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Anti-Corruption & Foreign Corrupt Practices Act

Anti-Corruption & Foreign Corrupt Practices Act

Our team has unsurpassed experience in counseling and defending U.S. and foreign companies and individuals in matters relating to the U.S. Foreign Corrupt Practices Act and similar anti-corruption laws. We are frequently contacted when a potential corruption issue arises, and are go-to counsel for investigations and enforcement proceedings before the U.S. Department of Justice (DOJ), the Securities & Exchange Commission (SEC) and the Multilateral Development Banks, including the World Bank. In addition, we advise clients considering transactions in high-risk markets or with business partners with high anti-corruption risks. We also counsel clients who are designing compliance programs and in conducting risk assessments.

Publications

FCPA Enforcement and Anti-Corruption Developments: 2020 Year In Review

FCPA Enforcement and Anti-Corruption Developments: 2020 Year In Review

The DOJ and the SEC assessed a record-breaking total in corporate FCPA penalties, and foreign authorities assessed a similar amount. The number of corporate FCPA enforcement actions resolved by the DOJ and the SEC remained comparable to prior years, while the number of individual prosecutions dropped considerably, perhaps due to challenges posed by the pandemic. 

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Publications

Eni S.p.A. Agrees to Resolve FCPA Charges As Controlling Minority Shareholder of Saipem S.p.A.

Eni S.p.A. Agrees to Resolve FCPA Charges As Controlling Minority Shareholder of Saipem S.p.A.

On April 17, 2020, the U.S. Securities and Exchange Commission (“SEC”) announced that it had resolved charges against Eni S.p.A., an Italian headquartered multinational oil and gas company, for violations of the recordkeeping and internal accounting controls provisions of the Foreign Corrupt Practices Act (“FCPA”).

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Publications

FCPA Developments: Q3 2020

FCPA Developments: Q3 2020

Despite COVID-related challenges, FCPA enforcement by the DOJ and the SEC continued at full speed in the third quarter of 2020. Enforcement activity included three corporate resolutions by the DOJ and four resolutions by the SEC, as well as FCPA charges, guilty pleas and sentences concerning nine individuals. 

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Publications

DOJ 2020 Guidance for Evaluating Corporate Compliance Incorporates Feedback From Business and Compliance Communities

DOJ 2020 Guidance for Evaluating Corporate Compliance Incorporates Feedback From Business and Compliance Communities

The DOJ’s Criminal Division released updated guidance regarding the manner in which prosecutors evaluate the effectiveness of corporate compliance programs. The guidance makes clear that companies should continuously update their programs; broadens the focus of third-party risk management; and underscores the importance of post-acquisition due diligence and compliance integration.

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Client News

Paul, Weiss Successfully Resolves FCPA Investigation for Westport Fuel Systems

Paul, Weiss Successfully Resolves FCPA Investigation for Westport Fuel Systems

Paul, Weiss represented Westport Fuel Systems, Inc. in its settlement with the SEC in a matter alleging violations of the Foreign Corrupt Practices Act in connection with a transaction involving Westport’s Chinese joint venture.

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Firm News

Jeannie Rhee Joins Paul, Weiss From the Mueller Special Counsel's Office

Jeannie Rhee Joins Paul, Weiss From the Mueller Special Counsel's Office

Jeannie Rhee, a former U.S. Deputy Assistant Attorney General, is joining the firm as a partner in the Litigation Department.

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Publications

FCPA Enforcement and Anti-Corruption Developments: 2019 Mid-Year Review

Robust FCPA enforcement activity continued in the first half of 2019. The DOJ and the SEC—resolving four and five corporate enforcement actions, respectively—assessed a combined total of $1.5 billion in corporate penalties, of which $1.1 billion was assessed by the DOJ and $421 million by the SEC.

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Firm News

Former U.S. Attorney General Loretta Lynch Joins Paul, Weiss

Former U.S. Attorney General Loretta Lynch Joins Paul, Weiss

Loretta Lynch, the Attorney General of the United States from 2015 to 2017, has joined the firm as a partner in the Litigation Department.

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Publications

DOJ Issues New Policy on Coordination of Corporate Penalties to Address “Piling On”

Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate resolution penalties in cases involving penalties imposed by more than one regulator or law enforcement authority.

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Videos

How Regulators Are Assessing Corporate Compliance Programs

How Regulators Are Assessing Corporate Compliance Programs

What makes an effective corporate compliance program? And how do regulators evaluate them? The U.S. Department of Justice recently issued guidance on evaluating the effectiveness of corporate compliance programs in criminal investigations.

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Client News

JPMorgan Settles Referral Hiring Investigations

Paul, Weiss represented JPMorgan in connection with its recent resolutions with the U.S. Department of Justice, the Securities and Exchange Commission and the Federal Reserve relating to investigations of JPMorgan's hiring candidates referred by clients, potential clients and government officials in the Asia-Pacific region.

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Firm News

Paul, Weiss Adds Experienced Compliance Counsel to FCPA Practice

Paul, Weiss, Rifkind, Wharton & Garrison LLP announced today that Peter Jaffe has joined the firm as counsel in its Washington, D.C. office, expanding the firm's deep bench of skilled United States Foreign Corrupt Practices Act (FCPA) practitioners and its global anti-corruption capabilities.

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