FCPA Whistleblower Attorney
Work with a Former Federal Prosecutor to Report a Violation of the Foreign Corrupt Practices Act (FCPA)
The Foreign Corrupt Practices Act (FCPA) prohibits companies from bribing foreign officials and engaging in other forms of corruption to advance their business interests or secure other benefits overseas. Not only does the FCPA help to ensure fair competition, but it also helps ensure that government funds go to those who deserve them and ensure that consumers do not pay inflated costs due to fraud. As the U.S. Department of Justice (DOJ) explains:
“Corruption impedes economic growth by diverting public resources from important priorities such as health, education, and infrastructure. It undermines democratic values and public accountability and weakens the rule of law. . . . International corruption also undercuts good governance and impedes U.S. efforts to promote freedom and democracy, end poverty, and combat crime and terrorism across the globe.”
Despite the federal government’s size, it still does not have the resources it needs to uncover foreign bribery and corruption in many cases. The scale of the problem is enormous, and it spans across the globe. As a result, whistleblowers play a key role in enforcing the FCPA. If you believe that you may have information about foreign bribery or corruption, we encourage you to speak with an FCPA whistleblower attorney at Oberheiden P.C. promptly.
Former Federal Prosecutors Representing FCPA Whistleblowers Throughout the U.S. and Worldwide
Our team of whistleblower lawyers includes former DOJ attorneys who investigated and prosecuted FCPA violations for the federal government before entering private practice. As a result, we are well-versed in all aspects of FCPA enforcement, and we can use our prior DOJ experience to help you make informed decisions about blowing the whistle. The former DOJ attorneys on our FCPA whistleblower team include:
- John W. Sellers – Mr. Sellers is a former senior DOJ trial attorney. During his time at the DOJ, Mr. Sellers handled numerous cross-border matters involving the FCPA, and he was responsible for prosecuting some of the largest financial crimes in U.S. history.
- Brian J. Kuester – Mr. Kuester served as a U.S. Attorney, overseeing DOJ investigations and prosecutions targeting crimes in the U.S. and abroad. He has extensive experience in the areas of federal bribery and corruption.
- Lynette S. Byrd – Ms. Byrd served as a DOJ trial attorney responsible for overseeing litigation involving all types of high-level federal white-collar crimes. She holds an AV Preeminent rating from Martindale-Hubbell, which reflects the highest level of professional excellence based on peer reviews.
With our team approach to legal representation, you will work one-on-one with one of our senior-level lawyers throughout your FCPA whistleblower case while also benefiting from all of our lawyers’ collective experience. You will have the opportunity to have all of your questions answered; and, while we will keep you consistently updated throughout our representation, you will be able to get in touch whenever you need to.
When Can (and Should) You File a Whistleblower Complaint Under the FCPA?
When should you consider filing a whistleblower complaint under the FCPA? The FCPA is a complex statute, and violations can take many different forms. Broadly speaking, violations fall into two categories: (i) violations of the FCPA’s anti-bribery and anti-corruption provisions; and, (ii) violations of the FCPA’s accounting and recordkeeping requirements.
Examples of potential violations of the FCPA’s anti-bribery and anti-corruption provisions include:
- Undue Influence During the Procurement Process – The FCPA prohibits bribery and all other forms of corruption when seeking to secure government contracts. Both attempted and successful corrupt practices during the procurement process violate the FCPA.
- Paying Bribes to Avoid Contract Termination – Along with prohibiting bribery and corruption during the procurement process, the FCPA also prohibits government contractors from paying bribes to avoid contract termination.
- Paying for Access to Non-Public Information – Companies, executives, and other individuals can also face prosecution under the FCPA for paying to obtain access to non-public information. This includes both sensitive government information and information about bidding competitors and other private parties.
- Unlawfully Securing Approval for Importing or Exporting – Many FCPA enforcement cases involve importing and exporting. Just like other government interactions, it is unlawful for companies (and individuals) to offer bribes or engage in other corrupt practices to secure importing or exporting approval.
