Jones Day counsels clients worldwide under the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, while defending investigations, advising on cross-border transactions and assisting in the creation of robust compliance and business ethics programs.

As international trade has grown, so has the legal exposure of companies that deal with foreign governments and state-owned businesses.  Jones Day has the experience and background to help clients comply with the complex anti-corruption laws that govern those relationships, both on an operational basis in a corporate compliance program and in the context of corporate transactions.

When a client faces a potential violation of the law, Jones Day can understand and respond to the matter effectively and efficiently. If the matter requires an internal investigation, the Firm's lawyers around the world can accomplish the task. If the case demands a defense against a criminal inquiry, our lawyers are equipped to respond appropriately, whether under U.S. law or the laws of other countries, including signatories to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Corporations doing business overseas have a legal obligation not to make corrupt payments to foreign officials. Because of the increased enforcement activity, managers and directors who run multinational corporations are rightfully concerned about their compliance efforts. In order to minimize the risks posed by foreign corrupt practices, an organization must have a clear understanding of the practices prohibited by the FCPA and similar applicable laws. Leaders and legal advisors also must remain up to date on the enforcement environment facing the organization. Finally, the managers who run the organization must be able to recognize red flags—circumstances under which the risk of corrupt practices is high and enforcement authorities therefore expect corporations to be particularly vigilant. With this knowledge and a commitment to ethical business practices, an organization can implement an effective compliance program to avoid the pitfalls of public corruption.

An FCPA compliance program can be a tangible means of fulfilling a corporation’s obligation to prevent unlawful corrupt payments in its overseas operations. Such evidence of good business ethics can help a corporation avoid prosecution or reduce the penalty imposed. Indeed, the United States Department of Justice and the Securities and Exchange Commission have expressly identified the existence of a corporate compliance program as a factor to be considered when deciding whether to bring charges against a company. Similarly, federal sentencing guidelines in the United States provide for the imposition of lower fines on companies that have effective compliance programs in place.