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FCPA & Global Anti-Corruption

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The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) are charged with enforcing laws against foreign bribery, corruption and related money laundering laws in the United States, chief among them the U.S. Foreign Corrupt Practices Act (“FCPA”), codified at 15 U.S.C. § 77dd-1, et seq.  Together, the DOJ and SEC have brought hundreds of enforcement actions against multinational companies and corporate executives for alleged violations of the FCPA over the past 15 years, leading to over $25 billion in global fines and penalties.  Many foreign authorities have also enacted laws against foreign corruption, empowering prosecutors with more tools and resources to bring enforcement actions of their own under the U.K. Bribery Act (UKBA), the French Sapin II, and other foreign anticorruption laws.  FCPA enforcement continues to be a priority area for corporate enforcement by DOJ and the SEC in the United States, with DOJ recently announcing that FCPA enforcement is among the top 10 priority areas for corporate enforcement under the Trump Administration.

Today’s anti-corruption enforcement environment creates heightened compliance expectations for companies operating around the world.

To help clients address these complex, changing regulatory demands, Vinson & Elkins provides a one-stop shop, working across practice groups and utilizing lawyers in the firm’s offices in the United States, Europe, Asia, and the Middle East to provide a practical, business-oriented approach that mirrors the operational perspective of our clients. This approach also enables us to help multinational corporations, private equity funds and their portfolios, and individuals remain keenly aware of the prohibitions and requirements of the FCPA, the UKBA, and other anti-corruption laws and sanctions.

V&E’s global anti-corruption lawyers have been representing clients in all aspects of the compliance process since the FCPA was enacted. In addition to negotiating with the DOJ, the SEC, and the UK’s Serious Fraud Office (SFO), we routinely advise senior management, accounting professionals, and board members on best practices for addressing real-world compliance issues, helping to identify red flags and resolve potential problems before they arise. Our team supports clients in the development of anti-corruption policies and training programs, and provides updates on significant legal developments that may impact business procedures or operations. We also advise on the structuring and negotiation of commercial agreements that minimize regulatory risk, draft due diligence procedures, and conduct due diligence reviews of foreign business partners and third-party representatives, including agents and consultants.

We regularly conduct internal investigations and, where appropriate, advise on disclosing issues to the DOJ, the SEC, and the SFO. Our lawyers also help clients respond to and defend against investigations pursued by these enforcement agencies and represent companies against shareholder litigation brought in connection with enforcement settlements. V&E’s leadership in this area is the result of years of experience representing the world’s most sophisticated global companies. With a team of anti-corruption lawyers that includes a former DOJ Deputy Attorney General, several former DOJ prosecutors, and former in-house counsels, we provide practical advice informed by experience on all sides of the issues.

Experience Highlights

  • Represented publicly traded company in criminal investigations by the Department of Justice and foreign regulators involving allegations of Foreign Corrupt Practices Act violations.

  • Conducted internal investigation and successfully obtained a declination and closure of a criminal investigation for a multinational private equity fund in connection with a U.S. Department of Justice investigation into alleged violations of the Foreign Corrupt Practices Act in Brazil

  • Successfully represented multiple executives and obtained closure of criminal investigation and avoided charges in connection with a corporate resolution of an FCPA investigation into foreign bribery in Latin America with the U.S. Department of Justice and the Securities and Exchange Commission

  • Represented a publicly traded financial services and infrastructure company in connection with ongoing FCPA investigations in Latin America by the U.S. Department of Justice and the Securities and Exchange Commission

  • Represented Mexican state-owned oil company in DOJ/EDNY FCPA investigation arising out of the Brazilian corruption scandals

  • Representing multinational pharmaceutical company senior executive in FCPA investigation stemming from allegations of bribery and corruption in Greece

  • Representing four senior executives of Chinese state-owned construction company in DOJ/EDNY FCPA investigation

  • Represented an energy company in an internal investigation into potential violations of the FCPA in connection with the beginning of a multi-well offshore drilling program off the coast of Namibia

  • Represented the audit committee of a public company in DOJ and SEC investigations concerning alleged FCPA violations in West Africa and the Middle East and provided counsel to the company regarding its compliance program

  • Counselled a multi-national oil services company on FCPA and anti-corruption compliance programs, as well as compliance issues related to international expansion 

  • Representing a Silicon Valley-based technology company in internal and governmental investigations both domestically and in Asia

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