Fried Frank advises corporations, boards of directors and other private-sector entities in connection with a range of international compliance and enforcement matters, often providing counsel under circumstance that require the greatest discretion.
Our experience spans a range of industries, including financial services, healthcare, aerospace, energy, agriculture, consumer products and many others. In 2013, our practice was awarded a Distinguished Service Award in the “Excellence in Business Judgment” category at Main Justice's “Best FCPA Lawyers” Client Service Awards, which highlight the achievements of law firms and law-firm practitioners who demonstrated exceptional service in representing companies and executives in FCPA and global anti-corruption matters.
- Compliance Programs and Counseling: We work proactively to protect our clients by assisting them in developing FCPA and other anti-corruption compliance policies and procedures. We have extensive expertise in the establishment and implementation of practical, effective and efficient FCPA compliance programs. Our attorneys, many of whom have served in the government as senior officials, prosecutors and regulators, understand governmental expectations for FCPA and anti-corruption compliance programs and can assist clients in designing, modifying, and implementing compliance programs to meet these expectations. We also provide FCPA and other anti-corruption training for our clients and keep them abreast of the latest developments in law and agency practice.
Our experience in writing, reviewing and investigating global compliance programs spans across multiple industries including financial services, health care, aerospace, energy, agriculture, consumer products and many others. We have a history of experience with international compliance programs under circumstances that require the greatest discretion. Our partners conduct these engagements on behalf of corporations and their boards of directors, as well as for other private-sector entities.
- Internal Investigations and Enforcement: Our attorneys regularly both conduct and advise clients with respect to internal investigations involving suspected violations of the FCPA and other anti-corruption laws. We are experienced in dealing with the international aspects of investigations, including jurisdictional and data transfer issues. With increased activism and cross-border cooperation between enforcement agencies, we represent the interests of clients in multiple jurisdictions, defend against allegations under anti-corruption laws and are well placed to achieve resolutions on a global basis.
In addition, we have developed an international reputation for successfully handling the defense of corporations and executives under criminal and regulatory investigation. We have handled numerous matters, dealt with a myriad of whistleblower instances, and conducted internal investigations involving allegations of securities and other financial frauds, insider trading, market manipulation, FCPA violations, money laundering, RICO violations and procurement and health-care fraud. We often handle matters with parallel criminal and regulatory investigations, as well as related civil litigation.
- M&A and Transaction Support With cross-border transactions, we work to ensure compliance with the FCPA and other anti-corruption laws, including the UK Bribery Act, and provide due diligence and FCPA advice related to corporate transactions. Our due diligence includes reviewing policy and procedure controls, evaluating acquisitions and dispositions for potential FCPA and other anti-corruption liability, dealing with intermediaries and testing payments made to third parties, including consultants, foreign commercial agents and joint venture partners. When necessary, we also work with forensic accountants to review payments or business relationships for compliance with the FCPA and other anti-corruption laws to help our clients mitigate their risk exposure.
Many of our anti-corruption cases have been ground-breaking with successful results that will never become public. While specifics of many of our most impressive cases cannot be disclosed, our most recent experience includes:
- International accounting firm in connection with an investigation concerning the alleged use of bribery and kickbacks in securing valuable mining concessions from an African government agency.
- Founding partner and COO of a New York broker-dealer in connection with an FCPA prosecution and related civil claims arising from alleged “pay-to-play” arrangements with senior officials of a Venezuelan state banking entity.
- US industrial supply corporation in connection with an internal investigation regarding whistleblower FCPA allegations concerning the company's China, France, Belgium, German, Netherlands, Singapore and Latin America operations.
- International technology manufacturing company in connection with an internal investigation regarding alleged payments to Mexican customs officials for the importation of equipment.
- Industry trade organization in connection with a high-profile investigation by New York's Moreland Commission to Investigate Public Corruption.
- Quasi-governmental agency in connection with an internal investigation relating to procurement and related matters.
- Russian Federation non-governmental organization in connection with FCPA and other anti-corruption issues presented by an international sporting organization's disputed presidential election.
- Taiwanese political operative in connection with an investigation regarding the alleged laundering of embezzled funds through the purchase of high-end US residential real estate.
- Principal of a security technology company regarding a DOJ investigation into alleged FCPA violations arising from business deals in India and the United Arab Emirates.
- Senior elected official regarding the New York Attorney General's “pay-to-play” investigation into the activities of placement agents in securing investments by the New York State Common Retirement Fund.
- Multinational pharmaceutical company in connection with an internal investigation spanning ten countries regarding alleged violations of the FCPA, UK Bribery Act and other analogous local laws.