Complying with the FCPA: Mergers, Acquisitions and Investment Transactions (Part Two of Five)

In light of the significant FCPA risk posed by cross-border transactions, the Anti-Corruption Report is serializing (in five parts) a chapter from a recently published treatise entitled The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement.  The authors of the treatise are Martin Weinstein, Robert Meyer and Jeffrey Clark, all partners at Willkie, Farr & Gallagher LLP, and highly-regarded members of the FCPA bar.  This issue contains the second installment in the series, which analyzes post-transaction risk, including the concept of willful blindness and the application of the FCPA’s accounting provisions to mergers and acquisitions.  The first part of the series provided an overview of the corruption liability inherent in M&A and investment transactions and provided insight on mitigation of corruption risk before transactions occur, focusing on successor liability, ratification, acts in furtherance of corruption and investment valuation.  See “Complying with the FCPA: Mergers, Acquisitions and Investment Transactions (Part One of Five)” (Apr. 17, 2013).

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