Foreign Corruption Practices Act

Regulators the world over have prioritized the identification, cessation and prosecution of conduct involving bribery and corruption, as exemplified by enforcement actions against entities and individuals, some of which carry significant monetary fines in addition to the inherent reputational damage and negative effects on customer, vendor, and employee relationships. In such an environment, it is important for companies to have a trusted advisor who can guide them in the implementation of effective anti-bribery and anti-corruption processes that can withstand regulatory scrutiny.

Marcum LLP’s team of FCPA professionals includes multidisciplinary certified subject matter professionals who assist clients in various ways to mitigate the risks related to violations of the FCPA and equivalent foreign statutes.

As businesses, both domestic and foreign, expand in the global marketplace, they face multiple risks and challenges including bribery and corruption. To mitigate these risks and to avoid undue regulatory scrutiny, it is imperative for companies to implement appropriate anti-bribery and anti-corruption controls pursuant to the U.S. Foreign Corrupt Practices Act (“FCPA”) and equivalent statutes in other countries.

Marcum’s FCPA team helps multinational clients manage their anti-bribery and anti-corruption obligations through a portfolio of services touching every stage of prevention and intervention.

FORENSIC INVESTIGATION

When anti-corruption issues arise, a prompt and effective internal investigation is critical. Marcum’s professionals have been called in following an incident or allegation of bribery or corruption to investigate, assess risks and exposure, preserve crucial evidence, calculate any monetary damages, and create appropriate remediation plans.

Our services include:

Financial statement and financial fraud investigations.
Investigation of any allegations made by employees, whistle blower and/or government agencies.
Identifying and preserving data from internal and external sources in their native format.
Interviewing relevant internal and external parties.
Data analytics and optimization.
Analyzing, managing and executing historical transaction reviews.
Profit disgorgement and ability-to-pay analyses.
Detailed review and reporting of investigation results and presentation of results to the client, U.S. and international regulators and law enforcement authorities.
Devising a crisis communications strategy and tactical implementation plan.

COMPLIANCE/RISK MITIGATION PREVENTION

As always, the best defense is a good offense. As enforcement authorities across the globe ramp up efforts to uncover and prosecute corruption, compliance programs and risk mitigation efforts become even more essential.

Our services include:

Advising clients on how to mitigate the financial and reputational exposure associated with inquiries, investigations, and prosecutions by both the U.S. and foreign governments.
Conducting corruption risk assessments including acquisition reviews.
Designing and implementing anti-bribery and anti-corruption compliance programs.
Performing compliance program gap and risk analyses.
Evaluating and establishing internal controls.
Ongoing screening, monitoring, and enhanced due diligence of third parties.
Assessing potential compliance risk areas and enhancements to processes and controls.
Developing and conducting training for employees and internal compliance.

DUE DILIGENCE

Recent years have seen a significant increase in mergers and acquisition activity across all industries. Entities have grown by leaps and bounds through both strategic acquisitions and vertical integrations. Each such transaction requires a thorough due diligence of the entity being merged in or acquired, to ensure that clients are not inheriting significant FCPA-related risks.

Our services include:

Reviewing the entity’s policies and procedures related to FCPA or its international counterparts.
Conducting third party due diligence of vendors, agents and intermediaries.
Identifying and providing remediation plans for any internal control weaknesses.
Background investigation of key employees and stakeholders. Reviewing any past internal or external investigations related to FCPA or its international counterparts.

REMEDIATION & MONITORSHIP

Marcum has been retained to act as internal monitor or independent third party to oversee compliance programs and implementation of action plans after an entity has been investigated by regulators and/or law enforcement agencies.

Our services include:

Assisting clients with reporting to key stakeholders and regulators.
Assisting as a court-appointed monitor pursuant to a settlement agreement or prosecution.
Developing and implementing remediation plans and modifying anti-corruption policies and procedures.
Serving as court-appointed/government-approved independent monitor following FCPA settlements.
Providing forensic accounting support to independent and/or court-appointed monitors.