Foreign Corrupt Practices Act Defense Lawyer in Media, Pennsylvania , PA
Resolving White Collar Crime Issues for Clients Throughout Southeastern Pennsylvania
The Foreign Corrupt Practices Act (FCPA) prohibits corporations — and their directors, officers, employees, shareholders, and agents — from paying bribes to foreign officials in order to obtain or retain business. It also sets forth accounting and oversight requirements for publicly traded corporations. The Act's anti-bribery provisions are enforced by the Department of Justice (DOJ), while the accounting provisions are enforced by the Securities and Exchange Commission (SEC). The SEC has its own specialized unit purposed to further increase enforcement actions.
If you are suspected of violating any part of the FCPA, you will likely find yourself subject to an intensive federal investigation that may be lengthy, disruptive, and stressful. You also may find it difficult to navigate the regulations set forth by the Act. Our firm has in-depth legal knowledge and experience necessary to help defend you against allegations of FCPA violation. We can also advise you on FCPA compliance while maintaining a business-oriented approach that acknowledges the realities of doing business in foreign markets.
The Foreign Corrupt Practices Act
The FCPA is a federal law that was passed in 1977 that generally makes it illegal to bribe foreign officials and can apply anywhere on the globe. Besides applying to corporations, it can also apply to third party agents, joint-venture partners, distributors, and more. The Act also makes it necessary to keep accurate records under an internal controls system. This system must, as one of its duties, give a reasonable measure of assurance that all transactions take place with proper authorization by executives.
Violating any part of the FCPA can lead to significant penalties. You may be subject to civil enforcement actions for violating its anti-bribery prohibition or for any accounting failures per the law. Those who are found to be in violation of the Act may be subject to both criminal and civil legal actions. Anyone found violating this law may face up to five years of imprisonment. Penalties can also include the return of any illegal financial gains made along with interest and significant fines. Those corporations convicted of violating the Act may be subject to supervision by an independent auditor such as a certified public accountant to ensure the future integrity of the company’s actions.
In addition to working with companies on compliance issues, The Law Offices of Arthur Thomas Donato Jr. takes a diligent approach to internal investigations. Our approach offers companies the opportunity to identify potential violations and enact compliance policies that minimize the possibility of future infractions.
How We Act on Your Behalf
With more than 40 years of experience as a white collar crime defense lawyer, Arthur Thomas Donato understands how critical it is for companies and individuals to be proactive when faced with serious FCPA violation charges. The company or an individual may be penalized with multimillion-dollar fines while responsible employees or agents can face imprisonment.
Our firm begins developing a defense as soon as you come to us, ensuring that attention is paid to every relevant detail. This practice allows us to collect evidence independently and to prepare a strategic response for the prosecution's accusations. Our meticulous representation continues through negotiations with the DOJ and the SEC and on through trial, if necessary.
Talk to our Media, Pennsylvania Foreign Corrupt Practices Act attorney about your legal needs today. Call (610) 565-4747 to get started.