Handling an Overseas FCPA Investigation


We recently came across an article entitled, “Coordinating Investigations Between US Companies and their Subsidiaries or Suppliers Overseas”, by two Jones Day attorneys, John Edwards and Gillian Garrett. While not strictly focused on investigations of FCPA matters, we nevertheless found the article to be very instructive for either the in-house counsel who may perform a front line FPCA or other compliance investigation or a private practice lawyer.

The authors initially note that investigations into overseas operations present challenges different from those involved in domestic investigations. First, there are obvious cultural and linguistic barriers to completing a thorough investigation. Second, because of the time and expense involved, investigations in other countries often are done on a compressed schedule, usually on a “one-shot” basis, with no opportunity for follow-up interviews. Finally, many people outside the U.S. view the American legal system with a particularly jaundiced eye. While they know little about U.S. litigation, they have heard enough to know they do not want to be involved. In some cases, this reluctance leads to recalcitrance. These factors may hinder an investigation and the authors give advice on techniques in the investigate process which manage these issues.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Fox, Compliance Evangelist | Attorney Advertising

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