Foreign Corrupt Practices Act (FCPA)

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

At Arent Fox, our attorneys have extensive knowledge and experience in helping clients conduct business internationally while abiding by the FCPA, Anti-Money Laundering laws, and an ever-growing number of international anticorruption conventions. Our anti-corruption team includes veteran international counselors on FCPA, Anti-Money Laundering, and related issues, Government Contract specialists with foreign contracting background, and several former prosecutors and Securities and Exchange Commissions (SEC) Enforcement Division Attorneys, including former US Attorney Terree Bowers; Chief of the Public Corruption and Civil Rights Section at the US Attorney's Office in Los Angeles Mary Carter Andrues; former SEC enforcement attorney Peter Unger; and former Manhattan Assistant District Attorney Scott Peeler. Our team has extensive experience in handling FCPA matters all over the world, including Europe, Asia, Latin America, Africa and the Middle East. Our attorneys also have experience in a broad range of industries, including:

• Defense & Aerospace
• Materials Processing
• Software/Computer Technology
• Agriculture/Food
• Consumer Products
• Biotech/pharmaceuticals
• Energy Services
• Freight Forwarding
  

Our experience includes:

• Designing comprehensive compliance education programs for clients operating in the oil, telecommunications, materials processing, and electronics industries, located in Europe, the Middle East, Asia, and Central and South America
• Conducting pre-closing merger and acquisition due diligence to discover and resolve FCPA problems for various companies operating in the Middle East, China, Eastern Europe, and Indonesia
• Assisting clients to vet international consultants for FCPA concerns in countries around the world
• Drafting an independent FCPA monitor's report as part of a deferred prosecution agreement
• Conducting internal investigations involving actual or potential FCPA violations for companies operating in numerous industries, including defense, agriculture, energy, and pharmaceuticals, and operating in Argentina, China, Indonesia, Iraq, Mexico, New Guinea, Nicaragua, Nigeria, and the United Arab Emirates
• Representing Fortune 50 companies in civil and criminal enforcement actions brought by the Department of Justice (DOJ), and the SEC
• Representing Fortune 500 companies in Iraq Oil-for-food investigations launched by the DOJ and SEC
  

Compliance Training and Program Development
Our attorneys work closely with our clients, whether large or small, to develop a customized education and compliance programs. Our programs emphasize teaching employees the fundamentals of the FCPA and other international anti-corruption laws; helping them to recognize red flags that could indicate a problem is afoot; and teaching them practical tactics to deal with third-party agents, contractors, and foreign officials who might be prone to unethical behavior.

Our training and compliance programs are tailored to individual client needs, taking into account the specific challenges and risks each client faces and the industries in which they work. Compliance programs include elements, such as:

• Risk assessments based on industry and geography
• Development of compliance training manuals and materials
• Development of due diligence procedures and contractual safeguards
• Education program design
• Compliance audits
• Comprehensive instruction for in-house counsels and compliance staff
• Counseling

We provide our clients with advice and solutions in real time to ensure that their business operations can go forward while minimizing risk and staying within the boundaries of the law. Arent Fox attorneys are experienced in handling the wide array of circumstances that can pose corruption problems, such as:

• Contracts with foreign agents
• Business partnerships and affiliations
• Mergers and acquisitions
• Procurement
• Solicitations for suspicious payments
• Business travel and hospitalities
• Whistleblowers
• Controversy
  

The agencies responsible for FCPA enforcement, The DOJ and SEC have announced an unprecedented number of investigations in recent years, many involving some of the world's largest and most respected companies. When necessary, we conduct internal investigations for corporate management, corporate boards, and audit committees sometimes in response to discovery of a potential problem, sometimes in anticipation of a voluntary disclosure or a possible DOJ or SEC investigation. Our focus is to conduct a thorough investigation efficiently, quickly, and discreetly. Once an investigation is completed, we develop strategies to secure the best possible outcome for our client, including voluntary disclosures if appropriate. When necessary, we represent companies after they have come under scrutiny by government agencies, and we help them deal with government investigations when they arise.