Foreign Corrupt Practices Act Houston

Registration and Networking

Remarks from the Co-Chairs

Daniel Kahn
Partner
Davis, Polk & Wardwell
(Former Acting Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice)

Marianne Ibrahim
Executive Counsel & Global Compliance Director
Baker Hughes

DOJ & SEC Update: What’s in Store for 2022?

Charles Cain
Chief FCPA Unit
United States Securities and Exchange Commission

David Last
Chief, FCPA Unit
United States Department of Justice

Guy Singer
Partner
Orrick, Herrington & Sutcliffe LLP

2021 has been a year of unprecedented challenges that will surely have an impact on priorities for this year. DOJ and SEC Unit Chiefs will discuss some of the anticipated changes to the enforcement landscape in 2022, including:

• Landmark cases in 2021, with some of the important takeaways for practitioners in the anti-corruption space
• Updated national security priorities – countering corruption as a core United States national security interest
• Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest
• Intersection of anti-corruption and anti-money laundering
• CTA – Corporate Transparency Act
• Congressional Congress Against Foreign Corruption and Kleptocracy
• New legislation and guidance
• Information that the DOJ uses to make informed decisions as to whether, and to what extent, compliance programs are effective
• Overhaul and updates to the DOJ and SEC Resource Guide to the US FCPA

Live Audience Polling

Where Are We – and Where Are We Headed – Compliance, Due Diligence, Audits and Investigations: How Industry is Dealing with the Knowns, Unknowns, Policy Updates and Protocols

Martin J. Weinstein
Partner
Willkie Farr & Gallagher LLP

Daniel Elustondo
Senior Legal Counsel, Anti-Corruption
Shell

John Benson
Legal Director, Governance and Integrity
Schlumberger Limited

Throughout the pandemic and beyond, effective investigations remain central to a robust FCPA compliance program. FCPA has remained an enforcement priority against the backdrop of COVID, and has been exacerbated by the increased risk posed by massive government spending and the potential for decreased attention to corporate compliance.

In this session we will discuss some of the lingering questions that compliance teams have to answer while trying to maintain compliance during and after the pandemic, including:

• Gathering evidence and training remotely – will it continue, and what are the budgetary ramifications of returning to in-person methods?
• Will your compliance program remain adequately resourced and empowered to function effectively?
• Are you equipped to handle more instances of parallel FCPA investigations by the growing number of global authorities?

Extended Networking Break

DOJ and SEC Alumni Perspectives: Insights into the Present and Future of FCPA Compliance and Enforcement

G. Zachary Terwilliger
Partner
Vinson & Elkins LLP
Former Associate Deputy Attorney General and United States Attorney for the Eastern District of Virginia

Chris Cestaro
Partner
WilmerHale
Former Chief, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice

Steven Peiken
Partner
Sullivan & Cromwell LLP
Former Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission

Sandra Moser
Partner
Morgan, Lewis & Bockius LLP
Former Chief, Fraud Section, U.S. Department of Justice

Case Studies

Data Analytics in Practice: How to Utilize Risk Scoring and Refine Your Internal Policies in Order to Address Red Flags

Kristi Kevern
Senior Managing Director, Global Compliance, Culture & Digital and Anti-Corruption Lead
Dell Technologies, Inc.

Stephen O’Malley
Director
J.S. Held, LLC

Ryan Pratt
Principal, Forensic & Integrity Services
Ernst & Young LLP

In this session, the audience will gain insight through a series of case study examples and red flag reports that lead to policy reviews and investigations.

Key Takeaways:

• Determining the next steps for the compliance team when addressing payments and transactions that are above aggregate risk score thresholds 
• Ensuring the data feeds and monitoring tools are coming in and working in real-time – and developing processes for determining what warrants internal investigations and further action
• Steps to take when data reveals employees and third parties are not diligently following critical policies
• Assessing the severity of red-flags and the need for policy improvements in areas such as: third-party data management; reputational, payment, distributor pricing, and travel & expense monitoring; high-risk transactions with public officials or public institutions; employee engagement; sponsorships and donations; and, proxies for measuring ethical health

Networking Luncheon

Live Audience Polling

Cross-Industry Perspectives on Evaluating the Effectiveness of Your Compliance Program

Mayling Blanco
Partner
Norton Rose Fulbright US LLP

Matt Miner
Global Chief Ethics & Compliance Officer
Walmart
Former Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice

Peter Blumberg
Managing Director, Legal Compliance and Investigations
FedEx Express

Shivani Kaul
Chief Compliance & Regulatory Officer
Patterson Companies

In this session, our experts from several different industries will examine the particulars and subtleties of how and what to measure for assessing program effectiveness. We will explore key considerations, such as:

