FCPA Enforcement and Compliance

"[A]ccomplished at advising a range of financial entities and corporates across various allegations of financial wrongdoing" - Legal 500

In recent years, the Department of Justice and the Securities and Exchange Commission have continued to aggressively pursue investigations and prosecutions involving the Foreign Corrupt Practices Act (FCPA), and to scrutinize whether companies have implemented adequate anti-bribery and anti-corruption compliance policies, procedures, and controls.  In the United Kingdom, and in other foreign jurisdictions, the Serious Fraud Office and other regulators have been enforcing their own anti-bribery laws, such as the UK Bribery Act 2010, enacted following the ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Cadwalader’s White Collar Defense and Investigations group has defended U.S. and foreign corporations in enforcement matters in over 60 countries worldwide, giving our team unparalleled expertise in helping our clients across the globe.  Clients have included major Fortune 100 companies in the oil and gas, energy, pharmaceutical, construction, manufacturing, retail, real estate and national defense industries.  The group also advises clients in developing and implementing anti-bribery and anti-corruption policies, procedure, and controls, and conducts independent reviews to benchmark compliance programs against U.S. and international standards.

In addition, the group assists clients in managing FCPA and other international compliance risks in connection with mergers, acquisitions, joint ventures and other complex business transactions, including directing global due diligence reviews of proposed business combinations in jurisdictions that present significant risk of government corruption.  Attorneys in the group understand the unique issues presented by such transactions – such as the need to measure risks in distribution channels, identify issues in public tendering, and gauge past compliance with governmental approvals – that can lead to post-closing liabilities or valuation changes.  The group helps clients develop solutions to manage such risk and ensure that a fair agreement on price and risk allocation is reached.  Post-closing, Cadwalader conducts detailed reviews to identify any latent FCPA issues, and assists in control gap assessments and the integration of the target into the client’s anti-bribery and anti-corruption compliance structures.

  • Conducted internal investigations in Europe, the Middle East, Asia, and South America for a global healthcare company relating to potential FCPA allegations and inquiries by the Department of Justice and the Securities and Exchange Commission, and assisted the client in developing and implementing a comprehensive system of anti-bribery and anti-corruption controls including an international due diligence program for the review and assessment of foreign acquisition targets
  • Represented Magyar Telekom, a Hungarian telecommunications company, in connection with Department of Justice and Securities and Exchange Commission investigations into potential violations of the FCPA
  • Represented a group of equity firms that included J.P. Morgan Partners, Candover Partners and 3i Group in an FCPA due diligence inquiry that preceded the group’s acquisition of the upstream oil and gas businesses of ABB, and Vetco International Limited, the resulting company, in worldwide compliance
  • Represented Vetco International Limited in an investigation that resulted in a settlement with the Department of Justice related to payments made to Nigerian customs officials by international freight forwarder Panalpina
  • Represented the Audit Committee of Schnitzer Steel in an FCPA internal investigation and the negotiation of a settlement with the Department of Justice and the Securities and Exchange Commission
  • Represented the Audit Committee of Noble Corporation in an FCPA internal investigation regarding Nigerian operations

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Avergun, Jodi L. Partner Washington
T. +1 202 862 2456
Carey, Peter Associate Washington
T. +1 202 862 2339
Duncan, J. Robert Associate Washington
T. +1 202 862 2233
Facciponti, Joseph Special Counsel New York
T. +1 212 504 6313
Gerver, Keith M. Associate Washington
T. +1 202 862 2381
Jay III, A. Joseph Special Counsel Washington
T. +1 202 862 2248
Moreno, Joseph V. Partner Washington
T. +1 202 862 2262
New York
T. +1 212 504 6262
Treanor, James A. Associate Washington
T. +1 202 862 2330
Urban, Lex Associate Washington
T. +1 202 862 2320
Wharton, Kendra (Clayton) Associate Washington
T. +1 202 862 2333

Contact(s)

Jodi L. Avergun
+1 202 862 2456 
jodi.avergun@cwt.com
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Joseph V. Moreno
+1 202 862 2262 
joseph.moreno@cwt.com
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