International Risk & Investigations

Our team includes enforcement attorneys on the ground in London, Hong Kong, Shanghai, and the United States. We understand the primary and collateral consequences of investigations, whether it be pre-investigation prevention and mitigation, internal investigations or defense of a government investigation, or resolution through settlement or trial. Due to the deep and wide-ranging experience of Golden Flag’s attorneys, we are particularly well-equipped to handle cross-border, multiregulator matters, including investigations with both civil and criminal components.

We have defended companies in numerous cross-border enforcement proceedings involving the DOJ, the SEC, UK Serious Fraud Office, the World Bank, and various government and quasi-government bodies throughout the world, including Latin America, EMEA, and APAC.

We have conducted hundreds of investigations, relating to a wide variety of issues, geographies, and industries. We can leverage additional resources as needed (for example, other specialists at Golden Flag, local counsel, forensic accountants, IT vendors, etc.) to ensure we effectively manage the matter. Our experience spans large, complex, high-profile and highly sensitive internal investigations to smaller, more discrete investigations that maintain our client’s confidentiality.

Representative Matters

Lead counsel for U.S.-based multinational medical technology company in connection with an anti-corruption and international risk internal investigation regarding potential misconduct involving their operations in Portugal and Spain.

Representing individuals of a Canadian transportation technology company in connection with an SEC investigation into alleged fraud and bribery involving Chinese state owned entities. Ongoing.

Representing a private equity firm in an internal investigation into alleged corruption by executives at a telecommunications-sector portfolio company in Brazil, including conducting in-person interviews in São Paulo. Ongoing.

Successfully represented a large multi-national telecommunications company into investigations in the U.S. and Central America of alleged bribery and corruption. Case resolved by case being closed, without any charges or settlement payment.  

Lead counsel for U.S.-based multinational medical technology company in connection with a World Bank investigation involving allegations of corruption and fraud in South Asia. Negotiated a successful resolution with a substantially reduced debarment term for the company, no charges for corruption and collusion, and limited ongoing cooperation obligations.

Representing one of the largest alternative investment firms in the world related to their Brazilian real estate SPEs in responding to a notice of inquiry from the Sao Paulo Public Prosecutor's office regarding a civil inquest into allegations that companies paid bribes to municipal tax inspectors in exchange for a reduction in service taxes. The inquest is a spin-off from a larger investigation into widespread bribery in the real estate development industry which has been ongoing since 2013 and involves dozens of companies and individuals. Ongoing.

We routinely counsel clients regarding preventative measures, such as establishing effective compliance programs and strengthening internal controls. We assist our clients in virtually all aspects of compliance including:

• Risk assessments
• Third party management
• Policy development and training
• Ongoing monitoring
• Post-investigation remediation of compliance programs

Representative Matters

Global international risk counsel for a large medical products and technology company with operations in 100 countries. We assisted the company in building a revamped compliance program, including creation of global policies, trainings, monitoring processes, and third party management tools. Managed multiple in-country anti-corruption risk assessments in Mexico, Colombia, Brazil, Russia and India.

Advised a U.S.-based supply chain provider in conducting anti-corruption, sanctions and anti-money laundering due diligence in connection with its merger with a grain and milling company. In light of their international expansion following the merger, we assisted the company in revising its full FCPA program including policy enhancements and training development. The company operates in the United States, Canada, Mexico, and Saudi Arabia.

Our team provides international risk advice to some of the largest asset management firms in the world regarding hundreds of deals involving virtually every industry and geography. We serve as primary diligence counsel for some of our clients and have developed processes uniquely tailored to each client’s needs. Our standardized approach allows us to provide adaptive, risk-based solutions to our clients and consistency across their platforms. We regularly provide clients with:

• Deal diligence
• Investor diligence
• Post-acquisition integration and monitoring

Representative Matters

Global anti-corruption counsel for one of the largest private equity firms. Working closely with our multi-office, multi-disciplinary team, we provide anti-corruption, sanctions, anti-money laundering and related international risk advice across the full life cycle of a fund, from fund formation/onboarding of investors, to acquisition diligence, post-acquisition remediation and compliance enhancements, international risk investigations and enforcement matters, and sale/exit considerations.

Represented a large private equity firm in conducting anti-corruption, sanctions and anti-money laundering diligence related to a proposed acquisition of one of the largest dedicated run-off, non-life insurance consolidators in the world with operations in the United States, United Kingdom, Switzerland, Ireland, and Bermuda.

Represented a large private equity firm and multinational conglomerate in their partnership with Argentina's largest company to pursue a multi-million dollar purchase of energy assets, which included conducting anti-corruption due diligence and in-country interviews with management.

Represented a large private equity firm in conducting anti-corruption, sanctions and anti-money laundering diligence related to a proposed acquisition of a UK-based asset financing company.

Represented a large private equity firm in conducting anti-corruption, anti-money laundering and economic sanctions due diligence in connection with the proposed acquisition of a steel manufacturer in India.

Advised a global private equity firm on anti-bribery and economic sanctions risk in connection with their acquisition of a major medical products company in India.

Represented a multinational alternative investment firm in conducting anti-corruption and anti-money laundering diligence in connection with a potential acquisition of a Spanish gaming and leisure company with operations throughout Europe and Latin America.

Represented a multinational alternative investment firm in conducting anti-corruption, economic sanctions and anti-money laundering diligence related to a contemplated investment in an Italian tugboat services provider.