Identifying and Addressing FCPA Exposure for Lenders

FCPA risk for lenders may not be as intuitive as it is in other industries, but lenders are subject to FCPA scrutiny, Bridget Marsh, Deputy General Counsel of the Loan Syndications and Trading Association (LSTA) and Jeanine P. McGuinness, counsel at Davis Polk & Wardwell, said at a recent presentation sponsored by the LSTA.  Marsh and McGuinness considered the specific corruption risks lenders face and offered tips on how lenders may mitigate that risk through borrower due diligence and contractual provisions.  See also “International Corruption Risks Facing Financial Institutions,” The FCPA Report, Vol. 1, No. 4 (Jul. 25, 2012).

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