FCPA Whistleblower Lawyer

Qualified/Selective Representation

The Foreign Corrupt Practices Act (FCPA) aims to eliminate bribery of foreign public officials as a means of obtaining and doing business overseas. The FCPA prohibits payments of money or other things of value to foreign government officials in order to obtain or retain business with those governments. Many of the cases offering the largest whistleblower awards arise from these cases, with settlements running into the millions of dollars. The definition of foreign public official can be very broad, including doctors in countries where the health care system is run by the government or managers of any state owned or controlled enterprise.

Representation For FCPA Violations Whistleblowers Worldwide

At The Law Offices of Daniel J. Hurson, LLC, Dan Hurson provides professional representation to FCPA whistleblowers. Dan Hurson handles matters pertaining to violations worldwide relating to U.S. companies and foreign companies who trade on U.S. stock exchanges and act through U.S. or non-U.S. nationals acting outside the U.S. The SEC takes these acts of bribery very seriously, and has set up a special FCPA unit to investigate these offenses. Dan Hurson has represented a growing number of whistleblowers, and a number of SEC investigations have been initiated or assisted as a result of information provided by his clients. One client obtained one of the largest awards given, on excess of 3.5 million.

We understand how becoming a whistleblower can impact your life and career. At our firm, you will work closely with attorney Dan Hurson, who will advise, counsel and protect your rights at every step in the complicated SEC whistleblower process.

See a recent article regarding how to become a successful FCPA whistleblower, written by attorney Dan Hurson: The FCPA and SEC Whistleblowers: Major Opportunities (January 2016)

Complex FCPA Legal Areas In Which An Experienced Attorney Can Help

"Books and records" violations under the FCPA. Falsifying or failing to keep sufficient or accurate records of financial transactions can violate the FCPA's accounting provisions, even if the transaction itself may be legal and/or does not involve payments to foreign officials. The creation of any false documents, or accounts, or other books and records of the company may be illegal if they do not "accurately and fairly reflect the transactions and dispositions of the assets" of the company.

Internal control failures. Likewise, the failure to "devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances" that transactions are being properly "executed in accordance with management's general or specific authorization" or to insure that transactions are properly recorded to permit preparation of financial statements in conformity with (GAAP)" can be a violation of the FCPA. Any such transaction, however small, may be illegal, as there is no "materiality" requirement for such violations. Off-book payments or records that fail in any respect to show the real purpose or nature of a transaction may be illegal under these parts of the FCPA. Commercial bribery, while not a violation of the anti-bribery provisions of the FCPA, may still be violations of the books and records provisions, such as bribes or kickbacks to vendors or agents of customers to steer business to the company. It is widely known that many companies engage in some form of "books and records" violations but such activity is ignored or covered up. These provisions are extremely broad and in a number of large penalty cases in recent years the SEC has shown increasing interest in using the "books and records" provisions in a variety of settings. The SEC recently stated in its "Resource Guide to the U.S. Foreign Corrupt Practices Act" that the accounting provisions of the FCPA "form the backbone for most accounting fraud and issuer disclosure cases brought by the DOJ and SEC."

Direct Contact With Your Attorney

Even if you are not certain you have a case or about becoming a whistleblower, discuss your situation with experienced FCPA whistleblower attorney Dan Hurson. Contact him at 443-458-5628 or send us an email for a free, confidential initial consultation. Attorney referrals are also welcome.