Cross-Border Investigation Defense

Defense Lawyers for Cross-Border Investigations Targeting Prosecution in the US and Abroad

Our defense team represents individual and corporate clients that are facing cross-border investigations. We have the legal experience, insights, and capabilities required to effectively represent clients around the world. Regardless of the government (or governments) involved, we can efficiently pursue a favorable resolution that avoids unnecessary consequences.

Attorney Nick OberheidenInternational Litigation Team Lead

Cross-border investigations can create exposure to enormous civil and criminal liability. These investigations can involve multiple law enforcement and regulatory authorities in multiple jurisdictions, and they can pose a host of legal and practical challenges.

As a result, experienced legal representation is critical.

At Oberheiden P.C., we provide experienced legal representation for cross-border investigations targeting individuals and organizations located in the United States and abroad. We handle cases involving the US Department of Justice (DOJ), US Department of Homeland Security (DHS), and all other domestic law enforcement agencies as well as their foreign counterparts. We handle congressional investigations as well, and we have a proven track record of successfully representing clients in US courts.

We Handle All Types of Global Investigations

While cross-border investigations require a proactive and strategic approach, they also require due consideration for local sensitivities and other cultural dynamics that arise strictly in the cross-border context. With our experience handling these cases, we are able to help our clients effectively address not only legal challenges, but practical challenges as well. Our experience includes representing clients in multiple countries who have faced civil, criminal, and regulatory inquiries focused on:

Foreign Corrupt Practices Act (FCPA) Violations

We help clients navigate cross-border investigations involving allegations under the Foreign Corrupt Practices Act (FCPA), Foreign Extortion Prevention Act (FEPA), and other anti-corruption laws in the US and other countries. In these cases, we provide strategic advice and representation focused on securing a favorable resolution without formal charges being filed.

Office of Foreign Assets Control (OFAC) Sanctions

We take a similar approach to cases involving alleged violations of Office of Foreign Assets Control (OFAC) sanctions. From money laundering-related allegations against domestic and foreign banks to allegations of illegally attempting to bypass export controls and related sanctions, we handle all types of complex cases targeting individuals and entities in North America, Latin America, the Middle East, and other regions around the world.

Global Sanctions (i.e., INTERPOL and UN Sanctions)

We handle global sanctions matters as well. These are often high-stakes and highly sensitive matters, and they can pose substantial risks for targeted individuals and entities. We work closely with our clients to develop and execute custom-tailored defense strategies that are designed to protect our clients by all means available.

Securities and Commodities Fraud

Cross-border investigations involving securities and commodities fraud allegations can pose substantial risks as well. We handle civil, criminal, and regulatory matters under US law and other countries’ local laws, and we engage local counsel on behalf of our clients as necessary. Along with handling securities and commodities fraud investigations, we also defend clients in litigation involving regulators’ allegations that our clients have failed to comply with all pertinent prohibitions and requirements.

Threats to National Security

Governmental authorities in the US and abroad devote substantial resources to their efforts to uncover and target threats to national security. If you are facing a cross-border investigation in connection with a country’s national security concerns, this is an extremely high-stakes matter that requires highly experienced defense counsel.

Violations of Data Privacy Laws

Failure to maintain compliance with countries’ data collection and remote access laws can lead to a wide range of allegations that carry the potential for administrative, civil, or criminal penalties. Our lawyers handle cross-border investigations involving scrutiny under domestic and foreign data privacy laws and regulations. When necessary, we can assist with implementing globally compliant data security practices and procedures as well.

White Collar Crimes

We also handle cross-border investigations involving allegations of all types of white collar crimes. This includes everything from bank fraud and other forms of financial fraud to international tax evasion and tax fraud. White collar criminal allegations can lead to substantial financial exposure for corporations and other targeted entities; and, for individuals, they can pose risks for both fines and imprisonment—either in the US or abroad.

These are just examples. We handle cross-border investigations and enforcement actions involving all other serious accusations as well. If you are facing scrutiny related to any alleged or possible violations of US or international law, our lawyers can provide advice and representation focused on the specific circumstances at hand.