• Designing and operationalizing a compliance program that is effective in resisting prosecutorial scrutiny
• Acknowledging the perils of relying exclusively on subjective measures such as audits and biased, self-reported ratings
• Evaluating compliance controls in a remote setting
• How to identify shortcomings and risks – and mitigate those risks
• Effectively documenting compliance to stakeholders and regulators to showcase program effectiveness and minimize gaps in the compliance framework

How Industry is Implementing a Big Picture Approach to FCPA Compliance: Concrete Examples of Policies, Processes and Internal Control Upgrades to Better Detect and Monitor Risk

Leigh Anne Leinen
Head of Ethics & Compliance, Americas
BHP Billiton

Jay Martin
Senior Counsel
Willkie Farr & Gallagher LLP

Michael W. Ward
Partner
Vinson & Elkins LLP

A clear understanding of your FCPA risk profile – including your company’s vulnerabilities, compliance history, and partners – means a reduced risk of incidents, and established control in the event of noncompliance. In this session our compliance experts will walk you through the best ways to take a holistic approach, in order to help you detect and monitor risk – while uncovering current vulnerabilities or past incidents.

Key Takeaways:

• How to identify patterns of FCPA risk in your industry and/or location, in order to address the vulnerabilities that are most likely or common for your organization – before any misdeeds actually occur
• Developing a better understanding of your risk profile and history – and re-assessing prior incidents – to ensure that your compliance program is progressing
• Implementing a third-party risk management program that can generate reports containing risk ratings and alert categories – to identify high-risk third parties and initiate a process for continuous monitoring

Networking Break

Stories from the Trenches: Legal and Compliance Veterans Speak About How They Have Thrived and Weathered the Good Times… and Bad

Sergio Leal
Head of Compliance
Ericsson

Doug Cohan
Deputy Compliance Officer, Senior Assistant General Counsel
Hess Corporation (Houston, TX)

James Scroggins
Head of Risk & Assurance
ST Engineering North America

Greg Andres
Partner
Davis, Polk & Wardwell
(Former Deputy Assistant Attorney General of the Criminal Division, U.S. Department of Justice)

In this session our well-established industry veterans will discuss the paths they have taken throughout their illustrious risk, corruption and compliance careers. This will give the audience and speakers a “boardroom-style” opportunity to discuss:

• What to do when there are down cycles of anti-corruption cases – inside and outside of your organization
• When to pull the trigger and move on to another company or role
• Examine the significant differences in industry verticals – to better determine if your strengths align with the company and role that you’re considering

Welcome Back Networking Cocktails

Opening Remarks from the Co-Chairs

Keynote Address: U.S. Department of Justice Priorities

Nicholas McQuaid
Principal Deputy Assistant Attorney General, Criminal Division
U.S. Department of Justice

Daniel Kahn
Partner
Davis, Polk & Wardwell
(Former Acting Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice)

Audience Polling

Achieving Effective, Data-Driven Compliance and Monitoring: Real-Life Takeaways for Putting Theory into Practice

Marianne Ibrahim
Executive Counsel & Global Compliance Director
Baker Hughes

Billy Jacobson
Partner
Allen & Overy

Carrie Ashcom Pennington
Vice President, Global Compliance Monitoring & Internal Controls
Zimmer Biomet

The DOJ updated the Evaluation of Corporate Compliance Programs in June, which emphasized the importance of data access and data analysis in monitoring program effectiveness. This session will walk you through best practices for achieving data-driven compliance and monitoring – with a focus on how to tailor your policies to the contexts of your industry and organization.

Key Takeaways:

• Defining the key metrics and conducting risk assessments to gain a full understanding of business operations
• Measuring risk and compliance weaknesses through qualitative and quantitative data
• Implementing a data-monitoring system and identifying what pieces of data are important to collect and monitor, in order to produce efficient reports and dashboards
• Engaging relevant stakeholders and owners of relevant systems early in the process, while addressing data security issues and, defining peer responsibilities
• Operationalizing policies and coordinating with IT partners to assist with monitoring security controls

Implementing a Robust ESG Program: The Changing Role of ESG and Its Interplay with FCPA

Seetha Ramachandran
Partner
Proskauer Rose LLP

Steven G. Gyeszly
Chief Compliance Counsel
Marathon Oil Company

James Prince
Vice President – Legal Sustainability
Baker Hughes

While compliance and anti-corruption programs have long been a part of risk analysis and FCPA legislation, an increase in investor and shareholder focus on ESG has further emphasized the link between a robust anti- corruption program and a company’s ESG compliance – because all aspects of an ESG investment can be undermined by instances of bribery and corruption.

While most companies acknowledge the positive impact that ESG programs can provide, many of these organizations are constrained by the challenges of implementing a robust and compliant ESG program. Recent and expected shifts in the regulatory landscape make it pertinent to start thinking about how your organization will choose to handle ESG concerns. In this session we will review best practices for successfully bringing ESG into the broader due diligence and compliance process.

