Bribery, Corruption and Foreign Corrupt Practices Act Investigations

Contacts:
Jeremy Cole, London
Peter S. Spivack, Washington, D.C.

In recent years, we have seen a marked increase in anti-corruption legislation. The U.S. passed the Foreign Corrupt Practices Act (FCPA) in 1977; in the UK, the Bribery Act was passed in 2010 and came into force on 1 July 2011; reforms have recently been made in other countries, including Russia, Spain and China.

The increase in regulation has coincided with greater enforcement. Agencies have become increasingly assertive across the globe. The U.S. Department of Justice alone prosecuted more bribery actions in 2009–10 than it had in the two preceding decades. This trend is also evident in Europe, with record fines in the UK on BAE, and on Siemens in Germany and Daimler in the U.S. 

Hogan Lovells has a leading team of lawyers across the globe focused on dealing with all aspects of bribery, corruption, and fraudulent activities. Our experience covers situations in which a company has been defrauded as well as defending a corporation against attack from government authorities in relation to local bribery and corruption laws, including the FCPA. We have undertaken internal investigations of the business activities of companies operating in countries throughout the world to determine whether the FCPA or other laws may have been violated. Where appropriate we have assisted clients with remedial action. Our team has also defended companies and individual executives in numerous investigations conducted by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the UK Serious Fraud Office, and other enforcement authorities across the world.

The Hogan Lovells Bribery and Corruption Task Force offers international clients informed advice in a number of areas of risk, from reactive incident response measures to the development of proactive strategies to manage potential exposure through compliance programmes.

The Task Force brings together a cross-jurisdictional team of partners from Hogan Lovells' international network with over 25 years experience in large-scale investigations.  It has sector specific capabilities in industries where bribery and corruption issues are prevalent, including construction; pharma; energy, including oil and gas; defence and aerospace; manufacturing; IT and financial services.

Our unique global footprint and industry depth means that we can assemble a team of lawyers with a wide range of cultural and legal experience. This means that we have the ability to deal with some of the most complex and internationally far-reaching matters under one roof. Our substantial trial experience means that we can resist and contest government allegations where appropriate.

That extensive experience is also used in providing clients with compliance counseling so as to assist on remedial steps that a company should put in place to avoid prosecution and future incident.