The Foreign Corrupt Practices Act

Understanding the Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act (FCPA) is a powerful federal law that prohibits U.S. individuals, businesses, and foreign entities listed on U.S. stock exchanges from engaging in bribery of foreign officials to gain a business advantage. Enforced by both the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), the FCPA is a key tool in the U.S. government’s fight against global corruption.

The FCPA is divided into two main provisions:

Anti-Bribery Provisions: Prohibit offering, promising, or providing anything of value to foreign officials to influence their actions or secure a business advantage.
Accounting Provisions: Require publicly traded companies to maintain accurate books and records and establish internal controls to prevent improper payments.

FCPA violations can arise in a variety of contexts, including:

International Business Transactions: Payments to foreign officials, agents, or intermediaries to secure contracts.
Third-Party Agents: Bribes paid through foreign partners, consultants, or distributors.
Travel and Hospitality Expenses: Lavish gifts, entertainment, or travel provided to foreign officials as a means of influence.
False Documentation: Misrepresentation of payments in financial records to conceal improper transactions.
Joint Ventures and Mergers: Liability for FCPA violations by foreign subsidiaries or acquired entities.

Violations of the FCPA can lead to severe consequences, including substantial fines, disgorgement of profits, debarment from government contracts, and even imprisonment for individuals. The DOJ and SEC aggressively pursue FCPA cases, often conducting joint investigations with foreign regulators.

Our Approach to Foreign Corrupt Practices Act Defense: Strategic, Proactive, and Discreet

At A Einhorn Law, we understand that FCPA investigations are complex and high stakes, often involving international transactions, foreign partners, and extensive financial records. Our approach is built on providing a proactive, strategic defense tailored to the specifics of your case.

Early Risk Assessment and Crisis Management: We begin by conducting a thorough review of the allegations, identifying potential violations, and assessing the evidence against you. Early intervention is critical to protecting your rights and controlling the narrative.
Strategic Negotiation with Authorities: We engage directly with the DOJ and SEC, negotiating on your behalf to resolve the matter as favorably as possible. Our goal is to avoid criminal charges, limit financial penalties, and protect your reputation.
Challenging the Elements of Liability: We critically analyze the evidence to challenge the government’s ability to prove key elements of an FCPA violation, including corrupt intent, improper payments, and false records.
Comprehensive Compliance Defense: If you have existing compliance programs, we leverage them to demonstrate good-faith efforts to prevent violations. We also help clients establish or strengthen compliance programs to prevent future issues.
Defending Against Related Charges: FCPA investigations often lead to additional allegations, including wire fraud, money laundering, conspiracy, or obstruction of justice. We are prepared to defend you against any related charges.
Protecting Reputation and Minimizing Exposure: Whenever possible, we work to resolve FCPA matters discreetly, minimizing public exposure and reputational harm.

Whether you are an executive, a compliance officer, a business owner, or a company facing FCPA allegations, we are here to protect your rights and secure the best possible outcome.

Why Choose Us for Foreign Corrupt Practices Act Defense?

When facing FCPA allegations, the right defense can make all the difference. At A Einhorn Law, we offer a unique combination of experience, skill, and personalized representation. Here is what sets us apart:

Elite BigLaw Background: Our firm’s experience includes nearly a decade of handling complex, high-stakes FCPA cases at a top-tier BigLaw firm, including international investigations and cross-border enforcement.
Strategic, Proactive Defense: We do not take a one-size-fits-all approach. Instead, we tailor our defense strategy to the specifics of your case, challenging the evidence and negotiating directly with government authorities.
International Expertise: We are experienced in navigating FCPA matters involving foreign jurisdictions, third-party agents, and complex international business transactions.
Compliance and Risk Management: We understand the importance of compliance, both in defending against allegations and in preventing future violations. We advise clients on effective compliance programs and policies.
Discretion and Reputation Protection: FCPA allegations can damage your business and personal reputation. We prioritize resolving these cases discreetly, minimizing public exposure.
Selective, Client-Focused Representation: Our practice is intentionally selective. We take on fewer cases to ensure that each client receives focused, high-caliber representation.

A Einhorn Law is here to defend your rights, protect your reputation, and secure your future — with the experience, strategy, and dedication that complex Foreign Corrupt Practices Act cases demand.