Battle Strategies for an FCPA Investigation
With Foreign Direct Investment (FDI) norms relaxed in India, business is booming and the economy has seen a flurry of activity. Including a significant increase in collaboration between Indian and foreign companies.
Greater influx of multinational companies and global investments in Indian companies has also increased the purview of Anti-Bribery and Anti-Corruption (ABAC) laws and regulations. In addition, enhancement of corporate governance procedures and an increase in whistle-blower allegations has led to a greater number of violations. While most companies have internal protocols and procedures to conduct an ABAC investigation, there are certain measures and protocols especially in investigating Foreign Corrupt Practices Act (FCPA) cases which have proven effective. This article attempts to summarise these best practices.
Addressing the requirements of an FCPA investigation
The first step in any FCPA investigation is to identify the objectives and scope of the investigation. It could be initiated as a result of an allegation or a suspicion or it could be a result of the findings from the internal reviews of the company. It is imperative for the organisation to determine the purpose for which the FCPA investigation has to be conducted. This will help draw up an investigation plan which meets the objectives of the investigation.
Preparing for the investigation
Even before the investigation has started, it is advisable to consult the legal team to strategise and plan the investigation work. Investigations initiated without proper legal advice and planning often turn out to be counterproductive.