San Francisco FCPA Violation Defense Lawyer: Professional Guidance for Your Case

Facing FCPA charges in San Francisco? The Law Office of Valery Nechay offers unparalleled defense strategies for businesses and individuals. Learn how our San Francisco FCPA Violation Defense Lawyer can protect your rights and your future.

Defending Your FCPA Violation Charge

Facing an FCPA violation charge is more than a mere legal hurdle; it’s a battle for your reputation and career. An alleged violation of the Foreign Corrupt Practices Act attracts meticulous scrutiny from federal authorities like the Department of Justice (DOJ) and potentially severe consequences. Engaging a lawyer skilled in the nuances of federal law and equipped with extensive legal experience, specifically in FCPA enforcement, ensures that you have an advocate well-versed in what is at stake.

By selecting The Law Office of Valery Nechay, you are opting for a reputable defense team that grasps the severity of FCPA charges. We are astutely aware of the possible effects of such charges on your business’s operational continuance and your personal liberties. We take pride in our ability to navigate these charges with precision and the utmost professionalism to safeguard your interests.

Understanding the FCPA

The 1977 Foreign Corrupt Practices Act (FCPA) is a law that aims to combat bribery and maintain accounting transparency in US businesses engaged in international business transactions. It is one of a number of international anti-corruption laws enacted in the US. The Act applies to two groups of people – US citizens and entities engaged in business outside the US; and foreign persons or firms engaged in international transactions within the US.

Key Provisions of the FCPA

  • Anti-Bribery: It is unlawful for certain U.S. persons and entities to offer, pay, or promise to pay money or anything of value to a foreign official with the corrupt intention to influence an act or decision for the benefit of their business. In the same vein, it is illegal for a foreign entity or person to facilitate directly or indirectly, any corrupt payments in US territory.
  • Accounting Transparency: The FCPA requires companies with securities listed on U.S. stock exchanges to maintain accurate books and records and to have a system of adequate internal accounting controls.

    The FCPA’s anti-bribery provisions are very encompassing, even extending its jurisdiction to include the foreign subsidiaries of U.S. businesses. US companies (private and public), as well as citizens and residents alike, can face scrutiny under the FCPA. However, its accounting provisions are limited to publicly traded companies.

    Nevertheless, it is important to be on the alert when engaged in any form of international business and to consult an White collar criminal defense attorney as soon as you get wind of such accusations against you or your company.

    The SEC and DOJ’s Enforcement Roles

    The FCPA is jointly enforced by the Securities and Exchange Commission and the Department of Justice, each of which play distinct roles.

    • Securities and Exchange Commission (SEC): The SEC is a securities enforcement agency. Among other things, it is responsible for the civil enforcement of the FCPA’s provisions, especially those related to accounting transparency. An example of their enforcement is the case against Microsoft Corporation, where they settled charges for FCPA violations, highlighting the significant financial implications and reputational risks for businesses.
    • Department of Justice (DOJ): In contrast, the DOJ takes the lead on criminal enforcement. The DOJ conducts government investigations into the alleged misconduct via the US attorney’s office in the relevant district. If a case is made, the federal prosecutor takes up the case and pursues criminal penalties like imprisonment and fines for the accused individual.

      Actions that Constitute FCPA Violations

      The intricacies of the Foreign Corrupt Practices Act (FCPA) are numerous. FCPA infractions most commonly involve illicit inducements to foreign officials and accounting malpractice.

      1. Bribing Foreign Officials: Under the FCPA, bribery presents as an unlawful offer, payment, promise to pay, or authorization of the payment of anything of value to a foreign official intending to influence a decision or gain an unfair advantage. Consider an employee of a company who furnishes a monetary gift or pays for extravagant travel of a foreign government representative in exchange for winning a contract—this is a quintessential bribery scenario under the FCPA.
      2. Improper Financial Arrangements with Government Entities: The FCPA prohibits engaging in unethical financial transactions or agreements with foreign government-owned or controlled companies to gain business advantages. This also includes providing payments to expedite or secure routine governmental actions by foreign officials, such as processing permits or licenses.
      3. Using Intermediaries to Conceal Bribes: This involves employing third parties, such as agents, consultants, or intermediaries, to make improper payments on behalf of the company to foreign officials.
      4. Political Contributions to Influence Business Decisions: Making political contributions or promises of future employment or business opportunities to foreign officials or their relatives to influence official decisions violates the FCPA.
      5. Accounting Irregularities: The record-keeping provisions of the FCPA mandate businesses to maintain precise books, records, and accounts, which accurately reflect transactions and dispositions of assets. This prevents companies from disguising illicit payments in their accounting records. Slip-ups often transpire when businesses fail to implement robust internal controls, thus paving the way for undetected misuse of funds. Failure to keep adequate records or falsifying books and records to conceal improper payments constitutes an FCPA violation.

      Penalties for FCPA Violations

      Culprits may endure severe criminal law repercussions, including hefty fines—the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) are empowered to impose millions of dollars in fines for infractions. These include civil fines as well as penal fines. Penal punishment also includes the possibility of years of imprisonment in a federal prison. FCPA enforcement actions can also material reputational damage.

      How The Law Office of Valery Nechay Can Help

      In the complex labyrinth of federal regulations, organizations and individuals in San Francisco can find themselves at the sharp end of a Foreign Corrupt Practices Act (FCPA) violation charge. Our law office stands poised to provide unwavering defense against all allegations of white-collar crime.

      • Comprehensive Defense Strategies
        We understand that FCPA allegations require a nuanced approach; hence, our defense strategies are as multifaceted as the law itself. We engage in meticulous preparation outside the courtroom, conducting an internal investigation to discover material facts in our client’s case if need be. Armed with our skill and knowledge, we head to the courtroom to assertively defend our clients’ rights.
      • Experience and Proficiency
        Clients benefit from our proven history of navigating the convoluted terrain of FCPA cases. With a solid understanding of both the law and its intent, our attorneys craft defenses that are anchored on informed legal strategies. Our experience encompasses litigating federal cases in the United States District Court, so rest assured you are in safe hands.
      • Personalized Attention
        Every case presents its unique intricacies. We are dedicated to offering personalized attention to each client, identifying specific areas of vulnerability and strength to better serve their individual legal needs, and striving to protect their professional and personal livelihoods.

      Contact The Law Office of Valery Nechay

      Engaging with legal professionals who prioritize ethical standards and rigorously devised defense strategies is essential for your case. With us, you enjoy a rigorous defense process from the pre-trial stage, where we engage in thorough internal investigations and strategy building as the case may require. You get a fine-tuned defense that is carefully put together to fight against your FCPA violation charges. We invite you to contact our law office in San Francisco, CA, to set the keystone for impeccable representation.

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      If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.