Lawyers for corruption and bribery
Bribery and corruption accusations are among the most serious offenses in the United States. These cases strike at the very heart of public trust, undermining the foundations of corporate culture, government institutions, and distorting the principles of fair competition in the economy, highlighting the need for transparency, as emphasized by Transparency International.
Federal law enforcement agencies, including the Department of Justice (DOJ) and the FBI, allocate tremendous resources to investigating and prosecuting these cases. The stakes in such cases are extremely high. The accusations threaten not just financial well-being; they carry a real risk of lengthy prison sentences, confiscation of assets earned over years, and the irreversible destruction of professional reputation.
When such investigations reach an international level, the complexity of the case increases exponentially, involving foreign jurisdictions, extradition treaties, and potential INTERPOL red notices. Faced with such pressure, it is crucial to immediately enlist the support of experienced attorneys specializing in corruption and bribery cases. Our firm provides strategic, reliable defense to clients facing charges in the U.S. and within the framework of complex cross-border investigations.
What is state corruption and bribery?
Although these terms are often used interchangeably, bribery, a broader term, refers to a clear legal rule that is crucial for building an effective defense. Understanding these differences, especially how bribery relates to public and private sectors and private gain, is crucial for building an effective defense and maintaining integrity.
State corruption (Public Corruption) is a broad concept encompassing the abuse of entrusted power for private gain or personal gain. It is a violation by an official of their duties to society, especially when it involves the misappropriation of public money, which can severely hinder economic development, and is often linked to money laundering.
Corruption includes extortion, embezzlement, nepotism, or the use of confidential state information for personal purposes. Federal prosecutors actively pursue cases where an official, whether elected or appointed, demands, accepts, or agrees to accept something of value in exchange for their actions.
Bribery refers is a more specific crime, representing a service for a service (quid pro quo), and can take many forms, which may include facilitation payments. It includes two main elements that compliance professionals must address.
- An offer, promise, or provision of something valuable (money, gifts, services, employment) to a government official or to commercial organizations must be accompanied by compliance with regulations and adequate procedures.
- The intention to influence the official action, decision, or inaction of this official raises significant ethical concerns and carries a substantial risk.
It is important to note that both parties commit a crime: the one who gives the bribe and the one who takes it, abusing their entrusted power, and this raises issues of accountability. Moreover, the law punishes even for an attempt to give a bribe, regardless of whether the official accepted the offer or not, especially in cases involving suspicious transactions.
The Devastating Consequences of a Guilty Verdict
The federal government views crimes related to corruption as a direct threat to democracy and integrity, which is reflected in the severity of punishments. The stakes for anyone under investigation—be it a public official, a corporate executive, or a private individual—are enormous. The consequences go far beyond the courtroom and can change lives forever.
Facing a federal charge, particularly within financial institutions, potential bribery penalties include:
- Lengthy prison terms. Many federal anti-corruption laws provide for a maximum penalty of 10, 15, or even 20 years of imprisonment for each proven episode.
- Huge financial fines. Fines can amount to hundreds of thousands of dollars for individuals and millions for corporations. Often, they are calculated as a multiple of the bribe received or the damage caused.
- Confiscation of assets. The government has the right to confiscate any assets obtained as a result of criminal activity (proceeds of crime), as well as property used for its commission.
- Restitution. The court may require the defendant to compensate for the damage caused to the victims, who may be government institutions or competing companies.
- Professional collapse. For government officials, this means immediate loss of position and a ban on holding government posts in the future. For executives and companies, this may mean a ban on doing business with the government (debarment) and the loss of professional licenses.
- Irreversible reputational damage. A public accusation of corruption leaves an indelible stain, destroying a career and personal relationships.
The legal framework of the USA: Comprehensive anti-corruption legislation
Defense in financial crime and corruption cases requires a deep, sophisticated understanding of the complex web of federal laws. Prosecutors often use multiple statutes simultaneously to exert maximum pressure. Our expertise covers all the key acts that form the foundation of U.S. anti-bribery legislation, and we can provide further resources to navigate these complex laws.
The U.S. Foreign Corrupt Practices Act (Foreign Corrupt Practices Act) is a cornerstone of America’s anti-money laundering efforts against international bribery. This law has extraterritorial jurisdiction and is actively enforced by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), along with similar legislation in other jurisdictions.
FCPA consists of two main parts:
- Anti-corruption provisions: Prohibit American companies (issuers and domestic enterprises), as well as their employees, agents, and certain foreign persons, from offering or paying anything of value to foreign government officials for the purpose of obtaining or retaining business.
- Provisions on accounting (bookkeeping): Require companies whose shares are traded on US exchanges to maintain accurate financial reporting and adequate internal control systems.
In practice, many companies fall under sanctions precisely for violating accounting provisions related to money laundering. Prosecutors often find it easier to prove that a bribe was improperly recorded in the reporting (for example, as consulting services), especially when looking for suspicious activities, than to prove the fact of bribery itself. Violations of the FCPA lead to multimillion-dollar fines and imprisonment for executives.
The Hobbs Act is a powerful tool against extortion and other corrupt practices by American officials. It prohibits extortion that in any way or to any extent obstructs, delays, or affects commerce.
