The A-Z’s of Anti-Corruption Compliance: What You Need to Know in 2016 and Beyond
An appropriate and effective compliance program to address corruption and to mitigate legal risks is essential for any company today. Compliance programs help to identify risks, offer guidelines on dealing with ambiguities, and help to identify and control misconduct. Often, corruption poses a more serious threat in terms of business development than it does for risk of prosecution. As an example, following a bribe, management may remain under the illusion that its offer is competitive.
However, to be effective, all members of the company must be involved in an institutionalized anti-corruption program. This includes the Board of Directors who may view it as it as a legal issue and not as a strategic concern.
At The Knowledge Group, Our panel of key thought leaders and practitioners will discuss The A-Z's of Anti-Corruption Compliance and help understand What You Need to Know in 2016 regarding Anti-Corruption enforcement, principles, guidelines, and programs and how to handle common pitfalls, risks, and compliance issues.
Key topics include:
- Anti-Corruption Compliance – An Overview
- Anti-Corruption Enforcement Activities
- Corporate Compliance Strategies
- Revisiting Anti-Corruption Principles of Businesses
- Internal and External Challenges
- Developing an Anti-Corruption Ethics and Compliance Program
- Regulatory Developments
- Compliance and Litigation Risks
- Best Practices
Part I: Tone and Structure
- High-Level Commitment (Tone-from-the-Top)
- Proper oversight and structural independence
- Periodic risk-based review
- Clearly articulated corporate anti-corruption policy
Part II: Procedures to Mitigate Compliance Risk
- Risk-based due diligence on third parties
- Identifying and assessing third-party risk
- Role of forensic review and audits of high-risk third parties
- Risk-based due diligence for mergers and acquisitions
- Identifying and assessing risk
- Role of forensic review and audits
- Gifts, hospitality, entertainment, travel, and other expenses
- Identifying and assessing common risks
- Pros and cons of bright-line rules
- Pros and cons of judgment-based rules
- Political contributions, charitable donations, and sponsorships
- Identifying and assessing common risks
- Facilitation payments
- Pros/cons of prohibiting
- How to account for properly
- Solicitation and extortion
- How to identify
- System of financial and accounting procedures, including internal controls, reasonably designed to ensure the maintenance of fair and accurate books, records, and accounts;
- How to design and test
- Substantial consequences for control failures
Part III: Implementation & Monitoring
- Training and Guidance
- Internal reporting and investigation
- Whistleblower programs
- Forensic component of investigations
- Enforcement and discipline
- Monitoring and testing
- Risk-based reviews
- Exercise of audit rights over third parties
- Role of Internal Audit
Who Should Attend:
- Business Lawyers
- Corporate Attorneys
- Chief Legal Officers
- Business Development Managers
- CEOs and Directors
- Multinational Companies
- In-house Counsel
- Other related/interested Professionals and Organizations
Michael H. Huneke is a partner in the Anti-Corruption and Internal Investigations practice group. He advises clients in matters involving the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act, corporate governance and compliance, World Bank and other international financial institution matters, international trade controls, securities and accounting investigations, and government contracts.
Mr. Huneke performs anti-corruption investigations and due diligence efforts around the globe, including in connection with DOJ, SEC, SFO, World Bank, and African Development Bank inquiries. This experience includes conducting corporate compliance monitorships and compliance program evaluations. He has assisted U.S., European, and Asian clients in designing, administering, and maintaining anti-corruption, integrity compliance, and corporate governance programs. Mr. Huneke’s experience also includes U.S. Congress and U.S. inspector general inquiries.
In connection with his anti-corruption work, Mr. Huneke has traveled extensively, including to Argentina, Bahrain, Brazil, China, the Czech Republic, France, Germany, Ghana, India, Jordan, Malaysia, Mexico, Morocco, Norway, Qatar, Romania, Russia, Saudi Arabia, South Africa, South Korea, Switzerland, Togo, Tunisia, the U.A.E., and the U.K.
Michael H. Huneke is a partner in the Anti-Corruption and Internal Investigations practice group. He advises clients in matters involving …
Kevin Abikoff is the Chairman of the Anti-Corruption and Internal Investigations Practice Group at Hughes Hubbard & Reed LLP. He regularly advises clients across myriad industries and geographic regions on the full range of anti-corruption issues. His experience also includes counseling clients before the World Bank Group and other international financial institutions in sanctions and debarment proceedings and investigations. Kevin was appointed as monitor for Innospec by the SFO, DOJ, and SEC (and with approval from OFAC), led the engagement for a multinational oilfield services company in its post-DPA activities, led the engagement for a super-major integrated oil company in its post-DPA activities, and was appointed by the U.N. as a monitor. He has travelled the world, including many parts of Africa, several times over to conduct internal reviews and meet with a broad range of business partners including hundreds of agents, distributors, joint venture partners, and other third parties. Kevin has authored two relevant treatises, Corporate Governance: Avoiding and Responding to Misconduct, Law Journal-Seminars Press 2007 (updated semi-annually thereafter) and, most recently, Anti-Corruption Law and Compliance: Guide to the FCPA and Beyond, Bloomberg/BNA (July 2014).
Kevin Abikoff is the Chairman of the Anti-Corruption and Internal Investigations Practice Group at Hughes Hubbard & Reed LLP. He …
Brian Mich leads the firm’s U.S. Anti-Corruption Compliance & Investigations practice. He has more than 25 years of experience as a consultant and prosecutor, investigating complex financial and white-collar crimes, including fraud, embezzlement, FCPA violations, money laundering, and tax violations. Formerly Senior Counsel to the Independent Inquiry Committee into the United Nations Oil-For-Food Programme in Iraq, he investigated alleged corruption and mismanagement involving entities around the world, interfacing with prosecutorial, law enforcement and regulatory authorities from numerous international jurisdictions.
Brian has assisted companies in developing, implementing and testing anti-corruption compliance programs and assisted counsel in conducting internal investigations, including those in response to inquiries by the Department of Justice and U.S. Securities and Exchange Commission, as well as the state attorneys general. Brian is a member of the leadership team assisting the Monitor for the Office for Mortgage Settlement Oversight and serves as Project Leader for the monitorship of the renovation of the Jacob K. Javits Convention Center. He is also the Co-project Leader of the BDO team monitoring Western Union’s compliance with a settlement agreement related to its anti-money laundering efforts. Brian is also a member of the leadership team assisting the monitors who are overseeing the Residential Mortgage-Backed Securities (RMBS) settlements for JPMorgan Chase, Citigroup and Bank of America. Additionally, he served as a member of the leadership team overseeing BDO’s evaluation of the Gulf Coast Claims Facility.
Brian Mich leads the firm’s U.S. Anti-Corruption Compliance & Investigations practice. He has more than 25 years of experience as …
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About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is an international law firm ranked for ten 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.” Our attorneys advise and represent clients in over 30 specialized practices from offices in New York, Washington, D.C., Paris, Los Angeles, Miami, Jersey City, Kansas City, and Tokyo. For more information, please visit www.hugheshubbard.com.
About BDO Consulting
BDO Consulting, a division of BDO USA, LLP, provides clients with Financial Advisory, Business Advisory and Technology Services in the U.S. and around the world, leveraging BDO’s global network of nearly 60,000 professionals. Having a depth of industry expertise, we provide rapid, strategic guidance in the most challenging of environments to achieve exceptional client service. For more information, please visit www.bdo.com.