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Fox News Judicial Analyst Judge Andrew Napolitano and FBN's Stuart Varney discuss the origins and the usefulness of FCPA.
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It is in cultures joining me now to sort out this whole question is Fox News senior judicial appellate judge -- -- Apollo Apollo.
And host of -- and company on Fox Business Network Stuart -- the gentlemen I I've always.
-- myself as an ethical man.
But I'm I've always had trouble from the time at the time to foreign corrupt practices act was passed that was working for one of the big.
International CPA currently told to look for these these these payments.
Under the table -- and at the same time my thought.
But wait a minute fees are paid.
To the port authority of New York to dock.
What's the difference between net and pain mr.
Fuji moto -- the talk of Tokyo to to have unload your goods there it seemed like.
The same kind of practices but.
The losses it's not judge well the government.
-- wants to give the impression that it is law abiding.
And others are not when the same behavior is engaged in so for example on the Wal-Mart case and Mexico with which I think you're gonna speak with -- Stewart in a moment.
The government may very well argue that if Wal-Mart paid local authorities bribes to do what they ought to have done anyway basically approve.
The standardize construction of a box -- using cinder block and materials that would be approved anywhere in the country.
The government should somehow prosecute that when the government itself.
Gives bribes to foreign countries every day every day of the week they just call -- car -- eight.
It's basically cash given to the leader of a country so last to make things easier for the American got.
-- Ali number all right so there's -- foreign.
The foreign aid as you call it weak weak right but there's also if I have a problem and I need to get a permit in my local community.
Or even if I haven't national company and eat something done across the country I call my lobbyist I say we -- -- make campaign contributions to -- it to my local official.
What's the difference there is no difference obviously won't talk about here is a contradiction between the way we actually act.
Act within the United States the way the government acts within the United States and how we're supposed to act as a private enterprise company when when looking overseas there is a contradiction.
Between the two it absolutely doesn't make moral sense however.
This lol is in place it's a very cut it very complex -- I think a judge will bring back real well not what is a death fall given its complexity.
I think it is politically applied and I think is being applied politically in this case because.
-- that the left.
Hates -- -- so go after Wal-Mart get them on a technicality about the foreign corrupt practices act and I love I think that's what's going.
Well it there isn't the -- I think it's a small group that is anti Wal-Mart of course this does give them fodder.
But the same -- must go back to the law because again I've I'm I'm convinced that laws should only be enforced -- enforceable if they are rational in the public except some.
What was the purpose behind.
This act which it too.
To give cover to -- the American businessman so that when you do business overseas you can say to them.
-- I'd love to pay your your your your bribe but I can't -- get in trouble of home well.
I think that the purpose of the act probably was was somewhat pure and that was sent to assure that.
Foreign laws were applied fairly to Americans rather than.
Only to those who could pay for the -- for the enforcement of them the problem as as Stewart points out is the more complex the law the board discretion the government has.
To enforce.
Question -- -- -- -- wanna force against Wal-Mart would they enforce it against fill in the blank someone dropped.
It's still existed some company favorable to the administration.
I think this will commence the 1970s.
But I think it involved some kind of scandal of bribery scandal by an American company operating in Latin America it was very bad publicity for American business and said this at -- would it be -- tone moral -- -- don't do that again looking at Villanova around action.
What -- don't have a typical overreaction the typical reordering of American.
Values and priorities -- response to a couple of incidents that out.
Great stuff on the ballot that was now all forgotten that you wind up with bad law and the problem is could you imagine any member of congress saying let's undo the foreign corrupt practices -- who's a good.
Who's for corruption nobody is not but I had a call on the radio show from a guiding Terry from Puerto BR to.
-- he called -- was listening we were talking about this and he said.
This is.
But the way everything is done -- yield you know how you can under the statute with a simple one word out one line -- added to it.
The statute shall apply to the government.
Because the government that in order to avoid this the sting of its own statute that would stop enforcing it against private individuals I get --
