HCBE Faculty Articles

Title

JP Morgan Recruitment Practices in China: Legal Networking or Illegal Bribery

Document Type

Article

Date

1-1-2015

Publication Title

Open Law and Ethics

ISSN or ISBN

2352-6327

Volume

1

First Page

30

Last Page

37

Description

This article examined J.P. Morgan Chase and Company (J.P. Morgan) and its recruitment practices in China pursuant to the U.S. Foreign Corrupt Practices Act (FCPA). Certain key elements of the statute were explicated and illustrated in the context of the bank’s hiring in China. The article found that J.P. Morgan has an arguable defense to legal liability based on the lack of evidence that the bank acted with the requisite “corrupt” intent. The article also provided an examination of the morality of J.P. Morgan’s recruitment practices pursuant to three ethical theories. It was found that the bank was acting morally pursuant to Utilitarianism and Ethical Relativism, but immorally under Kantian ethics. The article supplied general recommendations for companies and specific ones to J.P. Morgan to avoid liability pursuant to the FCPA.

DOI

10.2174/2352633501501010030

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