Your first steps when a Foreign Corrupt Practices Act (FCPA) or an international anti-corruption issue arises are crucial. A misstep could result in significant civil and criminal sanctions for your company, and even jail time for individuals, all because of activities that you did not realize were violations. Your interactions with investigating law enforcement authorities can make all the difference.
Norton Rose Fulbright's FCPA and international anti-corruption team includes a team of former prosecutors and experienced trial lawyers who have run many FCPA and related international anti-corruption investigations. They know how to respond to law enforcement authorities both in the United States and overseas.
Among the former federal and state prosecutors in the group are several from the Fraud Section of the US Department of Justice Criminal Division, which oversees FCPA investigations in the United States. In fact, this unique team includes the Fraud Section's former Acting Chief and Principal Deputy Chief for Litigation.
Internationally, Norton Rose Fulbright's team includes the former Acting Head of Enforcement at the UK Securities and Investment Board (now known as the Financial Services Authority). Norton Rose Fulbright's group has represented clients before the Securities and Exchange Commission (SEC) and other US regulators, as well as their international counterparts including the UK's Serious Fraud Office (SFO) and Financial Services Authority (FSA), in connection with investigations and regulatory proceedings.
In addition to these extensive investigative and litigation backgrounds, the FCPA and international anti-corruption team includes lawyers with a wealth of experience in corporate compliance, commodities and securities litigation and regulatory enforcement.
The unprecedented level of cooperation among international enforcement authorities necessitates a coordinated global approach to anti-corruption investigations. A company's admissions to regulators in one country may be used against the company by regulators in another country. The outcome of such investigations could include the imposition of an outside monitor to assure FCPA and international anti-corruption law compliance.
Norton Rose Fulbright's global experience in this field, and dealings with regulators throughout the world, has given Norton Rose Fulbright's team significant experience in handling international regulatory investigations. Norton Rose Fulbright's lawyers have represented clients in numerous coordinated multi-jurisdictional investigations. Norton Rose Fulbright's FCPA and international anti-corruption group is multinational, with lawyers based in the US, UK, Middle East and Asia. Wherever FCPA, international anti-corruption or related parallel investigations arise, Norton Rose Fulbright's lawyers can respond immediately with a cross-border integrated defense team.
Norton Rose Fulbright's FCPA and international anti-corruption team offers comprehensive and practical compliance advice from lawyers who have conducted numerous investigations and advised clients on global compliance issues. Clients can take advantage of this knowledgeable advice and counsel before and after compliance issues arise.
We offer a full array of FCPA and international anti-corruption law compliance and related services, including:
- merger/acquisition/joint venture due diligence
- risk assessment
- development of compliance policies and procedures
- compliance training
- screening foreign agents and other third-party representatives
- compliance counseling
- compliance audits
- internal investigations
- government investigations
- global settlements
- appearing before government departments and agencies in the US and other countries
Lawyers in Norton Rose Fulbright's FCPA and international anti-corruption group have assisted clients across numerous industries in FCPA and international anti-corruption matters around the world. In recent years, we have been involved in FCPA and international anti-corruption matters for clients in the following industries: aerospace and defense; construction and engineering; higher education; energy; health care; investment banks and financial institutions; pharmaceutical; software development and sales; and telecommunications.
We have experience conducting internal investigations, due diligence, and compliance audits in the following countries:
- Equatorial Guinea
- Saudi Arabia
- The Netherlands
- United Arab Emirates
- United Kingdom
- United States
We have represented:
- several major US energy companies in DOJ/SEC investigations related to the FCPA and export control statutes
- two large, multinational oilfield services companies in FCPA due diligence reviews related to the companies' acquisitions of entities with extensive operations in West Africa and Latin America
- several major US medical device companies in FCPA-related investigations by the DOJ and SEC
- international commercial organizations in multi-jurisdictional internal and government investigations related to allegations of corruption in Africa
- global energy producer in investigations in Russia concerning alleged breaches of anti-corruption legislation, fraud, and money laundering
- large European bank in FCPA due diligence in connection with its financing the acquisition of a company with significant operations throughout Africa
- oilfield services company in an internal investigation related to its use of agents in the Middle East
- oilfield services company in an internal investigation related to its use of agents in Russia and India