Anti-Corruption and the Foreign Corrupt Practices Act (FCPA)

Anti-Corruption and the Foreign Corrupt Practices Act (FCPA)

Straight Talk on Anti-Corruption and the FCPA

Global anti-corruption laws, the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act are here to stay, and compliance with their provisions is an ever-expanding concern as companies operate in the increasingly global marketplace. In this climate of increased regulation, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) are aggressively enforcing the FCPA, and more government resources are being devoted to investigating and prosecuting FCPA violations. Other governments are also enforcing their anti-corruption laws, and some are working together with the DOJ and SEC to coordinate and enhance enforcement efforts. 

We Have the Experience to Navigate Anti-Corruption and the FCPA

Our team has the experience to assist its clients in navigating through the pitfalls of anti-corruption laws and the FCPA. We assist clients in establishing state-of-the art policies, procedures, training and internal controls to minimize the potential for any violation before it occurs. We also advise our clients on the legality of proposed transactions, conduct pre-acquisition due diligence, conduct due diligence on partners, agents and counter-parties and advise on how to properly respond to potential violations, including whether to self-report such potential violations to the SEC and DOJ to lessen the likelihood of any enforcement action. Of course, when necessary, we vigorously defend clients against governmental investigations and enforcement actions.

We Understand the Inside View of the Government Enforcement Process

Dealing with the SEC and the DOJ, as well as other civil and criminal authorities, both domestically and abroad, requires experience and judgment. Our inside view of government enforcement delivers proven advantages for our clients. For example, we recently assisted an oilfield services client in a three-year FCPA industry-wide investigation into the use of a customs clearing agent in West Africa, which resulted in no fines, penalties or other enforcement action by either the SEC or the DOJ, an extraordinary result in the current enforcement environment, especially when others in the industry have paid hundreds of millions of dollars in fines. Although no client can be assured of a similar result, we know the steps to take to reach a fair resolution of anti-corruption issues with government agencies.

We Advise Clients on the Full Range of Anti-Corruption Issues

Recognizing that an ounce of prevention in the anti-corruption arena can be worth many millions of dollars in savings on investigative costs and sanctions, our firm employs a practical approach to assist its clients in having the right tools in place before a problem arises. Our team has the knowledge and experience to provide clients with the full range of representation in connection with anti-corruption laws, including:

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