FCPA Due Diligence

We have applied our deep knowledge of the Foreign Corrupt Practices Act (FCPA) and our sophisticated understanding of associated risk factors to conduct FCPA due diligence investigations worldwide and to provide our clients related guidance and compliance services.

IGI’s FCPA due diligence investigations have vetted our client companies’ prospective overseas agents, business partners, vendors, and key in-country new hires in Asia, Africa, the Middle East, and South America. In larger engagements involving pre-acquisition or pre-investment due diligence, we also incorporate country and political risk assessment, verification of subject entities’ assets and operational capabilities, and other proactive steps to mitigate client’s market entry and business execution risk factors.

The starting point of these investigations is the public record, but in some venues, public information is limited – thus requiring discreet reputational inquiries of knowledgeable sources, such as the subject entities’ clients, customers, competitors, or former employees, or government or NGO officials.

The scope of our investigations typically include consideration of whether subject individuals may be construed to be politically exposed persons (“PEPs”), as well as research into subjects’ possible business, political, family, or social ties to government officials. We also search subjects’ names through U.S. and international watch-lists of sanctioned and proscribed parties.

  • On behalf of a firm in the construction industry, IGI has conducted multiple FCPA-focused due diligence investigations on potential joint venture partners, clients and vendors located overseas.  In these matters, we supplemented online and on-site public records and database research with in-country interviews and human intelligence gathering to provide best-practices FCPA compliance and business due diligence processes to search for “red flags” from regulatory, reputational and legal standpoints.  Our work for this client has included due diligence investigations of entities and individuals based in Eastern Europe, Central America, and the United Kingdom.
  • A major U.S. energy company considering an acquisition of exploration rights in West Africa from a European independent asked IGI to assist in assessing the possibility of FCPA taint on the assets. IGI’s research in Europe, West Africa and the United States included histories and profiles of the selling company and its current and former executives, relevant officials of the West African countries, and previous transactions involving the exploration rights.
  • On behalf of a firm in the construction industry, IGI has conducted multiple FCPA-focused due diligence investigations on potential joint venture partners, clients and vendors located overseas.  In these matters, we supplemented online and on-site public records and database research with in-country interviews and human intelligence gathering to provide best-practices FCPA compliance and business due diligence processes to search for “red flags” from regulatory and reputational and legal standpoints.  In one such matter, IGI uncovered evidence of a financial relationship between the subject foreign entity and a close relative of a high-level government official in the country of the client’s project. Our work for this client has included due diligence investigations of entities located in Eastern Europe, Central America, and the United Kingdom.
  • Our clients, officials of a foreign state-owned oil company, were accused in press reports in a major U.S. newspaper of accepting millions of dollars of bribes and kickbacks from purported agents and intermediaries outside the company. IGI performed an internal investigation in the foreign country, located and interviewed the purported agents and intermediaries in the foreign country and in the United States, and gathered documentary evidence including sworn witness affidavits that conclusively refuted the allegations and proved that the U.S. press reports were riddled with errors. Furthermore, IGI traced the false accusations back to a propaganda campaign by political opponents of the president of the foreign country who were working in tandem with political exiles living in the United States.