Homer Moyer discusses whether the Justice Department and SEC have increasingly focused on companies’ charitable contributions and smaller payments to customs officials, an argument made by the National Foreign Trade Council (NFTC). Moyer says that the Schering Plough case is not a harbinger of “super aggressive cases” to come on charitable contributions. He also points out that there is an exception in the FCPA for facilitating payments that are aimed at getting officials to perform their duties. He says the cases the government has prosecuted thus far have all involved payments aimed at getting customs officials to do things that are not permitted, which by definition is prohibited under the FCPA.