FCPA / Bribery Investigations
Companies alleged to have committed or charged with bribery or attempted bribery may face civil and/or criminal charges imposed by FCPA and/or the UK Bribery Act. Over the past decade, the U.S. Department of Justice and U.S. Securities and Exchange Commission has significantly boosted their FCPA enforcement efforts and, with the recent prosecutions under the UK Bribery Act, we are likely to see further increases in the number of enforcement actions and an increased awareness of anti-bribery and anti-corruption laws worldwide.
How we can help
We can conduct an in-depth review and analysis of the company’s operations to determine whether any violations of the FCPA have occurred, covering, but not limited to sales and purchases in the normal course of business, the acquisition and disposal of fixed assets, petty cash and expense reports, payroll, electronic and written correspondence and contracts, and dealings with agents, intermediaries and consultants. We can also assist clients by making recommendations to ensure / confirming that adequate procedures are in place by performing risk assessments and providing an independent review of internal controls.
UK Bribery Act
According to the UK Bribery Act, the commercial organisation will be liable if it fails to prevent bribery which is paid on its behalf by “associated persons”. In general, anyone who performs services for the organisation or on its behalf, including employees, agents or subsidiaries are considered “associated persons” . The scope is designed to be broad and without boundary, and can cover contractors, suppliers, agents, joint venture entities, and their employees. We can assist in identifying the persons and entities which are “associated” with your companies, in order for you to implement appropriate and adequate prevention procedures.
Identify Unusual Payments / Facilitation Payments / Potential Bribes
Risk Assessment / Internal Controls Review
Long term compliance consulting
Follow up testing