Ropes & Gray

This Practice Note provides information on the enforcement of bribery and corruption offences in the USA under the Foreign Corrupt Practices Act of 1977 (FCPA) by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). This note walks through the steps of an enforcement action and explains the different methods of disposal available to the enforcement authorities, including criminal prosecution, negotiated settlements and non-prosecution agreements, declinations, termination letters and civil proceedings. The note concludes with a discussion of recent trends in the FCPA enforcement as well as acquisition-related enforcement actions and successor liability under the FCPA.

This Practice Note provides information on the investigatory authority of the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with regards to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA). This note walks through the steps of an investigation, beginning with opportunities for self-disclosure and co-operation credit. The powers of the DOJ and SEC to conduct investigations are explained as are the links the DOJ and SEC have forged with their international counterparts to investigate cross border bribery and corruption offences. It then describes the stages of an investigation, issues of privilege, and possible negotiated resolutions.

This Practice Note considers the Corporate Enforcement Policy issued by US Deputy Attorney General Rod Rosenstein in relation to the US Foreign Corrupt Practices Act of 1977 (FCPA). This replaces the FCPA pilot program and is a resource for those cooperating with or considering co-operating with a Department of Justice (DOJ) investigation or self-reporting conduct to the DOJ with a view to avoiding prosecution. It covers the key features of the FCPA Enforcement Policy including the presumption of declination (ie the decision not to prosecute), the award of co-operating credit for sentencing purposes, in light of aggravating circumstances, limited credit for co-operation and remediation without voluntary self-disclosure (self-reporting) plus corporate compliance monitorships.

This Practice Note has been archived and is not being maintained. This Practice Note considers the practical implications of Pre-Bribery Act 2010 corruption law. It explains the offence of bribery at common law, the impact of the statutory provisions under the Prevention of Corruption Acts ie the Prevention of Corruption Act 1916 (PCA 1916) on the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889) and the Prevention of Corruption Act 1906 (PCA 1906), the development of the anti-corruption legislation under the pre-Bribery Act 2010 regime, the territorial reach of and ongoing liability under the pre-Bribery Act 2010 regime and penalties and sentencing under the Prevention of Corruption Acts 1916.

This Practice Note provides practical guidance to those involved in global investigations, whether they be global internal investigations or regulator-led investigations involving multiple overseas enforcement agencies. It covers identifying who is investigating eg investigations into violations of the US Foreign Corrupt Practices Act 1977 (FCPA 1977) which may involve the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) among others, and where they are being investigated alongside eg bribery and corruption allegations in the UK involving UK investigating agencies such as the Serious Fraud Office (SFO), Financial Conduct Authority (FCA), Financial Reporting Council (FRC) or Competition and Markets Authority (CMA). It covers how the investigation has been initiated (whether by a whistleblower or external agency) and issues that arise in the context of internal investigations (such as privilege and who the client is). It considers the way regulator interviews can be conducted (voluntarily, under caution etc) as well as what it means to self-report and co-operate in the UK and US for the purposes of securing a negotiated settlement such as a deferred prosecution agreement (DPA) or a declination.

This Practice Note has been archived and is not being maintained. This Practice Note considers the practical implications of pre-Bribery Act 2010 corruption regime.

This is a Checklist of suggested best practices in FCPA investigations to assist those working on cross-border investigations and advising companies in relation to their potential liability to regulatory or criminal investigation and enforcement for offences under the Foreign Corrupt Practices Act 1977 (FCPA).