In this article, the fifth in a continuing series, Homer Moyer discusses the increasingly overwhelming costs of FCPA investigations and offers suggestions for how a company's board of directors can keep costs in check when faced with an investigation. With costs ranging from $19.5 to more than $345 million in public filings, the "reported costs of FCPA investigations are at levels widely regarded as breathtaking," Moyer said. He outlines several factors for board members to consider to manage expenditures, including retaining an efficient law firm, determining whether to hire skilled forensic accountants, defining the scope of an investigation in advance, and knowing when to stop an investigation. While investigations are generally handled by management as opposed to the board of directors, "savvy board members who understand potential cost escalators can provide great value to their companies by helping them avoid runaway costs," he said. This article is the fifth in an FCPA-related series written by Moyer.
Click below to access each of the articles in this series.
Board Members, Meet the New FCPA
The Global Transformation in Laws Against Foreign Bribery
Board Oversight of FCPA Compliance
To Disclose or Not To Disclose--A Recurring FCPA Question
Becoming an FCPA-Savvy Director