Enforcing compliance with Bank Secrecy Act (BSA)/AML laws has become a top priority for federal and state regulators and law enforcement who continue to see the US financial system as central to combatting illicit finance, from corruption to terrorist financing and other forms of criminal conduct. As penalties for violations grow, the business need for regulatory counseling and enforcement defense has never been greater. WilmerHale’s lawyers lead in both areas, offering clients not only our experience as trusted advisors to a diverse array of financial and other institutions, but also unmatched insight into the regulatory perspective gained through years of service in federal and state agencies. Our lawyers help to develop and execute compliance, training and global ethics programs that enable clients to withstand the geopolitical, economic and regulatory events that shape international business. This depth and breadth of experience allows us to help clients anticipate and understand the government’s priorities, communicate with regulators and law enforcement, and successfully resolve their most challenging matters and proceedings. Our lawyers have played a role in nearly all of the largest BSA/AML investigations to date, either as regulators and prosecutors or as client counsel representing a diverse array of foreign and domestic financial institutions. Our experience spans the lifecycle of enforcement, from responding to initial formal and informal requests for information through negotiating consent orders and compliance with consent orders. Our lawyers have assisted financial institutions with their responses to nearly all of the major congressional inquiries regarding BSA/AML issues over the last two decades. 

International transactions often implicate important foreign policy and national security concerns. In response, US, UK and EU sanctions and export control authorities have put in place extensive—and sometimes divergent—regulations that seek to address those concerns. These measures affect a broad range of business dealings around the world and present significant compliance challenges and liability risks. Our lawyers have the knowledge, experience and global reach to provide comprehensive compliance, transaction, enforcement and policy counsel on these matters, advising a wide range of international clients operating in many different business sectors. With a footprint across the US, Europe and China, WilmerHale brings a global perspective to resolving these issues, drawing on former government and intelligence experience and a longstanding record of effective client representation before relevant authorities. Our lawyers help businesses prevent violations that can lead to severe consequences, including corporate and individual criminal liability, civil money penalties, administrative sanctions such as suspension of export privileges, and reputational harm that can greatly exacerbate legal and regulatory consequences. 

Companies facing high-stakes government and internal corruption investigations, as well as those seeking anti-corruption risk assessments, M&A guidance and ad hoc counseling, rely on WilmerHale’s unparalleled FCPA/anti-corruption team. We develop and implement compliance programs that safeguard clients’ financial and business integrity, and help mitigate the risks that lead to corporate and individual criminal liability as well as civil and criminal penalties. We represent companies and individuals in DOJ, SEC, UK Serious Fraud Office, and Chinese Administration for Industry and Commerce investigations; perform internal investigations on the ground in Asia, Africa, the Middle East, Eastern Europe, Latin America and elsewhere; conduct risk assessments and benchmarking; advise on strategic transactions; develop and enhance compliance programs; offer ongoing and real-time counseling; and draft and conduct anti-corruption training. In addition to our strong US-based team, clients benefit from our lawyers’ extensive anti-corruption experience in the UK, Germany and China.