Services

Foreign Corrupt

Foreign Corrupt Practices Act Attorneys

Miami Law Firm for Global Anti-Bribery Defense

At Descalzo Law, we bring deep legal and practical experience to defending clients accused of violating the Foreign Corrupt Practices Act (FCPA). Our team represents individuals and corporations across the globe in criminal and civil FCPA investigations and prosecutions. We also advise clients on FCPA compliance and provide proactive training programs to mitigate risk before problems arise.

What sets us apart is our dual strength: criminal defense experience combined with in-depth business and regulatory insight. This unique perspective allows us to advocate powerfully and strategically for our clients—whether the goal is avoiding prosecution or successfully navigating a government investigation.

Global Representation. Proven Results.

We have successfully represented clients in the United States and internationally, including in Latin America, Europe, and the Caribbean. Our track record includes securing:
  • Litigating FCPA-related matters through trial
  • Securing favorable outcomes, including non-custodial resolutions for individuals
  • Quietly guiding clients through sensitive investigations to minimize reputational and professional risk
With the growing focus on corruption investigations in Latin America, our firm has increasingly concentrated efforts in that region. Our Spanish-speaking attorneys ensure clear, effective communication and culturally competent representation for clients and witnesses involved in cross-border matters.

What is the Foreign Corrupt Practices Act?

The FCPA prohibits U.S. persons, public companies, and certain foreign entities from offering, paying, promising, or authorizing the transfer of anything of value to a foreign official in order to obtain or retain business.

It includes two key provisions:

  1. Anti-Bribery Provisions – Prohibit corrupt payments to foreign officials, foreign political parties, or candidates to influence business decisions.
  2. Books and Records Provisions – Require publicly traded companies to maintain accurate accounting records and internal controls.

 

The law applies not only to direct payments but also to indirect ones—where a person “knows,” or is willfully blind to, the likelihood that a third party will make a corrupt payment.

Who Is Covered?

  • U.S. citizens, residents, and companies
  • Foreign companies listed on U.S. stock exchanges
  • Any person or entity taking action within U.S. territory

“Foreign officials” is interpreted broadly and includes not only government officials but also employees of state-owned enterprises and public international organizations.

“Anything of value” can include money, luxury gifts, travel, entertainment, charitable donations, job offers, or even medical supplies.

About Marissel Contact Now

How Is the FCPA Enforced?

  • Criminal prosecutions are led by the U.S. Department of Justice (DOJ).
  • Civil actions are brought by the Securities and Exchange Commission (SEC).
  • Private litigation may arise under related statutes, with plaintiffs seeking treble damages for business losses caused by alleged bribery.
DOJ and SEC frequently conduct parallel investigations, sharing information but seeking distinct penalties. A strong, coordinated defense strategy is essential to navigate these multi-agency actions.

Defending Against FCPA Allegations

Not all payments to foreign officials are illegal. The FCPA provides affirmative defenses, including:
  • Payments for routine governmental actions, such as obtaining permits or police protection
  • Conduct in compliance with local laws in the foreign country
  • Situations where no corrupt intent can be established
CONTACT US

However, whether a payment qualifies under these defenses can be a complex legal question—and one that requires experienced counsel.

If you or your company is facing an FCPA investigation or needs help navigating compliance obligations, contact Descalzo Law. We’ll help you manage legal risk, preserve your business, and protect your reputation—at home and abroad.

Request a Free Consultation
Call Now Button