Examples of Fulcrum’s recent international work

Advice to a multi-national company regarding the DOJ’s investigation into Huawei

Fulcrum conducted an internal investigation for a client in relation to the DoJ’s investigation into Huawei for wire fraud and breaches of sanctions on Iran. We also advised the client on its approach to the DoJ.

Advice to a Caribbean State on reporting to the DoJ 
Fulcrum advised a Caribbean State on an investigation into a potential fraud committed on a national economic development fund in the context of a significant construction project. Advice in relation to reporting to the FBI and DOJ.

Internal investigations for a client in relation to DoJ reporting requirements

Fulcrum conducted a number of internal investigations for a multinational corporate client pertaining to activity in South Korea, Brazil and China as part of DOJ reporting requirements.

Alstom

Fulcrum represented Alstom in relation to the SFO’s investigation and prosecution of Alstom UK’s subsidiary, Alstom Network UK Limited, in relation to activity relating to India, Poland, Hungary and Tunisia. Following the largest contested corporate corruption prosecution in UK legal history, the company was acquitted in relation to 3 of the 4 charges brought against it.

Rolls Royce Executives

Fulcrum represented two senior executives in the context of the SFO’s investigation into Rolls-Royce and associated individuals, which involved attending Section 2 (witness) interviews and assisting in the process of finalising witness statements.

The Government of Barbados

Fulcrum are advising the Government of Barbados in relation to an investigation into alleged corruption affecting various departments, associated with the former Government (which held office between 2008 and 2018). 

An Oil & Gas Company

Fulcrum acted for a downstream Oil & Gas company in parallel with ICC and UNCITRAL arbitrations relating to supply disputes under several gas sales agreements (combined claim value $200m).

Advice to a Caribbean State

Fulcrum advised a Caribbean State on an investigation into a potential fraud committed on a national economic development fund in the context of a significant construction project. Advice in relation to reporting to the FBI and DOJ.

Alstom

Fulcrum represented Alstom in relation to the SFO’s investigation and prosecution of Alstom UK’s subsidiary, Alstom Network UK Limited, in relation to activity relating to India, Poland, Hungary and Tunisia. Following the largest contested corporate corruption prosecution in UK legal history, the company was acquitted in relation to 3 of the 4 charges brought against it.

Macmillan Publishers Limited in the largest pre-DPA settlement with the SFO 

Fulcrum represented Macmillan Publishers Limited in relation to investigations conducted into the publisher by the World Bank’s Integrity Vice Presidency, the City of London Police, and the SFO, which culminated in a £11.26 million civil settlement with the SFO in 2011(the largest pre-DPA civil settlement with the SFO).

Rio Tinto Senior Executive

In the context of the high-profile SFO investigation into Rio Tinto’s conduct in relation to the Simandou project in Guinea, Fulcrum are acting for a former senior executive.

ENRC in relation to the SFO’s long-running investigation into the company for alleged bribery and corruption 

Fulcrum represents ENRC in one of the longest running investigations in the SFO’s history concerning allegations of fraud, bribery and corruption in Africa in relation to the acquisition of certain substantial mineral assets.

Former executive of a former AIM-listed mining company 

Fulcrum are acting for a former senior executive of a former AIM-listed mining company facing investigation by the SFO for suspected fraud offences.

Internal investigation in Ecuador

We recently carried out an internal investigation for a multinational client in relation to allegations of bribery and corruption concerning their Ecuadorian subsidiary, as well as a review of the integrity of the company’s internal procurement policies and procedures.

Alstom

Fulcrum represented Alstom in relation to the SFO’s investigation and prosecution of Alstom UK’s subsidiary, Alstom Network UK Limited, in relation to activity relating to India, Poland, Hungary and Tunisia. Following the largest contested corporate corruption prosecution in UK legal history, the company was acquitted in relation to 3 of the 4 charges brought against it.

A multinational’s operations in China

Fulcrum advised a client in relation to allegations of misconduct during a UNOPS procurement exercise and non-cooperation with an IAIG investigation. Fulcrum advised on the initial response to the allegations, as well as the subsequent discussion regarding the allegations with the investigators.

Internal investigations relating to activity in South Korea and China 

Internal investigations pertaining to activity in South Korea, Brazil and China as part of DOJ reporting requirements.

 

Fulcrum Chambers is one of very few firms who have a real expertise in corporate white-collar defence and compliance processes. This comprehensive expertise allows them to provide a pragmatic, tailored advice to companies on compliance processes, as they are able to draw from their expertise in criminal defence.

