Our Foreign Corrupt Practices Act Attorneys and FCPA Attorneys Helping Clients in the US and Overseas to Avoid Costly Legal Mistakes and to Reduce the Impact of Criminal and Civil Liability
What is the Foreign Corrupt Practices Act of 1977?
The Foreign Corrupt Practices Act of 1977 (FCPA) which is governed under USC 78dd-1 makes it unlawful for certain classes of persons and corporate entities to make payments to foreign government officials to assist in obtaining or retaining business.
The anti-bribery provisions of the Act prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.
The US Foreign Corrupt Practices Act of 1977 also deals with any person who possesses some certain degree of intent while he or she engages in foreign corrupt practices. The FCPA prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business. As it relates to government contractors, the Act could potentially apply to prohibited conduct anywhere in the world and extends to publicly traded companies and their officers, directors, employees, stockholders, and agents. At Watson & Associates, we put together a team of FCPA defense attorneys that handle complex cases involving federal government contractors. We also provide legal counsel to companies overseas of within the United States involving U.S. Federal Government Contracts.
At Watson & Associates, LLC our FCPA attorneys work with companies that are directly or indirectly involved with federal government contracting and are alleged to have violated the Foreign Corrupt Practices Act. Dealing with the civil or criminal legal system can be intimidating for companies dealing directly or indirectly with US federal government contracts.
Many corporations and government contracting firms and individual defendants will accept liability and a criminal conviction and simply serve jail time. Yet, frequently. when a criminal case is reviewed by an experienced Foreign Corrupt Practices Act attorney, potential reasons for the unlawful result are uncovered. The litigation and appeals process is designed to allow you to examine the government investigation process and make sure that errors are found before litigation and verdicts are issued.
Nationwide FCPA Law Firm Protecting Your Legal Rights
THE POWER OF SHOWING WHERE THE GOVERNMENT CANNOT PROVE ITS CASE
The government has every right to make sure that procurement regulations are followed and that other regulations for different industries are followed. However, the government does make mistakes that can ultimately tread on your constitutional and civil rights. If you are subject to a government investigation or charged with violations of the Foreign Corrupt Practices Act, proving your innocence can be difficult.
With law offices in Washington DC and in Denver, Colorado, Watson & Associates, LLC is one of the best FCPA law firms that also understand federal government contracting and procurement laws. We focus on eliminating the problems up front and by conducting internal investigations we can save significant amounts of time and lawyers’ fees. Our goal is to protect your rights while developing the most cost-effective way to get a favorable result.
US Foreign Corrupt Practices Act Investigations, Anti Corruption Law Firm & FCPA Attorney Services
Given the compound nature of the relevant statutes, having an experienced Foreign Corrupt Practices Act lawyer can allow you to make informed decisions and restructure your company for sound compliance. Watson’s government FCPA investigation attorneys provide:
- Government contract fraud help at the indictment and trial stage;
- International Anti-bribery
- Foreign Corrupt Practices Act investigations and legal advice
- Anti-bribery and corruption defense
- Federal Corrupt Practices Act defense
- Appeals of trial court decisions;
- Client procurement integrity legal advice about FCPA best practices
- Foreign Corrupt Practices Act compliance
- False Claims Act and DOJ FCPA cases
- Procurement Fraud defense
- We also help government contractors in Dubai and the Middle East
Our Foreign Corrupt Practices Act FCPA awyers Offer Nationwide Representation. Schedule a FREE Initial Consultation. Call 1-866-601-5518.
Avoid or minimize civil and criminal sanctions. FCPA violations can cause significant sanctions. Federal law enforcement agencies may bring civil or criminal actions against issuers and their officers, directors, employees, stockholders, and agents for violations of the anti-bribery or accounting provisions of the Statute. Federal contractors, employees or individuals that have committed violations can be forced to give back gains, and profits with interests.
The SEC and the Department of Justice are jointly responsible for enforcing the FCPA. The SEC’s Enforcement Division has created a specialized unit to further enhance its enforcement of the Act Also, the FCPA applies to American businesses and foreign entities that trade securities to the United States and engage in the anti-corruption activity.
How Do the Federal Government Prosecute FCPA Cases? The U.S. Department of Justice (DOJ) has jurisdiction over criminal FCPA prosecutions, and the Securities and Exchange Commission SEC handles the civil cases for prosecution. Nevertheless, each individual agency performs its own investigation but they do share information.
FAR clause 52.203-13
The Federal Acquisition Regulation (FAR) clause 52.203-13, ‘Contractor Code of Business Conduct and Ethics’ impliedly requires companies with government contracts greater than $5million to self-disclose FCPA violations when known. It does matter whether the violation is material or not, there is an affirmative duty to disclose under FAR 52.203-13.
What are the possible criminal penalties for FCPA violations?
FCPA Violations & Penalties
FCPA penalties not only can end up with criminal or civil liability but the amounts for FCPAlation can be extremely high. The Department of Justice (DOJ) and Securities Exchange Commission (SEC) work hand in hand to enforce anti-corruption regulations and FCPA laws. Your company can be liable for fines of up to $2 million for FCPA violations. For an individual, he or she may be fined up to $100,000 and sentenced to up to five years in prison for an FCPA bribery violation.
Civil penalties include fines of up to $10,000 plus an additional fine not to exceed the greater of the gross amount of pecuniary gain or a specified dollar limitation ranging from $5,000 to $500,000, depending on the level of the FCPA violation. Individuals or contractors doing business federal government can be suspended or debarred.
Criminal penalties for FCPA violations include fines of up to $2 million for businesses and corporations. For individuals, including officers, directors, stockholders, and employees, the criminal penalties include fines of up to $100,000 and up to five years in prison.
The Anti Corruption law sanctions and compliance penalties for Foreign Corrupt Practices Act violations can be significant. The SEC often brings civil enforcement actions against issuers and their officers, directors, employees, stockholders, and agents for violations of anti corruption or accounting provisions of the FCPA Act.
- FCPA Anti-Bribery Provisions
- FCPA Recordkeeping and Internal Controls Provisions
- 1976 SEC Report on Questionable and Illegal Corporate Payments and Practices
Call Watson’s FCPA Attorneys
Contact us online or call our FCPA Lawyers for immediate assistance if you are looking to find anti corruption lawyers for legal criminal defense with Federal Foreign Corrupt Practices Act matters.
Call the government Anti Corruption Law Firm for the best Foreign Corrupt Practices Act lawyers at 202-827-9750 or Toll-Free at 1-866-601-5518 for a free initial consultation.