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Foreign Corrupt Practices Act (FCPA) Compliance and Defense

Experienced FCPA Attorneys

The Foreign Corrupt Practices Act (FCPA) is a set of three statutory provisions and related rules that require proactive compliance measures and strategic defense strategies. As with other federal securities and business-related statutes, the SEC and DOJ can investigate and prosecute possible violations as civil or criminal actions, respectively, separately or together.

 

Whether you are seeking guidance on compliance protocols or require robust defense representation in FCPA investigations or litigation, we are here to provide comprehensive legal solutions tailored to your needs. At SECIL Law, our team of seasoned attorneys assists business entities, boards of directors, audit committees, officers, employees, and company agents understand, implement, navigate, and comply with the requirements of the FCPA, and, as needed, conduct internal investigations, defend governmental (SEC and DOJ) investigations in an effort to prevent or settle, or if needed, fully litigate complaints and indictments.

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Understanding the FCPA

The Foreign Corrupt Practices Act (FCPA) is a 1977 law with two separate parts, the first requiring SEC registered companies to develop and implement internal controls and to make and keep accurate records, and the second containing three separate anti-bribery provisions that prohibit, respectively, SEC registered companies, individuals and non-public companies in the U.S. (“domestic concerns”), and anyone in the United States from bribing foreign officials to ignore their duties or influence their government.

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Foreign Corrupt Practices Act Services

We represent clients before the DOJ and SEC and have advised clients concerning DOJ’s FCPA Opinion Procedure, the voluntary disclosures of FCPA violations, and the settlement of FCPA proceedings through deferred prosecution agreements, non-prosecution agreements, and similar mechanisms. In addition, we have advised and guided clients through issues raised under the UK Anti-Bribery Act, the French Loi Sapin II, and other anti-corruption laws and regulations.

Our team includes former DOJ prosecutors, SEC enforcement attorneys, and attorneys with experience in more than 40 jurisdictions including Argentina, Brazil, China, Ecuador, France, India, Mexico, Nigeria, Russia, and Spain.

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  • Compliance Counseling: Our attorneys offer proactive compliance counseling to help clients understand their obligations under the FCPA and develop robust compliance programs tailored to their specific industry and risk profile. We conduct comprehensive risk assessments, provide training to employees and executives, and implement effective policies and procedures to mitigate the risk of FCPA violations.
  • Internal Investigations: In the event of suspected FCPA violations or allegations of misconduct, we conduct thorough internal investigations to assess the scope and severity of the issue. Our investigative team utilizes forensic accounting techniques, electronic discovery, and witness interviews to gather relevant evidence and provide actionable insights to our clients.
  • Defense Representation: In the event of FCPA enforcement actions or investigations by regulatory authorities, our attorneys provide aggressive defense representation to protect our clients’ rights and interests. We advocate on behalf of our clients during all stages of the investigative process, from initial inquiry to settlement negotiations and litigation, if necessary.
  • Remediation and Resolution: We work closely with our clients to develop remediation plans aimed at addressing any identified deficiencies or violations and implementing corrective actions to prevent future misconduct. Our goal is to help our clients navigate FCPA investigations with minimal disruption to their business operations and reputations.
  • Represented a global company in the first FCPA investigation by the DOJ and SEC of a Brazilian multinational, involving transactions in Latin America, Asia, the Middle East and Africa.
  • Represented a Brazilian corporation and U.S. “issuer” in one of the largest FCPA settlements of bribery allegations arising from Brazil’s Lava Jato (“Operation Car Wash”) anti-corruption probe.
  • Represented an international construction company in an FCPA investigation for a project in the Middle East.
  • Successfully advised U.S. mining original equipment manufacturer (“OEM”) on developing and securing China-originating supply chain for drilling products, enhancing global intellectual property protection, building FCPA compliance programs and policy, and developing international product sales and distribution network.
  • Conducted internal investigation into allegations of FCPA violations and bid-rigging by a foreign subsidiary of a major US-based global corporation; implemented remedial measures and appropriately addressed inappropriate conduct by certain employees.
  • Represented an officer of a subsidiary of a US-listed company in a joint DOJ and SEC FCPA investigation into payments made by the subsidiary in connection with the award of a major government contract in Ecuador. No charges were brought against our client.
  • Conducted a global corruption risk analysis, created and revised policies and procedures, and assisted in the implementation of a global anti-corruption program for a Fortune 100 global corporation with operations in 67 countries around the world.
  • Conducted an internal investigation and implemented remedial measures to address bribery and corruption policy violations in a global company’s operations in India and reported results to the DOJ and SEC, resulting in no charges and no findings against our client.
  • Advised U.S.-based medical services provider on FCPA issues related to a joint venture hospital in China.
  • Counseled RFID chip manufacturer on mitigating FCPA risk in connection with Korean government purchase of chips.
  • Advised large U.S. retailer on FCPA risks in multi-jurisdiction supply chain.
  • Provided FCPA support in connection with U.S.-based investment fund’s operations in Gulf Cooperation Council jurisdictions.
  • Represented chief executive officer of a US-based oil drilling company in a joint DOJ and SEC FCPA investigation into payments made by the company in connection with its operations in Africa and South America.
  • Represented an officer of an Ecuadorian subsidiary of a Swiss company with significant US operations in a joint DOJ and SEC FCPA investigation into payments made by the subsidiary in connection with the award of a bid contract in Ecuador.
  • Represented the audit committee in an FCPA investigation for an Israeli based pharmaceutical company trading on US exchanges. The investigation resulted in a deferred prosecution agreement with the DOJ and SEC. We also helped implement anti-bribery procedures as part of the company’s remediation process.
  • Performed an investigation into bribery of government officials by the senior management of a large telecommunications company with operations in the former Soviet Union. The results of this investigation included violations of the Foreign Corrupt Practices Act, which were reported to the SEC/DOJ and resulted in a deferred prosecution agreement.
  • Represented a large healthcare company with operations in the Caribbean in an investigation into allegations of commercial bribery, economic espionage and corruption. The investigation resulted in the termination of several vendor contracts, the termination of several company officers, and civil litigation by the company against several vendors.
  • Performed an investigation for a US environmental firm providing services on a Philippine government contract. This investigation uncovered violations such as bribery of government officials, falsification of books and records and the submission of false claims to the government. The company self-reported the violations and rescinded all claims to the government.
  • Performed an investigation for a US technology company with operations in India and China into allegations of FCPA violations. The findings of our investigation were presented to the SEC and DOJ resulting in a favorable deferred prosecution agreement for the client.
  • Conducted due diligence regarding FCPA issues for companies engaged in mergers and acquisitions.
  • Drafted and implemented FCPA policies and training for large public companies, privately held companies, and nonprofits.

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