The New Foreign Corrupt Practices Act Enforcement Policy
In November 2017, the Department of Justice (DOJ) announced a new Foreign Corrupt Practices Act (FCPA) policy on Coordination of Corporate Resolution Penalties. Aside from making the FCPA Pilot Program permanent, the new policy also adds a "presumption" that DOJ will issue declinations when corporate self-disclosure, remediation, cooperation, and disgorgement meet the standards, thus, increasing incentives for companies’ self-disclosure.
Companies should be proactive in addressing possible violations to avoid potential risks and legal pitfalls. They should also keep themselves abreast of the recent developments concerning the government attorneys’ approach in conducting investigations in light of the new policy.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help businesses understand the important aspects of this significant topic. They will provide an in-depth discussion of the new FCPA corporate enforcement policy and will offer best practices in developing and implementing compliance and control procedures to help them avoid scrutiny and lessen the impact of an investigation.
Key topics include:
- New FCPA Policy: Overview
- Recent Enforcement Trends and Developments
- DOJ’s Focus on Individual Accountability
- Risks and Pitfalls
- Best Compliance Practices
- What Lies Ahead
Tien Pham, Attorney
Hughes Hubbard & Reed
- Understanding the enforcement landscape before the Corporate Enforcement Policy
- Identifying key requirements of the Corporate Enforcement Policy
- Exploring the DOJ’s continued focus on individual culpability
- Understanding the DOJ’s new anti-piling-on FCPA policy
Wei Wei, Director
- Examining the new enforcement policy in action – an overview of declinations and enforcement actions
- Reviewing other disclosures related to the new enforcement policy
- Discussion on managing FCPA risks and lessons learned
- Summarizing 2018 global anticorruption survey conducted by AlixPartners
Claiborne W. Porter, Managing Director
- Anti-Money Laundering
- Cross section of AML and Anti-corruption legislation
- Examples of recently resolved cases with both of the above
Who Should Attend:
- FCPA Securities and Corporate Governance Attorneys
- Corporate Attorneys
- White Collar Attorneys
- Legal and Compliance Executives
- Risk Assessment Officers
- In-house Counsel
- Multinational Companies
- Public and Private Companies
Tien Pham is an attorney and certified public accountant in the Anti-Corruption & Internal Investigations practice group of the Washington, D.C. office of Hughes Hubbard & Reed LLP.
With over 10 years of experience in compliance and audit, Tien has represented and advised clients on matters before the US Department of Justice, the UK Serious Fraud Office, US Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA). In particular, Tien has significant experience conducting anti-corruption risk assessments, due diligence reviews and internal investigations matters across the globe, including in Brazil, China, Japan, France, Kuwait, Indonesia, Cyprus, Thailand, and Venezuela. Prior to joining Hughes Hubbard, Tien was a tax associate at a large national law firm. Prior to entering law practice, she was a fraud analyst at the FINRA and an auditor at Ernst & Young LLP. Tien also law clerked for the US SEC’s Enforcement Division and the Maryland Attorney General’s Securities Division. She is a graduate of the University of Maryland Francis King Carey School of Law and the University of Maryland College Park.
Tien Pham is an attorney and certified public accountant in the Anti-Corruption & Internal Investigations practice group of the Washington, …
Clay Porter is a Managing Director and Navigant’s Head of Investigations. Prior to joining Navigant, Clay held several senior positions in the United States Department of Justice’s Money Laundering and Asset Recovery Section (MLARS). As the Acting Principal Deputy Chief of MLARS, Clay supervised the work of approximately 150 attorneys and staff in connection with the various litigating, policy and asset forfeiture units within MLARS. Additionally, he supervised the government’s efforts to trace, find, and forfeit the proceeds of high level foreign corruption and prosecute the companies and individuals who launder corruption proceeds. As Chief of the Bank Integrity Unit, Clay supervised the attorneys who were leading the Department’s efforts to investigate and prosecute, where warranted, companies and their employees who violate the Bank Secrecy Act and U.S. economic sanctions laws and regulations and companies and individuals who launder the proceeds of bribery and corruption. Clay also supervised monitor ships that were required as part of enforcement actions, including monitor ships relating to U.S. economic sanctions and the Bank Secrecy Act. Prior to Clay’s federal government service, he was an associate at two international law firms, served on the New York City Mayor’s Commission to Combat Police Corruption and as an Assistant District Attorney in Brooklyn New York.
Clay Porter is a Managing Director and Navigant’s Head of Investigations. Prior to joining Navigant, Clay held several senior positions …
Wei Wei is a Director in the New York office of AlixPartners LLP. She helps companies through high-urgency internal and external investigations and the complexities of financial and accounting processes and operational improvement. Wei’s experiences focus on forensic accounting investigation, compliance review, operational assessment, and litigation support. She specializes in the life sciences industry. Wei has a Master of Science in Accountancy from James Madison University and is a Certified Public Accountant licensed by the State of New York.
Wei Wei is a Director in the New York office of AlixPartners LLP. She helps companies through high-urgency internal and …
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Method Of Presentation:
Experience in corporate law/internal investigations
NY Category of CLE Credit:
Areas of Professional Practice
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About Hughes Hubbard & Reed
Hughes Hubbard & Reed LLP is an international law firm ranked for 12 years, including five years in a row as the top-ranked New York-based firm, on The American Lawyer’s A-List of what the magazine calls “the top firms among the nation’s legal elite.” We advise and represent clients in over 30 specialized practices. Our firm strikes the balance between scale and agility, handling large and complex matters, while remaining flexible to adapt to clients’ needs and market developments. For more information, please visit www.hugheshubbard.com.
About AlixPartners, LLP
AlixPartners offers clients small teams of highly qualified experts with profound sector and operational insight. Our clients include corporate boards and management, law firms, investment banks, investors and others who appreciate the candor, dedication, and transformative expertise of our teams. We serve companies and their counsel with respect to a wide range of complex issues in matters involving high-stakes litigation, regulatory compliance, risk management, bribery and corruption, valuation, mergers, and complex disputes. Our global, integrated team in the Americas, Asia and Europe includes forensic accountants, economists, industry experts, and former enforcement professionals. We will ensure insight drives action at that exact moment that is critical for success. When it really matters.