34 N.C.J. Int'l L. & Com. Reg. 471 (2008-2009)
Lightning up the Foreign Corrupt Practices Act: A Case Study of U.S. Tobacco Industry Political Influence Buying in Japan

handle is hein.journals/ncjint34 and id is 475 raw text is: LIGHTING UP THE FOREIGN CORRUPT
PRACTICES ACT: A CASE STUDY OF U.S.
TOBACCO INDUSTRY POLITICAL INFLUENCE
BUYING IN JAPAN
Mark Levint
If we admit that smoking is harmful to heavy smokers, do we
not admit that BAT [British American Tobacco]' has killed a lot
of people each year for a very long time? Moreover, if the
evidence we have today is not significantly different from the
evidence we had five years ago, might it not be argued that we
have been 'willfully' killing our customers for this long period?2
There is gold for you. Sell me your good report.3
I.    Introduction  ....................................................................... 472
II.   N and Y's Excellent Adventure ......................................... 476
A. B&W's March 1983 Tokyo Visit ................................ 476
B. Planning the Secret August 1983 Meeting .................. 479
C. The Secret August 1983 Meeting and Its Aftermath ..482
III.  Catch  M e  If Y ou  Can .......................................................... 486
A. An Explanation of the Foreign Corrupt Practices
A ct  ............................................................................... 4 8 6
B. The Illegality of B&W's Purported Payments to
N akao  and  Yokoyam  a ................................................. 489
tAssociate Professor of Law, The William S. Richardson School of Law, The University
of Hawai'i at Manoa, Honolulu, Hawai'i, U.S.A. The author would like to thank the
students in his International Business Transactions classes who have joined him each
year to learn about the U.S. Foreign Corrupt Practices Act.
I British American Tobacco is Brown & Williamson's parent company. Jonathan
Liberman & Jonathan Clough, Corporations that Kill: The Criminal Liability of Tobacco
Manufacturers, 26 CRIM. L. J. 1, 1 (2002).
2 Draft memorandum from Ernest Pepples, In-house Counsel, Brown &
Williamson Tobacco, New Strategy on Smoking and Health (undated, attributed to
1980), Bates No. 680051009/1014 at -1011, http://legacy.library.ucsf.edu/tid/edz95a00/
pdf, cited in DAVID KESSLER, A QUESTION OF INTENT: A GREAT AMERICAN BATTLE WITH
A DEADLY INDUSTRY 370 (2001) and Liberman, supra note 1, at 1.
3 WILLIAM SHAKESPEARE, CYMBELINE act 2, sc. 3.

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