Companies involved in international business face risks resulting from improper payments to foreign government personnel, which are prohibited by laws such as the U.S. Foreign Corrupt Practices Act (FCPA), the U.K.’s recently amended Bribery Act, and similar laws enacted by member states of the Organization for Economic Cooperation and Development (OECD). Some of these laws, including the U.K. Bribery Act, also criminalize corrupt payments in business transactions between private parties.
Enforcement of these laws has increased sharply, both in terms of the number of cases brought and the severity of sanctions imposed. U.S. officials describe FCPA enforcement as one of their top priorities, and have suggested that corrupt payments may be linked to international terrorism. Recently, law enforcement authorities have started to use tactics previously reserved for matters involving organized crime.
More than 30 K&L Gates lawyers have extensive experience handling FCPA matters, and many have handled these issues for two or three decades, in some cases back to the inception of the FCPA in 1977. Our team includes former high-ranking officials of the U.S. Securities and Exchange Commission and the U.S. Department of Justice, including Dick Thornburgh, who served as Attorney General of the United States. Our experience extends to every area in which FCPA and anticorruption issues typically arise.
Our clients range from Fortune 100 companies to smaller public and private entities, and they operate in a wide range of industries, including natural resources, energy, pharmaceuticals, defense, transportation and logistics, power generation, and financial services. We have handled matters in Africa, Latin America, the Middle East, Europe, South Asia, and East Asia and, with offices in close proximity to virtually all of the world’s major commercial centers, we can serve client needs promptly and efficiently, wherever they arise.