New York City FCPA and Foreign Bribery Lawyer

The Foreign Corrupt Practices Act is one of the most aggressively enforced federal statutes in the United States, and New York sits at the center of that enforcement universe. Major financial institutions, multinational corporations, private equity firms, and the executives who run them regularly come under scrutiny from the Department of Justice and the Securities and Exchange Commission. When a federal investigation lands on your desk, or when a grand jury subpoena arrives, or when a colleague surfaces as a cooperating witness, the time for deliberation is over. What matters then is who is in your corner, what they know about how these cases actually get built, and whether they have the instincts to match the government’s playbook before it closes around you. This page is about what New York City FCPA and foreign bribery defense actually looks like in practice, and why the attorney you choose changes everything about where this ends.

FCPA enforcement targets a specific class of conduct: payments, promises, or offers of anything of value to foreign government officials for the purpose of obtaining or retaining business. The statute has two main pillars, the anti-bribery provisions and the accounting provisions, and they operate differently. The anti-bribery side requires intent. The accounting side does not. Companies and individuals can face criminal exposure under the books-and-records provisions even when a prosecutor cannot prove that anyone knew what was happening. That asymmetry is what makes FCPA cases so dangerous, and it is why early, aggressive representation is not optional.

New York’s role in this ecosystem is outsized. The Southern District of New York and the Eastern District of New York together account for a disproportionate share of federal corruption prosecutions. SDNY in particular has developed a reputation for pursuing complex financial crime cases with institutional intensity. If you are the subject of an FCPA investigation, the chances are high that the prosecutors on the other end of that case have handled dozens of them. You need counsel who has spent time on both sides of this table.

How Jason Goldman Approaches Federal Bribery and FCPA Defense

Jason Goldman began his career as a Brooklyn prosecutor, where he built his understanding of how the government constructs complex criminal cases from the inside. That prosecutorial foundation is not a credential to mention in passing. In FCPA and foreign bribery defense, understanding the internal mechanics of a federal investigation, how cooperators are cultivated, how document requests are sequenced, how charging decisions get made, is the difference between a defense that reacts and one that shapes outcomes before charges are filed. Mr. Goldman has been recognized by the New York Post as “high-powered” and by WABC’s Sid Rosenberg as “brilliant,” not because of marketing, but because of results in cases where the stakes were existential for the client.

His firm represents corporate executives, finance professionals, real estate developers, and others who occupy positions of influence and face scrutiny at the highest levels. The practice spans pre-arrest investigations through trial and appeal, which matters enormously in FCPA cases, where the pre-charge phase is often where the case is won or lost. Mr. Goldman is deliberate about representation: this is a boutique practice built for clients with extraordinary stakes, not a volume operation. That selectivity means the people who retain him get his full attention, his judgment, and his network, including forensic experts, private investigators, crisis communications specialists, and other professionals who are brought in when the situation calls for it. He is admitted in the Southern District and Eastern District of New York, the courts where FCPA prosecutions most frequently land in this market.

What FCPA and Foreign Bribery Investigations Actually Cover

• Anti-Bribery Violations: The core prohibition under the FCPA covers payments or promises made to foreign officials to influence official decisions, covering both direct payments and payments routed through intermediaries, consultants, or agents, a common structure in international business.
• Books and Records Violations: Companies subject to SEC reporting requirements must maintain accurate books that reflect all transactions. Mischaracterizing bribe payments as consulting fees, commissions, or marketing expenses triggers criminal and civil liability, often without proof of corrupt intent.
• Internal Controls Failures: The FCPA requires issuers to maintain internal accounting controls sufficient to prevent unauthorized payments. Weak compliance programs are both a source of liability and a mitigating factor in how DOJ structures resolutions.
• Third-Party and Agent Liability: A significant share of FCPA enforcement actions involve payments made through distributors, joint venture partners, or local agents. “We didn’t know” is rarely a complete defense when red flags were present and due diligence was skipped.
• New York State Bribery Charges: Foreign bribery cases sometimes run alongside New York state charges involving commercial bribery, grand larceny, or conspiracy. State prosecutors, including the Manhattan DA’s office and the New York Attorney General, may pursue parallel tracks.
• Individual Executive Exposure: DOJ policy in recent years has emphasized individual accountability in corporate cases. Executives who authorized, approved, or failed to stop improper payments face personal criminal jeopardy even when their company enters into a deferred prosecution agreement.
• Deferred and Non-Prosecution Agreements: Many FCPA matters resolve through DPAs or NPAs rather than indictment. Negotiating the terms of these agreements, the scope of the monitor, the compliance requirements, the fine structure, requires counsel who understands what the government actually wants from these resolutions.

