Internal Investigations

We have extensive experience in conducting effective internal corporate investigations, whether related to the Foreign Corrupt Practices Act (FCPA) or other regulatory frameworks such as the Federal Acquisition Regulation (FAR), False Claims Act (FCA), or Procurement Integrity Act. Investigations can arise through employee feedback, anonymous whistleblower complaints, or government inquiry, and our White Collar attorneys have investigated under all such circumstances and seen these matters through to their resolution. In addition, our deep experience in compliance counseling gives us the expertise necessary to advise clients on remediation – where we emphasize a practical and effective approach – including how best to strengthen the corporate compliance program in order to avoid future misconduct. Similarly, our experience in the defense of government investigations prepares us to counsel clients on whether voluntary disclosure may be appropriate and, if so, to represent the client effectively in negotiations with DOJ or other regulatory agencies following disclosure. Smith Pachter McWhorter’s White Collar attorneys also have bilingual capabilities allowing for the conduct of investigations in Spanish. Our White Collar attorneys have investigation experience with respect to the FCPA that literally spans the globe, as they have investigated matters involving potential improper payments in countries that include, among others, Albania, Algeria, Bolivia, Brazil, Croatia, the Czech Republic, Equatorial Guinea, Egypt, Gabon, Germany, India, Indonesia, Iraq, Japan, Kuwait, India, Mexico, Nepal, Nigeria, Romania, the Russian Federation, Taiwan, Thailand, and Venezuela. Representative examples of past investigations handled by the attorneys in our White Collar group include:

  • Internal investigation for a major financial services corporation into allegations of corruption in Southeast Asia, including extensive counseling on compliance and examination of the company’s internal controls.
  • Internal investigation for a large construction company client into potential misconduct regarding payments to officials in North Africa, including advice on remediation, counseling to improve the company’s internal controls, and guidance on implementation of a robust compliance program.
  • Internal investigation for a logistics services provider related to potential Procurement Integrity Act violations.
  • Internal investigation into alleged misconduct in the Middle East, including counseling on remediation, disciplinary action, enhancement of the company’s compliance program, and testing of internal controls. Representation of the client continued through a voluntary disclosure to the DOJ and subsequent cooperation with the government investigation.
  • Internal investigation conducted in India and Nepal of potential improper payments by a distributor for a major American company and counseling regarding remediation.
  • Representing a Fortune 100 company responding to a corruption investigation by an Asian prosecuting authority, including an internal investigation of the transactions involved, assistance in addressing appropriate remedial actions, and counseling the client on a resolution strategy.
  • Internal investigations for various other government contractor companies to assess potential mandatory disclosures under the FAR.