Bribery has been a customary and expected part of business transactions in some cultures for centuries. Companies that do business internationally should be aware of the constant pressure on their international employees and agents to make improper payments, and take proactive measures to prevent them from occurring. Such measures are important now more than ever, since recent prosecutions and pronouncements from high-ranking officials make it clear that Foreign Corrupt Practices Act (FCPA) and anti-corruption enforcement under other statutes and treaties—such as the OECD Convention, anti-kickback laws, and commercial bribery statutes—has become a top priority for the United States Department of Justice.
The attorneys in Fredrikson & Byron’s white collar, corporate, and international practice groups can provide a wide range of FCPA and anti-corruption related legal services. We work with general counsel and compliance officers to prepare anti-corruption compliance programs, counsel clients about structuring international business transactions to minimize FCPA risks, investigate internal reports of alleged violations, and represent our clients in administrative and criminal proceedings when corruption allegations arise. We provide comprehensive guidance and can assist you with the entire spectrum of anti-corruption related legal needs, including:
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Conducting internal investigations in response to reports of alleged violations of company policy or the law
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Representing clients in corruption investigations launched by the SEC and the DOJ
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Defending clients in criminal and civil litigation involving alleged violations of the FCPA and other anti-corruption laws such as the Travel Act, the Medicare Anti-Kickback Statute, the Mail Fraud Statute, and state commercial bribery statutes
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Conducting anti-corruption due diligence in connection with corporate mergers & acquisitions
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Conducting anti-corruption due diligence in connection with third-party relationships and transactions
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Consulting with our clients about structuring transactions to reduce corruption risks
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Performing corruption risk assessments and evaluating current processes
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Preparing third party contract templates that include anti-corruption requirements
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Preparing comprehensive anti-corruption compliance and internal audit programs/policies that are customized to our clients’ risk management needs while minimizing disruptions to standard operations
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Providing on-going maintenance and advice on existing compliance programs as our clients adjust and expand their operations
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Conducting FCPA and anti-corruption compliance training programs
