Kelley Drye & Warren LLP

Foreign Corrupt Practices Act (FCPA)

Overview
Experience
People
Honors

Utilizing the combined resources of our White Collar Crime and International Trade practices, we assist clients with matters involving the Foreign Corrupt Practices Act (FCPA) and other international anti-corruption laws.

We conduct risk assessments, and design and review compliance programs and internal control systems to detect―and avoid―potential violations. We train company personnel overseas and evaluate proposed business transactions and activities for compliance. 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.

Our attorneys represent companies and individuals in investigations and enforcement proceedings brought by the Department of Justice, individual U.S. Attorneys’ offices, and the Securities and Exchange Commission.

We also conduct due diligence FCPA compliance reviews as part of the mergers and acquisitions process, and help clients evaluate and minimize successor liability risk.

Represent a former foreign government official and her daughter in ongoing criminal proceedings in federal court, seeking to dismiss an indictment charging FCPA violations and corresponding Thai anti-bribery law violations as predicate acts for international money laundering charges.

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 the FCPA.

Overview

We also conduct due diligence FCPA compliance reviews as part of the mergers and acquisitions process, and help clients evaluate and minimize successor liability risk.

Experience

Represent a former foreign government official and her daughter in ongoing criminal proceedings in federal court, seeking to dismiss an indictment charging FCPA violations and corresponding Thai anti-bribery law violations as predicate acts for international money laundering charges.

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 the FCPA.

People

Honors

ERIC McCLAFFERTY

Partner

Email (202) 342-8841(202) 342-8841

Eric McClafferty’s practice focuses on counseling, compliance programs, internal investigations and enforcement matters related to economic sanctions and denied parties, export controls, the ...

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DAVID E. FRULLA

Partner

Email (202) 342-8648(202) 342-8648

David Frulla practices in the areas of government relations and public policy, campaign finance and political law, litigation and environmental law. A determined advocate, effective negotiato...

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JAIMIE NAWADAY

Partner

Email (212) 808-7695(212) 808-7695

Jaimie Nawaday is chair of the firm’s White Collar, Investigations and Compliance practice group. Jaimie leverages years of public and private sector experience to provide strategic adv...

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ROBERT SLACK

Partner

Email (202) 342-8622(202) 342-8622

Robert Slack focuses his practice on economic sanctions, export controls, and other trade compliance matters. Rob advises clients in a broad array of industries, including the financial, tech...

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JULIAN SOLOTOROVSKY

Partner

Email (312) 857-7083(312) 857-7083

Julian Solotorovsky focuses his practice on litigation, including white collar crime, internal investigations, Securities and Exchange Commission (SEC) matters, commercial litigation and product li...

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SCOTT M. WISE

Senior Associate

Email (202) 342-8528(202) 342-8528

Scott Wise’s practice focuses on advising clients regarding the Committee on Foreign Investment in the United States (CFIUS), export controls, economic sanctions, and customs matters. P...

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