Areas of Practice

Marshall Taheri Law Group is an A-V rated boutique litigation law firm that provides legal services in the areas of civil litigation, business and commercial litigation, international business litigation and arbitration, international criminal defense, legislative and governmental relations, personal injury and wrongful death, securities and investment fraud , taxation, and white collar criminal defense, nationally and internationally.



FOREIGN CORRUPT PRACTICES ACT

Federal and International Courts

 

The Foreign Corrupt Practices Act of 1977 (FCPA) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.

PERSONS SUBJECT TO THE FCPA:

ISSUERS - Includes any U.S. or foreign corporation that has a class of securities registered, or that is required to file reports under the Securities and Exchange Act of 1934

DOMESTICE CONCERNS - Refers to any individual who is a citizen, national, or resident of the United States and any corporation and other business entity organized under the laws of the United States or having its principal place of business in the United States
ANY PERSON - Covers both enterprises and individuals

THE ANTIBRIBERY PROVISIONS OF THE FCPA PROHIBIT:

Issuers, domestic concerns, and any person from making use of interstate commerce corruptly, in furtherance of an offer or payment of anything of value to a foreign official, foreign political party, or candidate for political office, for the purpose of influencing any act of that foreign official in violation of the duty of that official, or to secure any improper advantage in order to obtain or retain business.

Regarding payments to foreign officials, the act draws a distinction between bribery and facilitation or "grease payments," which may be permissible under the FCPA but may still violate local laws. The primary distinction is that grease payments are made to an official to expedite his performance of the duties he is already bound to perform. Payments to foreign officials may be legal under the FCPA if the payments are permitted under the written laws of the host country. Certain payments or reimbursements relating to product promotion may also be permitted under the FCPA.

LEGAL REPRESENTATION:

Our firm is dedicated to providing exceptional and top quality representation and defense in all phases of violation of Foreign Corrupt Practices Act from investigations to trial.

Whether we are representing a client who is under investigation or one who has already been charged with bribery under the provisions of the FCPA, we perform an exhaustive review of the case to provide a vigorous defense on our client's behalf. When a case is still in the investigation stage, we do our best to gather and present evidence to halt the case from proceeding further. When charges have already been filed, we prepare meticulously for the possibility of trial.

We also advise and consult with our corporate clients regarding international compliance relative to the Foreign Corrupt Practices Act and how to be proactive with appropriate internal controls to avoid involvement in activities associated with illegality and corruption.