Anti-Corruption & FCPA

Client work includes conducting investigations into anti-corruption compliance issues in numerous regions and countries around the world.  Our investigative work is closely intertwined with corruption risk assessments, anti-corruption compliance program evaluation, and implementation of remedial measures.  Our recent investigative work has included:

• Representing a multinational telecommunications company in an investigation involving potentially improper payments to government officials in Latin America.
• Representing a multinational technology company in a government and internal investigation regarding allegedly improper business practices in several countries, including Russia.
• Conducting investigations for a large U.S. international construction and engineering company into alleged improper payments made in connection with bids for various government contracts in the Middle East.
• Advising a major U.S. pharmaceutical company with respect to an investigation involving potentially improper payments to government officials in China, Germany, India and Russia.
• Representing a large Dutch company in an internal investigation involving potentially improper payments to government officials in Southeast Asia.

Gibson Dunn lawyers speak more than 30 different languages.  As a result of these comprehensive skills, we often conduct investigations entirely in the local language.  Among our experienced white collar lawyers, we have extensive foreign language capabilities, including fluency in Arabic, Bahasa Malay, Bulgarian, Cantonese, Farsi, French, German, Greek, Hebrew, Hindi, Hungarian, Italian, Japanese, Korean, Mandarin, Polish, Portuguese, Russian, Spanish and Ukrainian.  We frequently utilize experienced anti-corruption lawyers in our offices in Dubai, Hong Kong, London, Munich and São Paulo, among others.

Clients have trusted us to handle their most significant enforcement matters.  In addition to numerous nonpublic matters, recent high-profile public resolutions we have helped to secure for major clients include the following:

• Represented Hewlett-Packard in a multinational joint DOJ/SEC investigation into allegations of bribes allegedly given to government officials in Russia, Poland and Mexico.
• Represented Weatherford International and its subsidiaries in a joint DOJ/SEC investigation into alleged corrupt transactions in the Middle East and Africa.
• Represented Allianz in connection with resolving alleged corruption issues in Asia and Europe, persuading the DOJ not to prosecute the company criminally and negotiating very favorable terms with the SEC, including a rare cease-and-desist settlement on books-and-records charges only.
• Represented the General Electric Company in a joint DOJ/SEC investigation into alleged payments to the government of Iraq in connection with the United Nations Oil-for-Food program.  Of the 19 companies to settle Oil-for-Food-related charges, GE was the only company to receive a declination of criminal prosecution from DOJ.
• Secured closure of an SEC investigation of Wynn Resorts and the agency’s decision not to pursue any enforcement action against it.  Gibson Dunn represented the company in connection with allegations that its donation to the University of Macau and activities related to its casino or concession licenses or renewals in Macau violated the FCPA.
• Successfully represented a former corporate executive, Stuart Carson, CEO of a California-based industrial valve manufacturer owned by British firm IMI plc., indicted in connection with alleged violations of the FCPA and Travel Act and facing 15 years in prison.  The indictment charged six defendants with a scheme to pay millions of dollars in alleged bribes to foreign officials in more than 30 countries.  The case, one of the few FCPA prosecutions litigated in federal court, broke new ground regarding, most notably, the definition of the term “foreign official” as used in the FCPA.  After more than four years of litigation, Gibson Dunn secured a very favorable settlement with the DOJ, resulting in a sentence of only four months in custody.
• Represented James Ruehlen, an executive of Noble Corporation whom the SEC charged in February 2012 with alleged FCPA violations arising from Noble’s alleged payment of monies to Nigerian customs officials.  Through its groundbreaking motion to dismiss the charges, Gibson Dunn succeeded in dramatically stripping down the SEC’s claims and setting a significantly higher standard of proof for trial.  This led to an eve-of-trial settlement in which the SEC did not impose a monetary penalty, require an admission of liability, or bar Mr. Ruehlen from working for a publicly traded company.

• Representing numerous technology and telecommunications companies in FCPA investigations by the DOJ and SEC.
• Representing companies in the consumer products, test and measurement, life sciences, water treatment, health care, telecommunications and advertising sectors in internal investigations regarding allegations of improper payments.
• Representing a number of private equity firms in due diligence on prospective investments and leading the post-investment development of compliance policies and controls.
• Serving as lead counsel for a multinational Fortune 500 pharmaceutical company in an FCPA investigation by the SEC and DOJ, which has included an FCPA compliance review of the company’s operations in multiple countries, including the entirety of its business units in China.
• Representing a multinational nutrition products company in an FCPA investigation by the SEC and DOJ into conduct in China, which has involved advising the company on numerous aspects of its global anti-corruption compliance program.
• Regularly conduct compliance training and compliance risk assessments for clients and their China-based portfolio companies and joint ventures.
• Represented the controller of a large U.S. steel manufacturing and metals recycling corporation in an investigation involving alleged bribes to purchasing agents of government-owned steel mills in China.
• Defended the CEO and chairman of a U.S.-listed Chinese “reverse merger” company in connection with an SEC inquiry and audit committee investigation.
• Advised a Fortune 50 global retailer on FCPA issues specific to its retail operations in China, which was among several compliance-related engagements undertaken by Gibson Dunn for the company in the wake of FCPA allegations, including a comprehensive review of the investigative and ethics functions at the company.
• Conducted a global risk assessment for a Fortune 50 retailer that included fieldwork in China, India and the company’s headquarters, in addition to compliance program and risk assessment advice.