World Compliance - FCPA Chicago Event 2011

Join us
Join us Wednesday November 16th at the Palmer House Hilton for a comprehensive look at the lessons learned over the past four years. Learn how DPAs and NPA can help guide your FCPA policy.  

Attendees will receive three hours of MCLE credit

Agenda
9 AM – Opening remarks by Ryan Morgan AML/CA, CCEP - Anti Corruption Specialist, WorldCompliance

9:15 to 10:15 Tom Fox, Attorney - Tom Fox Law– “Lessons Learned from the last 4 years, understanding how DPAs and NPA can help you guide your policy” 

Panalpina-the 13 points of a best practices compliance program. The DOJ lays out its most current thinking on the minimum compliance program, with focus on foreign business partners, including
• Application of Compliance Policies to Foreign Business Partner
• Training on compliance program
• Ongoing advice and training
• Compliance terms and conditions in all contract

RAE and Joint Ventures.
• Transactions were executed in accordance with management's general or specific authorization;
• Transactions were recorded as necessary to (a) permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and (b) maintain accountability for assets;
• Access to assets were permitted only in accordance with management's general or specific authorization; and
• The recorded accountability for assets was compared with the existing assets at reasonable intervals, and appropriate action taken with respect to any differences.

Alcatel Lucent, Maxwell Technologies and Tyson Foods-Risk Assessments.
• Geography
• Interaction with types and levels of Governments.
• Industrial Sector of Operations
• Involvement with JVs
• Licenses and Permits in Operations
• Degree of Government Oversight
• Customs and Immigration

Johnson and Johnson-Enhanced Compliance Obligations.
• Compliance Department
• Gifts, Hospitality and Travel
• Complaints and Reports
• Risks Assessments and Audits
• Acquisitions
• Relationships with Third Parties
• Training
• Annual Certifications

Tenaris- actions which can lead to NPA rather than a DPA.
• Timely, voluntary and complete disclosure of all facts
• Real Time Cooperation with DOJ and SEC
• Voluntary and full investigation
• Extensive Remedial Efforts
• Commitment to enhanced compliance program
• Commitment to submit period monitoring reports to DOJ

10:15 to 10:30 Break

10:30 to 11:30 Michael Volkov, Attorney – Mayer Brown

Brief overview of FCPA, UK Bribery Act and relevant differences
• public and private bribery
• facilitation payments
• adequate procedures defense v. compliance credit
• extraterritorial jurisdiction

Identifying the Key issues from the FCPA and UK Bribery Act which may apply to your business and assessing current compliance program
• countries of operation
• industry
• level of government interactions, mergers and acquisitions
• joint ventures
• use of third parties
• gifts, meals, entertainment policies, charitable contributions and other issues

Principles for Compliance Program
• Designed for the business
• Need for buy in from business
• Problem Solving v. Dr. No
• Need to educate key gatekeepers to identify issues and raise them for resolution
• Documentation is the Key

Solving Specific Problems
• There is a solution for every problem
• Documentation
• Building a record to negate corrupt intent
• Good faith effort to comply is key to protecting people from going to jail (ostrich approach means jail)

Real World Problems
• Gift giving in China, Taiwan or Korea:  bribes do not have to be in money; negating corrupt
intent
• Screening 3rd Party Agents: Large fees, Success fees, Close ties to government officials
• Defining “Due Diligence” – “reasonable inquiries”
• Damn the Torpedoes: Buying a company in 2 weeks with no pre-acquisition due diligence
• Securing a Permit in Afghanistan:  You know something is wrong – what do you do?
• Paying extraordinary Visa fees to ensure the Safety of Your Employees?
• Making Decisions on Less than Full Information – The Importance of Anti-Corruption Representations and Warranties
• My Fish is About to Rot:  Paying Customs Bribes or Destroying Your Product – Lessons in Extortion

11:30 to 12:30 Panel Discussion – applying lessons learned to your organization’s policies & procedures
Panelists:
• Jeremy Warren - Head of Financial Crime Prevention (FCPA) & Chief AML Officer EMEA Newedge Financial Group
• Panelists #2 & #3 to be announced

12:30 to 1 PM Question and Answer Session

YOUR SPEAKERS

Thomas R. Fox
General Counsel / Chief Compliance Officer
Client-focused, innovative attorney, with expertise in contracts, corporate law, international law, compliance, and small business affairs for major Fortune 500 corporations, such as Halliburton, Smith and Wesson, Exxon, Tesoro, and Texaco, as well as small and solo business owners.

