Responding to a Russian Bribery Investigation:

1
Responding to a Russian Bribery Investigation
What to do if Local Enforcement
Authorities Come Knocking
2
Enforcement Authorities

• Investigators
• Public Prosecutors
• Policemen

3
Bribery Investigation
Initiated by the Company against its employee
Initiated against the Company or its employee
Initiated against a different physical person or
legal entity
4
Enforcement Authorities Inspection
Criminal or Administrative Proceedings Initiated
Preliminary Verification of Information
5
Bribery Investigation may start

• With prior notification
• In the absence of any notification

6
Investigative Procedures may involve

• Interrogation
• Examination
• Seizure of documents, computers, data storing
  devices, audio or video records
• Expertise
• Leaving evidence under custody

7
What to do
Check the Identity Document
Verify there are grounds for inspection or other
procedures
Ensure presence of the representative
Make sure the procedure and its results are
properly documented
Maintain full record of the process
8
Limits of Cooperation and Information
Disclosure. Issues to consider

• The Companys Role and Legal Status in the
  proceedings
• Which information is being officially requested
• Which information is pertaining to the
  proceedings

9
Ensuring Confidentiality of a Case and PR Aspect

• As few people as possible need to be involved
  into the procedure
• Adequate and Effective Corporate Policies
  implemented
• Getting ready for Investigation in advance

10
Working effectively with HQ legal counsel during
the investigation
Timely instructions
HQ legal counsel
Local Counsel
Timely informing on the procedure initiation
Advising on local rules and requirements
11
What is on the horizon

• More Bribery Administrative Cases against
  Companies may be expected
• Liability will arise for bribery of Foreign
  Officials