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

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

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

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
Julie Zorrilla recognized in 2022
as Global Leader in
BUSINESS CRIME DEFENSE
CORPORATES
NAVACELLE recognized once again in 2022
by The Lawyer Network
as International Law Firm of the Year in
WHITE COLLAR CRIME
NAVACELLE recognized once again in 2022
by Le Point
identifed as one of the Tier 1 law firm in
COMPLIANCE
NAVACELLE recognized once again in 2022
by The Legal 500 as
one of the top law firms in
COMPLIANCE
Stéphane de Navacelle once again in 2022 picked in Chambers Europe ranking
Category Corporate Compliance & Investigations in France
Sources say: "skilled lawyer, confident and experienced"
NAVACELLE recognized once again in 2022
by Global Law Expert
as International Law Firm of the Year in
WHITE COLLAR CRIME
NAVACELLE recognized once again in 2022
by Décideurs Magazine
Financial Market & Banking regulators and strock market litigation
Guide Litigation & Arbitration
Stéphane de Navacelle recognized once again in 2022
as Global Elite Thought Leader in
BUSINESS CRIME DEFENSE
CORPORATES

Latest news and insights

News & Noteworthy content from Navacelle

Press review
Press review - Week of 12 September 2022
16 September 2022
Press review – Week of 12 September 2022
In this week's press review, you will find three articles on white collar crime. Firstly, clarifications related to the cumulation of qualification for tax fraud and omis...
Press review
Presse review - Week of 27 June 2022
1 July 2022
Press review – Week of 27 June 2022
In the press review you will discover the clarifications given by the Criminal Chamber of the French Court de cassation in different decisions, in the field of offences a...
Publication
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 our partner Stéphane de Navace...
Press review
Press review - week of 2 May 2022
6 May 2022
Press review – Week of 2 May 2022
This week's Navacelle press review includes the latest news on criminal business law, criminal procedure, and international criminal law. The criminal chamber of the Cour...
Publication
Corporate criminal liability under french law - a decade of dramatic change
19 April 2022
Corporate criminal liability under French law, a decade of dramatic change
Introduction of the french law in the journal of Japanese Institute of International Business Law about corporate criminal liability in France over a decade of dramatic c...
Publication
The Practitioner’s Guide to Global Investigations - 6th edition
26 January 2022
Practitioner’s Guide to Global Investigations (2022) – GIR
NAVACELLE co-author of the sixth edition of the Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Event
The development of internal investigations and compliance under US influence
28 October 2021
The development of internal investigations and compliance under US influence (In french)
Julie Zorrilla was at Sciences Po to talk about the development of internal investigations and compliance under US influence with Marie de Boynes & Stéphane de Navacelle
Publication
French duty of care
3 September 2021
The European Parliament Lays the Foundations of a Corporate Due Diligence and Corporate Accountability
Julie Zorrilla, Thomas Lapierre and Stéphane de Navacelle, highlight for the International Bar Association anticorrpution news, the adoption on 10 March 2021 by the Memb...
Analysis
14 July 2021
The PNF looks back on a very unusual 2020 year
Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates
Analysis
14 July 2021
Compliance in the public sector: The Ministry of the Armed Forces issued its Code of prevention of breaches of probity
Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates
Analysis
14 July 2021
Future promulgation of a Law regarding the restitution of ill-gottens assets diverted by officials to the local populati...
Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates
Analysis
20 January 2021
Anti-corruption developments in jurisdictions around the world
International Bar Association Asset Recovery and Anti-Corruption Committees invited anti-corruption experts from around the world to meet in Paris to discuss the latest a...
See all news and insights

Stay ahead in a rapidly changing world

Subscribe for Navacelle insights & critical updates

Listen all podcasts