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Archived Webinar

The FCPA Year in Review: How Recent Investigations and Prosecutions Will Impact Compliance Programs

Overview

  • Event Held On: 3/18/2009

Full Event Description

Title: The FCPA Year in Review: How Recent Investigations and Prosecutions Will Impact Compliance Programs

Was held on: March 18, 2009

Who should attend: CEO, CFO, CCO, other C-level executives, Senior Management, General Counsel, Audit Committee Chair, Internal Audit.

The pace of U.S. and foreign criminal and civil corruption prosecutions against corporation and the size of the penalties has steadily increased since the globalization of FCPA principles by the OECD Convention in 1997.  As demonstrated by the recent Siemens matter, a single company may be exposed to the risk of investigation and prosecution in multiple jurisdictions at the same time.  Prosecution is bad enough, but the mere fact of a global corruption investigation is likely to result in significant, ongoing, and costly collateral consequences, including a drumbeat of damaging publicity, disruption and delay of business transactions, difficulty in retaining and recruiting executives and employees, suspension or temporary debarment from public procurement, delay in filing audited financial statements, and, of course, costly legal bills.
 
No compliance program is perfect, but a reasonably effective program is a critical tool in mitigating the risk that your company will be caught up in a global investigation.  Recent enforcement actions in the U.S., Japan, the U.K., and Germany suggest important elements that should be included in a global anti-corruption compliance program but, to several companies' chagrin, are sometimes neglected or sidelined.

Upon completion of this program, participants will be able to:

1. Evaluate corruption risk in business transactions

2. Develop effective risk-based due diligence objectives for third parties, including agents, consultants, joint venture partners, wholesalers, distributors, and suppliers

3. Develop effective risk-based due diligence strategies for M&A transactions

4.  Apply lessons learned from recent U.S. and foreign enforcement actions to mitigate business risk and assess your compliance program

5.  Assess your company’s preparedness for a “dawn raid” and its aftermath

6.  Avoid enforcement proceedings

Speaker Biographies

Danforth Newcomb, Shearman & Sterling LLP

Danforth Newcomb
Of Counsel, Shearman & Sterling LLP

Mr. Newcomb’s practice in the Litigation Department includes a wide variety of civil, administrative and complex criminal cases. His recent matters include securities fraud, lender liability, RICO and executive employment terminations. He also advises on compliance with the Foreign Corrupt Practices Act, U.S. International Economic Sanctions, Money Laundering laws and Foreign Sovereign Immunity. His experience with the Foreign Corrupt Practices Act began in 1976 with an SEC mandated investigation of Lockheed Aircraft Corporation’s foreign marketing practice, which was a precursor for the FCPA. In recent years, his practice relating to the FCPA has included grand jury investigations, Department of Justice inquiries, FCPA review requests, internal investigations and compliance programs for U.S. and foreign clients on matters in Europe, Latin America, the Middle East, Asia and former Eastern Bloc countries. His FCPA clients include companies in construction, energy, telecommunications, software, financial services, capital goods, manufacturing and power generation. Mr. Newcomb is a member of the Board of Advisers to the Foreign Corrupt Practices Act Reporter.

Philip Urofsky, Shearman & Sterling LLP

Philip Urofsky
Partner,, Shearman & Sterling LLP

Mr. Urofsky is a former federal prosecutor whose responsibilities encompassed investigating and prosecuting criminal and civil violations of the Federal Corrupt Practices Act, as well as the money laundering and mail and wire fraud statutes. In addition, Mr. Urofsky was a member of the United States’ delegation to the OECD Working Group on Corruption and was designated by the U.S. as an expert in anti-corruption law and compliance for the Group’s peer review process. As a DOJ attorney, Mr. Urofsky was the primary drafter of the Department’s Principles of Federal Prosecution of Corporations and lectured widely on corporate compliance issues. He advises clients on conducting internal investigations, designing and implementing compliance programs, and responding to and defending against federal, state, and international criminal, civil, and administrative investigations, prosecutions, and trials on behalf of both business entities and individuals.