Conversely, where there is corrupt intent, the prohibition applies. For example, in U.S. v. Titan Corp., Titan Corporation (“Titan”) agreed to pay combined civil and criminal penalties of over USD 28 million to settle FCPA charges related to improper campaign payments. Specifically, Titan was accused of using an agent to funnel over USD 2 million to the re-election campaign of the president of Benin, falsely recording such payments in its books and records, and failing to maintain a formal company-wide FCPA policy, compliance program, or due diligence procedures. In addition to Titan’s criminal and civil fines, the former CEO of the company’s local subsidiary, Titan Africa, was charged with falsifying the books, records, and accounts of an
