Foreign Corrupt Practices Act & Global Anti-Corruption

Primary contacts

Kelly A. Moore, Sandra Moser, John J. Pease III, Amy E. Schuh, Eric W. Sitarchuk, Martha B. Stolley, Alison Tanchyk, Rebecca Kelly, Todd Liao, Chris Warren-Smith, G. Jeffrey Boujoukos

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.

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Our Team

Our global team of lawyers have intimate knowledge of and experience with anti-corruption enforcement agencies in jurisdictions around the world. Notably, our team benefits from the experience of a former chief of the DOJ’s Fraud Section, which has exclusive jurisdiction over the FCPA and routinely handles many of the world’s most significant economic crime cases. Our team also includes lawyers who have wide-ranging experience with and knowledge of AML and the agencies that have been increasingly engaged in AML and anti-corruption matters, including the DOJ’s Money Laundering and Asset Recovery Section (MLARS) and its Bank Integrity Unit (BIU) and Kleptocracy Initiatives.

Members of our team are frequent lecturers on FCPA enforcement and international investigations, and our lawyers, some of whom are fellows in the American College of Trial Lawyers, are consistently recognized by high-profile publications such as Chambers, Global Investigations Review, and The Legal 500.

Our Reach

With offices in many of the world’s hot spots, our global team is able to respond efficiently and effectively to FCPA-related issues wherever they may arise. We represent clients before the DOJ and SEC in connection with FCPA investigations; in UK Bribery Act proceedings involving the UK Serious Fraud Office (SFO) and UK Financial Conduct Authority (FCA); and anti-bribery and corruption legal and regulatory proceedings involving global agencies in Asia, the Middle East, Latin America, Russia and the Commonwealth of Independent States, and Africa.

On Latin America-related matters, our team collaborates closely with our Latin American practice, which includes lawyers licensed to practice in the region who have a robust network of key local business, government, and legal contacts to complement our strength.

Our on-the-ground investigations capabilities in the United Kingdom, Asia, and the Middle East include lawyers who manage US-led investigations and provide coordinated approaches to cross-border investigations that meet required scrutiny standards. Our full understanding of local laws and cultural nuances has resulted in our team handling internal investigations in more than 70 countries around the world.

Our Scope

From the world’s largest pharmaceutical and medical device manufacturers to leading banks, financial institutions, and global conglomerates, Morgan Lewis has front-line experience representing companies and individuals from the full spectrum of industries to reduce the risk of corrupt activity. Where investigations do arise, we advise on remedial actions to best position our clients to mitigate exposure, including the following:

Conducting internal anti-corruption investigations
Defending against investigations under the FCPA and other global anti-bribery and corruption laws
Making voluntary disclosures to the DOJ, SEC, and other global authorities
Negotiating corporate resolutions and managing post-resolution reporting and compliance obligations
Developing comprehensive FCPA and global anti-bribery and corruption compliance programs, including through in-depth reviews and evaluations of compliance programs, preparing tailored policies and procedures, and assisting companies in strengthening internal controls
Performing FCPA and global anti-bribery and corruption due diligence in mergers, acquisitions, and proposed joint ventures, and of other third-party business partners
Working with our securities team to restate financial statements because of misconduct allegations
Developing FCPA and global anti-bribery and corruption training programs for employees