When the Government Comes Calling: What to Do and What Not to Do

The first signal that something is wrong is rarely a formal notice. It tends to arrive sideways, a call from the company’s general counsel about a DOJ inquiry, a subpoena directed at a former colleague, a request from your employer’s compliance department for documents you signed years ago. The instinct for many people is to cooperate immediately, to explain, to demonstrate that they have nothing to hide. That instinct is dangerous without counsel present, because every statement you make before retaining a lawyer becomes evidence, and the government is not obligated to warn you that you are a target when they ask for your help.

The right move, immediately, is to retain personal counsel who is separate from company counsel. When a company is under investigation, the company’s lawyers represent the company, not you. Their interests and yours may diverge, especially if the company decides that offering up individual employees is the price of a favorable corporate resolution. Independent counsel is not optional in this environment; it is the first protective layer between you and a prosecution that was being built before you knew the investigation existed.

From there, the work begins in the investigation phase, not the courtroom. In the Southern District, FCPA investigations are handled by the Fraud Section of Main Justice in coordination with SDNY prosecutors. Understanding how those offices divide authority, where decisions actually get made, and what the government considers cooperation that meaningfully reduces exposure is granular knowledge that takes years to develop. Document preservation is another immediate priority. Destroying or altering documents after a subpoena has been served, or even after you have reason to believe an investigation is underway, can elevate a civil matter to an obstruction charge. Your counsel needs to be engaged before any documents are reviewed, shared, or disposed of.

If you are based in New York, federal proceedings in FCPA cases will most likely proceed through the U.S. District Court for the Southern District of New York at 500 Pearl Street in Manhattan, or the Eastern District courthouse in Brooklyn. Grand jury proceedings, if they occur, are sealed, and the first time many targets learn they are subjects of a grand jury investigation is when an indictment is returned. That reality underscores why pre-charge representation is the most consequential phase of any FCPA defense.

How These Cases Move: Stages That Define the Outcome

FCPA investigations tend to be long. The DOJ and SEC have learned to be patient, spending years developing corporate cases before the first individual is charged. For the people inside those investigations, that timeline creates prolonged uncertainty and pressure. Companies frequently enter settlement agreements that require them to produce employee records, cooperation, and testimony. Each of those productions narrows the field and sharpens the government’s focus. By the time individual charges are considered, the government has often already assembled a substantial record.

Defense work in this environment is not linear. The pre-investigation phase involves countering the narrative before a formal case exists. That means challenging the characterization of payments, examining whether the individuals involved qualify as “foreign officials” under the statute, probing whether any facilitation payment exceptions might apply, and building a record of good faith compliance efforts that can influence prosecutorial discretion. It also means managing public exposure carefully. FCPA matters frequently attract press attention, and the reputational damage from early coverage can outrun the legal proceedings themselves. Mr. Goldman’s practice includes strategic media engagement on behalf of clients when the situation calls for it, drawing on relationships with journalists and communications professionals to ensure that the public story does not get written entirely by the government’s press releases.

If a case moves toward trial, the defense challenges shift. The government must prove that the defendant acted corruptly, which requires evidence of intent. Financial records, communications, and the testimony of cooperating witnesses become the battleground. Cross-examining cooperators who have made deals with the government is one of the most demanding skills in federal criminal practice, and it requires preparation, courtroom instinct, and the confidence that comes from having tried cases to verdict. Mr. Goldman has tried more than 25 cases to verdict across a career that spans every phase of criminal litigation, and that trial record is not incidental to FCPA defense. It is why the government’s calculus changes when he is across the table.

Questions About FCPA and Foreign Bribery Defense in New York

What exactly is the Foreign Corrupt Practices Act?

The FCPA is a federal statute that prohibits U.S. companies, U.S. persons, and certain foreign companies listed on U.S. exchanges from bribing foreign government officials to obtain or retain business. It also requires issuers to maintain accurate books and records and adequate internal accounting controls. The DOJ and SEC share enforcement authority, with DOJ handling criminal cases and SEC pursuing civil matters against issuers.

Who can be prosecuted under the FCPA?

Both companies and individuals face exposure. U.S. citizens and companies are covered regardless of where the conduct occurred. Foreign nationals and companies can face liability if they took any act in furtherance of the bribery within the United States, which in today’s environment includes using U.S. banks, email servers, or communications infrastructure.

What are the penalties for FCPA violations?

Criminal penalties for individuals include significant fines and imprisonment. For companies, fines under the FCPA itself can reach into the millions, and when combined with disgorgement of profits and penalties under related statutes, corporate resolutions have totaled hundreds of millions of dollars in major cases. Individuals convicted of FCPA violations may also face debarment from government contracting and collateral consequences affecting their ability to work in regulated industries.

Is my company’s lawyer also my lawyer if we are both under investigation?

