International Anti-Corruption & FCPA

Arent Fox’s Anti-Corruption team has extensive knowledge and experience in helping clients conduct business internationally while abiding by the Foreign Corrupt Practices Act, anti-money laundering laws, and an ever-growing number of international anti-corruption conventions.

Our Team

Our team includes veteran international counselors on FCPA, anti-money laundering, and related issues, government contract professionals with foreign contracting background, and several former prosecutors and Securities and Exchange Commission Enforcement Division attorneys, including two former US Attorneys; a former Chief of the Public Corruption and Civil Rights Section at the US Attorney’s Office in Los Angeles; and a former Deputy Chief of the Criminal Division and Chief of the Fraud Section at the US Attorney’s Office in the Eastern Division of New York.

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, Africa, South America, China, Eastern Europe, and Indonesia
  • Assisting clients in conducting FCPA due diligence for foreign agents, consultants and third party vendors and subcontractors around the world
  • Drafting an independent FCPA monitor’s report as part of a deferred prosecution agreement
  • Conducting global internal investigations involving actual or potential FCPA violations for companies operating in numerous industries, including aerospace and defense, automotive, and industrial technology, as well as agriculture, energy services, freight forwarding, pharmaceuticals, and biotechnology
  • Representing Fortune 500 companies in civil and criminal enforcement actions brought by the Department of Justice, and the SEC
  • Representing Fortune 500 companies in Iraq Oil-for-food investigations launched by the DOJ and SEC
  • Assisting and shadowing outside auditors in a books and records review
  • Providing compliance and investigatory presentations to audit committees and boards of directors

Our Work

Compliance Training and Program Development

Our attorneys work closely with our clients, whether large or small, to develop 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, geography, and cultural nuances
  • Development of compliance training manuals and materials, tailored to meet the operational needs of the client, in each specific market and geographic location
  • Development of metrics and standards to evaluate the effectiveness of anticorruption and compliance programs
  • Development of due diligence procedures and contractual safeguards; training for foreign agents and consultants
  • Evaluation and counseling for transactions that pose an FCPA concern
  • Education program design
  • Compliance audits
  • Comprehensive instruction for in-house counsels and compliance staff
  • Legal updates and client alerts

Counseling

We provide our clients with advice and solutions in real time to help 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 in response to discovery of a potential problem, or 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.

Key Contacts