Paul E. Pelletier, a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton, was quoted in the August 3, 2016 Law360 article, "How to Avoid Botching an FCPA Due Diligence Inquiry."
Paul E. Pelletier, a partner at Pepper Hamilton LLP, noted that while different situations call for different techniques, attorneys doing due diligence should run through the basic "who, what, when, where and why" questions as to the proposed transaction deal.
The former prosecutor says outside counsel should determine things like: Does the foreign party to the transaction add value? Are they being paid a going rate? Are they connected with government officials? Have they been engaged in that business long? Is the foreign party a brick-and-mortar operation or a P.O. box?
"When you get answers like, 'That's the way they do it in this country,' those are the red flag answers that you press deeper on," Pelletier said.