Anti-corruption and the Foreign Corrupt Practices Act

 
Gerald D. Silver Partner (212) 660-3096 vCard
Laura Steinberg Partner (617) 338-2867 vCard
Paul E. Summit Partner (617) 338-2488 vCard
Franklin B. Velie Partner (212) 660-3037 vCard

The Foreign Corrupt Practices Act (FCPA) and UK Bribery Act have increasingly become areas of concern for many companies. Our attorneys frequently represent clients facing issues arising under FCPA, UK Bribery Act and other anti-bribery and anti-corruption laws. S&W handles every aspect of such matters for U.S. and non-U.S. companies, including due diligence, auditing sales agents and promulgating policies and training compliance materials; conducting training; establishing controls for handling interactions with governmental officials; investigating potential violations; and representing clients in investigations and prosecutions by the DOJ and the SEC.

Our group of seasoned attorneys, including former federal prosecutors and other former government attorneys, provide ongoing counseling, as well as advice on investigations and enforcement. Our lawyers have also advised on regulations from the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.  

Representative Client Work

  • Conducting an internal investigation for the chief executives of an international consulting company into whether it had participated in FCPA violations in the MENA (Middle East North Africa) region, including forming conclusions and advising the company as to self-reporting issues
  • Developing an FCPA policy for a multi-national company and advising the company with respect to implementation
  • Advising an international consulting company as to payments to specific third-party consultants, including as to the inquiries, representations, and documentation that are necessary in order for each such payment to withstand FCPA scrutiny
  • Analyzing a client’s proposed joint ventures and/or finder’s arrangements in Saudi Arabia and the United Arab Emirates and advising the client as to whether it could enter into the contemplated relationships and as to what inquiries, representations, and documentation would be required in order to minimize any chance that FCPA problems might ensue
  • Assisting a client in responding to requests for FCPA representations and warranties in the context of contracting with entities which were government contractors or subcontractors  
  • Working with two Israeli clients on the development of FCPA policies, a training program, as well as assisting with responding to specific inquiries regarding possibly problematic situations
  • Advising on a matter involving sale of product to a South American Country, including setting procedures to clear counterparties and to clear the way for import business