A practical guide to FCPA investigations (US)
Produced in partnership with Jeremy Kanarek, Amanda Raad, Tina Yu and Susan Zhu of Ropes & Gray
A practical guide to FCPA investigations (US)

The following Corporate Crime guidance note Produced in partnership with Jeremy Kanarek, Amanda Raad, Tina Yu and Susan Zhu of Ropes & Gray provides comprehensive and up to date legal information covering:

  • A practical guide to FCPA investigations (US)
  • FCPA investigating authorities
  • Inter-agency co-operation
  • International co-operation and investigation capability
  • Investigatory powers
  • Self-disclosure (self-reporting)
  • Initiating investigation
  • Conduct of investigation
  • Issues of privilege
  • Best practice

The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the US equivalent of the Bribery Act 2010 (and preceding UK legislation) dealing with bribery and corruption though there are important differences between the two laws.

For more information on the FCPA, consider Practice Notes: FCPA—who it applies to and what it prohibits (US) and The Foreign Corrupt Practices Act—background (US).

To understand the similarities and differences between the US FCPA and the UK Bribery Act 2010, see Practice Notes: The US Foreign Corrupt Practices Act and the UK Bribery Act 2010 compared and The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table.

Many corporates with a transatlantic presence find themselves facing simultaneous investigations in the UK and the US. It is important for those advising them to understand the practicalities involved in working with or against prosecutors in relation to both regimes and the corresponding issues which arise. For example, when seeking to advise a corporate client about self-reporting conduct either here or abroad, with a view to avoiding prosecution (see Practice Note: Self-reporting corporate offences) it is key to bear in mind the potential ramifications of disclosing information which could be used to mount an investigation