US Foreign Corrupt Practices
Act (FCPA) and UK Bribery Act
Health Care Fraud
Intellectual Property Crimes
Tax Evasion and Fraud
Anti-Money Laundering (AML)
We represent companies, boards, executives and other individuals on matters involving the FCPA, including internal investigations into alleged FCPA violations, DOJ/SEC or foreign investigations and enforcement proceedings, compliance reviews and transactional due diligence. Our capabilities in this area are strengthened by our global presence, along with our experience in related areas, including export control, sanctions and embargo laws. Our regional offices and partners in the Americas, Asia, Europe and the Middle East are well-versed in the complex issues relating to the FCPA and cross-border investigations.
AML issues present compliance challenges for even the most sophisticated financial institutions. When it comes to these areas of the law, “getting it wrong” can result in long-standing reputational damage and substantial cost in terms of both financial penalties and added compliance burdens. We first seek to avoid unwanted outcomes by counseling clients on day-to-day compliance and the complexities of areas of applicable law in the United States, the United Kingdom, Europe, the Middle East and Asia. If problems arise, we help clients determine the scope of the problems, investigate their root causes, assess potential liabilities, fashion remedial responses and determine whether self-disclosure to regulatory authorities is warranted. If regulators decide to take enforcement actions or to investigate, we defend clients and, if necessary, assist with the successful management of the conditions imposed under governmental settlement agreements.
The officers and directors of public companies, as well as domestic and international accounting firms, turn to Mayer Brown when facing high-profile allegations of financial fraud involving accounting and auditing irregularities.
We defend companies and their executives in both criminal antitrust investigations and in matters before antitrust regulators in the United States, the European Union and non-EU European countries, including on cross-border parallel proceedings.
We defend companies and individuals against allegations of environmental crimes and have been involved in some of the most far-reaching prosecutions and compliance claims brought by the US Environmental Protection Agency and state environmental agencies.
Our sanctions and export controls team has extensive experience helping clients navigate the complexities of often overlapping UK, EU and US sanctions and export controls. We advise financial institutions and regulated entities on a broad range of matters involving regulatory engagement such as the preparation of voluntary disclosures and licence applications in connection with sanctions, proceeds of crime and export control matters. We also advise clients on the conduct of investigations and evaluate and remediate compliance programs so that they will stand up to regulatory scrutiny. And we defend clients in criminal investigations predicated on alleged violations of the sanctions laws.
Our lawyers have represented some of the world’s most sophisticated infrastructure firms in a number of MDB integrity office investigations. We are well placed to assist on all aspects of MDB integrity compliance and enforcement including conducting integrity risk assessments, internal investigations, responding to audit requests and MDB investigations into alleged misconduct, negotiating resolutions, defending sanctions proceedings and advising on the development and implementation of ICPs and supporting applications for release from debarment or other sanctions.
Companies with government contracts depend on Mayer Brown when they face federal investigations alleging procurement fraud, regulatory investigations and US False Claims Act (FCA) qui tam cases. We have successfully resolved FCA and qui tam matters at all phases of the process, from investigation through trial.
We regularly conduct internal investigations and defend health care companies facing FCA/qui tam matters and cross-border issues, including issues arising under the FCPA. Additionally, we have within our practice a former DOJ health care fraud coordinator, who brings significant experience in the defense of providers facing civil, criminal or parallel investigations into such matters as Anti-Kickback, Stark, cost reports, billing for services not rendered, up-coding, bundling and the myriad of other challenges facing health care providers related to reimbursement.
Our team of former prosecutors has experience handling some of the most significant trade secret/IP theft cases, from both the defense and prosecution roles. We represent clients in government investigations and criminal litigation. We also conduct internal investigations, perform due diligence and provide compliance advice to reduce the risk of trade secret theft.
We represent corporate and individual clients in civil and criminal securities-related matters before the complete array of securities regulators, governmental bodies, exchanges and self-regulatory organizations worldwide.
We represent [domestic and] non-U.S. financial institutions in IRS audits and regulatory and criminal enforcement proceedings involving allegations of tax-related misconduct, including aiding and abetting tax evasion by U.S. taxpayers, violations of Qualified Intermediary regulations and FATCA non-compliance issues.