FCPA & Anti-Corruption

What this covers

Corruption exposure in India usually surfaces through a whistleblower complaint, an audit finding, something found during integration, or a referral from a regulator. The response then has to work under US and Indian law at the same time. I support it from the first indication through disclosure and remediation.

Under the Department of Justice’s Corporate Enforcement and Voluntary Self-Disclosure Policy, which since March 2026 applies to all corporate criminal matters, a company that voluntarily discloses, cooperates and remediates can receive a declination unless there are aggravating circumstances. Remediation that is done early and documented properly is part of that record. Because I am admitted in both the US and India, I can run the US disclosure strategy and the Indian legal steps together.

An engagement can cover:

• voluntary self-disclosure: the assessment, investigation, remediation and reporting that a declination depends on;
• root-cause analysis of what a complaint, audit, integration or referral has surfaced;
• review of third-party intermediaries, and remediation of distributor controls;
• remediation of books and records, and strengthening of the compliance program;
• sequencing under the Prevention of Corruption Act, 1988, auditors’ fraud-reporting duties under Section 143(12) of the Companies Act, 2013, and SEBI disclosure obligations; and
• coordination of DOJ and SEC contact with the steps running in India.

An engagement starts with what has surfaced, where the exposure sits, and the timeline the matter is on. If something has surfaced in India, do reach out and I will take a look.