Per Diem | The FCPA Blog

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Posts Tagged: Per Diem

After Strkyer II, are per diems atop expenses always improper?

Kyden Creekpaum November 6, 2018

A little-noticed nugget in the recent Stryker SEC Order (Stryker II) — in addition to overbilling, kickbacks, and using unvetted intermediaries in India and China — was the allegation that Stryker’s “Kuwait Distributor made over $32,000 in improper ‘per diem’ payments to Kuwaiti [healthcare providers] to attend Stryker events, when Stryker had directly paid the costs for lodging, meals, and local transportation for these individuals.” … Continue Reading

Bill Steinman: Getting comfortable with per diems by mitigating the risk

Bill Steinman August 24, 2016

Per diems abound. Since my first post in this series six months ago, I’ve been asked to help our clients with at least fifteen foreign government tenders or contracts that require the payment of per diems during testing or training visits.… Continue Reading

Bill Steinman on per diems: What not to do

Bill Steinman July 19, 2016

Let’s recap. In my first post, I examined a limited set of circumstances where I believe it is reasonable under the FCPA to pay per diems to foreign officials.

In my second post, I looked at the enforcement agencies’ take on per diems by analyzing the FCPA Resource Guide as well as the Opinion Procedure Releases where the DOJ found it appropriate to make cash payments to foreign officials.… Continue Reading

Bill Steinman: Let’s talk about per diems, without the shouting

Bill Steinman April 12, 2016

Per diems. We in the FCPA bar love to hate them, and with good reason. Who likes the idea of giving cash to foreign officials? If there’s anything that should rankle the anti-corruption specialist, this is it. … Continue Reading

Bill Steinman: How to handle mandated per diems with foreign government customers

Bill Steinman March 2, 2016

Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract. … Continue Reading