Anti Corruption, Bribery and Compliance

Representative Matters

• Bloomberg NEF’s ranked and recognized in its ‘Clean Energy League Tables 2024’. It is the ‘Only Indian Law Firm’ to feature in the ‘Top 10’ of the said table.
• Drafting and advising on compliance programs and policies (including codes of conduct) for clients and assistance with implementation of such programs and necessary processes.
• Drafting contracts and third party due-diligence questionnaires for clients to mitigate corruption risks in their interaction with third parties such as agents, vendors and business partners.
• Advising on legal issues under Indian anti-corruption laws and laws governing fraud including the Bharatiya Nyaya Sanhita, 2023 (erstwhile Indian Penal Code (IPC), 1860), the Prevention of Corruption Act (POCA), 1988, Companies Act 2013. Lokpal and Lokayuktas Act, 2013, Foreign Contribution (Regulation) Act (FCRA), 2010 and Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Code of Criminal Procedure (CrPC), 1973), besides advice on related laws, such as employment laws and sector-specific regulations applicable to clients.
• Conducting internal investigations under client-attorney privilege (including interviews of witnesses, whistle blowers and subject persons), undertaking comprehensive review of documents to assess the nature, extent and implications of potential bribery, fraud and ethics & compliance violations, and rendering assistance with post-investigation meditative actions in accordance with employment and criminal laws.
• Advising in relation to award of government contracts (including public procurement contracts), viz. compliance with codes and guidelines issued by the relevant government agency and rules and standards applicable to public servants.
• Conduct of extensive due diligence of entities based in India and foreign entities operating in India with specific focus on analysis of contracts, transactions and relationships with various business associates, exposure based on sector specific regulatory requirements, and advice on UKBA risks and red flags from the point of view of FCPA and potential liabilities under Indian law.
• Advising on suitable safeguards from a FCPA/ UKBA perspective in cross-border transactions including acquisitions, joint ventures and private equity deals.
• Initiating and representing clients in proceedings involving alleged breaches of anti-corruption laws before various fora such as Sessions Courts, High Courts of various jurisdictions and the Supreme Court.
• The Firm’s Tax Practice (both Direct Taxes, such as Income Tax and Indirect Taxes such as Excise tax, Customs) is experienced and well equipped to address any accounting issues that may arise during the course of anti-corruption investigation or internal audit of a company.
• The Firm’s Criminal Litigation and Dispute Resolution practices are adept to provide clear, practical and effective solutions and if needed, legal representation to the clients to institute or defend any proceedings arising from an investigation.
• Given the full range of legal advice being provided by the Firm, the Firm has the capability to cross-staff counsels across different practice areas to provide comprehensive advice as per the client’s requirements.

Given the nature of this practice and the strict confidentiality maintained by the Firm, we are not in a position to disclose client names and specific details of various matters that the Firm has been involved in.

