FCPA Investigations and Counseling

Munger Tolles has handled a large number of sensitive Foreign Corrupt Practices Act (FCPA) investigations for U.S. multinational and foreign companies throughout Latin America, Asia and Europe. We regularly interface with the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) as well as foreign agencies.

Our team, which includes 8 former federal prosecutors, works efficiently and creatively with enforcement agencies to achieve results. For example, our involvement in investigating and resolving parallel DOJ and SEC investigations into payments made in Thailand, China and the Philippines resulted in what was considered the DOJ’s first non-prosecution agreement in the FCPA context. Additionally, we use cutting-edge tools to review large volumes of documents quickly and efficiently, resulting in a more cost-effective approach. We also counsel our clients on avoiding FCPA problems before they arise, FCPA compliance issues (including policies and procedures) and the possibility of voluntary disclosure while resisting government overreaching.

Key Representations

  • Investigation of payments to a Brazilian government official by a foreign subsidiary of the U.S. parent under investigation by DOJ and SEC following voluntary disclosure.
  • Investigation of payments in Thailand, China, the Philippines, Spain and the Middle East by the acquisition target of a U.S. multinational corporation; negotiated a non-prosecution agreement with the DOJ and an SEC consent decree, allowing the $900 million acquisition to close.
  • Counseling a multinational company regarding the development and implementation of a global FCPA compliance program.
  • Investigation of payments to Chinese and Russian government officials by a foreign subsidiary of a U.S. Fortune 500 company; made a voluntary disclosure to the DOJ and SEC, neither of which took enforcement action.
  • Investigation of entertainment, gifts and other items of value provided to Korean government officials by a foreign subsidiary of a U.S. manufacturer and importer; made a voluntary disclosure to the DOJ and SEC, neither of which took enforcement action. 
  • Investigation of alleged bribes of more than $1 million to Mexican government officials to win a large contract for computer hardware and software; made voluntary disclosures to the DOJ, SEC and Mexican law enforcement officials. Ultimately, no law enforcement actions were taken in the U.S. or Mexico. 

Joseph D. Lee