No. Company counsel represents the company, and when the company’s interests diverge from yours, they will act in the company’s interest. You need independent personal counsel from the moment you have reason to believe you are the subject of government scrutiny.

What does it mean to be a “subject” versus a “target” in a federal investigation?

The DOJ uses these designations to communicate where someone stands in an investigation. A subject is a person whose conduct is within the scope of the grand jury inquiry. A target is someone for whom the government has substantial evidence linking them to a crime and who is likely to be charged. These categories are not static, and people move between them as investigations develop, which is one reason why early legal representation matters.

Can I be charged individually even if my company reached a settlement?

Yes. This is one of the most important things executives and employees need to understand. When a company enters a deferred prosecution agreement or a non-prosecution agreement, the company may be resolving its own liability. Individual employees can still be charged criminally even after a corporate resolution. In fact, DOJ policy in recent years has explicitly prioritized individual accountability alongside or following corporate settlements.

What is the “facilitation payment” exception and does it still matter?

The FCPA contains a narrow exception for payments made to foreign officials to expedite or secure the performance of routine governmental actions, such as processing permits or providing utilities. This exception has become significantly less useful over time. Many countries where U.S. companies operate prohibit these payments under their own laws, and relying on the facilitation payment defense in a U.S. prosecution carries real risk without careful legal analysis of the specific facts.

How does the government identify FCPA violations in the first place?

Investigations often begin through whistleblowers, many of whom report through the SEC’s whistleblower program, which provides financial incentives for reporting securities law violations including FCPA violations by issuers. Other triggers include voluntary self-disclosures by companies, Foreign Corrupt Practices Act tips from foreign governments, suspicious activity reports filed by financial institutions, and investigative journalism. Once an investigation opens, it tends to be thorough and patient.

What role does a private investigator play in an FCPA defense?

In complex federal matters, independent fact-gathering is often critical. A private investigator working under the supervision of defense counsel can conduct interviews, locate documents, identify witnesses, and build a counter-narrative to the government’s theory of the case. Mr. Goldman’s practice regularly incorporates forensic experts and investigators as part of the defense team, particularly in cases where the government has had years to develop its own evidence before the defense even knew an investigation existed.

If the conduct happened abroad, can U.S. prosecutors really reach it?

Yes, and aggressively so. U.S. courts have consistently upheld broad jurisdictional theories in FCPA cases. The use of U.S. financial systems, email communications routed through U.S. servers, and even travel through U.S. airports have all been cited as jurisdictional hooks. The globalization of financial infrastructure has effectively extended U.S. prosecutorial reach into transactions that may feel entirely foreign to the people involved in them.

How long does an FCPA investigation typically last before charges are filed?

These investigations are often measured in years, not months. The DOJ and SEC coordinate extensively, and corporate resolutions are often negotiated over long periods before any individual is charged. The extended timeline is not passive. The government continues building its case throughout. For anyone aware of potential exposure, waiting to engage counsel is one of the most costly decisions a person can make.

FCPA Defense Representation Across New York City and Beyond

The Law Offices of Jason Goldman represents clients facing federal bribery and FCPA scrutiny throughout the New York metropolitan area and, through pro hac vice admission, across the country. In New York City, the firm serves clients in Manhattan, including Midtown, the Financial District, Tribeca, and the Upper East Side, where many of the financial institutions and corporate headquarters that generate FCPA exposure are concentrated. The firm also represents clients in Brooklyn, Queens, Staten Island, and the Bronx, and extends its reach into the surrounding region, including clients in Westchester County, Nassau County, Suffolk County, and Bergen County and Essex County in New Jersey.

International business relationships often connect FCPA matters to clients in White Plains, Garden City, Stamford, and other financial and corporate centers in the New York region. Whether the underlying conduct occurred in Latin America, Asia, the Middle East, or Eastern Europe, if the investigation is landing in a New York federal courthouse, this firm’s knowledge of how the Southern District and Eastern District handle these cases is directly relevant to how your defense is built. Mr. Goldman is admitted in both the Southern and Eastern Districts of New York and in the State of New Jersey, and has the capacity to seek admission in other jurisdictions when a case requires it.

Contact a New York City Foreign Bribery Attorney

FCPA investigations do not announce themselves cleanly, and the window between early inquiry and formal charges is often where the outcome is actually decided. Jason Goldman is a New York City foreign bribery attorney who has spent his career at the intersection of aggressive prosecution and sophisticated defense, and who understands how these cases get built, how they get resolved, and what it takes to change the trajectory before the government’s narrative becomes the only narrative. If you are facing scrutiny under the FCPA, a related foreign bribery statute, or a parallel state charge, reach out to The Law Offices of Jason Goldman to discuss your situation in confidence.