The DOJ’s FCPA Pilot Program: Exploring Opportunities and Drawbacks
Announced on April 5, 2016, the U.S. Department of Justice’s (DOJ’s) Foreign Corrupt Practices Act Pilot Program (FCPA) states that if a company voluntarily discloses an FCPA misconduct, participates in appropriate remediation, and offers full cooperation, then, it is eligible for reduced fine and may be considered for a declination. There is no question that FCPA prosecutions have skyrocketed over the last ten years. Significant enforcement actions, including the recent Och-Ziff and Embraer resolutions, have been made since the program began.
Now, more than ever, businesses should not only put compliance programs into place but should be able to communicate them repeatedly and enforce them properly throughout the entire organization to protect themselves in the event the government learns about prior violations.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help companies and their counsel understand the fundamental aspects of the DOJ's FCPA Pilot Program. Speakers will also offer best compliance practices and will provide an in-depth discussion of weighing the positive benefits of self-disclosure.
Key topics include:
- The FCPA Pilot Program – Lessons Learned
- Notable Cases
- Opportunities and Drawbacks
- To Self-Disclose or Not?
- Regulatory Outlook
Martin S. Bloor, Partner
Pepper Hamilton LLP
- Overview of Declinations Under the Pilot Program
- Impact of Public Nature of Declination Letters
- Has the Pilot Program Had a Real Impact on a Company's Decision Whether to Self-Report?
- Has the Pilot Program Provided a Tangible Benefit to Cooperation?
- Disgorgement Requirement, Even in Cases Without SEC Jurisdiction.
Claire Rajan, Attorney
Allen & Overy
- Self-report to prevent imposition of a monitor
- What level of "cooperation" is expected?
- Corporate compliance program lessons from declinations and the pilot program
Bryan Sillaman, Partner
Hughes Hubbard & Reed
- The difference between self-disclosure and cooperation?
- What steps must a company take to receive cooperation credit under the pilot program?
- How is cooperation impacted by the Yates memo?
- What remedial actions should a company expect to undertake in light of evidence or allegations of wrongdoing?
Mark Scallon, Partner
- Overview of the 7 key self disclosure cases under the pilot program
- The differences in outcomes between self disclosure before and after the pilot program (e.g. Bio-Rad vs BK Medical)
- Key trends of outcomes, regardless of self-disclosure during the pilot program time frame (April 2016 – 2017)– case comparisons
- Current FCPA matters to keep an eye on
Who Should Attend:
- White Collar Crime Attorneys
- FCPA Securities and Corporate Governance Attorneys
- FCPA Practicing Lawyers
- In-House Counsel
- Regulatory and Policy Managers
- Corporate Counsel
- Compliance Officers
- Top Level Management
- Multinational Companies
- Public and Private Companies
- Other Related/Interested Professionals and Organizations
Martin S. Bloor is a partner in the White Collar Litigation and Investigations Practice Group, resident in the New York office. He represents clients in white collar criminal matters, corporate investigations and complex commercial litigation.
Mr. Bloor’s practice is primarily focused on criminal and regulatory investigations of individuals and corporations, internal corporate ionvestigations, particularly in connection with potential violations of the Foreign Corrupt Practices Act (FCPA), antitrust matters and securities and derivative litigation. Mr. Bloor also has experience in complex commercial litigation and appellate matters before federal and state courts.
Mr. Bloor also advises businesses on compliance issues under the FCPA, including drafting and implementing corporate compliance programs, and has extensive programs, and has extensive experience in conducting FCPA due diligence and advising on other FCPA risks in the context of mergers and acquisitions.
Martin S. Bloor is a partner in the White Collar Litigation and Investigations Practice Group, resident in the New York …
Claire Rajan’s cross-border practice includes representing multinational corporate clients in investigations and litigation matters. Her primary focus is on anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and political law regulation governing campaign finance, pay-to-play, lobbying, and gifts to public officials. Claire’s experience includes cross-border litigation, internal investigations, federal and state government investigations, and transactional due diligence.
Claire also has extensive experience with evaluating compliance programs, particularly while on multiple secondments to major global financial services providers.
Prior to joining Allen & Overy, Claire worked as a litigation attorney for the Federal Election Commission (FEC) and served as counsel to Commissioner Ellen L. Weintraub. Her FEC litigation experience includes matters at the United States Supreme Court, as well as various federal circuit and district courts throughout the United States.
Claire serves as Co-Chair of the First Amendment Rights Committee of the American Bar Association. She is also a member of the Administrative Law & Regulatory Practice and Business Law Sections.
