Our White Collar attorneys regularly counsel clients on the adequacy and effectiveness of corporate compliance efforts designed to prevent conduct that can lead to white collar liabilities or litigation, as well as advise our clients on specific compliance issues or questions as they arise. Although such compliance counseling is often necessary to effect remediation at the conclusion of an internal investigation, we also handle more discrete matters in this area, including advising on interactions with government officials during the conduct of business abroad, Foreign Corrupt Practices Act (FCPA) due diligence on proposed third-party intermediaries, business partners, and acquisition targets, and FCPA compliance audits and program reviews. Past compliance counseling engagements handled by our White Collar team include:
- Independent Compliance Monitor for the World Bank to SNC-Lavalin Group Inc., with a mandate to evaluate all aspects of the company’s global anti-corruption compliance program in the wake of a series of corruption crises within that company. Iris E. Bennett currently serves as the Independent Compliance Monitor for SNC-Lavalin Group, Inc. on behalf of the World Bank. Joseph Covington, formerly the head of the DOJ’s FCPA unit, has previously served as the Independent Monitor; Iris Bennett has led the monitorship’s work and, over the past several years, our team has reviewed the company’s implementation of its compliance program in more than 20 countries.
- FCPA compliance audit and counseling on remediation related to past conduct for overseas operations of a major international company spanning nine Sub-Saharan African countries.
- Compliance counsel for a multinational agriculture industry company, providing ongoing counseling services and conducting FCPA due diligence for acquisitions and business partners located in Myanmar, Uganda, Kenya and the Democratic Republic of Congo.
- Compliance audit at an overseas location of a Fortune 500 corporation covering financial/accounting analysis, assessment of legal risks and adequacy of policy implementation, and conduct of foreign-language (Spanish) interviews.
- Representing a small construction company in a DOJ grand jury investigation of possible corruption in Gabon.
- Counseling and guidance to the German subsidiary of a Fortune 50 manufacturing company on the legality of employing an elected official, including an assessment of internal controls and advice on remediation.
- Representing an international investment institution to provide advice and guidance on the adequacy of the company’s due diligence of third parties in several African countries.
- Counseling and guidance to an airplane manufacturing company on FCPA-related money laundering issues arising out of the sale of goods to customers in a West African country.