Foreign Corrupt Practices Act FCPA Violations Lawyer New Jersey — What Are Your Defense Options?
A Foreign Corrupt Practices Act (FCPA) investigation in New Jersey is a serious federal matter with severe penalties, including multi-million dollar fines and potential prison time. The Law Offices Of SRIS, P.C. provides focused legal help for individuals and corporations facing these complex charges.
Understanding the Foreign Corrupt Practices Act (FCPA)
The Foreign Corrupt Practices Act is a U.S. federal law with two main provisions: the anti-bribery provisions and the accounting provisions. The anti-bribery provisions prohibit U.S. persons and businesses, foreign companies listed on U.S. stock exchanges, and certain others from making corrupt payments to foreign officials to obtain or retain business. The accounting provisions require issuers of securities in the U.S. to maintain accurate books and records and to devise and maintain an adequate system of internal accounting controls. Violations are prosecuted by both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
Last verified: April 2026 | U.S. District Court for the District of New Jersey | U.S. Department of Justice
Official Legal Resources
For the official text of the law, refer to the U.S. Department of Justice’s FCPA resource page. For information on enforcement actions and guidance, visit the SEC’s FCPA enforcement page.
handling an FCPA Case in New Jersey
FCPA cases in New Jersey are typically handled by the U.S. Attorney’s Office for the District of New Jersey, often in coordination with main Justice in Washington, D.C. The initial stages may involve a subpoena for documents, witness interviews, or a search warrant. Early and strategic engagement with counsel is critical. An experienced Foreign Corrupt Practices Act FCPA violations lawyer New Jersey can assess the government’s theory, conduct an internal investigation, and develop a response strategy that may include voluntary disclosure, negotiation, or preparation for trial.
- Secure Immediate Legal Representation: Do not speak to investigators without an attorney. Contact a federal defense lawyer familiar with the FCPA.
- Preserve and Collect Evidence: Implement a legal hold on all potentially relevant documents, emails, and electronic data.
- Conduct an Internal Investigation: Your attorney will oversee a privileged internal review to understand the facts and scope of the issue.
- Develop a Defense Strategy: Based on the investigation, your lawyer will advise on options, which may include cooperating with the government, negotiating a settlement, or litigating.
- handle Resolution or Trial: Your attorney will represent you in all proceedings, whether negotiating a deferred prosecution agreement or defending you at trial.
Potential Penalties for FCPA Violations
In New Jersey, FCPA violations can lead to severe criminal and civil penalties for both corporations and individuals, including massive fines and imprisonment.
| Violation | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Anti-Bribery (Corporate) | N/A | N/A | Up to $2,000,000 per violation | Disgorgement of profits, mandatory compliance monitor, debarment from government contracts. |
| Anti-Bribery (Individual) | Felony | Up to 5 years | Up to $100,000 (cannot be paid by employer) | Personal liability, loss of professional licenses, reputational damage. |
| Accounting Provisions | Felony / Civil | Up to 20 years (for willful violations) | Millions in civil penalties; criminal fines | SEC enforcement actions, shareholder lawsuits, delisting from stock exchanges. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings a formidable track record to complex federal cases. Our firm’s founder, Mr. Sris, is a former prosecutor with a background that provides a distinct advantage in dissecting financial and international evidence often central to FCPA matters. We approach each Foreign Corrupt Practices Act FCPA violations case in New Jersey with a detailed, strategic focus, understanding that these investigations are as much about legal nuance as they are about financial forensics and cross-border details.
Seeking Legal Help for FCPA Allegations
If you or your company is under scrutiny for potential Foreign Corrupt Practices Act FCPA violations, obtaining skilled legal help is the most critical first step. The Law Offices Of SRIS, P.C. offers 24/7 phone consultations. Our New Jersey location in Tinton Falls is by appointment only, serving clients throughout the state and across federal jurisdictions. We are a trusted resource for individuals and corporations needing a dedicated Foreign Corrupt Practices Act FCPA violations lawyer New Jersey.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-0900
By appointment only. 24/7 phone consultations available.
Frequently Asked Questions: FCPA Defense
What triggers an FCPA investigation?
Yes. Investigations are often triggered by whistleblower tips (including from foreign employees), internal audits, competitor reports, or suspicious transactions flagged by banks. The DOJ and SEC also proactively target industries and regions known for high corruption risk.
Can I go to jail for an FCPA violation?
Yes. Individuals convicted of criminal FCPA anti-bribery violations face up to 5 years in prison. Willful violations of the accounting provisions can carry sentences up to 20 years. A strong defense strategy from the outset is essential to mitigate this risk.
What is the difference between a “foreign official” and a private citizen under the FCPA?
It depends. The FCPA defines “foreign official” broadly to include any officer or employee of a foreign government, a public international organization, or any department or instrumentality thereof. This can include employees of state-owned enterprises (like oil companies or banks). Payments to purely private foreign citizens for business advantages generally fall under other laws, like wire fraud.
Are facilitation payments allowed under the FCPA?
No. While a narrow exception once existed for small “grease” payments to expedite routine governmental actions, this exception is extremely limited and risky. The DOJ and SEC view most such payments as bribes. Relying on this exception without specific legal advice is highly dangerous.
What should I do if my company receives an FCPA subpoena?
First, immediately engage a federal defense attorney experienced in FCPA matters. Second, issue a legal hold to preserve all relevant documents and data. Do not begin an internal investigation without attorney oversight to protect the findings under attorney-client privilege.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
A foreign corrupt practices act FCPA violations case is one part of our New Jersey federal practice, and our page on federal criminal lawyer New Jersey covers how these matters are handled.