Anti-Corruption Compliance and Defense

Corporate compliance is top-of-mind for companies today. The U.S. Department of Justice and the Securities and Exchange Commission have put businesses on notice that anti-corruption compliance investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) are top priorities.

Barnes & Thornburg’s White Collar Practice Group attorneys are well-equipped to help companies prepare for and defend against government investigations, which often extend beyond allegations of bribery to issues like liability for joint ventures and partnerships; pre-merger due diligence; foreign subsidiary liability; and hiring practices. Foreign jurisdictions, including the United Kingdom, Canada, Mexico, China and Japan are also working to enact, strengthen and bring cases under their own anti-corruption laws and regulations, and knowledge of these laws is now imperative for companies doing business abroad. Simply put, companies that do not work to establish and maintain strong, comprehensive anti-corruption programs that cover all aspects of their business could face significant consequences if and when an investigation arises. Companies that implement and maintain robust anti-corruption compliance policies and programs are far more likely to root out corruption and avoid significant penalties.

Compliance and Counseling

The attorneys on our White Collar team are experienced in all aspects of corporate anti-corruption compliance and counseling, including:

  • Drafting comprehensive policies, certifications and training materials
  • Designing and implementation of compliance programs, including reporting mechanisms
  • Consulting on compliance department structure and function
  • On-site training of management and employees
  • Maintenance of compliance programs, periodic revisions and certifications
  • Pre-transaction due diligence and contract review

We have helped companies in diverse industries, such as automotive, aviation, education, and real estate, craft, maintain and defend tailored compliance programs that meet the standards articulated by the government. We are familiar not just with the FCPA, but also with the U.K. Bribery Act and its similar, yet unique features. Our strategy is to design compliance programs not solely as FCPA programs, but as general anti-corruption programs so they meet the needs of companies that do business worldwide.

In order to advise our clients on ways to keep their compliance programs current and cutting-edge, we spend a significant amount of time studying guidance issued by the government and industry commentary. We are familiar with the procedures for obtaining official opinions on proposed actions with FCPA implications. We keep abreast of the latest trends in anti-corruption enforcement, and we regularly publish news and analysis on FCPA and other anti-bribery laws and regulations in client alerts and in Barnes & Thornburg’s “Government Enforcement Exposed” blog at www.btgovtenforcement.com.

Defense

Our team of former federal prosecutors and regulators is experienced in defending companies and individuals against allegations of bribery, books and records violations, and internal controls violations, and is prepared and ready to defend and litigate where necessary.

When issues arise involving anti-corruption laws and regulations, our attorneys assist companies by conducting internal investigations, interfacing with the government, negotiating resolutions, and, if necessary, defending criminal and civil prosecutions through trial and appeal.