FCPA DOJ: WHAT YOU NEED TO KNOW

Spodek Law Group, which was created by Todd Spodek, is a nationwide federal defense law firm that has a deep understanding of the Foreign Corrupt Practices Act (FCPA). This law that was passed by Congress in 1977 is something that federal prosecutors take very seriously. If you find yourself facing FCPA-related accusations, you may be dealing with investigations by the Department of Justice (DOJ) or the Securities and Exchange Commission (SEC). These government agencies have the power to charge both individuals and companies with crimes that involve bribery of foreign officials, and they have the ability to impose massive penalties. We at Spodek Law Group have over 50 years of combined experience, and our team that was assembled by Todd Spodek has guided countless clients through some of the toughest federal cases nationwide.

Below, we will explain the FCPA and how the DOJ enforces it. We will also discuss the possible penalties, plus ways our legal team can help you. We understand that you want answers. We also understand that this can be a complicated topic. That is why we will keep this discussion at a high school reading level, and we will use short, direct statements.

WHAT IS THE FCPA?

The FCPA that was enacted by Congress is a federal law that aims to reduce bribery of foreign officials. It forbids both American citizens and foreign companies that are listed on U.S. stock exchanges from giving or offering anything of value to overseas officials with the goal of getting or keeping business. People who are found guilty of violating the FCPA could face prison time, and companies that are convicted could face very large monetary fines. These severe consequences can change the future of any person or business.

Even if you never thought you were doing anything wrong, you could still be at risk if you made a payment that was seen as a bribe. It is important to realize that ignorance will not protect you. The DOJ that reviews potential violations can pursue charges even if you did not know your actions broke the law. That can lead to unexpected federal charges and other punishments that might include criminal or civil penalties.

We want you to understand that this law is not just about paying officials in cash. The FCPA also covers gifts, travel expenses, charitable contributions, or any other item of value that was offered to get a favor. If prosecutors think you had a corrupt intent, they could bring charges. That can result in serious damage to your reputation, steep penalties, and the possibility of a criminal record.

HOW THE DOJ ENFORCES THE FCPA

The DOJ that was granted enforcement authority by Congress has a specialized unit for FCPA cases. This team works to detect bribes, gather evidence, and charge people or businesses when there is enough proof of wrongdoing. The DOJ that works with other agencies can perform raids, seize records, and interview witnesses. When there is a suspicion of bribery, the prosecutors who handle FCPA cases often invest significant resources in building a case against potential violators.

Why should you care? Because the DOJ that prosecutes these crimes is determined to send a strong message about how seriously it takes corruption. If you are under investigation, you face the risk of having your assets seized, your travel limited, and your personal life disrupted. The impact on your freedom and finances can be very hard to manage. Large companies that thought they were safe have learned the hard way that the DOJ does not back down when it has compelling evidence. This is a warning that should not be ignored.

POTENTIAL PENALTIES AND CONSEQUENCES

Penalties that may be imposed by the DOJ can include:

• Criminal fines that can exceed millions of dollars for companies
• Prison sentences that can be as long as five years for individuals
• SEC fines that can be substantial and include disgorgement of profits
• Corporate probation that may require monitoring and compliance programs

Prison time that can last for years is the most feared punishment for many people. That can mean losing your freedom and living with a criminal label that will follow you for the rest of your life. Your family might struggle with the emotional and financial stress of having you behind bars. Your career prospects could be ruined if potential employers learn about your conviction. Even if you avoid prison, the fines that you pay can wipe out your savings and leave you with large debts. These outcomes can haunt you in your personal and professional life.

Companies that are found liable can also face staggering fines that can force them to cut workers and close branches. Damage to a company’s brand can make customers and partners avoid future deals, which can lead to lost opportunities. That can be a permanent blow to any corporation’s reputation. Executives who were unaware of bribes can still be at risk, which creates a stressful environment where one person’s poor judgment can hurt everyone.

DEFENSE STRATEGIES THAT WE USE

Our Spodek Law Group that focuses on federal defense uses strategies that reflect our deep experience handling nationwide cases. Below are some of the major tactics that we might use on your behalf if you face FCPA accusations:

• Challenging Evidence that was gathered unlawfully: If agents conducted searches without warrants or used coerced statements, we can file motions to exclude that evidence. Evidence that was illegally obtained may be thrown out, which often undermines the government’s entire case.
• Arguing Lack of Corrupt Intent that was required by law: Prosecutors need to show that you had a corrupt motive. If our investigations show you were following routine business procedures, we can argue there was no illegal intent. A strong argument here can lead to dropped or reduced charges.
• Establishing Mistaken Identity that was overlooked by investigators: In large global transactions, it is easy for people to confuse which party authorized a suspicious payment. We can pinpoint the real culprit, which may clear you of wrongdoing.
• Plea Bargains or Cooperation that was beneficial: Sometimes cooperating with investigators might lead to leniency. If that path benefits your situation, we can negotiate with prosecutors to reduce your charges or minimize your penalties.

