FCPAméricas Blog
Best Practices for FCPA Investigations in Latin America
2.19.2014
Oftentimes, an FCPA investigation will require obtaining information that is entirely outside of the United States. Because of this, local considerations are important. This post highlights four practical steps that companies can take to maximize the efficiency of their FCPA investigation in Latin America and minimize collateral consequences.
1. Capture local sources of information. When conducting an internal investigation, there are many sources of information to look to when determining whether or not certain acts occurred. Some are local. For example, when reviewing corruption related to public procurement – an area of concern throughout Latin America – it is helpful to c... Read more
Chronicle of a Bribe Foretold: ADM in Venezuela
2.13.2014
A gripping cautionary tale is hidden in the Statement of Facts attached to the Archer Daniels Midland (ADM) non-prosecution agreement (NPA). The NPA, which ADM signed with the DOJ last December, related in part to FCPA violations in Venezuela, as well as Ukraine. The total FCPA settlement amount was $54.3 million.
In summarizing the underlying facts, the DOJ tells a story of how FCPA risks in joint ventures can manifest – a story of good due diligence, bad actors, and a complicated global institution struggling to coordinate its distant limbs.
First, the characters:
ADM is a massive global food-processing and commodities-trading corporation. “ADM Latin... Read moreWhen to Use Outside Counsel for FCPA Investigations
2.12.2014
These days, more and more companies are developing internal resources to manage potential FCPA violations. They bring to bear triage committees, internal audit teams, investigation units, and in-house lawyers when running issues to ground.
This trend makes sense. Companies in high-risk industries and countries frequently need to vet indications of foreign bribery. Using outside lawyers, accountants, and investigators every time can be expensive.
Given these trends, when should companies rely on outside counsel for FCPA investigations? The answer is guided by various... Read more