In the context of corruption, it is most often applied when a public official uses their authority (under the guise of official rights) to obtain illegal payments to which they are not entitled. Essentially, the official demands a bribe in exchange for performing (or not performing) their official duties. This law is often used in conjunction with other bribery charges.
The Racketeer Influenced and Corrupt Organizations Act (RICO) was created to combat organized crime, but its scope of application is significantly broader. RICO allows prosecutors to link together various criminal acts (known as predicate acts), including violations of anti-corruption laws, committed within the framework of an enterprise’s activities.
Bribery (both federal and state-level) is one of the predicate acts under RICO. If the prosecution can prove a pattern of racketeering activity (e.g., two or more acts of bribery within 10 years), the defendants face enhanced penalties, including prison terms of up to 20 years (or life imprisonment if violent crimes are involved) and, most importantly, large-scale asset forfeiture connected to the enterprise.
Red Notices of INTERPOL and cross-border investigations
Corruption is rarely limited to most countries, as it often intersects with fraud and other illicit activities. In the modern global economy, accusations often include the transfer of funds through multiple jurisdictions, offshore accounts, and foreign agents across different countries. This brings the case to an international level, creating enormous challenges for the defense, especially when accusations involve various forms of corruption.
Cross-border investigations require the legal team to coordinate actions in several legal systems simultaneously. An investigation by the U.S. Department of Justice may run in parallel with an investigation, for example, by the UK’s Serious Fraud Office (SFO) under the UK Bribery Act 2010, focusing on international bribery.
This British law is considered one of the strictest in the world. It is notable for its provision on the failure to prevent bribery by a commercial organization. If an employee or agent of a company gives a bribe anywhere in the world, the company itself can be held liable in the UK, even if the management was unaware of it.
Our lawyers, in collaboration with compliance employees and international partners from goldmsichambers.com, have the expertise to navigate these complex, overlapping legal regimes with a focus on transparency.
A particular danger in international affairs is posed by INTERPOL red notices. Contrary to popular belief, this is not an international arrest warrant. It is a request from a member country to other countries to determine the whereabouts and temporarily detain a person awaiting extradition.
However, in practice, a red notice has a devastating effect:
- It effectively paralyzes international travel, as the holder of the notice risks being detained at any airport.
- It leads to the freezing of bank accounts and assets worldwide.
- It is used by some countries for political or commercial purposes, abusing the INTERPOL system.
Our firm has specialized expertise in challenging Red Notices and performing due diligence to prove that the notice is unfounded, procedurally incorrect, or, most importantly, violates INTERPOL’s Constitution. We file petitions with the Commission for the Control of INTERPOL’s Files (CCF) in Lyon, France, proving that the notice is unfounded, procedurally incorrect, or, most importantly, violates INTERPOL’s Constitution (for example, if the case is predominantly political, military, religious, or racial in nature).
Development of reliable multi-level protection
When your freedom and future are at stake, a standard approach is not enough. Our team of experienced attorneys begins with a deep dive into the facts of your case while maintaining absolute confidentiality. Our strategy is aimed not just at reacting but at proactively shaping the narrative and undermining trust in the prosecution’s arguments to protect your business interests.
We understand that financial crime and corruption cases are often built on circumstantial evidence, testimonies of controversial witnesses, and complex financial traces. Our defense is based on thorough analysis and decisive actions that emphasize continuous improvement, particularly in training our employees.
Our methodological approach to protection includes the following key stages to minimize your risk :
- Immediate response and interaction with the prosecutor’s office. We engage in dialogue with federal agents (FBI, IRS) and prosecutors (DOJ, SEC) at the earliest stage, often even before formal charges are filed, to present counterarguments and potentially narrow or terminate the investigation.
- Thorough analysis of evidence. We meticulously examine every document, email, and financial transaction. We look for procedural errors, violations in obtaining evidence (for example, illegal searches or wiretapping), and inconsistencies in witness testimonies.
- Conducting independent internal investigations. For corporate clients, we conduct privileged internal investigations to establish facts before the government does. This allows us to identify weaknesses and develop a mitigation strategy.
- Challenging jurisdiction and application of laws. We carefully analyze whether laws such as FCPA or RICO are applicable at all to the actions of our client. We can challenge the extraterritorial jurisdiction of the USA or prove that the alleged payments do not meet the legal definition of a bribe.
- Involvement of international experts. In cross-border cases, we engage our network of forensic accounting experts, foreign law specialists, and investigators to collect evidence abroad and challenge extradition requests.
Immediately seek expert legal assistance
In cases of bribery and corruption related to financial institutions, time is your most valuable resource in maintaining business relationships. From the moment you learn about the investigation, receive a subpoena from the grand jury, or are contacted by federal agents, every step you take is crucial.
Attempts to independently explain the situation to law enforcement almost always lead to catastrophic consequences. Statements made without the presence of a lawyer can and will be used against you. It is extremely important to seek help immediately from experienced lawyers who specialize specifically in federal corruption cases, as they often impact civil society.
Our firm is ready to act promptly to protect your rights, your reputation, and mitigate customer type risk in your business in different contexts related to corruption cases. Contact our lawyers today for a confidential and comprehensive consultation regarding your case.
