How to Defend Individuals Against FCPA Charges (Part Two of Two)

More individuals have been charged with violations of the FCPA in the past few years than ever before in the statute’s history.  The government has indicated repeatedly that this is a trend they expect to continue.  Accordingly, defending individuals in FCPA matters is becoming increasingly common.  But representing individuals in FCPA cases is different in important ways from defending corporations; the issues faced by corporations whose people are charged are notably different from the issues faced by corporations which themselves are charged.  A panel of experts at the New York City Bar recently shared their insights on salient concerns related to representing individuals facing FCPA charges.  The FCPA Report is synthesizing their advice in a two-part article series.  This article, the second in the series, addresses advising individual FCPA defendants on whether to participate in a company interview; when and how to cooperate with counsel for other individuals; and tips for cooperating with the government.  The first article discussed the primary differences between representing individuals and corporations; the key points to remember when negotiating payment of an individual’s attorney fees; when to enter into and how to draft Joint Defense Agreements; and how to gather information from company counsel.   See “How to Defend Individuals Against FCPA Charges (Part One of Two),” The FCPA Report, Vol. 2, No. 5 (Mar. 6, 2013).

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