Morrison & Foerster has extensive experience in a broad range of issues involving the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws around the world. MoFo’s FCPA and Global Anti-Corruption practice brings deep insight into this complex area of the law. We believe in a practical and risk-based approach, one that is tailored to the company and the issue, so our clients can focus compliance and investigative resources where they are most needed. Our clients routinely seek our guidance in:

  • Undertaking internal investigations
  • Developing and testing compliance programs
  • Mitigating risk in business partner relationships
  • Performing transactional due diligence
  • Conducting risk assessments
  • Defending against enforcement actions in the United States, Germany, China, Japan, Singapore, the UK, and other major jurisdictions

We leverage our global network of resources and experience in the United States, Latin America, Europe/EMEA, and the Asia-Pacific region to ensure seamless geographic coverage for our clients. Our team includes former prosecutors and senior government regulators; White House and FBI counsel; national security, economic sanctions, and privacy specialists; veteran defense lawyers; and local experts on the ground in our offices across the globe. We are the only law firm in the world with two former managers, and three former prosecutors in total, from the U.S. Department of Justice (DOJ), Criminal Division, Fraud Section’s FCPA Unit on board, including: the former deputy chief of the FCPA Unit, who was in charge of all of the DOJ’s FCPA investigations and resolutions in the United States and was one of the principal authors of the widely acclaimed publication A Resource Guide to the U.S. Foreign Corrupt Practices Act; a former assistant chief of the FCPA Unit, who was promoted to senior deputy chief, the Fraud Section’s third-ranking official; and a former DOJ Honors Program attorney responsible for a number of significant FCPA prosecutions. We tailor our resources to address client needs effectively and efficiently, whether that client is a large multinational corporation, an individual business executive, or a board member.

Our FCPA and Global Anti-Corruption team has earned a reputation for the results we deliver to our clients. Both our collective work and that of our individual team members is widely recognized. Notable individual highlights include:

Ethisphere Institute: Six of our lawyers have been named “Attorneys Who Matter,” an honor that recognizes lawyerswho have significantly advanced of corporate compliance and ethics.

Attorney General’s Distinguished Service Award: The U.S. Attorney General presented this prestigious award , the second-highest honor for employee performance, to Charles Duross for his leading role in prosecuting  a member of Congress for violating the FCPA. The Assistant Attorney General also awarded James Koukios this award in recognition of his work as a lead trial attorney in two landmark FCPA-related trials, United States v. Esquenazi and United States v. Duperval.

U.S. Assistant Attorney General’s Exceptional Service Award: Presented to Charles Duross by the U.S. Assistant Attorney General overseeing the Criminal Division, this honor is considered the Criminal Division’s highest award for employee performance. Mr. Duross received this recognition for  his leadership during the OECD Phase 3 of the United States’ FCPA enforcement program. 

Internal Investigations and Government Enforcement Actions

We have extensive experience in conducting corruption-related internal investigations for companies—private and public, large and small—around the world. When issues arise for our clients, we are well positioned to help. Our assistance ranges from working with our clients’ internal teams to handle small investigations to executing major cross-border internal investigations. If clients face government investigations or criminal charges, we have the experience and credibility to help them navigate government scrutiny and contest charges in a courtroom when necessary.

Anti-Corruption Transactional and Third-Party Due Diligence

Whether our clients are entering a new market, engaging a new consultant or distributor, or acquiring a new business, we help them conduct appropriate due diligence to assess and mitigate corruption risks.

Knowing how much due diligence is enough requires real-world experience, considered judgment, and insightful analysis. We have the experience and first-hand knowledge to help our clients design an appropriate due diligence approach for each transaction or third party and to benchmark that approach against industry practices. Critically, our lawyer also know how to assess whether the level of diligence conducted will meet the expectations of regulators and enforcement agencies.

Anti-Corruption Risk Assessment and Compliance Programs

As businesses evolve, their risks evolve. Staying ahead of those risks is critical. This is why regulators and enforcement agencies in the U.S. and around the globe repeatedly underscore the importance of thoughtful and regularly updated risk assessments as an essential component of any compliance program.

We believe, and experience shows, that understanding risks and putting the right compliance programs in place can prevent most anti-corruption problems. Being aware of current and developing risks enables companies to make informed and practical decisions about the policies and procedures they need to have in place and the resources required to implement these effectively.

Assessing evolving risks also makes it possible to take the appropriate approach to effective compliance training, such as targeting the audience, content, frequency, and delivery system. Having a risk-based and appropriately tailored compliance program not only decreases the likelihood that problems will arise but also places companies in the best possible position to detect and remediate issues that do surface. In addition to protecting a company’s reputation, this approach demonstrates to regulators and enforcement agencies that a company takes compliance with the law seriously.

