Foreign Corrupt Practices Act & Anti-Corruption

Bribery has been a customary and expected part of business transactions in some cultures for centuries. Companies that do business internationally should be aware of the constant pressure on their international employees and agents to make improper payments, and take proactive measures to prevent them from occurring. Such measures are important now more than ever, since recent prosecutions and pronouncements from high-ranking officials make it clear that Foreign Corrupt Practices Act (FCPA) and anti-corruption enforcement under other statutes and treaties—such as the Organisation for Economic Co-operation and Development (OECD) Convention, anti-kickback laws and commercial bribery statutes—has become a top priority for the United States Department of Justice.

The attorneys in Fredrikson’s white collar, corporate, and international practice groups provide a wide range of FCPA and anti-corruption related legal services. We work with general counsel and compliance officers to prepare anti-corruption compliance programs, counsel clients about structuring international business transactions to minimize FCPA risks, investigate internal reports of alleged violations, and represent our clients in administrative and criminal proceedings when corruption allegations arise. We provide comprehensive guidance and can assist with the entire spectrum of anti-corruption related legal needs, including:

• Conducting internal investigations in response to reports of alleged violations of company policy or the law
• Representing clients in corruption investigations launched by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ)
• Defending clients in criminal and civil litigation involving alleged violations of the FCPA and other anti-corruption laws such as the Travel Act, the Medicare Anti-Kickback Statute, the Mail Fraud Statute and state commercial bribery statutes
• Conducting anti-corruption due diligence in connection with corporate mergers and acquisitions
• Conducting anti-corruption due diligence in connection with third-party relationships and transactions
• Consulting with clients about structuring transactions to reduce corruption risks
• Performing corruption risk assessments and evaluating current processes
• Preparing third party contract templates that include anti-corruption requirements
• Preparing comprehensive anti-corruption compliance and internal audit programs/policies that are customized to our clients’ risk management needs while minimizing disruptions to standard operations
• Providing on-going maintenance and advice on existing compliance programs as clients adjust and expand their operations
• Conducting FCPA and anti-corruption compliance training programs

Representative Cases

• Conducted an in-depth investigation into allegations that a medical device company gave kickbacks to physicians at public hospitals in China, and advised the company about disclosures to the Department of Justice.

• Represented a large public company in connection with a Department of Justice investigation into its acquisition of a military products business involved in a major government sting operation.

• Represented a medical device company in its internal investigation of charitable contributions to hospitals in Japan.

• Represented a professional services firm in an internal investigation of alleged improper payments to tax officials in India.

• Conducted an internal investigation for an agricultural products business into a distributor’s payments related to exports to China.

• Represented a medical device company in its internal investigation of alleged Medicare anti-kickback violations.

• Represented a small Minnesota business in its investigation of employee expenses in Saudi Arabia and other countries.

• Conducted anti-corruption acquisition due diligence for a Fortune 500 company in connection with numerous acquisitions involving global businesses.

• Conducted anti-corruption acquisition due diligence for a Minnesota 100 biotechnologies company.

• Advised a small medical device company in responding to FCPA-related due diligence requests from an acquirer.

• Conducted risk assessments and advised numerous companies on the development of anti-corruption compliance programs and policies in a variety of industries including: telecommunications, energy, medical device, restaurant franchising, industrial equipment manufacturing, mining and construction, agricultural products, and others.

• Conducted numerous anti-corruption trainings for small to very large companies in a variety of industries throughout the United States and globally.

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