Abstract
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 illus- trated in the context of the bank's hiring in China. The article found that J.P. Morgan has an arguable defense to legal li- ability 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 arti- cle supplied general recommendations for companies and specific ones to J.P. Morgan to avoid liability pursuant to the FCPA.
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