• In 2004, the DOJ collected about $11 million in criminal fines. In 2009 and 2010 combined, the DOJ collected nearly $2 billion in criminal fines.

  • The FBI has trained a special investigative unit for FCPA violations.

  • FCPA enforcement officials currently have more than 150 criminal and 80 civil investigations underway.

  • New FCPA whistleblower provisions increase risks.

  • In 2010, 52 individual businesspeople were indicted, sentenced, or convicted and are awaiting sentencing for FCPA violations.

  • Enforcement officials resolved 6 FCPA enforcement actions in 2002. In 2010, they resolved 71.

  • In 2010 alone, five FCPA settlements exceeded $100 million.

  • The amount of FCPA penalties tripled between 2009 and 2010.

  • Individuals are facing significant FCPA fines and jail time for authorizing improper payments.

  • FCPA actions are increasingly brought against small and medium-sized companies as well as high-profile multinational corporations.


Due Diligence

Matteson Ellis Law, PLLC assists companies in conducting due diligence on third parties and partners in mergers and acquisitions.

Third Parties:

A company can be held liable for improper payments made to foreign officials by its third party agents, consultants, and vendors. To manage this risk, companies should conduct adequate due diligence on third parties. The level of due diligence required depends on the type of work performed by the third party, the characteristics of the third party, and the risk environment associated with the third party’s work. Due diligence might include third party questionnaires, reputational and public record background checks, interviews with representatives to identify red flags, and compliance training.


Companies should conduct due diligence before signing onto a merger or acquisition. Under the FCPA and other international anti-corruption laws, an acquiring company can be liable for the prior corrupt acts of the acquired company. To manage this risk, companies should vet the business practices of the acquired company and remedy any compliance weaknesses. When companies merge, their compliance programs should be harmonized.

Our competitive global marketplace requires that due diligence work be conducted in an efficient and timely manner. The firm works with a global network of seasoned investigators, forensic accountants, and research providers to ensure that the diverse needs of our clients are met.

Yerevan, Armenia