FCPA Enforcement Actions: Significant Developments and Trends in 2015 Explored!
In 2014, the Department of Justice (DOJ) had a record breaking $772 million settlement with Alstom. 2015 may be a record-setting and dynamic year for the Foreign Corrupt Practices Act (FCPA) Enforcements. The FCPA will cooperate with other agencies in pursuit of criminals using both basic and sophisticated tactics such as border searches, physical surveillance, wire-taps, body wires, and other means in investigating foreign bribery cases. Such tactics were used in investigations of BizJet International executives in Mexico and PetroTiger executives working in Colombia.
Companies and business managers should be aware of several trends that put them at risk. The FCPA will continue with aggressive investigations and multi-lateral co-operation will increase, penalties for violations may increase, and there will be a focus upon individuals for conspiracy and money laundering.
Our panel of key thought leaders and practitioners assembled by The Knowledge Group will review the actions of the FCPA in 2014 and provide opinions and a discussion of the latest, Significant Developments and Trends in FCPA Enforcement Actions in 2015. The speakers will address whether the government’s priorities have been executed as promised and what companies should do to ensure compliance with FCPA regulations.
Key topics include:
- FCPA Enforcement Actions – 2014 Overview
- FCPA Trends in 2015
- The Risks of FCPA Liability
- Effects of Successor Liability
- FCPA Enforcement Reporting Requirements
- Alstrom, Bio-Rad, SBM Offshore, & Layne Christensen Enforcement Actions
- Regulatory Developments and Trends
- Expectations for Corporate Compliance Programs
- Non-Prosecution Agreements
- Use of Monitors
- Self-Reporting and Co-operation
- Whistle-blower Program
- International Cooperation
- Compliance and Litigation Risks
Day Pitney LLP
- Corruption is ubiquitous in many places globally, and the investigations recently conducted as well as the number of cases pursued and made by law enforcement, reach only the tip of the iceberg. Most incidents of corruption remain untouched - although the numbers are increasing quickly with whistle-blower reporting programs
- In many locations, paying sums of money for government issued contracts is not only customary, but indeed compulsory in a number of jurisdictions, and proceeds are typically divided amongst political leaders - which I found based upon my more than 10 years experience on the ground in Asia, Africa, the Middle East, Europe and the US. "Bribery" is viewed differently in different parts of the world, where offering and paying sums of money and other things of value has been custom going back centuries
- There are better ways to prevent and mitigate potential penalties from corruption than are typically being employed today Compliance need not be cumbersome and costly, but targeted and effective
- Voluntary disclosure and cooperation are often wise tactics for companies to employ in today's whistle-blower age, but timing and approach are key and the nature of one's interaction with the government is vital. Company officials often find it unnatural to disclose when there is no hint of a government investigation already underway
- Mergers and acquisitions of companies in developing world locations bring about unique challenges, and FCPA due diligence is critical before a merger or acquisition abroad
- Internal investigations by companies facing FCPA issues need to be targeted in scope, efficient and there is a method to communicating results to the government
Who Should Attend:
- White Collar Crime Attorneys
- Corporate Attorneys
- FCPA Securities and Corporate Governance Attorneys
- FCPA Practicing Lawyers
- In-House Counsel
- Regulatory and Policy Managers
- Corporate Counsel
- Multinational Companies
- Public and Private Companies
- Other Related/Interested Professionals and Organizations
Robert Appleton is a Partner in Day Pitney LLP, and a member of the White Collar Government Investigations and Practice Group. Mr. Appleton is a former Supervisory Assistant United States Attorney in the US Department of Justice (1992-2005) where he focused on major international prosecutions –including money laundering, FCPA, complex fraud, terror financing, weapons, embargoes and OFAC sanctions cases. He also has served as Special Counsel and then Chief Investigations Counsel to former US Federal Reserve Chairman Paul Volcker (2005-06) in the Iraqi Oil for Food Program Bribery Scandal, as the Chairman of the first ever United Nations Anti-Corruption Task Force (2006-2009), and as the Director of Investigations and Senior Legal Counsel to the Global Fund, based in Geneva, Switzerland between 2010 and 2014. He joined Day Pitney in June, 2014.
Mr. Appleton has over twenty five years of legal experience in international cases, including more than 20 years investigating and prosecuting FCPA cases throughout the world in his roles as a US federal prosecutor and with the Volcker Committee, UN and Global Fund. Mr. Appleton spent nearly 10 years abroad investigating corruption throughout the world, including considerable time in Asia and Africa addressing corruption cases and coordinating with world leaders to lessen incidents of corruption and strengthen country systems to prevent further occurrences of bribery and graft. He now represents all size corporate and individual clients throughout the world developing compliance programs and training employees in FCPA Sanctions, Anti Money Laundering and OFAC regulatory issues, and defending companies and Boards of Directors facing investigations and prosecutions.
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Day Pitney LLP
Day Pitney is a full service law firm spanning the northeast corridor, with offices in Boston, Hartford, New Haven and Stamford, Connecticut, New York City, New Jersey and Washington, D.C. Day Pitney has a very active White Collar and Government Investigations Practice, focusing upon, among other things, FCPA compliance and defense, securities, internal investigations, and general compliance services for all size companies. The unit has 15 members in its White Collar Group, including a number of former U.S. federal as well as New Jersey, Manhattan and Connecticut state prosecutors. The firm represents numerous Fortune 500 companies in white collar matters. Day Pitney has recently strengthened its practice in the White Collar area, adding in June, 2014 former senior U.S. and United Nations prosecutor Robert Appleton, who served as former Federal Reserve Chairman Paul Volcker's Special and then Chief Investigative Counsel in the UN Iraqi Oil for Food investigation, and who was selected by the U.N. Secretary General to head the first ever anti-corruption task force in the Organization. Mr. Appleton has led, managed and conducted more than 600 international investigations on the front lines of corruption, throughout Africa, Asia, the Middle East, the U.S. and Europe in his several anti-corruption roles.