Antibribery Consulting and Compliance

Antibribery: Consulting, Government Contracting

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Companies work hard to build a good reputation. They are successful, in part, because of that reputation. To have any allegations of employees or contractors bribing foreign government officials or political figures is prohibited and can tarnish it. Avoiding corrupt practices such as bribery becomes especially important when a company has part of its business overseas and must interact with foreign officials. This is especially true when contractors are hired from other countries to help accomplish the company’s mission and goals. These contractors may have different professional standards due to their country’s business culture from which they come. Corruption can lead to the U.S. Department of Justice (DOJ) to serve a subpoena upon the company. That is why it is valuable to have an antibribery law firm like ours to help respond.

It will also be important to know how likely it is that any instances of bribery occurred. Therefore, as we help the company respond to the federal government’s allegations we will review your practices so that you know what the evidence shows, and the company will be better informed when preparing for the federal government’s determination. Our reviews are considered independent and impartial because none of our representatives working on your investigation are hired or retained by your firm, nor do we represent the federal government. So, no perception of bias or interest in the outcome of the investigation will be perceived.

To help respond to corruption matters we bring in resources where needed, choosing among the established relationships we have with other attorneys and other professionals. Our impressive professionals of various backgrounds will consult with your company, advise, analyze, negotiate, respond, document results—anything you need to get through an investigation. We are also able to evaluate your chances in court if you must litigate your matter.

Antibribery Law

The antibribery law that governs instances of bribery is the Foreign Corrupt Practices Act. The act prohibits the wilfull use of any means of using interstate or international commerce in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that the purpose is to influence, induce, or gain an improper advantage from, a foreign official in his or her official capacity, for a business purpose.

Examples of Bribery

Some examples of antitrust violations include the following:

  • A contractor in a company’s subsidiary in India increases the quoted amount of funds needed under the government contract as part of an agreement to give some of those funds to an Indian government official who has promised a future position in his private company.
  • An agreement with a foreign government to provide a company’s proprietary information in exchange for money.

Response to Federal Investigations

When a company receives a subpoena for information from the DOJ it can be daunting and overwhelming. The stakes are high. A DOJ bribery investigation can take years, it can raise costs to a company to: supply information; divert resources, time and focus away from your mission, stagnate growth and reduce profits. We have excellent professionals that will focus on your case and devote their time to guiding your company through the investigative process, getting you results, so that more of your resources can go toward running the company, stabilizing it, and continuing to earn profits. Our professionals are skilled and knowledgeable at auditing, investigations, analyses of data, finding misconduct, and have various backgrounds in law, federal government, and industry. Our professionals can be of significant valuable as we do the heavy lifting to take on the demands of the DOJ investigation.

Preventing Violations

Risk management is an important part of lessening the risk that a company will be hit with substantial criminal and civil penalties due to bribery. Implementing practices that are tailored to avoid corruption is invaluable to your company. We will help you establish, or strengthen preexisting, compliance policies, procedures, and practices. Although even the best compliance program cannot immunize your company from scrutiny, we will do our best to lessen the risk. Our skilled professionals will provide excellent advice, assistance, and practical best practices that can help safeguard a company as much as possible.

For more specific information call 202.870.3021 or email info@pdavislawfirm.com.