Anti-corruption enforcement is a key legal risk in global business, impacting all aspects of investment and trade flows.

Regulators in virtually all developed markets appreciate the materially negative impact of corruption. It is now tied to national, regional and international instability, making enforcement a priority and a compliance risk regardless of the market, product or industry. This has been reflected in increased enforcement by U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC), as well as their counterparts throughout the world. This increased enforcement reflects the reality that corrupt payments fuel instability and impact national security. One result has been multi-national cooperation with greater flow of information and greater investigative efficiency. Accordingly, the corruption risks facing companies engaged in cross-border trade have never been higher.

Holland & Hart’s Anti-Corruption Practice handles a broad range of complex matters for clients whose operations and investment activities expose them to corruption risks around the world.

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Foreign Corrupt Practices Act and Anti-Corruption Client Results

FCPA Compliance Matters
  • Examples of FCPA compliance matters include:

    • Developed and implemented anti-corruption policies and guidelines for primed U.S. defense contractor operating in Iraq and Afghanistan.
    • Developed and implemented anti-corruption program for U.S. high tech company operating in Russia and several other Eastern European countries.
    • Developed and implemented an FCPA compliance and training program for one of the world's largest mining companies.
    • Drafted an FCPA compliance program for a U.S.-based multinational agribusiness company, developed an FCPA compliance training program for the company's employees in China, and counseled on means of minimizing FCPA compliance risks arising from its joint venture in India.
    • Drafted an FCPA compliance policy and provided FCPA compliance training for the executives of a U.S.-based automated welding company's Chinese joint venture.
    • Drafted an FCPA compliance policy and provided FCPA compliance training for a U.S.-based forest products company with operations throughout the Pacific Rim, and drafted the company's FCPA-specific international contract provisions.
FCPA Investigative Matters
  • Examples of FCPA investigative matters include:

    • Represented a U.S. entity with regard to alleged FCPA violations involving a multi-million dollar transfer of funds to and from the former Khadafy government in Libya. This matter began as an OFAC investigation that later implicated FCPA concerns, resulting in voluntary disclosures to the DOJ and OFAC, with no resultant government enforcement action taken.
    • Represented a U.S. entity regarding the export of ITAR-controlled aircraft parts to the Khadafy government in Libya, as well as the resultant FCPA and U.S. Anti-Boycott Regulations issues. The company voluntarily disclosed suspected violations to multiple federal agencies, including the DOJ, the U.S. Directorate of Defense Trade Controls and the U.S. Department of Commerce, with no resultant government enforcement action taken.
    • Represented a U.S. company with regard to an internal investigation of multiple cash payments to several Russian officials in relation to governmental permitting and tax payments.
    • Represented publicly-traded U.S. mining company with regard to alleged corruption in China involving precious metals. This representation involved a reassessment of prior investigative work performed by international law and accounting firms.
    • Directed the internal investigation of a U.S. company's suspected FCPA violations arising from a third-party sales agent's cash payments to foreign officials in South America.
    • Represented several U.S. publicly traded companies with regard to corruption allegations in China, Syria and elsewhere.
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