Corporate & Litigation Investigations and Intelligence
FCPA Compliance Investigations & Due Diligence Services
Navigator Associates has a unique combination of domestic and international skills for investigating allegations of FCPA violations, resolving the issues and/or providing deterrent services. With our Latin American Practice, we can move quickly and confidentially to uncover the facts and resolve the crisis.
Foreign Corrupt Practices Act
Recent years have seen a dramatic increase in the enforcement of the US Foreign Corrupt Practices Act [as amended, 15 U.S.C. §§ 78dd-1, et seq.], commonly referred to as the “FCPA”. Originally enacted in 1977 and amended in 1998, the FCPA specifically outlaws payments to government officials “to assist in obtaining or retaining business.” The antibribery provision applies to all US citizens, residents and companies as well as to foreign individuals and entities if they are involved, directly or indirectly through third party agents, “in furtherance of such a corrupt payment to take place within the territory of the United States.” The UK and the EU have adopted similar legislation. Criminal penalties and fines are significant and the reputational stigma can be devastating for companies subjected to such enforcement actions. Organizations operating internationally, especially in high risk countries, should take proactive steps to mitigate the risk.
Due Diligence on Key Personnel
Navigator’s discreet investigative and research experts probe deeply into the backgrounds and reputations of management teams and key personnel all over the globe. Such vetting is critical when contemplating acquisitions, investments or conducting business in overseas markets in countries with a high risk for corrupt business practices. Has there been a prior history of corrupt behavior? What is the relationship with the organization to key government figures? Does the business have a track record for integrity and fulfilling their financial, legal & ethical obligations?
Vetting Third Party Agents & Other Parties
Like the due diligence process for management teams, it is crucial for companies operating internationally and utilizing third party agents to help generate business to scrutinize these individuals’ history, track record and reputation. Experience tells us that a high percentage of these so-called “five percenters” have unsavory backgrounds and are likely to increase your risk of violating provisions of the FCPA. Navigator’s experts operate worldwide to assist companies in the vetting process of agents, contractors, consultants, key vendors and suppliers as well as customers.
Investigating Allegations of Corruption
Navigator works with counsel and other advisors in conducting professional fact gathering inquiries when allegations of improper conduct arise. Our expert cadre of international investigators, familiar with the language, culture and business environment of countries around the world, can provide crucial information and intelligence to decision makers when faced with allegations of corruption