Senior Regional Compliance Officer – Multinational Infrastructure Company

I felt they had a good relationship with the SFO and that there was considerable mutual respect between them.

Senior Executive – Multinational Engineering Company

More than two years on, people still talk about this gripping presentation and I am hugely grateful for the imaginative delivery which ensured the enduring embedding of our key compliance messages in the minds of our senior leadership team.

Chief of Staff , Multinational Aerospace Company

They got up to speed very quickly and were always very quick to respond…they listened to what I was saying and always acted in my best interests.

Head of International Group Function – Multinational Engineering Company

They supported and advised us implementing our legal strategy, relying on their thorough knowledge and deep experience in dealing with the SFO. They were always a source for new ideas and proposals when the situation so warranted and always provided effective advice and counsel.

Chief Compliance Officer – Multinational Transport Company

Frequently asked questions

Genuine Expertise: We have been, and continue to be, involved in many of the most significant and high profile international white-collar crime and regulatory investigations of the last decade. We have acted for, and currently act for, governments, listed multinationals, top-tier banks, and C-suite executives.

Vertically Integrated: We provide everything from initial due diligence and compliance advice through to acting as trial counsel for companies and executives facing prosecution.

Bespoke: We build the right team to suit the specific needs of our clients on a case-by-case basis.

International: We work where our clients work and have real, on-the ground experience in over 20 jurisdictions across the globe, including conducting long-running projects with teams based within our clients’ offices, and have conducted effective, technology driven remote investigations in relation to dozens of others.

Conflict-free: The exclusive and specialised nature of our practice means we are generally conflict-free.

Flexible Fee Structures: Our years of experience operating on fixed fee and flexible pricing models means that our clients benefit from transparency, certainty and the ability to budget regardless of the complexity or size of the matter.

We pride ourselves on being able to deliver flexible, tailored pricing models to suit our clients’ businesses. Some clients prefer hourly rates, but much of our work is also undertaken on a fixed fee basis, so that our clients can benefit from transparency, certainty, and the ability to budget, regardless of the complexity or size of the instruction.

None of our lawyers have billable hour targets because we don’t believe that this delivers the best efficiencies, service, or value for our clients. We believe that the most important thing we can deliver to our clients is the quality of our advice and not just the number of hours that our lawyers work.

We are based on London but we operate across the Globe. We work wherever our clients need us to work and have significant experience of overseas investigations and litigation. Almost all of our work involves international elements. More details of our international work can be found here.

Our origins are at the English Bar, having been founded by two barristers (David Williams QC and Ivan Pearce) and the ‘Chambers’ in our full name is a nod to this history (which you can read more about here). Whilst we continue to employ a number of barristers, we are not a Chambers or ’Set’; instead we are regulated by the SRA and now employ solicitors, investigators, compliance experts, and other professionals, alongside our barristers. This means that we are perfectly positioned to assist our clients with every aspect of their compliance, investigations, defence, and disputes needs. Most people now know us simply as Fulcrum.

Fulcrum Diligence is our sister company who specialise in delivering due diligence reports and training, and advice on Counter-Party (or Third-Party) due diligence systems and controls.

The two companies often work together on a variety of matters including internal investigations and compliance.

You can learn more about our due diligence offering and Fulcrum Diligence here.

The practice areas and sectors listed on our website are illustrative of the type of work we do, and the sectors we operate in, but they are not exclusive.

If you are seeking assistance in relation to compliance, investigations, white-collar or regulatory criminal defence, or disputes, it is likely that we will be able to help.

Please do contact us.

Yes. Most of our work is for international clients or clients with a significant presence overseas.

The nature of modern commerce means that transactions often cross borders and involve multiple jurisdictions. The first, important step, is to understand which jurisdictions’ laws and regulations are applicable. We can advise on that.

Criminal law is becoming increasingly extra-territorial in its reach and you might fall within its jurisdiction in circumstances that may surprise you. The jurisdictional reach of the bribery offences under the UK Bribery Act, for example, extends to offences that are committed or partly committed in the United Kingdom and offences committed abroad by persons with a close connection to the United Kingdom.

We also work closely with carefully selected partners across the Globe whom we can call upon at a moment’s notice to advise on matters of foreign law and procedure.

Yes. As well as acting for corporates, we frequently represent and advise individuals who find themselves subject to document requests, questions, or interviews by regulators, prosecutors, or other government agencies. In recent years we have represented senior executives in some of the most high profile SFO investigations, including Rolls Royce and Rio Tinto.

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