Anti-Corruption and FCPA

The Foreign Corrupt Practices Act (FCPA) can be difficult to navigate, and missteps – unintentional or otherwise – can be common. Holland & Knight's Anti-Corruption and FCPA Team has vast knowledge and experience helping U.S. and foreign companies navigate these and all related issues.

Our Anti-Corruption and FCPA Team

We have more than 30 attorneys on our global team, including white collar defense counsel, 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, former state prosecutors and an independent compliance monitor. Our team has extensive, real-world experience handling FCPA matters before the U.S. Department of Justice (DOJ) and the SEC. Our attorneys are also thought leaders who publish articles, alerts and lecture throughout the world on anti-corruption and FCPA topics. One of our team leaders is a nationally recognized authority who authored Doing Business Under the Foreign Corrupt Practices Act, a leading textbook on the subject.

Global Experience in Anti-Corruption and FCPA Matters

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 anti-corruption trainings throughout the world and providing real-time practical advice. Our work has touched nearly every industry sector in dozens of countries around the world.

Anti-Corruption Counseling and Compliance

Our lawyers have vast experience 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, officers and employees throughout the world. We also conduct compliance audits of foreign subsidiaries, target entities and third parties.

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

• Appointed by the DOJ to a three-year independent compliance monitorship to oversee the worldwide compliance activities of a U.S. company that pled guilty to violations of the FCPA; as part of serving as the monitor, our team conducted compliance audits each year in different countries, interviewed about 250 employees and sales representatives, and made frequent recommendations to strengthen and enhance the compliance process
• Provided risk and compliance counseling to the Brazilian and U.S. divisions of an international financial institution related to potential loans to Brazilian customers
• Prepared a compliance plan for the Nicaraguan subsidiary of a U.S. energy company
• Prepared dozens of compliance and training programs for U.S. and foreign companies in many different industries
• Conducted training seminars for U.S. and foreign companies throughout the world
• Regularly conduct anti-corruption related due diligence on third parties and on pending acquisitions

FCPA Internal Investigations and Representation in Enforcement Actions

Members of our FCPA Team have extensive experience representing companies in FCPA enforcement and criminal defense matters. We have conducted 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.

Examples of recent enforcement matters and internal investigations handled by our team:

Latin America

• Handling a wide-ranging internal investigation of the largest telecom company in a Latin American country regarding alleged illicit political contributions to leading public officials, including that nation's former President
• Conducted an independent internal investigation of a public company involving corruption in Latin American countries and represented the company before the DOJ and the SEC, resulting in a favorable outcome
• Conducted an internal investigation of a telecommunications company involving potential corruption in several Central American countries and a Middle Eastern country, resulting in a voluntary disclosure to the DOJ and a favorable resolution of the matter
• Conducted an internal investigation of a U.S. manufacturing company involving potential corruption in South America, Eastern Europe and Russia, and several countries in Asia and the Middle East, resulting in a voluntary disclosure to the DOJ and a favorable resolution of the matter
• Conducted an internal investigation involving possible corruption by the Peruvian subsidiary of an American IT products distributor as part of a merger and acquisitions due diligence

Asia

• Represented a large manufacturing company in several global internal investigations regarding the FCPA and subsidiaries in China, Vietnam, Malaysia and Indonesia after an anonymous whistleblower raised a complaint; 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 involving improper payments made to government officials by subsidiaries in India, Japan and China; during the investigation, responded to numerous anonymous whistleblower allegations, advised on appropriate remediation and corrective measures, and advised senior management and the board
• Represented a U.S. company in a major corruption scandal and investigation by the Philippines related to a very large infrastructure project; the matter was successfully resolved
• Conducted an internal investigation on behalf of a U.S. company involving corruption-related activities arising from the sale of medical products in India; recommended appropriate remediation and compliance enhancements, and advised senior management and the board 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

Africa/Middle East

• Conducted an internal investigation of a public company regarding potential violations of the FCPA in several Middle Eastern countries; 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; the government dismissed 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; negotiated a favorable settlement with the SEC, and the DOJ did not file charges
• Conducted an internal investigation on behalf of a medical device manufacturer involving potential corruption regarding its Middle East operations; recommended appropriate remedial and corrective measures, and advised the board on the disposition of the matter
• Conducted an internal investigation of a U.S. company regarding potential corrupt activities in Saudi Arabia; recommended appropriate remediation and compliance enhancements, and advised the board and management on the disposition of the matter

Europe

• 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; recommended appropriate remedial and corrective measures, and advised the board with respect to the disposition of the matter
• Conducted an independent internal investigation 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 and Mexico, Colombia, China, Hong Kong, Taiwan and South Korea; recommended appropriate remedial and corrective actions and advised the company with respect to the disposition of the matter
• Conducted an internal investigation on behalf of a U.S. company regarding potential corrupt activities in Italy in a matter that arose from a DOJ inquiry and was resolved without any enforcement action