The Foreign Corrupt Practices Act—better known to some as the FCPA—is a federal law regulating how companies conduct business outside of the United States. Violations can result in steep monetary fines, the prospect of a prison sentence, and increased scrutiny from the Securities and Exchange Commission (SEC).
If you have been accused of violating federal law, a Greenville FCPA lawyer is here to help. There are often ways to resolve these issues without ending up with a criminal record. Instead of dealing with the authorities on your own, you may benefit from relying on the counsel of a skilled federal crime attorney.
The FCPA criminalizes bribery of a foreign official. The act must be intended to secure or maintain a business advantage or opportunity in that country. These regulations apply to a wide variety of companies, including those based in the U.S. or traded on the stock exchange.
The Act also requires accurate record keeping. Companies doing business overseas must maintain a host of records and provide a transparent process for combating corruption. In addition to penalties for the company itself, certain managers, owners, directors, and shareholders might also face legal jeopardy following a violation.
Investigations into potential FCPA violations often begin with the SEC. While it enforces compliance, other agencies are tasked with investigating whether businesses follow a host of laws related to conduct overseas. In addition to the SEC, the U.S. Department of Justice (DOJ) can play a significant part in these cases.
Although many actions can potentially violate the FCPA, there are specific situations where the authorities are more likely to investigate overseas transactions. This is where the role of compliance is crucial, as many of the mistakes that ultimately lead to a violation are preventable. Some of the transactions that can trigger red flags for federal investigators include the following:
The reality is that many investigations result from above-board transactions and honest mistakes. You have the chance to defend your name and reputation in these scenarios by relying on our Greenville FCPA attorneys at Ellis Hinton.
When a corporation is found guilty of violating this statute, it faces a maximum fine of $2 million. In addition to these monetary penalties, individual consequences are possible for certain managers and directors. Someone who violates the FCPA while acting on a company’s behalf could be fined up to $100,000 and be required to serve a prison term of five years.
Bribing a foreign official is a criminal act. Just like with any other criminal statute, you are entitled to a vigorous defense. Our FCPA lawyers in Greenville could mount a strategy spanning across multiple countries to prove you are not criminally liable for any wrongdoing.
There is no question that violating the FCPA statute brings serious consequences. If you are found guilty, you could be personally responsible for a six-figure fine and spend several years of your life in federal prison.
The good news is that our firm is here to help. Our team is based in Greenville and serves South Carolina and beyond. Our Greenville FCPA lawyers, who have experience as federal prosecutors, can develop a strong defense in your case. Call today to schedule an initial consultation with a seasoned criminal defense attorney.
(864) 775-5775 