FCPA Investigation Law Firm
- The FCPA prohibits bribing foreign officials to obtain or retain business and requires that companies maintain adequate books, records, and internal controls.
- The FCPA is enforced primarily by the DOJ and also with the assistance provided by the SEC.
- The main source of the federal government’s initiation of a FCPA investigation comes from whistleblower tips. SEC filings also represent a potential source for uncovering FCPA violations.
- A FCPA investigation into a company involves significant requests for information such as subpoenas, document production, and record examination.
- Federal authorities have found it beneficial to also bring charges for non-FCPA crimes such as money laundering or bank fraud in addition to charges for FCPA violations—thus making it a common practice for companies to now be charged with violations of both the FCPA and other federal charges in connection with the same behavior.
- Consider hiring a team of FCPA lawyers experienced in handling all aspects of the federal investigative process.
Experienced FCPA Defense Team
If you are being investigated in connection with a violation of the FCPA, now is the time to take prompt action in your defense and contact a FCPA defense attorney.
Federal authorities have increased their efforts to investigate and prosecute individuals and companies for FCPA violations. FCPA charges and other non-FCPA charges pertaining to bribing foreign officials have increased recently.
A FCPA investigation could result in significant civil and criminal penalties and jail time not to mention the needless time, expense, and reputational damage associated with a protracted government investigation.
Throughout the investigative process, it is critical that you are represented by an experienced team of FCPA defense attorneys who have a track record of successful litigation.
Do not wait to get in touch with a qualified FCPA defense attorney today. Put Oberheiden, P.C. on your side to fight for your freedom. liberty, and reputation.
The Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (“FCPA”) was enacted in 1977and contains two important provisions: (1) the antibribery provisions (15 U.S.C. §§ 78dd-1, 78dd-2, and 78dd-3), and (2) the accounting and recordkeeping provisions (15 U.S.C. § 78m(b)).
Briefly, the FCPA prohibits bribing foreign officials to obtain or retain business and requires that companies maintain adequate books, records, and internal controls as a part of their accounting practices.
The FCPA Investigative Process
The FCPA is primarily enforced by the DOJ with an assisting role by the SEC. U.S. regulatory authorities often find out about alleged FCPA violations from whistleblowers.
Whistleblower tips are the main source of the government’s initiation of FCPA investigations. These tips are either provided internally within the company (which are sometimes resolved internally) or reported externally to the government.
Filings with the SEC could also be a potential source for discovering FCPA violations because federal agencies such as the SEC may notice something that raises a red flag as to a possible FCPA violation and therefore wish to initiate an investigation.
A FCPA investigation involves significant requests for information such as subpoenas, document production, record examination, disclosures, and substantial federal scrutiny into the company’s business’ operations.
FCPA violations could result in civil and criminal penalties, disgorgement of profits, imprisonment terms, disbarment of licenses, disbarment from doing business with certain entities such as the U.S. government, forfeitures, loss of business contacts and customer base, and significant reputational harm.
Recent Trends to Bring Non-FCPA Charges
In addition to bringing charges against companies for violations of the FCPA, federal authorities have found it beneficial to also bring charges for non-FCPA crimes.
Often, behavior that implicates the FCPA also implicates other criminal laws and federal statutes. For instance, federal prosecutors have been more willing to also bring charges for crimes such as money laundering, mail fraud, wire fraud, bank fraud, and violations of the U.S. tax code, as some examples.
This is more likely to occur in cases involving foreign parties where there is not a sufficient connection to the United States to be charged under the FCPA, but there is sufficient evidence for that company to be charged under another federal statute for the same or similar behavior.
As can be imagined, this poses great risk to companies who regularly deal with foreign entities. Companies may find the federal government increase its investigative efforts into the management and procedures of its internal operations.
Therefore, it is now common for companies to be simultaneously charged with violations of the FCPA as well as non-FCPA crimes for providing corrupt payment or engaging in the bribery of foreign officials.
If you are concerned about this new trend and its implications, give our team of FCPA attorneys a call as soon as possible.
Matters Our Attorneys Handle
At Oberheiden, P.C., our FCPA attorneys are competent to handle various issues regarding the FCPA, including disclosures, the federal investigation, compliance, and litigation.
Below we provide a list and description of the matters we handle throughout the FCPA investigation process:
- Third Party Matters: We help businesses manage the risk associated with third parties, advising on those risks, and conducting due diligence on third parties. It is critical to employ competent counsel in this area because third parties and foreign parties represent the most potential for FCPA violations.
- Foreign Transactions: We regularly deal with foreign investment and foreign transactional issues for businesses, including those relating to foreign political contributions, governmental hiring, entertainment issues, and payments. Our team is also knowledgeable in dealing with the local laws of foreign countries, including the implications of local law prohibitions.
- Routine Transactions: We regularly advise our clients on the appropriateness, feasibility, due diligence, and risk assessment associated with various business transactions such as mergers and acquisitions, joint ventures, and takeovers.
- Compliance: We provide counsel and help clients develop strong and effective FCPA compliance programs, including an emphasis on vital components of the compliance program such as risk assessment, internal controls, personnel training, and best practices.
- Drafting: We can help our clients draft proposed bills that are more appropriately aligned with U.S. business practices and offer advice on lobbying Congress and members of the executive branch.
- Disclosures: We provide advice to our clients on submitting voluntary disclosures of FCPA violations as well as advice on developing solutions to rectify those violations. Such voluntary disclosures include SEC filings, corporate governance issues under SOX and the Dodd-Frank Act, tax issues, and AML compliance.
- Investigative Advice: We advise clients on the status of internal investigations into alleged FCPA violations as well as the stages of a federal investigation.
- Federal Investigative Process: We understand that a federal investigation into your business and its dealings with foreign parties can be a worrisome time. Our attorneys can resolve the uncertainty and are extremely experienced in handling the federal investigative process of a typical FCPA investigation. For instance, our team of FCPA attorneys regularly assists our clients with federal agency inquiries, requests for documents and other information, and dealing with other federal parties to the investigation such as investors and auditors.
- Defense Strategies: Our FCPA attorneys are prepared to go to court to defend our clients against civil and criminal enforcement proceedings in federal court.
- Negotiation Tactics: Our attorneys work with federal authorities to negotiate settlements and develop deferred and non-prosecution agreements to get the most advantageous results for our clients.
Need Advice Regarding FCPA Investigations?
An investigation into your company for FCPA violations could waste time, expense, and result in substantial criminal and civil penalties as well as imprisonment terms.
If you are being investigated for violations of the FCPA or think an investigation could be initiated, it is time to get in touch with a team of FCPA attorneys.
At Oberheiden, P.C., our attorneys include former FBI agents, former U.S. attorneys, and former prosecutors. This inside governmental perspective allows us to give us our clients unique defense strategies that are hand-tailored to our clients’ needs.
Our team of FCPA attorneys has the expertise needed to provide counsel on all aspects of the FCPA and FCPA investigations, including advising clients on how the FCPA affects their businesses, ensuring they maintain robust compliance policies and risk assessment procedures, and reviewing proposed transactions and business operations involving foreign parties and foreign markets.
We can help defend your business against unwarranted federal charges and advise you on how to proceed against FCPA allegations.
Call us today at 888-680-1745 or contact our office for a free consultation.