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Foreign Corrupt Practices Act Investigations & Enforcement

When facing allegations of violating the FCPA, multinational companies turn to O’Melveny to conduct internal investigations and mount a vigorous defense.

One of the leading firms worldwide for “sophisticated cross-border government-led and internal investigations”–Global Investigations Review

When facing allegations of violating the FCPA, multinational companies turn to O’Melveny to conduct internal investigations and mount a vigorous defense.

One of the leading firms worldwide for “sophisticated cross-border government-led and internal investigations”–Global Investigations Review

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Companies with operations around the world may find themselves challenged by local business practices that encourage the payment of bribes; and engaging in such conduct can expose the company to liability under the US Foreign Corrupt Practices Act (FCPA). The cost to a company for violating the FCPA can be severe, with significant damage to its reputation as well as criminal and civil penalties. The company’s personnel also face serious consequences, including imprisonment. We help clients—companies and individuals—when they face FCPA investigations by the Department of Justice, Securities and Exchange Commission, or other regulators.

With more than a dozen former Assistant US Attorneys and prominent officials from the DOJ and SEC, O’Melveny brings a wealth of experience and government perspective to conducting internal investigations for clients and to defending enforcement actions involving potential FCPA violations. From the initial phases of an investigation through the compliance and monitorship aspects of corporate resolutions, we leverage our government backgrounds and resources in jurisdictions around the world—including our extensive language skills and understanding of local culture—to customize our approach for any client facing an FCPA inquiry:

Internal Investigations. We work with clients to investigate allegations of FCPA violations and to consider and assist with voluntary disclosures to enforcement agencies.
Government Investigations. We defend corporate and individual clients in DOJ and SEC investigations and assist with responding to subpoenas and civil investigative demands. We facilitate early engagement with prosecutors to refine the scope of the investigation.
Monitorships. We serve as monitors and compliance consultants when required by a settlement or deferred prosecution agreement.
Litigation and trial. We have a long track record of success trying criminal and civil cases to judgment or verdict in federal and state courts.

Represented these select clients in government investigations:

an international mining company in DOJ/SEC investigations concerning its operations in Asia and Africa
a global financial institution in DOJ/SEC investigations concerning hiring practices in Asia
a multinational construction company in an investigation by the DOJ and the US Agency for International Development’s Inspector General for alleged FCPA violations involving large-scale public works contracts in Central America
an employee of a European aerospace conglomerate in a DOJ, SEC and OFAC investigation into alleged violations of the FCPA and export controls
an employee of an international consulting firm’s China branch in a DOJ and SEC investigation into alleged violations of the FCPA
two employees of a British multinational consultancy, engineering and project management company in a DOJ/SEC investigation regarding the company’s use of agents and consultants, including its dealings with Unaoil
a former corporate officer of a Brazilian aerospace conglomerate in a DOJ investigation into alleged violations of the FCPA
a former executive of the Mexican subsidiary of a global retail company in connection with FCPA investigations conducted by the DOJ and SEC
two executives of a Brazilian construction giant in connection with a DOJ investigation into alleged violations of the FCPA

Represented these select clients in internal investigations:

a global technology company in an investigation of the company’s operations in China, Malaysia, Indonesia, Vietnam, South Africa, Kenya, Colombia, Brazil, and India in response to FCPA inquiries from the US government. The investigation concluded favorably, with a declination from the DOJ
the audit committee of a major casino owner in an independent investigation of alleged FCPA violations in China, Hong Kong, and Macau in connection with parallel DOJ/SEC investigations
a US-based semiconductor company in an investigation into alleged FCPA violations in Asia by a whistleblower
a Japanese company in an investigation of potential FCPA violations following press reports of bribery in Venezuela by a company in which the client is a minority shareholder
a leading pharmaceutical company in an investigation into alleged violations of the FCPA, including potential bribery and kickbacks in Mumbai
the audit committee of an international infrastructure company in an investigation into alleged FCPA violations regarding a construction project in Mexico and presentation of findings to the DOJ and SEC