- Unlawfully Securing Exceptions, Variances, and Other Government Benefits – The FCPA prohibits companies (and individuals) from using bribes and other corrupt practices to secure exceptions, variances, and other types of government benefits as well. If you believe that you may have information about any form of government bribery or corruption, we strongly encourage you to speak with an FCPA whistleblower lawyer at Oberheiden P.C.
Examples of potential violations of the FCPA’s accounting and recordkeeping requirements include:
- Failure to Adopt an Effective FCPA Compliance Program – Companies doing business overseas need to adopt effective FCPA compliance programs. Those that fail to do so are at high risk for committing FCPA violations.
- Failure to Keep Accurate Books and Records – The FCPA requires companies to keep accurate books and records that demonstrate statutory compliance. Failure to keep accurate books and records—whether intentionally or inadvertently—is a common FCPA violation.
- Failure to Implement Adequate Internal Controls – The FCPA also requires companies to adopt internal controls designed to ensure the accuracy of their financial recordkeeping. Failure to implement these controls is not only a statutory violation itself, but is also frequently indicative of other corrupt practices.
- Failure to Follow or Enforce Internal Controls – Simply adopting internal controls on paper isn’t enough. To comply with the FCPA, companies must take proactive steps to ensure that their personnel consistently follow and enforce their internal controls.
- Failure to Audit Payments or Take Other Necessary Steps to Uncover Corruption – Along with keeping accurate books and records in accordance with adequate internal controls, companies must also conduct audits and take various other steps to ensure FCPA compliance. When companies fail to uncover (or report) FCPA violations, it is up to whistleblowers to come forward.
While these are some of the most common examples of FCPA violations, these are by no means the only violations you can report as an FCPA whistleblower. If you have any reason to suspect a violation of the FCPA (even if you aren’t completely sure that a violation has been committed), you should speak with an FCPA whistleblower attorney to ensure that you make informed decisions about your next steps.
FAQs: Reporting Bribery or Corruption with the Help of an FCPA Whistleblower Attorney
Are whistleblowers protected under the FCPA?
Whistleblowers are protected against retaliation under the FCPA. The government will protect your identity; and, most likely, your employer will not learn that you were the one who blew the whistle. If your employer identifies you as a whistleblower, it may not take adverse employment action based on your decision to take action—and, if it does, you will be entitled to clear remedies under federal law.
Are FCPA whistleblowers eligible for financial awards?
FCPA whistleblowers are eligible for financial awards in some cases. If the information you provide to the federal government results in a financial recovery, you may be entitled to between 10% and 30% of the government’s recovery. If you are interested in seeking an FCPA whistleblower award, our lawyers can explain everything you need to know.
Where do I report a violation of the FCPA?
In most cases, reporting a violation of the FCPA involves contacting the U.S. Department of Justice (DOJ). However, you need to follow specific procedures (and meet certain requirements) to establish your eligibility for the FCPA’s whistleblower protections. As a result, it is best to seek assistance from an experienced FCPA whistleblower lawyer who can guide you forward and communicate with the DOJ on your behalf.
What information or records do I need to expose corruption as an FCPA whistleblower?
You do not need any specific amount of information or types of records to expose corruption as an FCPA whistleblower. The information and records you need will depend on the violation (or violations) you need to disclose. When you choose to work with Oberheiden P.C., our former federal prosecutors will determine if you have sufficient documentation to come forward.
How can an FCPA whistleblower lawyer help me?
If you need to report a violation of the FCPA to the federal government, there are several ways an experienced FCPA whistleblower lawyer can help you. At Oberheiden P.C., we assist our clients with all aspects of blowing the whistle—from deciding whether to come forward to preparing their disclosures, and from protecting their identities to working alongside the DOJ during its investigation. If you would like to know more about the services we offer, we invite you to contact us for a free and confidential consultation.
Speak with an FCPA Whistleblower Attorney at Oberheiden P.C. for Free
If you would like more information about serving as an FCPA whistleblower, we encourage you to contact us promptly. To schedule a free and confidential consultation with a senior FCPA whistleblower lawyer at Oberheiden P.C., please call 888-680-1745 or tell us how we can contact you online today.