Anti-Corruption and Compliance Advisory

• Assisted a multinational chain of luxury hotels on conducting an internal investigation into allegations of fraud, misappropriation of funds and bribery by senior management in India. The Firm has also provided assistance with respect to the formulation of strategy in relation to the conduct of the investigation, engagement of forensics advisers, conduct of interviews with employees and advised on the issues pertaining to fraud and corruption under applicable Indian laws.
• Advised a US based brand and event marketing company on an investigation into the Indian business arm of the client following whistle-blower allegations pertaining to embezzlement, misappropriation, fraud and corruption followed by advice in relation to possible disciplinary actions to be adopted.
• Assisted and advised a leading global electronics company on formulating their business standards of conduct for their Indian subsidiaries. It involved formulating a policy for all subsidiaries incorporated in India so as to comply with all national regulations and laws governing all aspects of their operations in India, including human rights, procurement, bribery, money laundering, intellectual property rights, work place and community relations including CSR and FCRA. Additionally, the Firm carried out an anti-bribery compliance audit on a manufacturing unit acquired by them in India and prepared a compliance report summarizing the findings of the audit.
• Assisted and advised a multi-national liquor manufacturer on conducting an investigation borne out of a whistle-blower’s allegations regarding possible fraud, financial misappropriation and violation of anti-corruption laws such as POCA and FCRA by employees of its Indian subsidiary.
• Assisted and advised a multi-national liquor manufacturer on conducting an audit of its Indian subsidiary to ensure compliance with Indian anti-corruption laws such as POCA and FCRA and submitted a detailed report on the same. The Firm drafted an indigenized code of conduct for the Indian subsidiary to provide guidance in key areas of Indian anti-corruption regime so as to ensure that the subsidiary carries out its operations in accordance with the prevailing law. Additionally, the Firm drafted contracts to be entered into with various third parties so as to mitigate any corruption risk for the client.
• Advised a leading company manufacturing electrical appliances on various issues relating to anti-corruption laws in India as well as the FCPA and in preparing compliance guidelines and policies. The Firm also advised them on structuring the optimal manner of operating their business in India from the perspective of limiting any potential liability under the Indian anti-corruption laws.
• Assisted a large Spanish medical equipment manufacturer on reviewing their anti-corruption, gifts, hospitality, intermediaries, sponsorships and donations policies and conducted training sessions on these policies for the employees of their Indian subsidiary.
• Assisted a large US based original equipment manufacturer on formatting guidelines on permissible hospitality that may be provided in the context of Indian anti-corruption laws such as the POCA and the FCRA.
• Assisted an Indian associate of one of the largest foreign companies in the liquor industry on formulating and implementing a comprehensive anti-bribery and compliance programme, pursuant to the acquisition of a controlling stake in the Indian associate company. Additionally, the Firm assisted on the formulation and review of the various policies related to inter-alia insider trading, anti-trust, money laundering, employment, discrimination and harassment at workplace, information management and data protection etc.
• Assisted an appliance company on compliance audit from the perspective of applicable laws and company policies pertaining to anti-corruption, anti-trust and tax. Additionally, the Firm undertook review and finalization of memos on various issues such as anti-corruption laws and law regulating E-waste management in India.
• Assisted a leading garment company on complaints received against a few of its employees regarding incidents of financial misconduct, sexual harassment, and misuse of company assets. The advice related to the violations of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Additionally, the Firm undertook review and finalization of the step plan for conducting Internal Complaints Committee proceedings; and providing a comprehensive analysis of each of the written complaints by the aggrieved women employees, the corresponding violations of the client’s prescribed code of conduct, violations of Indian laws and suggestions on the possible course of action against the delinquent employees.
• Assisted a leading US based technology company on responses to queries regarding the provision of free services to political parties and Government Ministries and whether such services would violate any campaign financing, public procurement or anti-corruption laws in India.
• Assisted a global IT hardware company on conducting interviews of its employees and agents in an internal audit of its Indian subsidiary and advised the client on various issues of anti-corruption laws in India as well as corporate criminal liability on account of corrupt practices by a company’s employees.
• Assisted an Indian joint venture of a US based aerospace manufacturer on internal investigation in relation to allegations of bribery, kickbacks and misappropriation of funds pertaining to the engagement of a customs house agent by the Indian joint venture company for the import of aircraft simulators.
• Assisted one of the largest imaging companies in the world on conducting an anti-corruption audit of its wholly owned Indian subsidiary. The audit included conducting interviews of the employees of the Indian subsidiary regarding compliance with anti-corruption laws in their operations and functions as well as preparation of a report highlighting our findings and recommendations thereto. The Firm drafted an indigenized code of conduct for the Indian subsidiary to ensure compliance with Indian anti-corruption laws.
• Assisted one of the largest international organizations in conducting internal investigation of one of its agencies for complaints against misappropriation and embezzlement of funds.
• Advised in a suit of misappropriation of funds, cheating and criminal breach of trust involving one of the largest smartphones manufacturers in the world.
• Assisted in investigation of one of the leading e-commerce entities in India for anti-competitive behaviour including vendor favouritism. The investigation involved conducting a comprehensive review of communication emails and chats and suspect interviews.
• Assisted a leading Indian IT company in investigating fraudulent activities of its employees and developing its fraud risk management framework. The investigation involved document review and conducting suspect interviews.
• Advised in a suit of misappropriation of funds, cheating and criminal breach of trust involving a leading advertising firm and its employees.
• Advised in a suit of misappropriation of funds and criminal breach of trust involving a leading quality assurance firm and its employees.
• Assisted one of the largest steel production companies in India in conducting an internal investigation in relation to allegations of misrepresenting sales and inventory figures, and claiming bogus expenses.

Anti-Corruption Litigation

• Accused in a corruption matter in the case of CBI v. Suresh Kalmadi: The prosecution had alleged malpractice adopted by the aforesaid company in conspiracy with various committee officials of the Commonwealth Games, 2010 to illegally be awarded a tender thereby causing an exorbitant loss of USD 14.79 Million to the state exchequer.
• An Indian joint venture of a multi-national telecom company-
• Accused of various charges under the POCA and other criminal legislations.
• In an allegation by CBI that the client has conspired with the then manager of the National Institute of Ocean Technology wherein bogus invoices worth USD 0.71 Million were approved by a co-accused and false payments were released in favour of the company. This was in the case of CBI v. G. Janakiraman and Another.
• Who was accused in the case of CBI v. D.K. Sugan. Wherein the CBI accused officials of the Municipal Corporation of Delhi for conspiring with an Indian company for awarding it a tender involving malpractice as well as forgery of the tender documents, the Firm was successful in getting the allegations discharged against him.

The Firm regularly advises clients on Indian anti-corruption laws as well as on the Indian implications of the U.S. Foreign Corrupt Practices Act (FCPA), 1977, and the U.K. Bribery Act, 2010.

The Firm represents companies and individuals in some of the biggest graft prosecutions in India and boasts of handling white-collar crime prosecutions which are on a rise in India.

In the area of white collar crimes, we have, in the past assisted clients on various issues including those emanating from allegations of fraud, bribery, embezzlement, misappropriation, money laundering and accounting irregularities, as well as provided assistance in formulating and implementing remedial and preventive mechanisms.

The Firm has been called upon to render assistance in a broad range of capacities including as investigators, transactional and policy advisors as well as legal representatives before authorities, tribunals and courts.

The advice provided by the Firm encompasses elements of company law, criminal law, anti-corruption laws, tax laws, sector-specific compliance guidelines as well as compliance requirements under specific procurement regulations.