Clients We Represent in These Cases

Within our international defense practice, we represent all types of individuals and organizations that are facing scrutiny from governmental authorities in the US and other countries around the world. Representative examples of the types of clients we represent in these cases include:

Corporate Entities

We represent corporate entities of all sizes organized in the United States and other countries. Even if your company has general counsel, it is still critical to engage experienced outside counsel for a cross-border investigation.

Business Owners and Investors

We also represent business owners and investors in cross-border investigations. Whether you are facing scrutiny in your capacity as a business owner or you are facing allegations based on your individual financial dealings or other activities, we can use our experience to help protect you by all means available.

Executives and Other Senior Management Personnel

Along with representing business owners and investors, we also represent corporate executives and other senior management personnel. We handle cases involving allegations of insider trading, self-dealing, bribery and corruption, and other offenses existing under the laws of the United States and foreign countries.

Targets of Political Persecution

Our lawyers represent targets of politically motivated investigations in the US and abroad. If you are being targeted because of your political affiliation or political activities, we can help protect you. We have the experience and capabilities required to confront the unique issues these cases present; and, here too, we focus on securing favorable pre-charge or pre-trial resolutions whenever possible.

Other Targeted Individuals

We represent other individuals targeted in cross-border investigations as well. In many cases, these investigations will create exposure to multiple parallel proceedings—meaning that targets can potentially face administrative, civil, and criminal inquiries simultaneously. Once we gain a comprehensive understanding of the risks you are facing, we will be able to develop and implement a comprehensive defense strategy that takes into account all of the risks at hand.

FAQs: Defending Against a Cross-Border Investigation

Why am I being targeted in a cross-border investigation?

Cross-border investigations have become increasingly common in recent years. This is largely a sign of the times, although US, UK, European, and Asian regulators have shown a particular interest in increasing enforcement actions internationally. Determining the trigger and focus of your cross-border investigation will be a key first step toward executing a strategic defense.

Is it safe to conduct an internal investigation if my company is facing government scrutiny?

Once you have established the attorney-client privilege, it is safe to conduct an internal investigation with the oversight of your company’s outside counsel. With that said, the protections afforded by the attorney-client privilege varies significantly between foreign jurisdictions, so it is critical to engage a law firm with specific experience handling cross-border investigations. If you engage Oberheiden P.C., our lawyers will conduct a preliminary risk assessment mapping relevant jurisdictions and exposure points, and then we will advise and represent your company taking into account all pertinent legal considerations.

When can companies face cross-border investigations involving data privacy?

Companies can face cross-border investigations involving foreign citizens’ data privacy rights in various circumstances, and these investigations are becoming increasingly common. A comprehensive approach to compliance and effective data mapping are essential for maintaining privacy compliance during cross-border data transfers, as foreign data residency laws can restrict global data transfers (or data access) in many cases.

Can foreign governments obtain evidence from the United States?

Section 1782 of Title 28 of the U.S. Code lets foreign authorities obtain documents and other evidence from parties located in the United States. While US government authorities often collaborate with their foreign counterparts in cross-border investigation, Section 1782 allows foreign governments to use US discovery requests to pursue law enforcement proceedings when necessary.

Do I need local counsel if I am facing an investigation in a foreign country?

While local counsel can assist with assessing criminal liability risk, clarifying privacy rules, and certain other jurisdiction-specific matters, US parties that are facing investigations in foreign countries should generally engage a US law firm for their defense. Depending on the circumstances, your US counsel may be able to handle all aspects of your defense; or, if necessary, it can serve as a central coordination hub to manage and improve the effectiveness of a coordinated cross-border defense strategy.

Speak with a Lawyer in Our Cross-Border Defense Practice Today

To speak with a senior lawyer in our firm’s cross-border defense practice, contact us today. Call 888-680-1745 or tell us how we can reach you online to schedule a complimentary initial consultation.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources