HCBE Faculty Articles

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

ORCID

Frank J. Cavico0000-0002-6258-2136

Document Type

Article

Publication Title

Open Law and Ethics

ISSN

2352-6327

Publication Date

1-1-2015

Abstract/Excerpt

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

https://doi.org/10.2174/2352633501501010030

Volume

1

First Page

30

Last Page

37

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