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Litigation Services Handbook: The Role of the Financial Expert, 5th Edition by David P. Hoffman, Daniel G. Lentz, Roman L. Weil

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Chapter 38

International Investigations: Successful Planning and Execution*

Sergio P. Negreira

38.1 Introduction

In order to grow, compete, and remain viable in today's business climate, many corporations choose to expand globally. In 2000, only 10 percent of the world's top 1,000 public companies1 had started doing business in rapid-growth markets.2 As of 2010, the figure had risen to 31 percent. Furthermore, acquisitions continue to play a critical role in a company's growth strategy. In 2010, global mergers and acquisitions (M&A) totaled $2.4 trillion and roughly one-third of this value was from rapid-growth markets.3

This growth in international trade has led to increased enforcement of international and U.S. antibribery laws, including the Foreign Corrupt Practices Act (FCPA). In 2004, the U.S. Department of Justice (DOJ) charged two individuals with FCPA violations and collected $11 million in criminal fines. By contrast, in the two-year period of 2009–2010, the DOJ charged 50 individuals and collected nearly $2 billion.4 An FCPA investigation requires an international investigation since the premise of the FCPA involves potentially corrupt activity outside of the United States. Many companies that discover corruption issues find that they could face possible DOJ prosecution, and need to broaden the scope of their investigations on a global basis to ensure compliance with the law. Companies subject to deferred prosecution agreements must also investigate and expand their ...

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