  • Conducting a cross-border internal investigation into potential violations of anti-corruption laws at several European affiliates of one of the largest companies in Asia.
  • Represented a senior executive in an investigation of a retailer’s activities in Mexico in connection with an investigation by the U.S. Department of Justice, the Securities and Exchange Commission, and Mexican authorities into possible violations of the Foreign Corrupt Practices Act. The investigation initially focused on alleged bribes paid in connection with the opening of retail outlets in Mexico, but has expanded to Brazil and other countries.
  • Represented the audit committee of an international fertilizer company in its internal investigation resulting from a whistleblower complaint alleging violations of the FCPA. After we completed the investigation and reported the results to the SEC, the SEC declined to conduct an investigation of its own and closed the file.
  • Represented a U.S.-based multinational public corporation in an internal investigation of whistleblower allegations of violations of the FCPA in China and elsewhere in Asia, with interviews in several countries. Following the conclusion of our investigation and self-reporting, the SEC and DOJ took no action against our client.
  • Represented senior executives of multinational corporations in investigations by the DOJ and the SEC into allegations of illegal payments to government officials in Nigeria, Angola, Kazakhstan, and Thailand.
  • Represented an officer of a large oil services firm in a joint DOJ and SEC investigation relating to payments to government officials in Indonesia and Brazil.
  • Represented a major U.S. medical device developer in an internal investigation involving FCPA and anti-bribery issues in China.
  • Represented employee of an international public company under investigation for violation of the FCPA in connection with activities in Argentina. After testimony, the SEC took no action against the employee.
  • Assisted publicly traded U.S. energy company with anti-corruption due diligence into foreign acquisition target with substantial operations in China, Latin America, and South Asia. Based on results of due diligence, developed anti-corruption compliance program for merged entity and assisted with in-person training of China employees prior to closing.
  • Assisted company with anti-corruption due diligence in connection with acquisition of foreign telecom company with substantial operations in Africa, Latin America, Southeast Asia, and the Middle East. Based on results of due diligence, advised company regarding implementation of post-acquisition compliance program.
  • Represented company with a post- acquisition anti-corruption compliance review of a newly acquired business with operations and significant government touch points in Russia, Eastern Europe, Northern Europe, North Africa, and the Middle East.
  • Represented leading investment fund in conducting pre- acquisition FCPA and anti-corruption due diligence for acquisition of a manufacturing business with significant operations in China, Thailand, Japan, and Mexico; designed and implemented post-closing risk assessment and remediation program.
  • Represented company with significant operations in Asia and Latin America in conducting an anti- corruption risk assessment. Following the risk assessment, assisted with development of global compliance program, including developing policies and training, as well as procedures for screening third parties.
  • Represented a technology company with significant international operations in conducting an anti-corruption risk assessment. Following the risk assessment, assisted the company with updating its policies, procedures, and training plan to reflect learnings from the assessment.
  • Our FCPA and Global Anti-Corruption team has earned a reputation for the results we deliver to our clients. Both our collective work and that of our individual team members is widely recognized. Highlights include:

    Chambers Asia Pacific: Singapore 2019
    Band 1: Corporate Investigations/Anti-Corruption (Daniel P. Levison) “good cerebral lawyer”


    Chambers Asia Pacific: China (International Firms) 2019
    Highly ranked in Corporate Investigations/Anti-Corruption, with Timothy Blakely highly recommended


    Global Investigation Review 2018
    GIR 100: World’s Leading Investigations Practices


    Who’s Who Legal Investigations 2019
    Daniel Levison and Timothy Blakely are listed as leading lawyers

    The publication commented that “Daniel Levison is recognised as a major player in the market, impressing sources with his top-tier work on cross-border investigation and compliance matters, ” and that “Timothy Blakely is a practitioner who peers state ‘stands out in the region’ and is ‘definitely worthy of recognition’ for his excellent work on internal investigations relating to anti-corruption laws.”


    Chambers USA 2018
    National: FCPA
    New York: White-Collar Crime & Government Investigations


    Chambers USA 2017
    National: FCPA
    New York: White-Collar Crime & Government Investigations


    Legal 500 US 2018
    National: Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense


    Legal 500 US 2017
    National: Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense


    Legal 500 UK 2017
    Corporate Crime (including fraud, bribery, and corruption)
    Fraud: Civil
    Fraud: White-Collar Crime


    Global Investigations Review
    GIR 100 2018: World’s Leading Investigations Practice
    GIR 100 2017: World’s Leading Investigations Practice


    Ethisphere Institute
    Six of our attorneys have been named “Attorneys Who Matter,” an honor that recognizes attorneys who have significantly advanced of corporate compliance and ethics.


    Attorney General’s Distinguished Service Award: The U.S. Attorney General presented this prestigious award , the second-highest honor for employee performance, to Charles Duross for his leading role in prosecuting  a member of Congress for violating the FCPA. The Assistant Attorney General also awarded James Koukios this award in recognition of his work as a lead trial attorney in two landmark FCPA-related trials, United States v. Esquenazi and United States v. Duperval.


    U.S. Assistant Attorney General’s Exceptional Service Award: Presented to Charles Duross by the U.S. Assistant Attorney General overseeing the Criminal Division, this honor is considered the Criminal Division’s highest award for employee performance. Mr. Duross received this recognition for  his leadership during the OECD Phase 3 of the United States’ FCPA enforcement program. 

    Chambers Asia-Pacific 2019


    WWL


    GIR


    2018+Chambers+USA+badge


    2018+Top+Ranked+Chambers+MoFo

    “Thriving FCPA practice with a strong bench of attorneys that includes a number of former federal prosecutors and regulatory experts… Handles a broad range of compliance matters including corporate monitorships.” (Chambers USA 2018)


    2018+Legal+500+Leading+500

    “[The firm] is handling the monitorship of Odebrecht following a high-profile and multi-jurisdictional coordinated action taken by U.S., Brazilian and Swiss regulators. The group also represents high-profile individuals in numerous cross-border criminal matters.” (Legal500 US 2018)


    FCPA White Paper
    Download Our
    FCPA White Paper


    The Investigations Review of the Americas 2018
    Read our “Data privacy and transfer in cross-border investigations” chapter first published in GIR’s The Investigations Review of the Americas 2018.


    The Guide to Corporate Crisis Management - First Edition
    Read our “Anti-Corruption in Latin America,” chapter in The Guide to Corporate Crisis Management - First Edition


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