The Multinational Enterrise - Products Liability - Jurisdiction (Australia) Bran

Question

The Multinational Enterrise - Products Liability - Jurisdiction (Australia)

Brand X Inc. is a corporation based in the United States. They do business in India through various channels, especially in controversial sectors. Two of these channels are a branch office of Unheedlock and Brand X Defiance Ltd. (a subsidiary registered with the Bombay Stock Exchange). An investigative journalist has on separate occasions found both Brand X and Brand X Defiance Ltd. offering bribes to Mr. Y - a Member of Parliament in India - to speed up a project that would take longer in the normal course of things. The United States is looking to prosecute Brand X and Brand X Defiance Ltd. under the Foreign Corrupt Practices Act (FCPA), and Mr, Y under the general conspiracy statute for conspiring to violate the FCPA. The 1988 Prevention of Corruption Act in India aims to prevent corrupt practices by prosecuting the public officials who receive bribes. However, there is currently no Indian law that makes private parties liable for offering bribes to such officials. You have been retained as defense council for Brand X, Brand X Defiance Ltd., and Mr, Y. Discuss some of the main issues you would be considering while preparing your case.

Explanation / Answer

1)the association of the member of the parliament with criminal elements is a major concern as it will hinder the police investigation.

2)since this is a matter of international interest, international relations will have to be considered

3)the detailed protocol for the case against a member of the pariliment who would have considerable influence on the proceedings of the case will be of paramount importance

4)the influence of the Mr. Y on the agency and the agency head undertaking the investigation

5)empirical methods for the proper evidence of the corruption including fingerprint matching, etc.

6)possible use of an oppertunity to catch Mr. Y red handed by using a trap - hiring a person and implanting him with a microphone, hidden camera, etc,, to offer a bribe to Mr. Y.

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