Development and Implementation of Compliance Programs
Legal Representation by a Law Firm with a Global Perspective
Deming PLLC is a law firm committed to addressing international and domestic compliance needs by assisting in the development, implementation, monitoring, and auditing of compliance programs for companies, organizations, and audit committees. The firm regularly consults on compliance issues involving the Foreign Corrupt Practices Act, Sarbanes-Oxley, economic sanctions, and other legal and regulatory requirements.
Foreign Corrupt Practices Act (FCPA)
I
n 1977, the Foreign Corrupt Practices Act (FCPA) was adopted prohibiting the payment of bribes to foreign officials and mandating certain accounting and record-keeping practices. In recent years, many countries have implemented and begun to enforce similar prohibitions on the payment of bribes to foreign officials. Active enforcement of the FCPA and similar legal regimes is expected to continue to grow at a dramatic pace. As a result, the implementation and active enforcement of an effective compliance program has become essential to the conduct of international business and other international activities.
World Bank and Other Multilateral Development Banks
Consistent with the anti-corruption initiatives of the OECD, OAS, Council of Europe, the United Nations, and other international organizations, the World Bank and other multilateral development banks, including the Inter-American Development Bank (IDB), the European Bank for Reconstruction and Development (EBRD), the African Development Bank (AfDB), and the Asian Development Bank (ADB), enforce anti-corruption policies for anyone seeking financing or procurement opportunities. Having an effective compliance program has become virtually essential for companies seeking financing from or procurement opportunities with the World Bank and the other multilateral lending institutions.
Sarbanes-Oxley and Internal Controls
In the wake of corporate scandals such as Enron and WorldCom, the Sarbanes-Oxley Act was signed into law in 2002. In amending the FCPA, Sarbanes-Oxley sought to enhance oversight over corporate governance and to strengthen and ensure the effectiveness of accounting practices. In so doing, the role of compliance programs in ensuring the adequacy of internal controls has become even more crucial.
Corporate Compliance Programs
Deming PLLC works with international and domestic companies, organizations, and audit committees to develop and implement effective corporate compliance programs and to design mechanisms to ensure that they are actively monitored, regularly updated, and consistently enforced. This includes developing policies and procedures, instituting training programs, establishing protocols for protecting whistleblowers and for providing means of protected communications for employees seeking guidance, setting standards for the conduct of due diligence, and ensuring the adequacy of internal controls. It also includes conducting due diligence and internal investigations.
Monitors and Independent Compliance Consultants
Deming PLLC is well-equipped in terms of having the requisite background, skills, and experience to serve as a monitor or independent compliance consultant for deferred or non-prosecution agreements involving the Justice Department or SEC, for the voluntary disclosure program of the World Bank, and in other contexts. Aside from being a leading authority and having an accounting background, Stuart H. Deming well understands the perspective of enforcement officials due to having served in various capacities with the Justice Department and with the Securities and Exchange Commission (SEC).
Contact a Skilled Washington Corporate Compliance Lawyer
Please contact the international law attorney at Deming PLLC regarding international legal matters whether they relate to compliance issues, such as the Foreign Corrupt Practices Act, internal investigations, SEC, Justice Department, World Bank or other investigations, international litigation, or international transactions.
Deming PLLC can be reached by telephone in Washington, D.C., at (202) 349-1470 or in Kalamazoo, Michigan, at (269) 382-8080. Deming PLLC can also be contacted by e-mail.
Deming PLLC
* Washington, D.C. * Kalamazoo, Michigan *
A Law Firm with a Global Perspective