Anti-Corruption Compliance and Enforcement (FCPA, UK Bribery Act)
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 Foreign Corrupt Practices Act (FCPA) and global anti-corruption matters.
Compliance Programs and Counseling
We work proactively to protect our clients by assisting them in developing anti-corruption (e.g., FCPA and the UK Bribery Act) compliance policies and procedures and have extensive expertise in the establishment and implementation of practical and efficient compliance programs. Our attorneys, many of whom have served in the government as senior officials, prosecutors and regulators, understand governmental expectations for anti-corruption compliance programs and can assist clients in designing, modifying, and implementing compliance programs to meet these expectations. We also provide training for our clients and keep them abreast of the latest developments in law and agency practice.
Fried Frank's international 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 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, 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 anti-corruption laws by conducting due diligence and providing advice related to corporate transactions. Our due diligence includes reviewing policy and procedure controls, evaluating acquisitions and dispositions for potential anti-corruption liability, assessing arrangements with intermediaries and testing of 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 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:
- Conducting FCPA and anti-corruption investigations and due diligence, for a number of private equity and financial service companies, which require Fried Frank attorneys to conduct interviews and review documents in countries located in Europe, South America, the Middle East and Asia.
- Advising a worldwide financial services company regarding alleged payments to foreign officials in connection with the construction of energy facilities.
- Representing an international company in the oil and gas industry in a wide variety of multinational FCPA and OFAC internal investigations and diligence reviews.
- Representing a major US corporation in conducting an investigation into international FCPA/anti-bribery whistleblower allegations.
- Representing a senior officer of a Fortune 500 Company in SEC and DOJ investigations regarding alleged FCPA violations.
- Representing a former officer of a major public company in an FCPA investigation.
- Representing an international defense contractor in an internal investigation and follow up to "red flags" of possible anti-corruption.