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 and international anti-corruption issues.
  • Our team assists clients in developing and implementing compliance programs and in conducting internal investigations throughout the world related to potentially corrupt activities.

The lawyers on Holland & Knight's Foreign Corrupt Practices Act (FCPA) Team have advised U.S. and foreign companies on a wide range of FCPA and anti-corruption related issues arising around the world. 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 FCPA Team has the experience to help U.S. and foreign companies navigate these issues.

Experience

Our experience includes internal investigations related to potentially corrupt activities, defense of government investigations and enforcement actions, developing and implementing compliance programs, conducting risk assessments, conducting due diligence on third-parties and acquisition transactions, providing legal opinions and counseling, conducting training throughout the world and providing real-time practical advice. Our work has touched nearly every industry sector and involved dozens of countries around the world.

Our Team

We have more than 20 experienced attorneys on our global team, including white collar defense counsel, former prosecutors, former U.S. attorneys and assistant U.S. attorneys, former high-ranking federal government officials, former U.S. Securities and Exchange Commission (SEC) enforcement attorneys, and an independent compliance monitor. Our team members have extensive practical experience handling FCPA matters before the Department of Justice (DOJ) and the SEC. Our attorneys are also thought leaders who publish articles and alerts and lecture throughout the world on FCPA and anti-corruption practices and topics.

Our FCPA Team has developed a leading reputation in this arena. Our team members successfully represented the former CEO of a military and law enforcement equipment company accused of trying to bribe Gabonese officials in an undercover FCPA sting operation that led to the largest single prosecution of individuals in the history of FCPA enforcement, resulting in the government dismissing all charges against our client. Another member 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 DOJ to serve as an independent compliance monitor in a major FCPA enforcement case.

Anti-Corruption 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 each company. We assist companies in establishing compliance programs and conducting training for boards of directors, internal audit teams, and officers and/or employees throughout the world. In addition, we assist companies in conducting due diligence on third parties and in pending acquisitions. We also conduct compliance audits of foreign subsidiaries, target entities and third parties.

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

  • being appointed by the DOJ for three years to serve as an independent compliance monitor to oversee the worldwide compliance activities of a U.S. company that pled guilty to violations of the FCPA; as part of the monitorship, our team conducted compliance audits each year in different countries, interviewed approximately 250 employees and sales representatives, and made numerous recommendations to strengthen and enhance the compliance process
  • acted as counsel to a foreign government in a major FCPA criminal investigation
  • acted as worldwide counsel to numerous Fortune 500 companies on a wide range of complex factual situations involving corruption issues
  • drafted numerous compliance programs for U.S. and foreign companies in diverse industries
  • conducted training seminars for U.S. and foreign companies throughout the world, and prepared case studies applicable to the local environment
  • conducted anti-corruption related due diligence on third parties and on pending acquisitions

FCPA 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 throughout the world, including in Bosnia, Brazil, Colombia, Croatia, China, France, Guatemala, Honduras, Hong Kong, India, Indonesia, Iraq, Italy, Japan, Malaysia, Mexico, Nepal, Nigeria, Pakistan, Peru, Poland, Russia, Saudi Arabia, Serbia, Slovenia, South Korea, Spain, Saudi Arabia, Taiwan, Thailand, United Arab Emirates, Vietnam and Yemen.

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

  • represented a large manufacturing company in several global internal investigations regarding the FCPA and subsidiaries in the People's Republic of China, Vietnam, Malaysia and Indonesia after an anonymous whistleblower raised a complaint; during the investigation, we responded to active whistleblower allegations, conducted a comprehensive but targeted review of emails and other documents, conducted dozens of interviews of employees, advised on appropriate remediation and compliance enhancements, and advised senior management and the board with respect to the resolution of the matters
  • represented a global medical company in an internal investigation regarding potential FCPA violations involving improper payments made to government officials by subsidiaries in India and the People's Republic of China; during the investigation, we responded to numerous anonymous whistleblower allegations, advised on appropriate remediation and corrective measures, and advised senior management and the board with respect to the resolution of the case
  • conducted an independent internal investigation and made a voluntary disclosure to the DOJ regarding potential violations of the FCPA on behalf of the Special Committee of the Board of Directors of a U.S. manufacturing company, resulting in a very favorable outcome for the company
  • conducted an independent internal investigation regarding potential violations of the FCPA on behalf of the audit committee of a public company and made a voluntary disclosure before the DOJ and the SEC, resulting in a very favorable outcome for the company
  • represented the former CEO of a military and law enforcement equipment company accused of trying to bribe Gabonese officials in an undercover sting operation that resulted in the largest single prosecution of individuals in the history of FCPA enforcement; we were involved in the matter from our client's arrest to the government's eventual dismissal of all charges
  • represented a former employee of a U.S.-based defense contractor in investigations by the DOJ and SEC into alleged FCPA violations involving the provision of improper gifts and hospitality to Saudi Arabian government officials; we negotiated a favorable settlement with the SEC, and the DOJ did not bring charges
  • conducted an internal investigation on behalf of a medical device manufacturer involving potential FCPA violations with regard to its operations in the Middle East; we recommended appropriate remedial and corrective measures, and advised the board on the disposition of the matter
  • conducted an internal investigation and represented a public company before the DOJ with regard to a grand jury subpoena involving potential corruption-related matters, resulting in the matter being resolved without any enforcement action
  • conducted an independent internal investigation on behalf of the special committee of a public company involving corruption in Latin American countries and represented the special committee before the DOJ and the SEC, resulting in a favorable outcome for the company
  • conducted an internal investigation on behalf of a U.S. company with regard to corruption-related activities by its subsidiaries in Slovenia, Croatia, Serbia, Bosnia and the Republic of Srpska; we recommended appropriate remedial and corrective measures, and advised the board with respect to the disposition of the matter
  • represented a U.S. company in a major corruption scandal and investigation by the Philippine government related to a very large infrastructure project. The matter was successfully resolved
  • conducted an independent internal investigation on behalf of the audit committee of a U.S. chemical company involving bribery of foreign officials, commercial bribery and violation 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; we recommended appropriate remedial and corrective actions and advised the audit committee with respect to the disposition of the matter
  • conducted an internal investigation on behalf of a U.S. company involving corruption-related activities arising from the sale of medical products in India; we recommended appropriate remediation and compliance enhancements, and advised senior management and the board regarding the disposition of the matter
  • conducted an internal investigation on behalf of a U.S. medical equipment manufacturer arising from potential corruption activities in the People's Republic of China, Hong Kong and Taiwan; we recommended appropriate remediation and compliance enhancements, and advised the board and management regarding the disposition of the matter
  • represented a U.S. company in an internal investigation involving corruption activities arising from the conduct of its distributor in Pakistan; we recommended appropriate remediation and compliance enhancements, and advised management regarding the disposition of the matter
  • conducted an independent internal investigation on behalf of a U.S. company involving potential corruption activities by a sales agent for the tender and award of a major equipment purchase in Nepal; we recommended appropriate remediation and compliance enhancements, and advised management on the disposition of the matter.
  • conducted an internal investigation on behalf of a U.S. company regarding potential corruption activities in Saudi Arabia; we recommended appropriate remediation and compliance enhancements, and advised the board and management on the disposition of the matter
  • conducted an internal investigation on behalf of a U.S. company regarding potential corruption activities in Italy in a matter that arose from a DOJ inquiry and was resolved without any enforcement action