Key Takeaways:

• Adjusting your current questionnaires to capture additional ESG concerns, such as how diversity is handled and what environmental goals a third party has
• Implementing a technology solution that enables your organization to have a cohesive workflow that can capture and assess anti-corruption and ESG risks
• Assessing self-reported information provided by third parties, and supporting it with independent checks to better understand and verify your ESG footprint and approach – in order to gain a reliable indication of the overall level of ESG risk the third party faces and subsequently poses
• Finding the right setup for merging ESG and compliance teams, based on: the factors driving your ESG interest; the specific risk profile and tolerance of your organization; and, the types and locations of the work your company does

Networking Break

The Art of the Interview: Behavioral Science and Real-Life Takeaways for Interviewing Employees, Whistleblowers and Third Parties In-Person and Remotely

Ryan Patrick
Partner
Haynes and Boone, LLP

Heather Souder Choi
Partner
Baker Botts LLP

Vernon L. Lewis
Shareholder
Greenberg Traurig, LLP

In this highly anticipated session, our faculty of attorneys and FBI officials will share insights on what to look for and flag when conducting interviews.

Live Audience Polling

Legal and Compliance Professionals Break Out Their Crystal Balls: The Path Forward for Building an Adaptable Compliance Program

Peter Blumberg
Managing Director, Legal Compliance and Investigations
FedEx Express

Ryan Hartman
Partner
Arnold & Porter Kaye Scholer LLP

Karyl Van Tassel
Senior Managing Director
J.S. Held, LLC

The DOJ and SEC make it clear in the Resource Guide that they have no "formulaic requirements" regarding compliance programs and do not expect that "one size fits all." Rather, they have said they will take a pragmatic, common-sense approach to evaluating a company’s compliance program.

Because the FCPA risks faced by every company are based upon the nature of its international business operations, which can change over time, each company’s compliance program must be designed to address these specific risks and must be able to adapt and evolve as the company’s operations evolve and change over time.

In this session we will collectively discuss the elements needed for an adaptable compliance program, such as:

• Policies and procedures outlining responsibilities for compliance within the company, detailing proper internal controls, auditing practices and documentation policies, and setting forth disciplinary procedures
• Assigned responsibility for oversight and implementation of the company’s compliance program to one or more senior executives who have appropriate authority, adequate autonomy from management, and sufficient resources
• A documented commitment from senior management and a clearly articulated policy against corruption; and a code of conduct available to all employees and persons conducting business on the company’s behalf – this Code should be reviewed and updated periodically to remain current and effective
• A documented due diligence and monitoring procedure on the company’s third-party business partners, including any agents or consultants, which is refreshed on a periodic basis

Networking Lunch

Enhancing a Culture of Accountability and Compliance: Utilizing Videos, Apps and other Alternative Methods for Ethics and Compliance Training Programs

Justine Lin
Senior Counsel – Global Trade Compliance
MHI Shared Services America

Sergio Leal
Head of Compliance
Ericsson

It is abundantly clear that FCPA enforcement is a top priority for regulatory agencies, and due to the difficulties in conducting adequate training for your US and foreign-based workforces, it’s critical to develop, implement and utilize alternative methods of compliance training – including videos and apps that reinforce an organization-wide culture of compliance.

In this session our panel of experts will share and discuss the use of videos and apps for ethics and compliance training, which will bolster a culture of compliance. To ensure the success of implementing alternative methods of training, it is necessary to:

• Ensure the commitment and accountability of senior management, the C-suite and the Board
• Include FCPA in the entire organizational code of conduct
• Review FCPA-related internal controls throughout the organization to ensure you are properly flagging high-risk areas of the business
• Train and educate team members to spot and mitigate bias
• Foster and sustain a “see something, say something” culture to ensure that employee concerns and complaints of potential ethical lapses are appropriately handled

Around the World in 60 Minutes: The Top 10 Key Compliance and Risk Mitigation Strategies for High-Risk Jurisdictions

Ibie Falcusan
Assistant General Counsel, Head of Global Trade and Ethics Compliance
Weatherford International

Matthew Moses
Partner
Orrick Herrington & Sutcliffe LLP

Martine Beamon
Partner
Davis Polk & Wardwell LLP

2020 witnessed a record level of $2.78 billion in corporate fines and penalties from enforcement of the FCPA by the DOJ and SEC, and those trends have continued in 2021. We also found that there was continued close cooperation by the DOJ and SEC with enforcement authorities in other countries, resulting in billions of additional dollars in fines and penalties by foreign enforcement authorities.

As such, there is an urgent need for companies to identify the key risk areas of FCPA exposure they face in their international operations, and to maintain compliance programs that work in practice, not just on paper. Join us in this session as our experts share some of the most high risk categories, third party providers, and jurisdictions to focus on:

• Russia
• China
• Brazil

Closing Remarks from the Co-Chairs | End of Conference