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As companies expand into new markets in an increasingly global economy, regulators in many countries are vigorously enforcing laws against improper payments to government officials and other corrupt activities.  Bryan Cave has a team of lawyers who are well-versed in this area.

Why turn to Bryan Cave for help with global anti-corruption compliance and investigations?

  • We have broad and deep experience, including among our professionals former government officials who know the landscape from all perspectives.  We have a team of multilingual professionals situated around the world.
  • We know the customary practices in emerging markets with which international companies must contend, and we are adept at applying that context to the situation at hand.
  • We understand business and use that knowledge to design workable compliance programs, to conduct efficient and effective internal investigations and to defend governmental investigations with vigor.

In the United States, the Department of Justice (DOJ) has invigorated its anti-corruption group.  The Securities and Exchange Commission (SEC) has established a special unit within its Division of Enforcement to investigate potential violations of the Foreign Corrupt Practices Act (FCPA).  The United Kingdom has implemented a more robust anti-corruption statute, the UK Bribery Act, and is increasing its anti-corruption enforcement.  Other regulatory authorities also have placed higher priority on enforcing anti-corruption statutes.  All of these efforts raise the prospect of significant monetary penalties, prison terms for individuals and extraordinary reputational damage.

Bryan Cave is positioned to help with both compliance and investigative aspects of anti-corruption issues.  Bryan Cave’s 25 offices around the world are staffed by professionals with international experience and deep ties to the local and regional business communities.  Our International Trade Group has long counseled clients on compliance with statutes and regulations governing exports, imports, international finance, overseas investments and the general conduct of businesses in foreign jurisdictions, including emerging markets such as China, Brazil, Russia and India.  We understand local custom and practice and the broader context of international anti-corruption laws. Our global footprint allows us to be a true partner to companies as they look to expand in international markets.

Bryan Cave also has deep experience assisting companies that become aware of possible violations of anti-corruption laws or that find themselves subject to “whistleblower” complaints or governmental investigations.  Attorneys in our White Collar Defense & Investigations, Securities Litigation & Enforcement and International Trade Groups have conducted and defended numerous internal investigations, have assisted clients in assessing whether to “self-report” the results of those investigations to the authorities and have represented clients vigorously in government investigations.

Our teams that advise on the design and implementation of anti-corruption programs are composed of professionals who have held ranking positions at relevant agencies, including former prosecutors who understand how various aspects of an anti-corruption program would be received by the DOJ, SEC, UK Serious Fraud Office and other authorities.  We are able to help implement anti-corruption compliance programs that reflect and incorporate cultural nuances while making business sense for our clients.  Similarly, our teams that conduct and defend internal and governmental investigations include former government officials and other professionals who understand and can explain to prosecutors the complex business issues that provide critical context for the events under review.

Examples of our work in this area include:

  • Counseling various multinational companies concerning the new UK Bribery Act and reviewing and revising written anti-corruption materials.
  • Conducting several internal investigations of alleged bribery in connection with activities in China and counseling clients concerning reports to the DOJ and the SEC.
  • Acting as independent monitor for an international financial organization, monitoring and reporting on the adequacy of anti-corruption policies, procedures and compliance measures of a multinational group of companies.
  • Representing an employee of a UK company in an internal investigation relating to a DOJ FCPA investigation of a US subsidiary.
  • Representing a hedge fund on anti-corruption issues arising from investments in Africa, Asia, Europe and the Middle East.
  • Representing companies with respect to FCPA investigations relating to activities in Latin America.
  • Counseling various multinational companies on anti-corruption issues, including questions concerning travel and gifts presented to foreign governmental officials and the conduct of foreign licensees, agents and vendors.
  • Organizing a coalition of companies to respond to the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
  • Conducting an investigation of alleged financial malfeasance and payments to corrupt public officials on behalf of a Special Committee of the Board of Directors of a public company in the automotive industry.  Reported the results to the SEC, which declined to pursue the matter.
  • Conducting internal investigations of proposed consultant and investment relationships for a major U.S. company to determine whether proposed relationships conformed to company policy and the Foreign Corrupt Practices Act.
  • Providing US and EU/UK anti-corruption training for European business managers of a multinational company.
  • Conducting M&A anti-corruption due diligence in connection with cross-border transactions for several multinational companies.

Please contact any of the Bryan Cave Global Anti-Corruption professionals for further information.