US Foreign Corrupt Practices Act and Global Anti-Corruption
In this climate of increased regulation and intensified enforcement, clients turn to Arnold & Porter for our insights and extensive experience in global anti-corruption investigations, defense, and compliance matters. With a veteran team of former high-level prosecutors and lawyers from the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), Department of Homeland Security, and US Attorneys' Offices, as well as the UK's Serious Fraud Office, we vigorously defend companies and individuals by anticipating and strategically responding to government enforcement actions under the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and other anti-bribery laws and regulations.
We represent global leaders in diverse industries that span electronics, pharmaceuticals, cosmetics, financial services, defense and aerospace, hospitality, retail, medical equipment, energy, chemicals, and insurance. Our clients' operations have taken us to more than 85 countries, and we have established relationships with local counsel should issues arise under host country law. Recent client demands have engaged more than 80 of our lawyers for FCPA or anti-corruption matters.
Arnold & Porter works with clients to minimize exposure by tailoring compliance programs to the specific cultural, structural, and systemic activities of the organization. Our experience covers risk reviews, development of company policies to mitigate risks, and training for legal departments and business employees. We work with both domestic and foreign companies, including designing programs and training for non-US locations.
- Fortune 500 telecommunications company in connection with an FCPA investigation involving company's efforts to win contracts in China, Europe, the Middle East, and Central America. Successfully handled company's cooperation with the DOJ and SEC, leading to declination from the DOJ.
- Multi-national media company in ongoing UK and US criminal investigations and proceedings.
- German-based firearms manufacturer in ongoing FCPA investigation being conducted by the DOJ regarding allegations of bribe payments to Indian government officials in efforts to win government contracts.
- Large computer contractor in connection with a sprawling FCPA investigation involving company's activity in India.
- South African financial institution in FCPA investigation involving alleged bribery in connection with a tender to provide payment services to South African social grant beneficiaries. Coordinating company's cooperation with the DOJ and the SEC.
- Major European insurance company in an FCPA investigation involving alleged bribery to win contracts in Indonesia. Successfully handled company's cooperation with the DOJ and SEC, leading to declination from the DOJ and a favorable settlement with the SEC.
- Publicly traded private equity firm in connection with an FCPA investigation involving allegations of bribery by the firm's portfolio company as part of an effort to win contracts in Romania and Columbia.
- Multiple employees of a major financial institution in connection with ongoing DOJ and SEC investigation into the company's hiring practices in China.
- Individual in FIFA investigation and prosecution pending in the US District Court for the Eastern District of New York.
- Employee of defense contractor in prosecution pending in the US District Court for the District of New Jersey alleging bribery in connection with construction contracts in Iraq.
- Leading US biotechnology and pharmaceutical manufacturer on establishing a clinical trial in Colombia that is compliant with all anti-corruption requirements.
- US automotive industry component and parts supplier on investigation issues, which include compliance reviews in China, Brazil, and Mexico.
- Major pharmaceutical company in a comprehensive global compliance assessment, including reviews of operations in Asia, Latin America, and the EU.
- Private equity firm in connection with evaluating possible corruption risks of potential portfolio investments and developing a full anti-corruption compliance program.
Undertake assessments to evaluate compliance effectiveness in Latin America, Asia, Europe, and the Middle East.
Represent large defense company in SEC and DOJ investigations of possible FCPA violations in a Middle Eastern country. No enforcement action taken.
Represent large defense company in an internal investigation of possible FCPA violations in Saudi Arabia.
Assist pharmaceutical companies with their FCPA compliance programs.
Conduct risk assessment and help company develop FCPA compliance program.