The world can be a dangerous place for U.S. companies doing business with foreign governments or state-run entities. It is often impossible to navigate local markets and foreign government tenders without the help of local agents and consultants. Many of these intermediaries expect to be paid using sales commissions, which often create incentives for unethical behavior. These concerns are heightened given that corruption in many foreign governments is rampant. Faced with these challenges, U.S. companies must ensure that they comply with the U.S. Foreign Corrupt Practices Act (FCPA).

Among other things, the FCPA prohibits U.S. companies and their agents or consultants from making illicit payments to foreign government officials in order to obtain business or to secure some improper advantage. With increased scrutiny on corporate ethics in the wake of corporate scandals and Sarbanes-Oxley, FCPA enforcement activity is more intense than it has been in decades. The agencies responsible for FCPA enforcement, the Department of Justice and Securities and Exchange Commission, have announced an unprecedented number of investigations during the last year, many involving some of the world's largest and most respected companies.

Our attorneys have assisted U.S. and multinational corporations to meet their obligations under the FCPA and the ever-growing list of international anti-corruption conventions, including the OECD Anti-Bribery Convention, the U.N. Convention Against Corruption and the Inter-American Convention Against Corruption. Our clients include major defense and aerospace companies, energy developers, medical device manufacturers and consumer electronics firms. We are active participants in NGOs working in the anti-corruption field. Firm attorneys have also represented foreign governments in dealing with corruption issues, most recently in West Africa and the Caribbean. Our capabilities cover both compliance and enforcement issues.

In addition to helping our clients comply with the FCPA's regulations, Powell Goldstein's attorneys have successfully represented clients when potential problems have arisen. Our FCPA practitioners work closely with our litigators and government contracts attorneys to assist clients in conducting internal investigations and defending against government enforcement actions. Our clients range from companies under government scrutiny to individual witnesses. We regularly assist clients in responding to government investigations and, if necessary, in reaching settlements and developing disclosure strategies.

Together, we have:

• Assisted our clients in complying with FCPA regulations and avoiding FCPA violations in their overseas business ventures
• Counseled clients in the review of overseas agents, consultants, sales representatives and joint venture partners
• Worked with our network of local counsel around the world to ensure that our clients comply with local laws on using intermediaries in foreign government procurement
• Helped our clients conduct pre-closing merger and acquisition due diligence to discover and resolve potential FCPA issues that can frequently disrupt the transaction if not handled properly
• Worked with our clients to create effective and efficient compliance procedures and to implement FCPA training