Our attorneys that have handled high-profile cases across the United States are ready to fight aggressively for you. We are prepared to pick apart the government’s case, call out weak evidence, and protect your rights at every stage of the criminal process. That will help shield you from the worst consequences, which can include a felony record, job loss, or other life-altering setbacks.

WHY CHOOSING THE RIGHT DEFENSE TEAM MATTERS

Hiring a legal team that understands the FCPA, the DOJ’s methods, and the complexities of white collar prosecutions is crucial. A lawyer who has only dealt with minor local offenses will not be prepared to deal with the intense nature of a federal investigation. At Spodek Law Group, we work closely with experts, investigators, and forensic accountants who specialize in complex financial cases. That can be the difference between a dismissed charge and a long prison sentence.

Ignoring your case will not make it go away. If you brush off a subpoena or fail to respond to an official inquiry, you risk making the government think you are hiding something. That can lead to harsher scrutiny, larger fines, and stronger pushback from prosecutors who want to make an example out of you. By taking immediate steps to find capable lawyers, you can cut down on the risk of severe punishment. That might save you money, protect your freedom, and preserve your ability to run your business.

You need attorneys who tell you the truth. We do not sugarcoat the situation or give you false hope. If we think you are exposed to a prison sentence, we will inform you. We will also create a plan to help you fight back. That includes investigating all the possible angles, collecting all relevant documents, and talking to witnesses who can testify in your favor. Because we are very direct, we do not encourage you to make excuses that only delay progress. If you want to protect your future, you have to take bold and immediate action. We will not allow you to settle for half-measures that accomplish nothing.

COMMON QUESTIONS ABOUT THE FCPA: QUICK-REFERENCE TABLE

WHAT SHOULD YOU DO IF THE DOJ CONTACTS YOU?

First, do not panic. A sudden call or visit from federal authorities can be scary, but panicking can lead you to say or do something that makes things worse. Second, do not offer any statements or documents before you talk to a lawyer. You might think you are helping yourself by appearing cooperative, but you could accidentally reveal something that is damaging. The safest option is to hire our team so that we can handle communication for you. That will help avoid missteps and focus on preserving your rights.

Third, gather any records that might be related to the allegations. That could include transaction receipts, emails, or phone logs. This evidence that was kept in an organized manner may help our attorneys see the entire picture. If you hide or destroy materials, you could face obstruction of justice charges. That can add years to a potential sentence and create new, separate legal issues.

Last, remember that even if you feel certain you have nothing to hide, the DOJ could see things in a different light. That is why you need legal guidance. We can act as a buffer between you and prosecutors, which can protect you from intimidation and sloppy interview tactics.

OUR COMMITMENT: AGGRESSIVE DEFENSE FROM SPODEK LAW GROUP

At Spodek Law Group, we do not offer illusions. We do not make shallow promises. We provide you with a clear assessment of your risks. Then, we push you to help us gather the best evidence and build an effective strategy. We will call out any weak spots in your case or in your plan of action. That direct approach that focuses on root causes is our way of ensuring maximum impact. We do not want partial solutions that solve nothing. Instead, we push for strong resolutions that keep you out of jail and protect your financial well-being.

We have handled many federal cases involving complex laws like the FCPA. We are not afraid to face aggressive prosecutors. We also know how to negotiate and, if necessary, take your matter to trial. Our holistic view of federal law, combined with decades of criminal defense experience, puts us in an excellent position to protect you. That can mean the difference between success and a worst-case scenario.

If you or your business is under investigation for FCPA violations, contact us right away. Our attorneys that were trained in the toughest courts nationwide are available 24/7 to give you a risk-free consultation. We do not waste time on excuses or blame games, because that approach accomplishes nothing. Instead, we demand that you work with us to collect the right documents, build a strong defense, and prepare for whatever happens next.

NO ATTORNEY-CLIENT RELATIONSHIP WITHOUT SIGNED AGREEMENT

The information that was included in this article is not legal advice. We recommend that you speak to an attorney who is licensed in your state before taking legal action. Reading this article or contacting us does not create an attorney-client relationship. Every case is different, so outcomes may vary. Our law firm, Spodek Law Group, expressly disclaims all liability if you act or fail to act based on what you have read here. We are here to help you with a formal engagement if you wish to retain us.

We look forward to hearing from you. If you are serious about defending your rights and your freedom, then we want to speak with you. Contact us now, and let us use our experience to protect you from the crushing fines and the prison sentences that the DOJ often pursues in FCPA cases. When the stakes are high, every moment counts.