About
An FCPA enforcement explosion is reaching across industries and around the globe. 2007 has 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.
This publication from the American Conference Institute's National Conference on the FOREIGN CORRUPT PRACTICES ACT is taken from the event that 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.
About
An FCPA enforcement explosion is reaching across industries and around the globe. 2007 has 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.
This publication from the American Conference Institute's National Conference on the FOREIGN CORRUPT PRACTICES ACT is taken from the event that 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.
Contents & Contributors
THE U.S. FCPA IN 2008: INCREASED ENFORCEMENT, ALTERNATIVE
DISPOSITIONS, COMPLIANCE MONITORS, AND OTHER DEVELOPMENTS
Homer E. Moyer, Jr., Miller & Chevalier
FCPA COMPLIANCE MONITORS: MAKING THE PROCESS PRODUCTIVE
Gregory S. Bruch, Foley & Lardner
Stephen Fishbein, Shearman and Sterling
CONDUCTING GLOBAL INVESTIGATIONS: OVERCOMING BARRIERS AND CONFLICTING LAWS
Matthew O. Tanzer, Tyco International (US) Inc.
ENHANCING THE INTERNAL AUDIT FUNCTION TO DETECT FCPA
VIOLATIONS
Manny Alas, PricewaterhouseCoopers
Timothy L. Dickinson, Paul, Hastings, Janofsky & Walker
IMPLEMENTING AND MONITORING A GLOBAL ANTI-CORRUPTION
COMPLIANCE PROGRAM
Mary Gill, Flextronics
TO HOST OR NOT TO HOST: APPROVING TRAVEL AND ENTERTAINMENT UNDER THE FOREIGN CORRUPT PRACTICES ACT
Claudius O. Sokenu, Mayer Brown
FCPA TRANSACTIONAL DUE DILIGENCE
Raja Chatterjee, Morgan Stanley
Gary DiBianco, Skadden, Arps, Slate, Meagher & Flom
Homer E. Moyer, Jr., Miller & Chevalier
VOLUNTARY DISCLOSURES: HOW THE GOVERNMENT EVALUATES THEM AND WHAT TO INCLUDE
Richard Grime, O’Melveny & Myers
CONDUCTING DUE DILIGENCE OF FOREIGN THIRD PARTIES TO MINIMIZE LIABILITY RISKS
John E. Davis, Miller & Chevalier
FCPA INVESTIGATIONS: WORKING THROUGH A MEDIA CRISIS
F. Joseph Warin, Gibson Dunn & Crutcher
GE OIL AND GAS, VETCOGRAY COMPLIANCE & INTEGRITY
Martha McCann-Lazor, Vetco Gray
Publication Details