Claire Rajan’s cross-border practice includes representing multinational corporate clients in investigations and litigation matters. Her primary focus is on anti-corruption …
Bryan J. Sillaman is a partner in Hughes Hubbard's Anti-Corruption & Internal Investigations practice group, currently based out of firm's Paris office. Bryan counsels multinational clients across the spectrum of anti-corruption issues, including with respect to the development of policies and procedures, due diligence relating to third-party agents and joint venture partners, and internal reviews following evidence or allegations of improper conduct. He has also spent significant time counseling clients during the post-resolution phase of a corruption investigation, including with respect to independent monitorships. Prior to joining Hughes Hubbard, he was an attorney in the Division of Enforcement of the US Securities and Exchange Commission (SEC), where he conducted several investigations into potential violations of the FCPA and participated in the then second-largest penalty ever assessed at the time by the SEC, for an accounting fraud investigation, for which he earned a Division Director Award.
Bryan J. Sillaman is a partner in Hughes Hubbard's Anti-Corruption & Internal Investigations practice group, currently based out of firm's Paris …
Mark Scallon is a Partner in FRA’s Washington DC office and leads the firm’s Life Sciences practice. He has over 18 years’ experience providing compliance advisory services and is a thought leader in international compliance matters.
Mark has extensive experience working with clients to transform their compliance function, with particular expertise in program development, monitoring, audits, risk assessments, spend transparency, global investigations, and FCPA matters. He has assisted a number of life sciences organizations in identifying compliance risks in order to develop practical recommendations to align their policies and procedures with industry practices, guidelines, regulations, and laws.
Prior to joining FRA, Mark was an Advisory Principal in KPMG’s Life Sciences Regulatory Enforcement and Compliance Practice and a Partner at Polaris Management Partners.
Mark received his Bachelor’s degree from SUNY Geneseo before earning a Master’s degree in Health Administration from Cornell.
Mark Scallon is a Partner in FRA’s Washington DC office and leads the firm’s Life Sciences practice. He has over …
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Method of Presentation:
Experience in litigation
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Pepper Hamilton LLP
Pepper Hamilton LLP is a multipractice law firm with more than 500 lawyers nationally. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world.
Pepper’s White Collar Litigation and Investigations team includes a highly skilled group of former judges, federal and state prosecutors, and corporate counsel, who bring unparalleled experience and judgment to legal representation in the areas of white collar defense and regulatory enforcement; corporate investigations; business integrity, compliance and ethics; and monitorships.
About Allen & Overy
Our ambition at Allen & Overy is to help the world’s leading businesses both maximize the opportunities that globalization presents and meet the potential challenges. As our clients have sought new markets, so have we. We are continuing to invest in a growing network of international offices that covers the Americas, Europe, Africa, Asia Pacific and the Middle East. With 44 offices in 31 countries, our footprint is among the largest of any legal practice.
Our New York and Washington, D.C. offices are the core of our global U.S. practice. An impact player in the U.S. for more than 30 years, our U.S.-qualified attorneys provide comprehensive legal services to the world's leading financial institutions, global corporations, funds and multilateral agencies on complex domestic and cross-border transactions and offer a full range of specialty areas, including capital markets, corporate/M&A, finance and litigation across a number of jurisdictions.
About Hughes Hubbard & Reed
Hughes Hubbard & Reed LLP is a New York City-based international law firm with a relentless focus on providing quality service to our clients and delivering successful results in the most complex matters. The firm is a leader in promoting diversity and is recognized for its pro bono achievements.
Our success has been, and will always be, built around our singular focus on quality and results. Every day, we work to earn the trust of our clients by bringing innovative and effective solutions to our clients’ most challenging matters. We strike the balance between scale and agility, handling large and complex matters, while remaining flexible to adapt to clients’ needs and market developments.
Known for our teamwork – with one another, our clients and with other law firms – Hughes Hubbard has a distinguished history dating back more than a century. The firm was founded in 1888 by renowned jurist and statesman Charles Evans Hughes (future governor, secretary of state and chief justice), whose values and innovative thinking about the practice of law have been passed down through generations of our firm’s lawyers.
Forensic Risk Alliance (“FRA”) is an internationally acknowledged market leader in investigative accounting, complex data analytics, compliance and cross-border eDiscovery. We specialize in cross-border litigation and multi-jurisdictional investigations and our team of experts have extensive experience dealing with authorities all over the world. We have credentials in all major jurisdictions and emerging markets and our clients rely on us to bring industry-recognised solutions and approaches to all aspects of an engagement to assure governments, internal stakeholders and regulators worldwide on their behalf. We are a multi-national and multi-lingual team and many of us have lived and worked in a variety of jurisdictions meaning we bring real-life experience to bear on the challenges our clients face.
Link : www. forensicrisk.com