FCPA & International Anti-Corruption

Miller & Chevalier is recognized by Chambers Global and Chambers USA as a leader in FCPA-related and global anti-corruption investigations, counseling, and compliance. We are consistently ranked as a top five FCPA firm by Chambers USA, which points to our "broad spread of talent at both partner and associate level" and notes we are "frequently called upon to handle high-stakes global investigations involving jurisdictions considered at high risk for corruption." For nearly 40 years, from our offices near the FCPA enforcement agencies in Washington, DC, we have partnered with our clients to help them successfully manage and prevent significant FCPA and corruption-related financial and reputational risks.  

Our clients include a cross-section of Global 100 corporations as well as emerging companies and individuals, many of who have engaged us for a decade or more as they have expanded their businesses around the world. Our team of lawyers includes one of the "deans of the international trade bar" (according to Chambers), former prosecutors, former in-house counsel, and several current and former independent compliance Monitors. 

Global Reach

By their nature, cross-border anti-corruption investigations involve multiple locations, countries, and regulators operating under a variety of legal frameworks. As noted by Global Investigations Review (GIR), the firm is "truly international in scope" and "regularly advises on some of the biggest cases." Lawyers on our team have a deep understanding of anti-corruption requirements around the world, including the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act of 2010, laws implementing the OECD Anti-Bribery Convention and the Inter-American Convention Against Corruption, and the U.N. Convention Against Corruption. As a result, we are adept at helping our clients navigate issues across borders and involving multiple jurisdictions.

Our deep and diverse team enables us on short notice to deploy experienced anti-corruption lawyers ranging from junior associates to senior members from our offices in Washington, DC, close to U.S. enforcement agencies, to locations around the globe. Our team's effectiveness is enhanced by our lawyers' multi-cultural backgrounds and fluency in 13 languages. Our lawyers have made more than 250 trips to more than 80 countries on six continents. Our clients have found this rapid response approach to be efficient and effective for managing complex corruption-related issues.  

Our Capabilities

Our work causes us to deal frequently and extensively with the U.S. enforcement agencies, and we also have significant experience in managing contacts with regulators all over the world. Our experience and relationships with government regulators means we can provide our clients with insights into how FCPA and other enforcers are likely to approach issues. We bring credibility and consistency to our work, whether in fairly disclosing investigative results, urging a declination, or representing a commitment a client has made. It is no wonder that GIR found that the team "is recognized for its ability to secure favourable settlements with authorities." 

The extent of our practice and the number of lawyers at all levels who have worked on complex FCPA and other anti-corruption matters means that we are steeped in common fact patterns and legal issues that can arise in the many jurisdictions in which our clients operate. This results in lean staffing, minimal learning curves, and efficient problem solving for our clients. We and our clients also have found cost-effectiveness in using our core teams of experienced lawyers over regional or local offices or counsel with little anti-corruption experience. Our clients' matters also often involve economic sanctions, export controls, and anti-money laundering issues so they benefit from our recognized leadership in those areas as well. 

Our Clients

Our clients are our strongest calling card and we are proud to have represented so many global players over the years. We represent large multinationals from virtually every industry and many different countries, as well as emerging companies. We frequently advise our clients' boards, audit committees, and senior management, as well as individuals, accounting and auditing firms, governmental entities, and other law firms. 

Our Track Record 

Our team has conducted significantly more than 100 independent internal investigations, advised on due diligence and other issues in transactions exceeding $100 billion in total value, and helped develop, test and improve more than 200 anti-corruption compliance programs for clients. In addition, lawyers at the firm have been selected as Independent FCPA Compliance Monitors four times, among the most of any firm, and we have served as counsel to an additional ten companies navigating a monitorship or self-reporting obligations. Members of the practice have served as Monitors in non-FCPA matters that nonetheless share similar issues and require strong compliance program experience.

Matters we have handled include the first FCPA Deferred Prosecution Agreement (DPA) accepted by the U.S. government, the first DPA that the government agreed to terminate before its term had run, and many cases that resulted in declinations, including some that included lengthy government investigations.