The white-collar enforcement and regulatory regime in India has evolved significantly in recent times, in tandem with an overall global increase in scrutiny on white-collar crimes and corporate governance. Some recent developments include the (Indian) Companies Act, 2013 introducing the offence of fraud with stringent disclosures and penalties, the introduction of the Companies (Auditor’s Report) Order, 2020, and the 2018 amendment to the Prevention of Corruption Act, 1988. Parallelly, with the increasing extra-territorial reach of the Foreign Corrupt Practices Act, 1977 (FCPA) and the UK Bribery Act, 2010 (UKBA), foreign enforcement authorities are placing emphasis on corporate actions in context of corruption and fraud, and companies across the world are under heavy scrutiny. There is an upward trend in enforcement actions and corporates realize the need for to take cognizance of impending risks and undertake adequate preventive and corrective measures against compliance violations and corporate fraud.
To effectively and comprehensively augment its full-service legal offerings, JSA has a well-established and extensive White-Collar Crimes and Investigations practice. We assist domestic and multinational corporates with internal investigations and fact-finding exercise along with advice on white collar crimes such as corruption, bribery, misgovernance, fraud, misconduct, money laundering, cybercrime, embezzlement and all other economic offences. We also advice on ancillary matters such as employment issues and data privacy concerns. JSA’s white-collar practice provides comprehensive and end-to-end assistance and advice, from internal governance concerns to litigation, for global and domestic corporations alike.
We also assist in compliance diligence as part of M&A and PE transactions and vet corporate entities for compliance with anti-corruption laws and best practices. We conduct internal investigations into claims of misconduct, fraud and other such matters. Having worked on diverse matters related to compliance investigations under the (Indian) Companies Act, 2013, India leg of FCPA and UKBA matters, whistle blower investigations and advisory solutions to implement a comprehensive ethics framework, we have both an in-depth understanding of the sector as well as the skills required to deliver effective and regulation specific legal counsel.
We prepare, design and review corporate compliance programs; policies, practices, and procedures on anti-corruption and whistle-blowers, codes of governance, ethics, and conduct; and internal controls. JSA also conducts training programs and sessions on anti-corruption laws and whistle-blower policies, code of conduct and ethics, internal controls for the board of directors, key managerial personnel, executives, managers, employees, agents, and other appropriate third parties, in diverse formats such as one-on-one training, seminars, workshops, and off-sites.