The Biden Administration has made clear that efforts to counter corruption are a core pillar of the country’s national security strategy. Following this mandate, US criminal authorities have begun to surge resources toward countering corruption, leading DOJ prosecutors to announce several large corporate resolutions over the past year and motivating DOJ leaders to declare that individual accountability will be the “number one priority” in the coming year.
As penalties and prosecutions continue (and as the law evolves), multinational corporations and their advisors need clear, well-informed, and understandable guidance on anti-bribery and corruption laws in the jurisdictions where they do business. To respond to this demand, Freshfields is delighted to have been selected for the fourth year in a row to author the US chapter of the annual Chambers Global Practice Guide on Anti-Corruption, an indispensable resource for the world’s leading investors, banks, and multinationals facing anti-bribery and corruption enforcement risks.
The chapter leverages Freshfields’ unique experience and expertise in the field of transnational anti-corruption law — guiding foreign clients through the key risks of US laws, advising US clients on the principles of non-US laws, and navigating investigations brought by US and foreign authorities working in close coordination. With an eye towards providing practical and timely advice, the chapter highlights important developments in the law and practice of US Foreign Corrupt Practices Act cases, as well as domestic anti-bribery and anti-corruption laws, including reforms to DOJ criminal enforcement policies contained within a Memorandum released by Deputy Attorney General Lisa Monaco in September 2022. Freshfields’ work provides a direct and comprehensible overview of the elements of US corruption offenses, potential defenses, the reach of US law, and the US government’s investigative practices — all set against the background of multinational agreements regulating corruption and increasing coordination between agencies in the US and other countries.
This chapter was drafted Eric Bruce (Partner) and Justin Simeone (Associate) in Freshfields’ Washington, DC office, and draws on insight and experience from a top-ranked Freshfields white-collar defense team that is highly skilled in advising businesses and individuals on anti-bribery and corruption risks arising throughout in the world. Our team helps clients respond to (often simultaneous) inquiries from US agencies including the Department of Justice, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, as well as authorities in the UK, EU, Asia, and at multilateral institutions like the World Bank and Inter-American Development Bank.
To access the chapter, please click here.
