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 programme

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 programme 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 programme.

Our way

Tailor-made support regarding the 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 programmes. 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

How to best carry out a corruption risk mapping?

Following the discovery of facts likely to qualify as corruption, a company decides to update its corruption risk mapping to ensure the non-recurrence of these acts and its compliance program effectiveness.
Read Story

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 recognized once again in 2024 in
Sources say: “A strong team which is able to deal with complex white-collar matters including those with a cross-border element.
The firm is very adaptable to changing circumstances and able to respond quickly to increases in workload requirements.
A very good sense of the overall strategy in any case.”
Stéphane de Navacelle once again in 2023 picked in
Corporate Compliance & Investigations
Sources say: "Stéphane de Navacelle deep understanding of his area of expertise and his interpersonal skills make him a great lawyer"
Navacelle once again identified in 2023
as one of the world's top 100 firms for
Julie Zorrilla recognized in 2023
as Global Leader in
NAVACELLE recognized once again in 2024 in
Litigation & Arbitration
“ Excellent ”
NAVACELLE recognized once again in 2024
identifed as one of the Tier 1 law firm in
★ ★ ★ ★ ★
Julie Zorrilla selected in
Women in Investigations 2021 as
Stéphane de Navacelle recognized in 2023
as National Leader in

Latest news and insights

News & Noteworthy content from Navacelle

22 April 2024
Focus on the CJIPs respectively concluded at the end 2023 by ADP INGENIERIE and SEVES...
By approving the CJIPs signed between the National financial prosecutor’s office (procureur national financier - PNF) as well as ADP...
Bastille day newsletter 2023
14 July 2023
Bastille Day Newsletter 2023
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events...
13 July 2023
PNF updates its guidelines for judicial public interest agreements
In January 2023, the National Financial Prosecutor published its new guidelines on judicial public interest agreements, which are intended to...
Guide to Corporate Internal Investigations
21 April 2023
Guide to Corporate Internal Investigations by the American Bar Association
Julie Zorrilla and Stéphane de Navacelle contribute to the International Guide to Corporate Internal Investigations by the American Bar Association....
2 February 2023
ICC Mexico – Sapin II and France’s efforts to tackle corruption
Stéphane de Navacelle was invited by the ICC of México to talk about the Sapin II law and France's efforts...
25 January 2023
Overview of the AFA’s survey regarding French companies’ anti-corruption systems
On 30 September 2022, the French Anti-Corruption Agency published the results of its second survey of French companies’ anti-corruption systems....
25 October 2022
AFA’s national diagnosis survey of anti-corruption systems in businesses
On 30 September 2022, the AFA published its second national diagnosis survey of anti-corruption systems in businesses. It shows a...
18 October 2022
The U.S. Department of Justice announces new guidelines in the fight against corporate crime
Changes announced by the U.S. Department of Justice ("DoJ") in the fight against corporate crime.
BDN 2022
14 July 2022
Bastille Day Newsletter 2022
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events...
Guidance on Internal Anti-Bribery and Corruption Investigations
22 June 2022
Guidance on internal anti-bribery and corruption investigations
Highlight of the first-ever guidelines issued by the French authorities on internal anti-corruption investigations by Ropes & Gray LLP and...
25 April 2022
A global trend: The introduction of Deferred Prosecution Agreement regimes across the World
Stéphane de Navacelle spoke at the International Law Section Annual Conference hosted by the American Bar Association.
15 February 2022
Anti-corruption and international risk perspectives from recent developments in France
Focus on the current anti-corruption landscape in France, whose historical reputation for less aggressive enforcement has recently given way to...
See all news and insights

Stay ahead in a rapidly changing world

Subscribe for Navacelle insights & critical updates

Listen all podcasts