phone icon+91-11 4195 4195

Anti Corruption & Compliance

Archer & Angel’s attorneys advise on all aspects of anti-corruption related services, including preparing and implementing compliance programs, conducting internal investigations, both into allegations of bribery and employee misconduct, conducting legal audits and due diligence exercises, advising on and implanting clean -up measures and training for legal departments and businesses.

The team has assisted on several India related compliance audits for US, UK, European and Japanese corporations having business interests in India, These include investigations conducted because of whistleblower complaints and into allegations of bribery. The investigations have often supported larger global audits to ensure compliance with the US Foreign Corrupt Practices Act or the UK Bribery Act. Our attorneys have also assisted companies being investigated by the UK Serious Fraud Office, the Department of Justice or the Securities and Exchange Commission of the US in responding to issues relating to Indian law, customs and procedures.

We also advise on Indian anti-corruption legislation including the Prevention of Corruption Act, the proposed amendments in 2013 to this law, Money Laundering Act, the proposed Prevention of Bribery of Foreign Public Officials Bill and the Indian Penal Code.

The team also works closely with our Employment Law practice in assisting with investigations into employee fraud, allegations of embezzlement, kickbacks and misconduct. We also advise on remedial action including revamping of employment contracts and employee handbooks, non-disclosure agreements; Codes of Conduct; employment termination procedures and negotiations, employment related due diligence and internal audits on compliance issues.

Some of our recent work in this area are listed below:

  • Advised a software services company (subsidiary of an US company) on allegations of employee fraud and kickbacks, including conducting an in-depth investigation into suspicious actions of senior management accused of taking kickbacks from recruiting companies and candidates applying for positions within the company; advised on employee discipline, terminations, employment law; and revamping all HR policies, including whistleblower policies.
  • Assisted a US multinational auto component manufacturer with 4 subsidiaries and/or joint ventures in India on conducting an in depth investigation into allegations of bribery by a whistleblower, assisting with an FCPA compliance audit, attending to questions raised by the Department of Justice and Securities and Exchange Commissions of the US, advising on employee discipline and other remedial action to ensure future compliance. Advised on customs law and procedure, tax laws, factory compliances etc.
  • Advised a US multinational involved in administering entrance tests to educational institutions on employee misconduct after allegations by a whistleblower regarding disclosure by employees of exam papers, kickbacks by exam candidates, investigations into allegations, advise on remedial action and initiating prosecution of guilty individuals.
  • Advised a US multinational in the software industry on investigating allegations of kickbacks being received by Facilities team from vendors while establishing various offices around India. Advised involved investigations into vendor- employee relationships, conducting interviews, remedial action for termination of employees’ services and other action such as revamping Code of Conduct, policies of due diligence and background checks into vendors.
  • Advised a UK confectionary and biscuit manufacturer on alleged acts of bribery and other violations in its Indian factory, including a review of factory and employee compliance, investigations into apparent malpractices to get factory licenses and permits for environmental clearance and sanctions from the electricity department
  • Advised one of the world’s largest tobacco companies on alleged violations conducted by its staff regarding engagement of vendors to assist with customs clearances of duty free products, bypassing customs regulations and procedures to clear import shipments, investigation into vendor/ customs house agent and implementing stronger vendor selection policies and background checks.
  • Conducting Asia-wide audit of an Indian manufacturer’s anti-corruption compliance program, and preparation of a comprehensive anti-corruption compliance program and assisted in training in various locations for businesses within the group.
  • Represented a US multinational manufacturing and distributing cosmetic products in India on allegations of bribery of enforcement officials in India by its staff, and alleged violations of tax law and procedure, worked with forensic accountants to determine extent of improper payments, assisted with enquires from the Department of Justice in the US.
  • Represented a subsidiary of an European railway engineering company regarding allegations of misconduct and bribery of Indian railway officials by its staff in India in order to obtain business contracts, advised on various Indian anti-corruption legislation and representation before Indian enforcement authorities.
  • Conducting India-wide due diligences on various acquired entities for an US information technology multinational, conducting risk assessment and advising on remedial action in connection with its facilities, customs law, tax law and procedure.
  • Assisted in investigating a group of senior Indian managers appointed to manage Indian operations of a US research and development company. Indian senior managers were accused of siphoning off funds from company’s bank account by appointment of and payment to fictitious vendors or companies specifically set up as shell companies as the employees. Advised on remedial action, termination of employees’ services and civil and criminal action against guilty individuals.