Foreign Corrupt Practices Act

  • Holland & Knight's Foreign Corrupt Practices Act (FCPA) Team advises U.S. and foreign companies on a wide range of FCPA issues that arise throughout the world on a daily basis.
  • Our team assists clients in developing and implementing compliance programs and in conducting internal investigations related to potential corruption activities.
  • Members of our team have extensive experience in FCPA matters and have lectured throughout the world on FCPA and anti-corruption practices.

The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials for the purpose of obtaining business. In the context of international business transactions, the FCPA can be difficult to navigate and missteps unintentional or otherwise  can be common. Holland & Knight's Foreign Corrupt Practices Act Team has extensive experience representing U.S. and foreign companies in a wide range of FCPA issues.

Industry Leaders

Our FCPA Team has developed a leading reputation in the area. For example, we received an award for our ability to counsel clients on compliance and internal investigations while remaining mindful of their business goals. The chair of our team is a nationally recognized authority who authored "Doing Business Under the Foreign Corrupt Practices Act," a leading textbook on the subject, and was appointed by the Department of Justice to serve as an independent Compliance Monitor in a major FCPA enforcement case. In addition, members of our team lecture throughout the world on FCPA and anti-corruption practices.

Counseling and Compliance

We have vast experience in counseling and advising U.S. and foreign companies of all sizes and in all industries on every type of anti-corruption issue. Our team offers a practical, real world approach that is tailored to the specific issues and needs of your company. We can assist you in establishing compliance programs and can conduct training for your board of directors, officers and employees throughout the world. In addition, we can assist you in conducting due diligence on third parties and in pending acquisitions. We can also conduct internal investigations on potential corruption matters throughout the world.

Following is a summary of our team members' recent experience and activities on counseling and compliance matters:

  • serving as an independent Monitor to oversee the worldwide compliance activities of a U.S. company
  • acting as counsel to a foreign government in a major FCPA criminal investigation
  • acting as worldwide counsel to numerous Fortune 500 companies on a wide range of complex factual situations involving corruption issues
  • preparing numerous legal opinions for U.S. companies on FCPA matters
  • establishing compliance programs for U.S. and foreign companies
  • conducting training seminars for U.S. and foreign companies throughout the world, including internal audit teams
  • preparing case studies for training programs
  • conducting FCPA due diligence on pending acquisitions
  • lecturing worldwide on corruption-related matters
  • advising and establishing compliance programs for foreign companies in the OECD countries to ensure compliance with recently enacted corruption laws implemented pursuant to the OECD Convention on Transnational Bribery

Internal Investigations and Enforcement 

Members of our FCPA Team have extensive experience representing companies in FCPA enforcement and criminal defense matters. We have conducted numerous internal investigations on anti-corruption activities all over the world, including Pakistan, India, Nepal, Russia, Iraq, the People's Republic of China, Hong Kong, Taiwan, Japan, South Korea, Thailand, Indonesia, United Arab Emirates, Yemen, Saudi Arabia, Mexico, Colombia, Brazil, Honduras, Guatemala, Italy, France, Spain, Nigeria, Croatia, Slovenia, Serbia and Bosnia.

Following is a summary of select enforcement matters and internal investigations handled by our team:

  • represented the Special Committee of the Board of Directors of a U.S. manufacturing company in an internal investigation and in a voluntary disclosure before the Department of Justice
  • representing the audit committee of a public company in an internal investigation of corruption in the Middle East and in a voluntary disclosure before the Department of Justice and the Securities and Exchange Commission (SEC)
  • conducted internal investigation on behalf of a medical device manufacturer with regard to its operations in the Middle East
  • representing a public company before the Department of Justice with regard to a grand jury subpoena involving potential corruption-related matters
  • represented a special committee of a public company in an internal investigation of corruption involving Latin America and representation before the Department of Justice and the SEC
  • represented several large public companies in FCPA enforcement investigations and, in each instance, the investigation ended without prosecution
  • represented contractors in enforcement proceedings before the Sanctions Committee of the World Bank
  • represented a U.S. company and its foreign subsidiaries in an internal investigation involving corruption-related activities in Slovenia, Croatia, Serbia, Bosnia and the Republic of Srpska
  • represented a U.S. company in a major corruption scandal and investigation in the Philippines related to a very large infrastructure project
  • represented the audit committee of a U.S. chemical company in an internal investigation involving bribery of foreign officials, commercial bribery and violations of local laws in numerous countries throughout Western and Eastern Europe, as well as Mexico, Colombia, the People's Republic of China, Hong Kong, Taiwan and South Korea
  • represented a U.S. company in an internal investigation involving corruption-related activity at a major infrastructure project in Indonesia
  • represented a U.S. company and its Indian subsidiary in an internal investigation involving corruption-related activities arising from the sale of medical products in India
  • represented a U.S. company and its foreign subsidiaries in internal investigations arising from potential corruption activities in the People's Republic of China, Hong Kong and Taiwan with regard to the sale of certain medical equipment
  • represented a U.S. company in an internal investigation involving corruption activities arising from the conduct of its distributor in Pakistan
  • represented a U.S. company and its foreign subsidiaries in an internal investigation involving potential corruption activities by a sales agent for the tender and award of a major equipment purchase in Nepal
  • represented a U.S. company in an internal investigation regarding potential corruption activities in Saudi Arabia
  • represented a U.S. company in an internal investigation regarding potential corruption activities in Italy
  • represented a U.S. company and its foreign subsidiaries in an internal investigation regarding corruption activities arising from the practice of paying travel and lodging expenses for officials of the People's Republic of China
  • represented a U.S. company and its foreign subsidiary in an internal investigation regarding corruption activities arising from the sale of medical products in Japan