Anti-Bribery and Corruption

Corruption is a major risk for companies, which often has serious consequences such as the engagement of criminal liability.

Corruption, like all other breaches of probity, exposes companies to criminal prosecution by numerous prosecution authorities, including the French National Financial Prosecutor's Office, the UK Serious Fraud Office and the US Department of Justice.

Although these prosecutions can sometimes be concluded by negotiated justice agreements between the authorities and the companies, by way of a judicial public interest agreement ("CJIP") or a deferred prosecution agreement, the criminal risk is significant and everything must be done to limit it.

Companies are also exposed to heavy civil consequences (e.g. cancellation of contracts tainted by corruption) through arbitration, which has become a real means of combating corruption (whether at the stage of the award or of the review of arbitration awards by the trial judges).

In addition, in order to prevent and detect corruption, the implementation of an anti-corruption compliance program with a code of conduct, a risk mapping, staff training, whistle-blower mechanism and internal investigation appears essential. The latter is moreover imposed by more and more extraterritorial legislation, such as the Sapin 2 law, the UK Bribery Act or the Foreign Corrupt Practices Act (FCPA).

As such, we provide advice and expertise to best meet the needs of companies, whether at the stage of prevention of corruption, in the event of prosecution by the authorities, or during allegations of corruption in arbitration proceedings.

Your challenges

Implementing an effective anti-bribery compliance program to avoid allegations of bribery in domestic or transnational criminal proceedings or arbitration cases.

Effective and appropriate tools for the prevention and detection of corruption

While the implementation of an anti-bribery compliance program is a legal obligation for certain companies, it also strengthens their reputation by securing the risk of criminal proceedings.

Handling internal corruption alerts

The handling of alerts must meet the highest standards of confidentiality protection and give rise to a rapid and effective response to end the practice and take appropriate steps against the perpetrators and improve the prevention of corruption.

Corruption risk analysis in a proposed acquisition of a target company

Now, acquiring companies can be held liable for acts committed by the acquired company. The acquisition of a company must be preceded by a full anti-corruption due diligence.

Identifying and responding to any deficiencies in the companies' anti-bribery program

Improving an anti-bribery compliance program is an on-going and essential process. Each identified deficiency should be an opportunity to make the necessary changes to ensure that the identified incident does not happen again.

Support and defence in multi-jurisdictional proceedings

The company faces possible criminal prosecution, possibly by a plurality of prosecuting authorities (DOJ, SFO, PNF) in the context of international criminal cooperation.

Improving the compliance program after the conclusion of a negotiated justice agreement

Under a negotiated justice agreement relating to bribery, the company may be required to take steps to improve its compliance program.

Our way

Tailor-made support regardingthe implementation of compliance programs or for the implementation of a litigation strategy in the event of criminal or arbitration proceedings.

Fifteen years of experience in supporting the prevention and detection of corruption

We have acted as an independent anti-corruption compliance expert and monitor in the context of resolution agreements negotiated between global French groups and the World Bank.

Expertise on the most effective measures to prevent and detect corruption within the business

We provide our clients expertise in establishing robust and effective anti-bribery compliance programs. We assess and propose modifications as need be, to codes of conduct, risk mapping, alert line procedures, third party assessment (due diligence, monitoring), accounting and financial audits and controls, or to carry out all employee training and awareness raising.

Conducting internal investigations with the most innovative tools to reach the optimal solution

We conduct extensive internal investigations sometimes supported by artificial intelligence to determine the level of corporate risk, assess the adequacy of compliance programs, and build the most favourable litigation strategies for our clients when faced with prosecution.

Tailor-made support before the prosecution and control authorities

We assist our clients in sensitive and complex criminal, civil or administrative proceedings related with corruption and having an international dimension. We defend their interests during negotiations with the criminal prosecution authorities (PNF, DOJ, SFO) or during inspections conducted by the French Anti-Corruption Agency (AFA).

A strong inter-professional and international network of trusted partners

Thanks to our trusted partners (experienced and specialised foreign attorneys, forensics, strategy and risk management consultancies, alert processing system providers), we offer our clients the most comprehensive service possible at the lowest cost.

