Foreign Corrupt Practices Act & Global Anti-Corruption

Morgan Lewis collaborates with clients around the world and across industries on how best to address the ongoing risks of anti-corruption enforcement that has broadened with increased global coordination. Recent Foreign Corrupt Practices Act (FCPA) and related anti-money laundering (AML) enforcement has resulted in billions of dollars in fines, penalties, disgorgement, and other significant collateral costs to targeted companies. Our team has an extensive background in advising some of the world’s largest global companies on how to avoid anti-corruption risks and navigate investigations. When enforcement actions do occur, our lawyers have the skills to address and defend them effectively and efficiently. Our biggest victories are those no one ever reads about in the media. 

Regulators around the world are signaling that companies can expect even more aggressive enforcement, including prosecution of senior executives who allegedly fail to live up to their control function responsibilities, and our white collar defense lawyers are deeply familiar with the key prosecution authorities that drive anti-corruption enforcement. Our team—which includes veteran defense lawyers and former government lawyers, the former chief of the Fraud Section at the US Department of Justice who oversaw the FCPA prosecution program, a former regional director at the US Securities and Exchange Commission, and numerous former federal prosecutors—aggressively represents our clients’ interests.

From key markets across our platform—Washington, DC, New York, London, Dubai, Beijing, Singapore, Miami, and San Francisco—our lawyers assist with every aspect of FCPA/UK Bribery Act internal investigations, counseling, and response, including reviewing international business activities and analyzing local laws.

Our team has keen insight into best practices for anti-corruption compliance programs and procedures and we assist in conducting internal investigations and providing support for compliance programs facing investigation dockets. We advise on FCPA/UK Bribery Act risk assessments and related AML considerations. Indeed, a hallmark of our practice is counseling on compliance implementation, building global compliance programs, developing codes of conduct and other compliance policies, conducting risk assessments, evaluating and enhancing existing anti-corruption compliance programs, improving internal controls and processes, and conducting employee training.

In that regard, we recognize that each company’s compliance needs are unique and therefore require a tailored approach. Our team—which includes former in-house counsel, including the former chief ethics and compliance officer at a major information technology company responsible for remediation following an FCPA resolution—develops and refines industry-appropriate compliance programs and policies able to withstand the scrutiny of global regulators and law enforcement.