We help companies uncover and rectify bribery and corruption
Bribery & Corruption Lead – Timothy E. Allen | Former Special Agent (U.S. Secret Service & DOJ-OIG)
Bribery and corruption can threaten companies’ reputations and finances. For government contractors, they can put the company’s government business in jeopardy. Company executives and board members can face criminal prosecution by the U.S. Department of Justice (DOJ), and they can face substantial penalties if found complicit in the unlawful activity.
In short, when company personnel engage in bribery or corruption, this is an extremely serious matter. Even if the personnel involved were unaware that their conduct was prohibited, and even if their conduct was not sanctioned at the corporate level, this won’t necessarily be enough to protect the company entirely. Defending against allegations of bribery and corruption is complicated regardless of the circumstances involved, and, of course, there are no guarantees when dealing with the federal government.
How We Help Companies Deal with Bribery and Corruption
When company leaders have concerns about potential bribery or corruption within their corporate organizations, time is of the essence. Any delays in executing a targeted response could not only allow for further perpetration of prohibited offers transactions, but it could also raise questions about the corporate leadership team’s level of complicity. Once illicit dealings surface or allegations come to light, the clock starts ticking, and it is essential for the company to take concerted action as quickly as possible.
At Corporate Investigation Consulting, we help companies respond appropriately to instances of corporate bribery and corruption. Our corporate consultants bring centuries of relevant experience to the table—including prior experience as high-ranking federal agents who investigated high-profile bribery and corruption cases. Relying on the insights gained from this experience, we are able to get to work immediately assisting our clients with:
Identifying Bad Actors
To combat corporate bribery and corruption, it is first necessary to identify the personnel involved. While this can be fairly straightforward in some cases, it can be a complex process in others. Furthermore, even if you think you know who the bad actors are, (a) you need to be able to prove it before the company takes any sort of adverse employment action, and (b) you need to be absolutely certain that you have identified all of the individuals involved.
From reviewing emails remotely to conducting covert internal investigations, we utilize a variety of different means to identify bad actors in cases of corporate bribery and corruption. In every case, we work closely with our clients’ information technology (IT) teams to ensure that we have the access we need, and we work quickly so that we can help our clients make informed decisions as quickly as possible.
Examining Suspicious Transactions
Just as the personnel involved will be more obvious in some cases than others, the same is true with regard to illicit transactions. While some cases will involve following a literal paper trail, others will require forensic accounting and other sophisticated means of investigation. As a result of our experience, we know what to look for when examining suspicious transactions. We are well versed in the hallmarks of bribery and corruption, and we know how to find the smoke that leads to fire.
Conducting Digital Forensics
In today’s world, digital forensics is a key component of almost any internal corporate bribery or corruption investigation. We have experts in the science of digital forensics on our team—and these experts have specific knowledge about what is relevant when it comes to uncovering bribery and corruption. From searching employees’ phones and laptops to conducting forensic accounting on companies’ servers, we have the capabilities and resources that are needed to find out what you need to know.
Uncovering Corruption in Any Shape or Form
Corruption can take many different shapes and forms. This is one of the principal issues that creates challenges for companies that need to uncover internal wrongdoing, and it is one of the main reasons why corrupt acts go undiscovered in many cases (until federal agents come calling). No matter what, if there is corruption within your corporate organization, we will find it, we will fix it, and we will provide your company with the tools needed to prevent similar issues going forward.
Put our highly experienced team on your side
Roger Bach
Former Special Agent (OIG)
Timothy E. Allen
Former Senior Special Agent U.S. Secret Service
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Maura Kelley
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Marquis D. Pickett
Special Agent U.S. Secret Service (ret.)
Consultants for Federal Bribery and Corruption Investigations
In addition to handling corporate bribery and corruption matters internally, we also consult with companies that are facing federal bribery and corruption investigations. This involves not only dealing with the DOJ, the U.S. Securities and Exchange Commission (SEC), and other federal agencies directly, but also advising our clients regarding FCPA compliance. Demonstrating a commitment to FCPA compliance through the adoption of an effective, custom compliance program can factor heavily in the outcome of federal investigations—and it has been many of our clients’ saving grace.
In federal investigations under the FCPA, the penalties can be substantial. Companies can face fines of up to $500,000 for each individual violation. It is not unusual for aggregate fines to reach into the tens of millions of dollars, and we have seen billion-dollar FCPA enforcement actions in recent years.
Given the risks of facing federal enforcement action, executing a proactive compliance and defense strategy needs to be a top priority. This is true whether the goal is to avoid issues or concerns about bribery or corruption have already come to light. We help our clients make the right decisions at the right times, and we provide strategic insights and guidance that our clients can implement in their operations.
Your Team at Corporate Investigation Consulting
At Corporate Investigation Consulting, our team is your team. We pair our clients with appropriate consultants, digital forensics specialists, and subject matter experts, and all members of our team lend their thoughts when appropriate. When you choose us to guide your company with regard to bribery and corruption matters, you will directly with individuals including:
- Former Senior Special Agents with the U.S. Secret Service
- Former Special Agents with the DOJ Office of Inspector General (OIG)
- Former Special Agents and Supervisory Special Agents with the Federal Bureau of Investigation (FBI)
- Former Special Agents with Internal Revenue Service Criminal Investigations (IRS CI)
FAQs: What To Do (and Not Do) In Response to Possible Corporate Bribery or Corruption
What should corporate executives and in-house counsel do when faced with instances of bribery and corruption?
When faced with an instance of corporate bribery or corruption, the key to mitigating any potential damage is to respond quickly and with a clearly delineated strategy. Now is not the time to make assumptions or rely on insiders (or outsiders) who need to get up to speed. At Corporate Investigation Consulting, our consultants’ experience both as high-ranking federal agents and in the private sector means that they are well equipped to help our clients manage their situations effectively.
What measures can (and should) companies take in response to confirmed instances of bribery and corruption?
When faced with a confirmed instance of bribery or corruption, the most important step is to ensure that the issue does not happen again. This means taking appropriate disciplinary action, and it means implementing corporate policies and procedures that are both comprehensive and tailored. In addition to helping our clients respond to instances of bribery and corruption, we also assist our clients with ongoing FCPA compliance.
Do confirmed instances of bribery and corruption need to be disclosed to the DOJ or SEC?
Deciding whether to disclose instances of bribery and corruption to federal authorities requires a critical assessment on a case-by-case basis. In some cases companies may have a legal obligation to disclose known financial risks in their federal filings. Additionally, when a company is under active investigation, cooperating with federal authorities might be a favorable strategy. With that said, these are extremely delicate matters, and company executives and in-house lawyers need to make sure they are relying on sound advice.
What should I do if I have concerns about my company’s FCPA compliance policies or procedures?
If you have concerns about your company’s FCPA compliance policies or procedures, you should seek guidance immediately. This is not a matter to put off until something goes wrong. We can help you understand your company’s risks, obligations, and needs, and we can help you update your company’s existing policies and procedures to meet contemporary standards.
What mistakes do corporate leaders need to avoid when faced with possible instances of bribery and corruption?
There are several mistakes corporate leaders need to avoid when faced with possible instances of bribery and corruption. But, without a doubt, the most important mistake to avoid is complacency. A delayed response can have cascading negative effects, and there is no excuse for putting shareholders’ investments in jeopardy.
Contact Us for More Information
If you would like to know more about our consulting services for internal or federal corporate bribery and corruption investigations, we encourage you to get in touch. To schedule a confidential initial consultation, please call 866-352-9324 or inquire online now.