A Foreign Corrupt Practices Act (FCPA) investigation can put your business, career, and reputation at risk long before criminal charges are filed. If you have received a subpoena, target letter, or request for an interview from federal investigators, early legal representation can be one of the most important steps you take.

The FCPA is a federal law that prohibits businesses and individuals from offering or providing anything of value to foreign officials to obtain or retain business. It also requires certain companies to maintain accurate books, records, and internal accounting controls. At The Fast Law Firm, we represent executives, business owners, employees, and companies throughout FCPA investigations and prosecutions.

Why Choose The Fast Law Firm?

Foreign Corrupt Practices Act cases involve more than allegations of bribery. These investigations often span multiple countries, involve extensive financial records, and require a thorough understanding of federal criminal procedure. We provide experienced representation at every stage.

When you work with us, you can expect:

  • Representation in complex federal criminal investigations
  • Strategic guidance before charges are filed
  • Careful review of financial records, communications, and government evidence
  • Defense during DOJ and SEC investigations
  • Skilled advocacy during negotiations and in federal court
  • Clear communication and responsive legal counsel throughout your case

Whether you are responding to a government investigation or defending against formal charges, we will work to protect your rights and your future.

Why Are Foreign Corrupt Practices Act Cases Different?

FCPA investigations are among the most complex white collar criminal cases prosecuted by the federal government. They may involve allegations of bribery, accounting violations, inaccurate books and records, or failures to maintain adequate internal controls. These matters often include international business transactions, overseas financial records, and cooperation between U.S. and foreign authorities.

Many investigations continue for months or even years before prosecutors decide whether to file charges. During that time, investigators may gather records, interview witnesses, and review business practices. Early legal representation can help protect your interests from the outset.

Who Can Be Investigated Under the FCPA?

The FCPA applies to a wide range of businesses and individuals, including: 

  • Public companies registered with the Securities and Exchange Commission
  • Private companies conducting international business
  • Corporate officers and directors
  • Employees acting on behalf of a company
  • Consultants, agents, and third-party representatives
  • U.S. citizens and businesses operating abroad
  • Certain foreign nationals whose conduct has a connection to the United States

Investigators often examine the conduct of multiple individuals during the same inquiry, including people who did not personally authorize an alleged payment.

What Conduct Can Lead to an FCPA Investigation?

The government may investigate alleged violations of both the FCPA’s anti-bribery and accounting provisions. Prosecutors generally must prove that something of value was offered or provided corruptly to influence a foreign official for the purpose of obtaining or retaining business, or that improper payments were concealed through inaccurate books, records, or internal accounting controls.

The term “foreign official” is interpreted broadly and may include government employees, officials of government-owned businesses, employees of public international organizations, and others acting on behalf of a foreign government.

“Anything of value” may include:

  • Gifts
  • Consulting fees
  • Travel and lodging
  • Entertainment
  • Charitable contributions
  • Payments through third parties

The FCPA does not establish a minimum dollar amount for liability. Instead, investigators focus on the purpose of the payment and the surrounding circumstances.

What Happens During an FCPA Investigation?

Many FCPA matters begin with government inquiries rather than criminal charges. An investigation may include:

  • Grand jury subpoenas
  • Requests for financial and corporate records
  • Interviews of executives and employees
  • Internal corporate investigations
  • Coordination between the Department of Justice, Securities and Exchange Commission, and other federal agencies
  • Requests for evidence from foreign governments

Not every investigation results in criminal charges. However, the decisions made during the investigative stage often affect how the case proceeds. Early legal representation can help protect your rights while responding appropriately to government requests.

What Are the Penalties for an FCPA Conviction?

An FCPA violation can result in both criminal prosecution and civil enforcement actions. Depending on the circumstances, penalties may include…

  • Federal prison sentences
  • Criminal fines
  • Civil monetary penalties
  • Corporate compliance obligations
  • Asset forfeiture
  • Damage to business relationships and professional reputation

In some cases, both criminal and civil proceedings may occur simultaneously.

What Defenses May Be Available in an FCPA Case?

Every case is different. Depending on the facts, potential defenses may include:

  • The government cannot prove corrupt intent.
  • The payment was lawful under the written laws of the foreign country.
  • The expenditure was a legitimate business expense permitted under the FCPA.
  • The payment resulted from genuine duress involving threats of physical harm.
  • The government’s evidence does not establish an FCPA violation.

We evaluate the government’s evidence and develop a defense strategy based on the facts of your case.

Speak With a New York Foreign Corrupt Practices Act Defense Attorney

An FCPA investigation should never be ignored. The earlier we become involved, the more opportunities there may be to protect your rights, preserve evidence, and develop a defense strategy before prosecutors make charging decisions.

At The Fast Law Firm, we represent businesses and individuals facing complex federal criminal investigations in New York and throughout the United States. Contact us today to discuss your situation. Whether you have received a subpoena, are responding to an SEC inquiry, or have already been charged, we are prepared to begin protecting your rights immediately.

Frequently Asked Questions

Can I be investigated even if I have not been charged?

Yes. Many FCPA investigations begin months or years before prosecutors decide whether to file criminal charges. Legal representation during the investigative stage can help protect your interests.

Can both a company and its employees face liability?

Yes. Federal prosecutors may investigate or charge a business while also pursuing claims against executives, employees, directors, agents, or third parties involved in the alleged conduct.

What is the statute of limitations for FCPA violations?

In most cases, the statute of limitations is five years. However, that period may be extended in certain circumstances, including when prosecutors seek evidence from foreign countries or when a tolling agreement is reached between the parties.