Strategies to Minimize Penalties, Policies
and Practices to Avoid Violations
CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, September 16, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Any American business with operations abroad must actively monitor its operations for violations of the FCPA. Simply having a policy is not enough: "check the box compliance is woefully inadequate," according to a deputy chief of the DOJ's Fraud Section.
Over the past few years, the U.S. DOJ and the SEC have heightened focus on FCPA enforcement. Global corporations are on notice due to recent high-profile FCPA prosecutions and because the number of DOJ-initiated investigations was higher in 2007 than ever before.
The DOJ will decline to prosecute if a business can show it made diligent efforts to prevent violations or recurrence of violations. One way to mitigate penalties is to voluntarily disclose violations. However, deciding whether and when to make such a disclosure requires strategic planning.
Listen as our authoritative panel examines the DOJ and SEC approaches, best practices for conducting internal investigations, determining when to voluntarily disclose to the government, and minimizing FCPA violations and penalties.
The panel included:
Richard W. Grime, Partner, O'Melveny & Myers, Washington, D.C. He represents clients on securities enforcement, regulatory, and compliance matters, including the Foreign Corrupt Practices Act. While at the SEC, he served in the Commission’s FCPA Program. He served as an assistant director at the SEC's Division of Enforcement. He played a prominent role in the Commission’s FCPA Program and worked with the Department of Justice in parallel investigations.
Judith A. Lee, Partner, Gibson Dunn & Crutcher, Washington, D.C. Her practice focuses on international trade regulation, including U.S.A Patriot Act compliance, Foreign Corrupt Practices Act, economic sanctions and embargoes, export controls, and customs. She also handles international privacy issues, international intellectual property issues and international labor issues.
Kimberly A. Parker, Partner, WilmerHale, Washington, D.C. She regularly counsels clients on how to develop effective FCPA compliance programs, how to avoid potential FCPA problems, and how to address FCPA problems when they arise. She also represent clients in internal investigations throughout the world. She co-authored the leading treatise in the field, Complying with the Foreign Corrupt Practices Act.
The panel reviewed these and other key questions:
- What factors should a company consider in deciding whether to voluntarily disclosure a potential FCPA violation to the government?
- What types of company actions have the SEC and DOJ considered to be sufficient cooperation to warrant mitigation of penalties?
- What are the best practices for companies to follow in order to minimize FCPA violations and penalties?
TELECONFERENCE CD
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