Quality intervention in the handling of corruption allegations in international commercial arbitration

We assist our clients in arbitration proceedings, exequatur or annulment of awards, in particular when allegations of corruption are raised before the arbitration tribunal. Our knowledge of both arbitration proceedings and criminal issues allows us to have a global and precise vision to resolve such legal issues.

Clients' stories

What position to adopt with prosecuting authorities in response to allegations of corruption?

Multi-jurisdictional investigation with concurrent jurisdiction and international criminal cooperation between the prosecution authorities regarding allegations of corruption
Read Story
« Allegations of corruption are used at several stages of arbitration proceedings and have become a means of procedural strategy in recent years »
Salomé Garnier
Accolades Navacelle
Navacelle identified in 2021
as one of the world's top 100 firms for
CROSS-BORDER INVESTIGATIONS
Julie Zorrilla recognized in 2022
as Global Leader in
BUSINESS CRIME DEFENSE
CORPORATES
Julie Zorrilla selected in
Women in Investigations 2021 as
ONE OF AN HUNDRED
EXCEPTIONAL WOMAN IN THE
WHITE COLLAR WORLD
NAVACELLE recognized once again in 2022 in
FINANCIAL MARKET & BANKING REGULATORS AND STOCK MARKET LITIGATION
Guide Litigation & Arbitration
Stéphane de Navacelle recognized in 2022
as National Leader in
ASSET RECOVERY
NAVACELLE recognized once again in 2022
as one of the top law firms in
COMPLIANCE & INVESTIGATIONS
NAVACELLE recognized in 2022
CRIMINAL TAX LAW
Guide Litigation & Arbitration
Stéphane de Navacelle recognized in 2017
as one of the 40 under 40 World leading young
INVESTIGATIONS

Latest news and insights

News & Noteworthy content from Navacelle

Event
2 February 2023
ICC Mexico – Sapin II and France’s efforts to tackle corruption
Stéphane de Navacelle is invited by the ICC of México to talk about the Sapin II law and France's efforts...
Press review
Press review - Week of 12 december 2022
16 December 2022
Press review – Week of 12 December 2022
In this press review, from a judicial point of view, there are several important events: The Court de Cassation ruled...
Press review
2 December 2022
Press review – Week of 28 November 2022
In this press review, you will discover several important judicial events: the French Supreme Court clarified the status of victim...
Press review
Week of 31 October 2022
4 November 2022
Press review – Week of 31 October 2022
In this press review, you will find details on the new methods adopted by the French national anti-terrorist prosecutor's office...
Press review
Week of 17 October 2022
21 October 2022
Press review – Week of 17 October 2022
In this press review you will find two significant events: (1) Lafarge pleads guilty in the United States for providing...
Publication
6 October 2022
Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption
Stéphane de Navacelle and Juliette Musso discuss the issues of jurisdiction and powers of international arbitrators when faced with allegations...
Press review
Press review - Week of 19 September 2022
23 September 2022
Press review – Week of 19 September 2022
In this week's press review, you will discover the criminal initiatives at the European Union level announced by the President...
Press review
Press review - Week of 5 September 2022
9 September 2022
Press review – Week of 5 September 2022
In this press review you will find two cases regarding the criminal prosecution of foreign nationals. First, the review addresses...
Press review
Press review - Week of 18 July 2022
22 July 2022
Press review – Week of 18 July 2022
In this review you will discover a Dalloz study on the growing control of the European Courts on arbitration matters,...
Analysis
Transposition of the European Whistleblowers Directive: Towards a reinforcement of the French protection system
14 July 2022
Transposition of the European Whistleblowers Directive: Towards a reinforcement of the French protection system
The text of the law aimed at improving the protection of whistleblowers, drafted by the Joint Committee, was approved by...
Analysis
AFA and PNF Practical Guide on the internal anti-corruption investigation
14 July 2022
AFA and PNF Practical Guide on the internal anti-corruption investigation
The internal investigation, as a modulator in the detection of corruption or influence peddling, represents a fundamental tool for the...
Analysis
Assessment of the first months of activity of the European Public Prosecutor's Office
14 July 2022
Assessment of the first months of activity of the European Public Prosecutor’s Office
The first activity report of the European Public Prosecutor’s Office for 2021 presents its promising beginnings and emphasizes on its...
See all news and insights

Stay ahead in a rapidly changing world

Subscribe for Navacelle insights & critical updates

Listen all podcasts