The Foreign Corrupt Practices Act of 1977 (“FCPA”) makes it unlawful for certain persons and entities to make payments to foreign officials to assist in obtaining or retaining business.  Since inception, the FCPA applied to all U.S. persons and certain foreign issuers of securities.  In 1998, the FCPA was amended to permit the FCPA’s anti-bribery provisions to apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States.  

In the last few years, the U.S. Department of Justice (“DOJ”) has focused heavily on FCPA violations occurring in Central and South America, with major cases in Venezuela, Honduras, Paraguay, Panama, and Brazil.  Frontera Law’s partner Victor Cerda has represented several clients from these countries and Spain who were under investigation or indicted for FCPA violations.  Additionally, Mr. Cerda has prepared clients for DOJ proffers and successfully negotiated with DOJ Headquarters on plea agreements that included dismissal of charges and reduced sentencing ranges.  Mr. Cerda discreetly represented multiple clients in some of the largest FCPA investigations ever handled by the United States.