Understanding the New DOJ Guidance: Part 1 – Tone at the Top
We are a market leader in FCPA and anti-corruption representation. We counsel our clients in the detection and prevention of FCPA violations and achieve positive results in the face of anti-corruption enforcement by governments and multi-lateral development banks. Our team has extensive knowledge and experience in all aspects of FCPA and anti-corruption investigation, enforcement, trial, compliance and monitoring.
We bring unique experience to both government enforcement and compliance matters. Our team draws strength from every side of the table: as defense lawyers, prosecutors and in-house counsel. Our team includes three former members of the DOJ’s Fraud Section, the DOJ section with primary responsibility for FCPA investigations and prosecutions, including both a former Assistant Chief of FCPA enforcement and one of the few prosecutors to successfully bring an FCPA case to trial. Our team includes lawyers who have decades of experience providing direct representation and crisis management advice to clients confronting the most complicated, bet-the-company white collar investigations and prosecutions; lawyers having relevant, recent experience working for the Department of Justice as federal prosecutors, including two presidentially appointed U.S. Attorneys. Our team also includes former senior Justice Department officials and others who served as Assistant U.S. Attorneys, and lawyers with a depth of experience in developing, investigating and managing compliance programs.
We have extensive experience developing and enhancing compliance programs, conducting risk assessments and developing effective financial controls to detect and prevent corruption. In addition to creating, enhancing and implementing anti-corruption compliance programs, we have extraordinary experience monitoring and assessing compliance. Our team has been engaged by companies throughout the world to develop compliance programs addressing FCPA-related risk and has been engaged by those companies and many others to investigate compliance related issues. A member of our team has been selected twice by the DOJ and SEC to serve as an FCPA compliance monitor. Moreover, another member of our team served for more than five years as Co-General Counsel and Chief Compliance Officer of one of the world’s largest multinational oilfield service companies, while the company was in the midst of an FCPA and Sanctioned Country investigation. He aided the company in establishing what is widely recognized as a best-in-class compliance program.
Over the past 10 years, the U.S. government and governments around the world have committed tremendous resources to investigating and prosecuting alleged corruption. Our lawyers have extensive experience with the DOJ and SEC, having represented many companies and individuals in front of those agencies for years. Our success in these matters is perhaps exemplified by our ability to obtain declinations for companies in different industries despite long, contentious government investigations. Our attorneys also have valuable experience with the U.K. Serious Fraud Office and other regulators around the world.
In addition to government prosecutions, the world’s major multilateral development banks (MDBs), such as the World Bank, have increased their focus on corruption in recent years. Our attorneys are handling multiple matters in front of the MDBs, which present their own unique procedures and challenges. We guide our clients through these investigations and advocate on behalf of our clients throughout all phases of the sanctions process.
Each year, we handle many internal investigations concerning possible corruption. We pride ourselves on bringing a measured approach to these engagements by handling them in a cost-conscious and efficient manner. We utilize our global platform to bring requisite cultural and language skills to the investigations we perform all over the globe. We recognize that most investigations are not "bet the company" matters, and we treat them accordingly. When the rare enterprise-risk matter does arise, we are able to bring the appropriate resources to bear.