FCPA Violations and Compliance Attorneys
The FCPA, or Foreign Corrupt Practices Act encompasses a variety of compliance policies that individuals and entities need to abide by when working with foreign governments or officials in those governments. Those who are found to be not in compliance with this act can face investigation from the SEC, or the Securities and Exchange Commission, as well as the FBI and the Department of Justice.
Considering just how serious these charges are and how harsh sentencing can be, it’s imperative that those facing a criminal investigation or criminal charges related to FCPA violations should seek legal counsel immediately. Not every legal firm is equal, however, so you’ll have to find a firm that has experience not only with cases like yours but also with cases that are brought to federal court, as the proceedings and procedure are entirely different than what you’d expect to see at the state level.
What is the Foreign Corrupt Practices Act?
In general, the Foreign Corrupt Practices Act regulates how American companies do business with foreign governments and their officials. It also covers cases of corruption and bribery between companies and government officials. At base, the statute states that representatives cannot bribe foreign officials in order to receive some sort of profit. As you might imagine, this statute also applies to the opposite situation as well. The FCPA Act also forces companies to comply with accounting requirements.
FCPA violations are being prosecuted more frequently, which is resulting in more fines, prosecutions, and even prison sentencing for those who are found to be in violation. Among targets of FCPA, violation investigations are Chinese companies, as the SEC sees these companies and the government of China as being highly corrupt. There’s also a list that the agency references which has statistics on those industries most likely to have corruption and a high rate of FCPA violations.
What Are the Consequences of FCPA Violation?
As you might imagine, those who are found to be in violation of FCPA guidelines can be subject to a variety of penalties, including stiff fines, forfeiture of property, and even harsh prison sentencing. Along with FCPA violations, these investigations often uncover separate but related charges such as mail or wire fraud, which authorities will then capitalize on in order to compound sentencing. Another aspect of this is that the authorities are increasingly cracking down on white-collar crime, so defendants can expect harsh sentencing that’s done as a deterrent to others who might commit the same crime.
For all of these reasons and more, it’s absolutely imperative that companies and their representatives ensure that they are fully in compliance with all the FCPA guidelines. Just ensuring this can protect you from the investigation.
What Can Be Done When Facing FCPA Violation Charges?
The first thing that you should do in any criminal investigation, but especially when it comes to the Foreign Corrupt Practices Act, is to secure competent and effective legal representation. While it’s important that you cooperate with authorities and not try to hinder any sort of investigation into your or your business’ practices, you should speak to a lawyer first.
The right defense attorney will be asking you plenty of questions, getting to the root of your specific situation, analyzing any evidence against you, and planning a proper legal defense that will end with your charges either reduced or dropped altogether.
With the increasing tendency for corruption cases to be covered by the media, both nationally and internationally, there will be a tremendous amount of pressure on anyone facing such an investigation. It’s important that you have a defense attorney who can not only help shield you from this attention but also represent you effectively, leveraging their experience to reach a quick end to any criminal investigation.
What Should I Look For in a Legal Firm?
The sad reality is that not all legal firms are equal, and even a firm with decades of experience won’t necessarily be the right group for you. This is because plenty of legal firms have experience representing clients at the state level, but they have no experience in federal court, where proceedings are far different and penalties tend to be far harsher than in state court. When the stakes are higher, you need to know that your defense attorney is prepared and confident.
On top of that, you need a firm that can work with you from the ground up, with accessibility options and the ability to meet you right where you are. Just as a public defender wouldn’t be able to adequately defend you the way a firm could, the wrong firm could be just as detrimental to the outcome of your case. This could be the most important decision that you make for quite some time, so you want to know that it’s the right choice.
Why Choose Norman Spencer Law Group?
When you choose the Norman Spencer Law Group to represent you and your case, you’re choosing a law firm that has a combined 70 years of experience representing cases just like yours. We handle all cases no matter how big or small, simple or complex. On top of that, we have experience at both the state and federal levels, and we’ll leverage that experience to get you the results you want and deserve.
We fight to keep cases out of court, often getting charges reduced or even dropped without you ever having to step foot inside a courtroom. But in case you do have to go to court, we have decades of experience and skill to fight the charges against you. So get in touch today, let us know a little about yourself and your situation, and leave your contact information. Someone from our team will get in touch as soon as possible, and we’ll get you the help you need.