Foreign Corrupt Practices Act

Tuesday, November 13, 2007

About

An FCPA enforcement explosion is reaching across industries and around the globe. 2007 has already produced both the largest criminal fine and the largest combined sanction ever imposed for violations of the FCPA. Recent settlements of FCPA actions have resulted in heavy civil and criminal penalties for both individuals and corporate offenders, disgorgement of profits and, increasingly, the imposition of independent monitors. Foreign governments, primarily in Europe, are also cracking down on corruption and actively cooperating with US enforcement officials. Companies today face not only FCPA enforcement actions in the United States, but the possibility of enforcement actions in other jurisdictions as well.

The increase of FCPA enforcement makes prevention an even higher priority than it may have been in the past. The absence of preventative measure is almost certain to result in substantially increased penalties if an issue arises. This makes an effective anti-corruption compliance program essential for all companies. With record-setting sanctions involving well-known companies, global organizations have to reassess their own anti-corruption measures to prevent lapses that might lead to damaging and costly enforcement actions.

The American Conference Institute’s publication from the National Conference on the FOREIGN CORRUPT PRACTICES ACT is what corporate counsel, compliance officers, outside counsel and consultants rely on for comprehensive, insightful, and practical guidance on critical FCPA compliance issues. Benefit from the practical perspective of seasoned corporate FCPA compliance executives, get an update on enforcement and policy initiatives from top Government officials and FCPA attorneys, and learn how industry is setting up internal controls to comply in this constantly changing global legal landscape. Learn the latest information on:

  • Changes you need to make to your compliance program as a result of recent cases against companies and individuals
  • How government agencies evaluate voluntary disclosures
  • Harmonizing U.S. and foreign anti-corruption compliance obligations
  • How to design and implement due diligence for a prospective foreign third party relationship
  • What to look for in a target’s anti-corruption compliance
  • Managing the PR impact of an investigation or voluntary disclosure
  • How to incorporate robust FCPA auditing into your compliance program

Contents & Contributors

About

An FCPA enforcement explosion is reaching across industries and around the globe. 2007 has already produced both the largest criminal fine and the largest combined sanction ever imposed for violations of the FCPA. Recent settlements of FCPA actions have resulted in heavy civil and criminal penalties for both individuals and corporate offenders, disgorgement of profits and, increasingly, the imposition of independent monitors. Foreign governments, primarily in Europe, are also cracking down on corruption and actively cooperating with US enforcement officials. Companies today face not only FCPA enforcement actions in the United States, but the possibility of enforcement actions in other jurisdictions as well.

The increase of FCPA enforcement makes prevention an even higher priority than it may have been in the past. The absence of preventative measure is almost certain to result in substantially increased penalties if an issue arises. This makes an effective anti-corruption compliance program essential for all companies. With record-setting sanctions involving well-known companies, global organizations have to reassess their own anti-corruption measures to prevent lapses that might lead to damaging and costly enforcement actions.

The American Conference Institute’s publication from the National Conference on the FOREIGN CORRUPT PRACTICES ACT is what corporate counsel, compliance officers, outside counsel and consultants rely on for comprehensive, insightful, and practical guidance on critical FCPA compliance issues. Benefit from the practical perspective of seasoned corporate FCPA compliance executives, get an update on enforcement and policy initiatives from top Government officials and FCPA attorneys, and learn how industry is setting up internal controls to comply in this constantly changing global legal landscape. Learn the latest information on:

  • Changes you need to make to your compliance program as a result of recent cases against companies and individuals
  • How government agencies evaluate voluntary disclosures
  • Harmonizing U.S. and foreign anti-corruption compliance obligations
  • How to design and implement due diligence for a prospective foreign third party relationship
  • What to look for in a target’s anti-corruption compliance
  • Managing the PR impact of an investigation or voluntary disclosure
  • How to incorporate robust FCPA auditing into your compliance program

Contents & Contributors

FCPA DIGEST OF CASES AND REVIEW RELEASES RELATING TO BRIBES TO FOREIGN OFFICIALS UNDER THE FOREIGN CORRUPT PRACTICIES ACT OF 1977
Danforth Newcomb, Shearman & Sterling

FCPA COMPLIANCE MONITORS - BUYER’S GUIDE
Gregory S. Bruch, Foley & Lardner

CONDUCTING GLOBAL INVESTIGATIONS: OVERCOMING BARRIERS AND CONFLICTING LAWS
Matthew O. Tanzer, Tyco International (US) Inc.

CONDUCTING A GLOBAL INVESTIGATION: HOW TO OVERCOME BARRIERS TO INFORMATION GATHERING AND CONFLICTING LOCAL LAWS AND TRADITIONS
Frederic R. Miller, PricewaterhouseCoopers

THE LIMITS OF PERMISSIBLE PAYMENTS: BUSINESS PROMOTION, HOSPITALITY, FACILITATION AND GIFTS
Sarah M. DiLorenzo, McDonald’s Corporation
Rebecca (Riv) Goldman, Rockwell Automation
Alexandra A. Wrage, Trace International

THE JURISDICTIONAL REACH OF 15 U.S.C. § 78DD-3
Martin Weinstein,Willkie, Farr & Gallagher
Robert J. Meyer

IMPLEMENTING AND MONITORING A GLOBAL ANTI-CORRUPTION COMPLIANCE PROGRAM
Martín Montes, Wal-Mart Stores, Inc.

FCPA TRANSACTIONAL DUE DILIGENCE
Raja Chatterjee, Morgan Stanley
Gary DiBianco, Skadden, Arps, Slate, Meagher & Flom
Homer E. Moyer, Jr., Miller & Chevalier Chartered

VOLUNTARY DISCLOSURES: EVALUATING THE BENEFITS AND BURDENS
Richard Grime, O’Melveny & Myers

ANATOMY OF AN FCPA INVESTIGATION: AN AGENT’S PERSPEC
Phillip A. Desing, FBI

THE INTERSECTION OF ANTI-CORRUPTION AND ANTI-MONEY LAUNDERING: COMBINING INTERNAL CONTROLS AND PROCEDURES TO REDUCE RISK
Martha McCann-Lazor, GE Oil and Gas, Vetco Gray

USING AML TECHNIQUES TO IDENTIFY AND COMBAT CORRUPTION— RELATIONSHIP ACCEPTANCE AND MAINTENANCE
Kathryn S. Reimann, Citigroup

FCPA INVESTIGATIONS: WORKING THROUGH A MEDIA CRISIS
F. Joseph Warin, Gibson Dunn & Cutcher

THE "MEDIA FRENZY" OVER CORPORATE CORRUPTION: AN INSIDE LOOK
Michael D.Goldhaber, Esq., The American Lawyer



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