FCPA and Anti-Corruption

Areas of Focus

From FCPA compliance to investigations and enforcement actions, we provide comprehensive counsel and effective defense strategies.

Anti-corruption enforcement is a serious legal risk for global businesses, impacting investments and trade. Led by former federal prosecutors experienced in high-profile corruption and export control prosecutions, Holland & Hart advises on US anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and controls found in the International Traffic in Arms Regulations (ITAR). We deftly manage the interplay of US and non-US corruption controls on client conduct and enforcement action defense in the United States and elsewhere.

Representing some of the world's largest multinational companies in mining, defense services, agribusiness, and renewable energy, we design anti-corruption and anti-bribery compliance programs that minimize violations risks, conduct internal investigations into alleged violations, and advise on voluntary disclosure. Utilizing mitigation and remedial measures, we help clients resolve matters with minimal legal exposure.

As special counsel to public and private companies, we investigate and assess noncompliance allegations and defend them in enforcement actions. Knowing corruption, bribery, and fraud matters often intersect with other legal issues, including anti-money laundering controls, trade sanctions, and export controls, we take a holistic approach so our recommended solutions work across issues, concerns, and jurisdictions.

FCPA and Anti-Corruption Client Results

FCPA Compliance Matters

Examples of FCPA compliance matters include:
- Developed and implemented anti-corruption policies and guidelines for primed U.S. defense contractor operating in Iraq and Afghanistan.
- Developed and implemented anti-corruption program for U.S. high tech company operating in Russia and several other Eastern European countries.
- Developed and implemented an FCPA compliance and training program for one of the world's largest mining companies.
- Drafted an FCPA compliance program for a U.S.-based multinational agribusiness company, developed an FCPA compliance training program for the company's employees in China, and counseled on means of minimizing FCPA compliance risks arising from its joint venture in India.
- Drafted an FCPA compliance policy and provided FCPA compliance training for the executives of a U.S.-based automated welding company's Chinese joint venture.
- Drafted an FCPA compliance policy and provided FCPA compliance training for a U.S.-based forest products company with operations throughout the Pacific Rim, and drafted the company's FCPA-specific international contract provisions.

FCPA Investigative Matters

Examples of FCPA investigative matters include:
- Represented a U.S. entity with regard to alleged FCPA violations involving a multi-million dollar transfer of funds to and from the former Khadafy government in Libya. This matter began as an OFAC investigation that later implicated FCPA concerns, resulting in voluntary disclosures to the DOJ and OFAC, with no resultant government enforcement action taken.
- Represented a U.S. entity regarding the export of ITAR-controlled aircraft parts to the Khadafy government in Libya, as well as the resultant FCPA and U.S. Anti-Boycott Regulations issues. The company voluntarily disclosed suspected violations to multiple federal agencies, including the DOJ, the U.S. Directorate of Defense Trade Controls and the U.S. Department of Commerce, with no resultant government enforcement action taken.
- Represented a U.S. company with regard to an internal investigation of multiple cash payments to several Russian officials in relation to governmental permitting and tax payments.
- Represented publicly-traded U.S. mining company with regard to alleged corruption in China involving precious metals. This representation involved a reassessment of prior investigative work performed by international law and accounting firms.
- Directed the internal investigation of a U.S. company's suspected FCPA violations arising from a third-party sales agent's cash payments to foreign officials in South America.
- Represented several U.S. publicly traded companies with regard to corruption allegations in China, Syria and elsewhere.