Practice Areas & Industries: Edwards Wildman Palmer LLP

 




Corruption & the Foreign Corrupt Practices Act Return to Practice Areas & Industries

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Edwards Wildman's impressive experience with US law enforcement, combined with the unique anti-corruption experience of our London-based attorneys, enables us to offer unparalleled service to clients facing any corruption-related situation.

Increased Worldwide Focus on Anti-Corruption Efforts
Prosecutors worldwide are increasingly aiming to hold companies and associated individuals liable for their involvement in public corruption involving even low-level employees working far away from the home office. The New York Times recently published an examination of the crackdown on corporations involved in foreign corruption, remarking, "for companies that have not adapted to the new legal landscape, the consequences are becoming more serious." The US Department of Justice and the US Securities and Exchange Commission have significantly ramped up their enforcement of the Foreign Corrupt Practices Act (FCPA). The US Department of Justice now has devoted a team of attorneys and investigators to FCPA investigations, and the US Securities and Exchange Commission has likewise increased its FCPA staffing.

Significant Anti-Corruption Experience
Edwards Wildman has impressive experience and capabilities in assisting corporations and individuals confronting corruption issues in a wide array of contexts. Our offices in the US and in London are uniquely positioned to guide clients through almost any corruption-related issue, whether it be implementing effective training and compliance programs, vetting prospective business partners, conducting challenging multi-national internal investigations, or responding to government inquiries or enforcement actions.

We have extensive experience representing a broad range of companies and individuals dealing with the US Department of Justice and the Securities and Exchange Commission. The Firm has several former Assistant US Attorneys among its partners and is skilled at working with government regulators in both informal and formal investigations.

The Firm also regularly conducts corporate internal investigations, and has performed FCPA investigations for clients around the globe. We have, for example, represented clients in connection with corruption investigations in Australia, China, Japan, Korea, Russia, and Taiwan, as well as in the United States and in most European countries. We also have extensive experience with anti-corruption efforts in Africa. We have significant experience related to anti-corruption efforts in the biotech, manufacturing, medical device, and pharmaceutical industries.

We also have extensive experience in data protection, whistleblower protocols, and privacy compliance duties of companies in different countries arising from corruption inquiries, investigations and remedial compliance actions.

We know how to work with a company’s auditors and have experience overseeing and working with forensic accountants and technologists. Our attorneys are experienced in designing and implementing investigations that meet clients’ needs and satisfy the expectations of government enforcers, while avoiding unnecessary and costly practices. The Firm has efficiently handled the complexities of large investigations involving multiple languages and local customs, including managing various information collection and data transfer obligations.

Finally, as prevention is always the best cure, we also have extensive experience assisting our clients in implementing effective anti-corruption compliance programs that both reduce the likelihood of becoming entangled in public corruption inquiries in the first place, and serve to help show prosecutors how serious our clients take corruption issues should any issues ultimately arise.

Unique Anti-Corruption Capabilities
The Firm’s London office boasts some of Europe's most experienced attorneys in the area of foreign corruption. Our attorneys have assisted corporate clients with implementing meaningful compliance and training programs, carrying out a variety of investigations, and navigating corruption-related litigation issues. The significant language abilities of our attorneys allow the Firm to assist clients with anti-corruption in a variety of jurisdictions, from the US to Europe and beyond. We recently worked with the US Department of Justice in supervising a massive corporate FCPA compliance program that spanned nearly all of Europe.

Our work on behalf of corporations is informed by a unique insight gained from our significant anti-corruption work performed on behalf of numerous foreign governments. We have represented several governments in Africa and Asia in their efforts to trace, freeze and recover bribes and misappropriated public funds from dishonest officials, their companies, trusts and associates. In this context our attorneys have investigated many corruptly obtained contracts, working primarily with local anti corruption commissions and law enforcement officers. We have also advised governments on the drafting and implementation of national legislation to put in place anti corruption and anti money laundering measures.


 
 
Articles Authored by Lawyers at this office:

World Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed
Annie Clarke,Jamie Humphreys,James Maton,Antonio Suarez-Martinez, December 05, 2013
The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...

UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report
Jamie Humphreys,Antonio Suarez-Martinez, November 04, 2013
In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...

Canada’s Revamped Anti-Corruption Legislation Increases the Risk for Companies Doing Business North of the Border
Gregory W. Carey,Stephen G. Huggard, October 16, 2013
Over the past decade, the U.S. government has levied billions of dollars in penalties in connection with enforcement actions involving violations of the U.S. Foreign Corrupt Practices Act (“FCPA”), the very broad U.S. law that criminalizes the payment of bribes by U.S. citizens and...

International Enforcement of English Asset Recovery Judgments
Charlotte Bunn,Chimé Dorjee,James Maton, October 14, 2013
Civil proceedings brought by the state or a state entity are one mechanism to recover the proceeds of corruption, or to claim compensation for corrupt acts. Substantial corruption cases typically are international in scope. The proceeds of a corrupt transaction are often laundered through and to...

Paris Prosecutors Launch Preliminary Corruption Investigation into Syrian President’s Uncle’s Assets
Antonio Suarez-Martinez,Antonio Suarez-Martinez, October 08, 2013
This is not the first time TI France and SHERPA have combined to target the alleged proceeds of corruption. As we reported in June 2013, TI France and SHERPA have previously utilised Article 2 of the French Criminal Procedure Code to request investigations in France concerning the assets of the...

A New Player in Town: Domestic Anti-Bribery Enforcement by China
Kenneth Choy,John Yiu, August 07, 2013
Anti-corruption has in recent years consistently topped the list of hot topics in Asia, with the implementation of the UK’s Bribery Act and the perception of increasingly aggressive enforcement of the Foreign Corrupt Practices Act by the US. The focus to date, however, has largely been on the...