If you’re looking for a Foreign Corrupt Practices Act (FCPA) whistleblower lawyer, look no further than International Whistleblower Advocates (IWA). Our attorneys have represented numerous whistleblowers with information about foreign bribery of government officials by individuals or companies subject to U.S. anti-corruption laws, and have won those cases, helping the government recover billions of dollars.

Our FCPA whistleblower attorneys have represented clients in historical cases. This includes the case of Danske Bank whistleblower Howard Wilkinson, who exposed a $230 billion money-laundering scheme, which is still the largest money laundering scheme in history.

Our attorneys also represented an anonymous Greek whistleblower who proved that Swiss pharmaceutical giant Novartis paid millions of dollars in bribes to illegally market drugs – a clear and direct violation of the FCPA.

If you have strong evidence of bribery involving government officials, get in touch with our firm right away for legal assistance, especially given the statute of limitations which is generally five years for anti-bribery violations and six years for accounting violations – although extensions do exist. Our FCPA lawyers also work with law firms as co-counsel, bringing our deep expertise of the FCPA to every case.

Our practice includes:

• Advising Potential Whistleblowers: We help our clients evaluate the information they must determine whether it qualifies under SEC or CFTC whistleblower programs, assess the strength of their evidence, and understand the potential risks and rewards that come with blowing the whistle.
• Protecting Whistleblowers Against Retaliation: Our attorneys can help enforce the FCPA’s anti-retaliation protections, advise clients on how to document their employment situation, and bring claims against an employer if they engage in retaliation, such as termination, demotion, or harassment.
• Filing Whistleblower Complaints: The process of filing a whistleblower complaint is complex with various rules and requirements. Our attorneys have decades of experience helping whistleblowers understand the process to obtain awards, which range from 10-30% of sanctions collected.
• Navigating Confidentiality and Anonymity: The SEC and CFTC whistleblower programs allow for anonymous reporting, and our attorneys can help clients report anonymously when possible while maintaining confidentiality and managing concerns about reputation and ongoing employment.
• Coordinating with U.S. Regulators: We communicate with the SEC or DOJ on behalf of the whistleblower, responding to requests for information, negotiating, and guiding whistleblowers through the long and arduous process of whistleblowing, which may take several years.

Given that most FCPA cases involve bribery abroad, our team often works with clients across the globe to tackle legal issues with transnational scope. This might also include money laundering, tax evasion, sanctions violations, and fraud against the U.S. government.

Types of FCPA Violations We Take On

Anti-Bribery Violations

The FPCA primarily prohibits the payment of bribes to foreign officials to obtain or retain business, which applies to U.S. persons or U.S. and foreign public-traded companies with reporting requirements. The definition foreign official even extends to State-owned or State-controlled entities.

Examples Include:

• Direct cash payments to government ministers or procurement officials to win contracts
• Payments funneled through third-party agents, consultants, or intermediaries who pass bribes along
• Lavish gifts, travel, or entertainment for foreign officials beyond what’s customary and reasonable
• Hiring relatives of government officials in “ghost jobs” or sham consulting arrangements
• Charitable donations made at the direction of officials to entities they control
• Payments to officials at state-owned enterprises

Books and Records / Internal Controls Violations

The FCPA requires that issues maintain adequate internal controls. Transactions must be executed and assets accessed or accounted for as per management’s authorization. However, violations occur, such as when an employee knowingly falsifies documents to conceal bribery payments or conceals payments by categorizing bribes as expenses.

Examples Include:

• Disguising bribes as business expenses like consulting fees, commissions, or marketing costs
• Maintaining off-books slush funds
• Failing to implement systems that would detect or prevent improper payments
• Falsifying invoices, contracts, or other documentation to conceal payments

Whistleblower Awards

Under the SEC Whistleblower Program, whistleblowers may be eligible for monetary awards if they voluntarily provide the SEC with original information about violations of federal securities laws, including FCPA violations, that lead to a successful enforcement action resulting in monetary sanctions exceeding more than $1 million.

A whistleblower may receive an award of between 10% and 30% of the total monetary sanctions collected. Since its inception in 2011/2012 under the Dodd-Frank Act, the SEC Whistleblower Program has awarded over $2.2 billion to more than 440 whistleblowers.

The Relationship Between FCPA, Dodd-Frank, and the SEC

The FCPA itself (enacted in 1977) prohibits bribery of foreign officials and requires accurate books and records, but it originally had no whistleblower reward program. The SEC and DOJ enforce the FCPA, but there was little incentive for individuals to come forward.

In 2010, the Dodd-Frank Act turned this around by creating the SEC Whistleblower Program, which covers violations of any securities law the SEC enforces—including the FCPA. Dodd-Frank didn’t amend the FCPA directly; it created a reward mechanism that applies to FCPA violations because the SEC has enforcement authority over them.

It’s important to note that foreign nationals living abroad can submit tips and receive awards. They don’t need to be U.S. citizens, residents, or employees of U.S. companies. The key is that the underlying violation must fall under SEC jurisdiction—typically because the company has securities registered in the U.S. or the conduct involves U.S. markets.

Practical considerations for foreign whistleblowers:

• They can remain anonymous throughout the process
• Their identity is only revealed to the SEC when collecting an award
• They don’t need to report to authorities in their home country first
• Awards are paid regardless of where the whistleblower lives
• Tax treatment varies by country, so they need international tax advice

Why Seek Legal Assistance from Our FCPA Attorneys

Reporting a violation of the FCPA involves contacting the U.S. Department of Justice (DOJ). However, specific procedures must be followed and certain requirements met to become eligible for protection or an award under the Dodd-Frank Act, which ranges between 10% and 30% of the government’s recovery.

Our FCPA attorneys can help you:

• Understand international complexities
• Evaluate information to determine eligibility
• Maximize your chance at receiving an award
• Protect anonymity and confidentiality
• Navigate the risks to self and career
• Manage the multi-year process

If you have information and would like to report your concerns, we suggest that you reach out to our FCPA team immediately for free and confidential legal assistance. We work on a contingency basis, which means we only get paid if we help you obtain an award.

Get in touch now for expert legal assistance!