FCPA Acquisition Due Diligence – China

A global manufacturer of highly engineered products retained WCF personnel after an acquisition due diligence report of a proposed merger revealed that an acquisition target may have made improper payments to various government officials in exchange for the award of lucrative government contracts. The work included a review of policies, procedures and internal controls, background investigations of key individuals, an extensive review of vendor disbursements and gifts, travel and entertainment expenditures and other forensic, investigative and compliance risk assessment procedures. The culmination of our work was the joint development of a Management Action Plan of steps that the acquisition target was required to take prior the transaction’s closing and then a follow up audit to determine that each step in the action plan had been taken as agreed. This work enabled the client to complete its purchase of a strategically important target while avoiding undue risk of successor liability.