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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



FOREIGN CORRUPT PRACTICES ACT FCPA LAWYERS

FOREIGN CORRUPT PRACTICES ACT

FCPA 

The Foreign Corrupt Practices Act penalties can be very serious and cases can be riddled with complexities. This legislation was introduced in 1977 for the purpose of preventing U.S. corporations from bribing foreign officials. The FCPA makes it unlawful for any U.S. corporation or individual, and also certain foreign entities, to give money or anything of value to a foreign government official for the purpose of obtaining or retaining business for, or with, or directing business to, any other individual. There are accounting requirements built into the act that obligate public companies to maintain records that show the company’s transactions.

Who Does the Foreign Corrupt Practices Act Apply To?

Among those who are subject to the FCPA are “issuers” and “domestic concerns”.

  • An “issuer” is basically a company that has securities traded or is otherwise obligated to submit filings with the SEC.
  • A “domestic concern” is any organization that resides in the United States. or any individual who is a resident, national, or citizen of the U.S.

The FCPA may also apply to foreign corporations and persons if certain territorial jurisdictional requirements are satisfied. Indeed, several of the most highly publicized FCPA cases involved foreign firms and persons.

What Qualifies as “Anything of Value” under the FCPA?

The term “anything of value” covers many forms of payment including cash, vehicles, travel expenses, company shares, and even educational expenses.

What Does the Term “Obtain or Retain Business” Mean Under the FCPA?

This is most often associated with a government contract.  That said, the statute prohibits a much wider swath of business activities and transactions.

Penalties for Violating the Foreign Corrupt Practices Act

The Securities and Exchange Commission (SEC) handles civil enforcement of this law, while it is enforced criminally by the Department of Justice.  The way in which an investigation proceeds can differ widely depending on whether the target is an individual or a corporation.  FCPA investigations typically don’t result in criminal charges being filed against a corporation.  In lieu of prosecution, the government and the corporation will customarily reach a settlement agreement before any court action is taken.  The settlement is known as a non-prosecution agreement or a deferred prosecution agreement.  In it, the corporation admits to the violations and agrees to make changes to its internal policies and practices.  Once successfully completed, the charges against the corporation are dismissed. As far as an SEC investigation is concerned, a corporation usually settles a civil complaint filed by the SEC or resolves the case in an administrative order.

Charges are more likely to be filed against an individual, exposing them to severe repercussions. According to the FCPA, any officer, director, employee, or agent of an issuer or stockholder acting on behalf of such issuer, who willfully violates the anti-bribery provisions, is subject to fines up to $100,000 and five years behind bars. For corporations, the fine is up to $2 million.  It is worthy of note that willful violations of the FCPA’s accounting requirements subject individuals to huge fines of $5 million and a term of 20 years.  Corporate fines can soar as high as $25 million.

THE SIEMENS AG CASE

This industrial and consumer product manufacturer based in Munich, Germany pled guilty to bribery charges and also to violating accounting provisions. Siemens AG arrived at a settlement in the amount of $800 million, in December 2008.  The company agreed to pay $350 million to the SEC in disgorgement and $450 million to the U.S. Department of Justice in criminal fines. On top of that, the company was responsible for a fine of more than $5.5 million to the Office of the Prosecutor General in Munich.

Linda Chatman Thomsen, Director of the SEC’s Division of Enforcement, stated that the scale of Siemens’ nearly $1.5 billion in foreign bribery was unprecedented, involving government officials from Africa, the USA, Asia, Europe, and the Middle East. It was also discovered that in addition to more than 4,200 payments to bribe government officials worldwide in exchange for business to Siemens, the corporation made more than 1,000 other payments in the sum of nearly $400 million to third parties for embezzlement and other illicit and unethical causes.

Defending Foreign Corrupt Practices Act Cases

The FCPA contains just one exception.  The legislation provides that the anti-bribery provisions do not apply to any facilitating or expediting payment to a foreign official, political party, or a party official the purpose of which is to expedite or to secure the performance of a routine governmental function by a foreign official, political party, or party official.

The act also provides for two affirmative defenses.

  1. One affirmative defense is possible where payments remitted were lawful under the written laws of the foreign official’s country.
  2. The second affirmative defense comes into play if the payment was a reasonable and bonafide expenditure, such as travel and lodging expenses, that was incurred by or on behalf of the foreign official and was directly connected to the promotion, demonstration, or explanation of products or services or the execution or performance of a contract with a foreign government or agency thereof.

Additonal  to these affirmative defenses is the fact that an individual charged with an FCPA violation may have a multitude of other defenses that could be raised at trial.  For example, an individual might have had no knowledge that there was a payment made. A payment may have been made in good faith. In other scenarios, the “government official” might not have been a government official as defined for the purpose of this law.  The most effective ddefense to use will depend on the unique collection of facts for each case.

Call us today for your free and confidential consultation with one of our experienced Foreign Corrupt Practices Act attorneys.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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