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FCPA investigations (continued)

Investigation issues

• Can be very complex with multiple countries involved

• The Department of Justice favors self reporting and proactive behavior

– Self-reporting might waive attorney-client privilege

• Multi-country complexities require the following:

– Familiarity with the FCPA and relevant foreign legislation

– Knowledge of precisely where company data is located

– An understanding of privacy laws for data acquisition and review
• FCPA liability can be acquired via foreign mergers and acquisitions (M&A)

– A parent company can be liable for foreign subsidiary

– The foreign subsidiary may be in violation of the FCPA at the time of M&A

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