Kelley Drye provides comprehensive FCPA services. Utilizing the combined resources of our White Collar Crime and International Trade practice groups, we conduct risk assessments and design and review compliance programs and internal control systems to preclude and detect potential violations. We conduct FCPA due diligence for proposed mergers and acquisitions. Additionally, we assist in training company personnel overseas and evaluate proposed business transactions and activities for compliance with the FCPA. When necessary, we undertake single issue and comprehensive internal investigations and make recommendations regarding whether and when a voluntary disclosure to the government is appropriate. In the event of an enforcement investigation, we represent companies and individuals in proceedings brought by the DOJ, individual U.S. Attorneys' Offices, and the SEC to defend against and resolve allegations of wrongdoing.
Representative Experience
- Conducted an intensive multi-country internal investigation for a major oilfield equipment company, including extensive document review, interviews and legal analysis. Subsequently, we represented this company in the SEC/DOJ settlement of Iraq Oil-for-Food payments alleged to be in violation of FCPA anti-bribery and accounting provisions. We also settled Oil-for-Food payment charges brought in the Netherlands in conjunction with local counsel.
- Counseled and conducted an internal investigation for a major U.S. tobacco company regarding several FCPA matters. As part of this engagement, we conducted multiple training sessions and established an FCPA compliance system for the company.
- Trained and counseled the U.S. Valve Manufacturers' Association of America and Hydraulic Institute (U.S. pump manufacturers' association) regarding FCPA matters. As part of this engagement, we conducted FCPA training and coordinated best practices approaches for industry members.
- Provided FCPA compliance training in India to U.S. companies doing business there.
- Advised multiple large companies regarding foreign subsidiary and foreign intermediary liability issues under the FCPA.
- Represented a European joint venture in an internal investigation of possible violations of the FCPA and money laundering statutes. The investigation was conducted in 30 jurisdictions, including the United States, Europe, Africa and Asia, and required compliance with the data protection laws of several European countries.
- Represented a French joint venture partner in connection with simultaneous administrative and criminal proceedings in France and the United States involving possible violations of the FCPA and French laws prohibiting bribery and money laundering.
- Assisted a leading manufacturer of telecommunications equipment in an investigation of possible FCPA violations involving construction contracts in the Middle East.
- Counseled numerous publicly traded companies regarding FCPA due diligence in proposed mergers and acquisitions.
- Conducted internal corporate investigations regarding payments to government officials in Asia and Europe.
- Represented companies in SEC investigations concerning compliance with records and bookkeeping provisions of FCPA.
