Emerging Issues: FCPA Voluntary Disclosure – A 2015 Perspective
The U.S. Department of Justice and the Securities and Exchange Commission frequently espouse the benefits of Voluntary Disclosure of FCPA Violations. Yet, determining whether and when to voluntarily disclose a potential Foreign Corrupt Practices Act violation is a difficult decisions for a company and their counsel. Volunteering disclosure runs the risk of disclosing potentially illegal conduct while non-disclosure in effect guarantees a government investigation and makes it highly likely the company will be required to enter into a settlement and pay a fine or other monetary remedy to the government.
Bruce Hinchey, an attorney attending The George Washington University Law School has published data that questions the value of voluntary disclosure in a publication entitled ‘Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements.’ Others question the value of voluntary disclosure.
This valuable two hour CLE webinar, arranged by The Knowledge Group, will provide the audience with insight into the approaches taken by the DOJ and SEC to voluntary disclosures of potential FCPA violations, the issues that companies and their counsel must consider prior to voluntarily disclose, and strategies that companies can develop to reduce risk and to minimize penalties.
Some of the major topics that will be covered in this course are:
- Foreign Corrupt Practices Act (FCPA) Voluntary Disclosure : An Overview
- FCPA Enforcement Trends
- Self-Reporting: Risks and Benefits
- Best Practices to Achieve Best Possible Resolution in an FCPA Enforcement Matter
- From compliance program to internal investigation and remediation to approach with enforcement agency
Mr. Ryan Rohlfsen, Partner,
Ropes & Gray LLP
- General Overview
- Legal framework for voluntary disclosure and cooperation in FCPA matters.
- Key considerations for a voluntary disclosure and cooperation analysis.
- Recent examples related to disclosure and cooperation, and main takeaways.
Ms. Iris E. Bennett, Member,
Smith Pachter McWhorter PLC
- FCPA enforcement trends – generally, and re voluntary disclosure specifically.
- Living with your disclosure & best practices for resolution of an FCPA enforcement matter.
Mr. Yasuhiro Saito, Partner,
Saito Sorenson Lurie LLP
- Special challenges facing companies headquartered outside the US.
- Special challenges facing multinationals.
- Jurisdiction over foreign non-issuer companies.
Mr. Ryan Rohlfsen, Ms. Iris E. Bennett and Mr. Yasuhiro Saito
- Recent examples related to disclosure and cooperation, and main takeaways.
Who Should Attend:
- In-House Counsel
- FCPA Securities and Corporate Governance Attorneys
- Regulatory and Policy Managers
- Corporate Attorneys
- Corporate Counsel
- White Collar Attorneys
- Multinational Companies
- Public and Private Companies
Ryan is a partner of Ropes & Gray in the government enforcement group. Ryan has extensive international legal experience as a federal white collar criminal prosecutor and a complex corporate litigation specialist. He has led investigations around the world related to criminal and civil anti-corruption concerns, securities law issues, and other serious matters in addition to litigation both criminal and civil matters through trial.
Prior to joining Ropes & Gray, Ryan served as a Senior Trial Attorney at the U.S. Department of Justice’s Criminal Division, Fraud Section. Based in Washington, D.C. and Chicago, Ryan was part of a small group of federal prosecutors responsible for global enforcement of the U.S. Foreign Corrupt Practices Act (FCPA). In that role, he successfully led numerous investigations into alleged criminal violations of the FCPA by major corporations and individuals and worked extensively with foreign and domestic law enforcement, as well as civil regulators including the U.S. Securities and Exchange Commission (SEC). Also while at the DOJ, he prosecuted cases involving investment fraud, bank fraud, domestic bribery, and other complex white-collar crimes. Before the DOJ, Ryan worked as a litigation attorney at a large international law firm in their Chicago and European offices, advising clients on civil, criminal, and regulatory matters in numerous countries.
Ryan is a partner of Ropes & Gray in the government enforcement group. Ryan has extensive international legal experience as …
Ms. Bennett has represented Fortune 100 corporate clients as well as smaller companies and individuals in matters relating to potential criminal or civil fraud violations, including the Foreign Corrupt Practices Act, the False Claims Act, the Anti-Kickback Act, and others. She has conducted numerous internal investigations in the U.S. and across the globe; counseled clients on remediation; represented clients before the Department of Justice Criminal and Civil Divisions and the Securities and Exchange Commission; and obtained successful resolutions. She regularly advises clients on their anti-corruption compliance programs and on specific compliance questions.
Ms. Bennett entered private practice after serving as an Assistant Federal Public Defender in the District of Columbia. She had previously clerked at the United States District Court for the Southern District of New York, and at the United States Court of Appeals for the District of Columbia.
Ms. Bennett has represented Fortune 100 corporate clients as well as smaller companies and individuals in matters relating to potential …
Yasuhiro Saito is a partner at Saito Sorenson Lurie LLP and serves regularly as the lead counsel in white collar criminal defense and regulatory enforcement matters on behalf of major businesses as well as complex business litigation – including banks, accounting firms, pharmaceuticals, manufacturers and other large multinationals – and their senior executives. Mr. Saito has handled a wide range of matters involving financial fraud, FCPA, federal false claims, accountants’ liability, lender’s liability, broker-dealer and investment advisor regulations, patent and intellectual property, and various types of dispute among major businesses. A noted authority on major corporate disputes/scandals, Mr. Saito has appeared as a commentator on network news programs and has been quoted and profiled in various major newspapers and magazines. Previously, Mr. Saito was a litigation partner at Carter Ledyard & Milburn LLP, and earlier the leader of Japan-related Litigation Practice Group at Hughes Hubbard & Reed LLP. From 1992 to 1994, he clerked for Hon. John T. Elfvin, United State District Judge for the Western District of New York.
Yasuhiro Saito is a partner at Saito Sorenson Lurie LLP and serves regularly as the lead counsel in white collar …
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About Ropes & Gray LLP
Ropes & Gray, a global law firm with more than 1,100 lawyers and professionals, has a rich history of achieving success for the world’s leading businesses, educational institutions and technology innovators from offices in the world’s major centers of business, finance, technology and government – Hong Kong, Shanghai, Tokyo, Seoul, London, New York, Washington, D.C., Boston, Chicago, San Francisco and Silicon Valley. The firm has consistently globally ranked practices in private equity, M&A, finance, investment management, hedge funds, life sciences, health care, intellectual property, litigation, securities litigation and government enforcement.
About Smith Pachter McWhorter PLC
Smith Pachter McWhorter’s primary focus is in the areas of government contract, construction, and white collar law.
Smith Pachter McWhorter’s White Collar practice runs the gamut of assistance related to potential white collar liabilities, from counseling with respect to compliance programs, policies and procedures, conducting internal investigations across the globe, representing corporate and individual defendants before the DOJ, SEC and other enforcement agencies, and defending divil fraud and criminal matters in federal court.
Smith Pachter McWhorter’s construction practice encompasses all phases of the contracting process, from contract bidding and negotiation through contract administration and performance to claims and litigation, including terminations.
Smith Pachter McWhorter’s government contract representation includes all aspects of Government contracts, including bid protests, proposal evaluation, past performance issues, fraud and compliance, investigations, cost determinations, claims, terminations, and contract administration.
About Saito Sorenson Lurie LLP
Saito Sorenson Lurie LLP specializes in defending major businesses and their executives in white-collar criminal defense and high-stakes commercial litigation matters. It represents major multinationals, banks and other financial institutions, pharmaceutical and other manufacturers, and sovereign nations, in addition to some of the world’s largest law firms.