Foreign Corrupt Practices Act Compliance & Defense |
With increased enforcement of anti-corruption laws in the United States and abroad, compliance with the Foreign Corrupt Practices Act (FCPA), the Travel Act, U.K. Bribery Act, and other foreign anti-corruption laws has quickly become a priority for companies conducting business - directly or through third parties - outside the United States. Perkins Coie’s Investigation & White Collar Defense Group has extensive experience advising and representing U.S. and foreign companies regarding a wide range of anti-corruption matters. Our team includes former Department of Justice and Securities and Exchange Commission lawyers, as well as many other government agency attorneys with years of experience conducting and evaluating complex anti-corruption investigations.
We regularly work with Fortune 500 companies to conduct internal investigations, and to establish policies, procedures, training programs, and other due diligence practices to ensure compliance with relevant U.S. and foreign anti-corruption laws and to minimize a company’s risk profile. We also represent companies and individuals during all stages of enforcement proceedings, from advising companies on whether to self-disclose a suspected violation, to responding to and resolving government inquiries. Our scope is global – our clients include U.S. companies with locations worldwide, as well as companies based outside the U.S., including those located in Brazil, China, Egypt, England, Germany, India, the Philippines, Russia, Sri Lanka, Thailand and Vietnam.
Representative FCPA and Anti-Corruption Experience:
- Acted as legal counsel to firm partner appointed by the U.S. government to serve as FCPA Corporate Monitor of a large multinational corporation in connection with deferred prosecution agreements with the DOJ and SEC. Monitor’s mandate was to review and independently verify the suitability of the company’s compliance program, recommend best practices for an anti-corruption program, ensure accurate accounting of books and records, and verify existence of sufficient internal controls to adequately support compliance efforts.
- Conducted internal investigations of suspected FCPA violations all over the world, including: China, Argentina, Brazil, Russia, Vietnam, South Korea, Indonesia, Egypt, the Philippines, India, Sri Lanka, and Germany (among others)
- Represented a number of multinational corporations in cooperative FCPA investigative disclosures with the DOJ or the SEC
- Responded to foreign government inquiries (e.g., China and Korea) regarding illegal trade practices (gifts, cash payments, rebates, commissions, fees) involving doctors employed at state-owned hospitals and potentially improper benefits paid to state-owned institutions (e.g., excessive “booth” sponsorships)
- Investigated whistleblower allegations and conducted proactive reviews in various markets to identify FCPA risks concerning unlawful payments from Sales/Marketing employees to doctors/pharmacists/nurses employed at state-owned institutions; potential unlawful payments to hospital or state-controlled drug formulary committees (for inclusion of pharmaceutical products); and potential improper payments related to regulatory approvals from various Ministry of Health officials
- Conducted due diligence review of worldwide subsidiaries in connection with pharmaceutical merger - examined FCPA risks across Sales & Marketing, Operations/Facilities (i.e., factory and warehouse), Government Relations/Regulatory, and Research and Development (clinical trials) units
- Conducted FCPA due diligence review of a number of acquisitions, joint ventures and mergers for a Fortune 100 corporation
- Worked with external auditors to conduct a post-acquisition review of a company to ensure effective anti-corruption policies were in place
- Advised companies on whether to voluntarily disclose suspected FCPA violations to the DOJ and SEC and, when appropriate, executed the voluntary disclosure and implementation of remedial measures
- Drafted an anti-corruption compliance manual, policies, and training materials for a Fortune 100 company, which included having a firm lawyer secunded to the company for six months to draft compliance materials and implement the program
- Conducted FCPA due diligence investigations in connection with proposed transactions and in anticipation of engaging third-party agents
- Conducted world-wide anti-bribery and anti-corruption training of executives, officers, managers, internal auditors and investigators, and employees
- Analyzed existing anti-corruption compliance programs for large and small companies and recommended modifications in policies, procedures, and other due diligence practices to ensure compliance with the FCPA, Travel Act and other anti-corruption laws