With the increasing extra-territorial reach of the Foreign Corrupt Practices Act, 1977 (FCPA) and the Bribery Act, 2010 (Bribery Act), recent years have globally witnessed a growing emphasis on corporate governance, transparency, responsibility, and accountability. Further, the recent amendments to the (Indian) Companies Act, 2013 (Companies Act) whereby the offence of fraud has been introduced along with stringent disclosures and penalties also demands due attention.
It has become pertinent for organizations to take cognizance of these impending risks and undertake adequate preventive and corrective measures against compliance violations and corporate fraud. Further, corporates have also realized the need for regular training and workshops for its employees to better enforce their code of conduct and anti-corruption policies.
JSA provides advise to its clients in this space through a dedicated practice area, namely, Anti-corruption, White Collar Crimes & Investigations (AWCCI). In our AWCCI practice, we actively assist clients in dealing with diverse issues arising in relation to fraud, white collar crimes and violation of internal codes of conduct. We represent and advise domestic and multinational corporates in India and
across the globe. Our AWCCI practice also complements our other practice areas which provide legal advice to corporates on diverse matters.
JSA advises on anti-corruption laws and conducts audits on compliance with the FCPA, Bribery Act, Companies Act, and other anti-corruption laws. We conduct internal investigations and fact-finding exercises into claims of suspected misconduct including bribery, fraud, white collar crimes, breach of fiduciary and statutory duty, data privacy, and/or conflict of laws. We also advise and represent our clients in case of violation of the applicable laws and suggest appropriate corrective steps that may be undertaken by them.
JSA conducts training programs and sessions on anti-corruption laws and whistleblower policies, codes of conduct and ethics, business conduct, internal controls for the board of directors, key managerial personnel, executives, managers, employees of the corporation and of agents and other appropriate third parties, in diverse formats such as one-on-one training, seminars, workshops, and off-sites. We also prepare, design and review corporate compliance programs; policies, practices, and procedures on anti-corruption; whistleblowers, codes of governance, ethics, and conduct; and internal controls.