Ropes & Gray

This Practice Note provides information on the enforcement of bribery and corruption offences in the USA under the Foreign Corrupt Practices Act of 1977 (FCPA) by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). This note walks through the steps of an enforcement action and explains the different methods of disposal available to the enforcement authorities, including criminal prosecution, negotiated settlements and non-prosecution agreements, declinations, termination letters and civil proceedings. The note concludes with a discussion of recent trends in the FCPA enforcement as well as acquisition-related enforcement actions and successor liability under the FCPA.

This Practice Note provides information on the investigatory authority of the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with regards to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA). This note walks through the steps of an investigation, beginning with opportunities for self-disclosure and co-operation credit. The powers of the DOJ and SEC to conduct investigations are explained as are the links the DOJ and SEC have forged with their international counterparts to investigate cross border bribery and corruption offences. It then describes the stages of an investigation, issues of privilege, and possible negotiated resolutions.

This Practice Note considers the Corporate Enforcement Policy issued by US Deputy Attorney General Rod Rosenstein in relation to the US Foreign Corrupt Practices Act of 1977 (FCPA). This replaces the FCPA pilot program and is a resource for those cooperating with or considering co-operating with a Department of Justice (DOJ) investigation or self-reporting conduct to the DOJ with a view to avoiding prosecution. It covers the key features of the FCPA Enforcement Policy including the presumption of declination (ie the decision not to prosecute), the award of co-operating credit for sentencing purposes, in light of aggravating circumstances, limited credit for co-operation and remediation without voluntary self-disclosure (self-reporting) plus corporate compliance monitorships.

This Practice Note provides practical guidance to those involved in global investigations, whether they be global internal investigations or regulator-led investigations involving multiple overseas enforcement agencies. It covers identifying who is investigating eg investigations into violations of the US Foreign Corrupt Practices Act 1977 (FCPA 1977) which may involve the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) among others, and where they are being investigated alongside eg bribery and corruption allegations in the UK involving UK investigating agencies such as the Serious Fraud Office (SFO), Financial Conduct Authority (FCA), Financial Reporting Council (FRC) or Competition and Markets Authority (CMA). It covers how the investigation has been initiated (whether by a whistleblower or external agency) and issues that arise in the context of internal investigations (such as privilege and who the client is). It considers the way regulator interviews can be conducted (voluntarily, under caution etc) as well as what it means to self-report and co-operate in the UK and US for the purposes of securing a negotiated settlement such as a deferred prosecution agreement (DPA) or a declination.

This Practice Note has been archived and is not being maintained. This Practice Note considers the practical implications of pre-Bribery Act 2010 corruption regime.

This Checklist provides a working record for practitioners advising corporates on the application of the Corporate Enforcement Policy issued by US Deputy Attorney General Rod Rosenstein in relation to the US Foreign Corrupt Practices Act of 1977 (FCPA). It covers voluntary self-disclosure (self-reporting), full co-operation, timely and adequate remediation and should be read in conjunction with Practice Notes: A practical guide to the US Department of Justice FCPA Corporate Enforcement Policy and A practical guide to FCPA enforcement actions (US).