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

Government officials repeatedly have stated that FCPA charges against individuals will become more frequent.  Accordingly, defending against such charges is expected to become a more common practice among FCPA lawyers.  But defending individuals against FCPA charges is different in important ways from defending corporations; and 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 first in the series, discusses 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.  The second article in this series will address 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.

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