Foreign Practices And Internal Investigations Defense Attorneys
Governments all over the world are increasing the number of resources utilized in investigating and prosecuting bribery and other corrupt practices involving foreign officers and government officials. In the United States, the Foreign Corrupt Practices Act (FCPA) holds corporations responsible for acts of bribery and covering up such acts, and the number of companies charged with such offenses globally has risen steadily in recent years. This increased prosecution poses immense danger to individuals and corporations; without an effective defense, being charged with corrupt practices derails careers, costs companies millions of dollars and destroys positive reputations — even if a conviction never occurs.
Powerful Defense Representation For Individuals And Entities
The foreign practices and internal investigations defense attorneys at Kaplan Marino — located in Beverly Hills, California, and serving clients nationwide and globally — represent clients in FCPA and other anti-bribery investigations and prosecutions that are initiated by the Securities and Exchange Commission (SEC), the Department of Justice (DOJ) and other foreign investigative agencies. We are well-versed in all aspects of these cases, including issues related to:
- United States Travel Act anti-bribery provisions
- UK Bribery Act
- Supply chain risk
- Public reputation consequences
- FCPA "Books and Records" provisions
- International business transactions
- Accounting controls
Our lawyers also protect the interests of directors, officers and corporate employees who find themselves the subject of corrupt practices investigations. With more than 45 combined years of experience and a long history of success in complex white-collar criminal matters, we provide the artful defense representation for those facing these charges.
Combating Unfounded Charges Of Bribery
Bribery is the giving of anything of value to a public official with the intent to influence that official's actions. The acceptance of a bribe by a public official is often charged in federal court as fraudulent deprivation of honest services.
To be found guilty of bribery under the FCPA, a corporation or individual must make a payment to a foreign official or influential person to obtain a business advantage. The law also forbids concealment of suspicious events in corporate documents and records. Although these laws are well-intentioned, they are worded so broadly that many customary and wholly legal actions are misconstrued as acts of bribery.
Our ability to assist companies with internal investigations encompasses situations where criminal charges have not yet been filed by a government. Entities often seek out our services when they have determined – from internal means such as employee reporting – that a potential liability may exist. Our team of experienced professionals then conducts a thorough investigation, reviews all available documentation, collects evidence and employee statements, and does anything else necessary and legally prudent to isolate the issue and analyze its causes. We then provide advice about how a company can remedy the issue and how it can prevent such issues or misconduct in the future.
Once a company becomes aware of an FCPA or other corruption investigation, it requires not only experienced defense counsel but also the services of someone who is well-versed in conducting internal investigations. Our attorneys have conducted numerous internal investigations in order to determine precisely what conduct led to the government investigation, and they have facilitated the placement of corporate measures to prevent future violations from occurring. While these investigations may not absolve a company of all liability, they can serve as a mitigating factor that can greatly diminish the ramifications of an FCPA or other bribery or corrupt practice violation.
If an investigation shows that the misconduct was the act of a rogue employee or was limited to a contained area of the company, and if future conduct can be proactively addressed by a compliance program, the company may be able to avoid facing charges. As such, it is imperative to entrust these investigations to our experienced counsel so that you can be confident that all possible sources of liability are adequately examined and a comprehensive compliance program is put in place.