Thomas built an international reputation as the “Nuts and Bolts” compliance expert. He successfully managed legal involvement in cases using social media and blogging to educate the public. He is noted for providing superior and the most responsive legal services for the greatest value. He is a resourceful negotiator, with high integrity and good judgment who can provide direction and credible legal expertise.

• FCPA / Compliance Investigations Served as primary lead lawyer for investigation of international FCPA and Aibel Code of Conduct violations, including interviews of relevant parties in multiple locations in Brazil, Singapore, and Canada and submitted reports to Aibel Group Ltd. Oversight Compliance Counsel and US Department of Justice.
• Compliance Policy Drafting Designed due diligence standards and practice for approval of international agents, drafting compliance policy for the use of agents.
• International Contract Negotiation Led negotiations in Europe on Aibel EPC contracts.
• International Contracting Policy Implementation Reviewed Aibel International Service contracts to create standard contracting language, developed Aibel International Service contracting policy, and developed and implemented Aibel Risk Management Policy.
•  Training Designed training materials for the Aibel law department on Risk Shifting and Risk Management clauses, U.S. and Europe export control, IP rights and protections.
• Dispute and Litigation Manger Served as Lead Aibel lawyer for international oilfield service disputes. Negotiations led to successful resolution of multiple claims of more than $50 million.

Contact information

Houston, Texas
Ph.: +1 832 744 0264
www.tfoxlaw.com
 

Michael Volkov
Michael Volkov is a former federal prosecutor with almost 30 years’ experience in a variety of government positions and private practice. Michael’s practice focuses on white collar defense, corporate compliance, internal investigations, regulatory enforcement matters and complex commercial litigation.

Before entering private practice, Michael served for more than 17 years as a federal prosecutor in the US Attorney’s Office in the District of Columbia; for 5 years as the Chief Crime and Terrorism Counsel for the Senate Judiciary Committee, and Chief Crime, Terrorism and Homeland Security Counsel for the Senate and House Judiciary Committees; and for 6 years as a Deputy Assistant Attorney General and a Trial Attorney in the Antitrust Division of the US Department of Justice.

Michael has extensive trial experience and has been lead attorney in more than 75 jury trials, including some lasting more than six months. He has handled a number of high-profile criminal cases brought under a wide range of national and international laws, including those covering environmental, antitrust, international traffic in arms (ITAR), money laundering, online gambling, fraud, false claims and other complex crimes as well as the Foreign Corrupt Practices Act (FCPA) and other international bribery laws.

Contact information
Ph. : +1 202 263 3288
Fax:  +1 202 263 3300
Washington, D.C. 20006
mvolkov@mayerbrown.com


Ryan Morgan
FCPA Specialist

Ryan is the Anti-Corruption Specialist for WorldCompliance, offering his clients insight on risk evaluation, implementing effective due diligence policies, as well as best practices in protecting their company’s reputation.  In this position, Ryan works with some of the world’s largest financial institutions, Fortune 500 companies, and governments to develop effective FCPA policies and procedures and help battle corruption and money laundering around the globe.

In 2007, Ryan joined WorldCompliance where he began servicing financial companies in the US and the world.  Mr. Morgan has attended industry conferences focused on preventing corruption, money laundering, and terrorism financing all over the world.  In 2011, he was one of the speakers of the FCPA Blog Tour, where he discussed due diligence strategies for complying with the Foreign Corrupt Practices Act.  He has also participated in workshops where he consulted the US government on ways to fight drug trafficking in the US and Latin America.

Contact information
+1 305.815.0809
E-mail: RyanM@worldcompliance.com
www.worldcompliance.com

About WorldCompliance
WorldCompliance has the most comprehensive database of individuals and organizations, which may pose a risk to the financial system. We offer the most comprehensive screening tools for due diligence by offering in-depth profiles with portrait photographs along with other unique identifying details including dates and place of birth plus multiple address information.

WorldCompliance solutions help identify individuals and companies linked to over twenty risk categories. Our services conform to over 100 local anti-terrorism and money-laundering legislations including The USA PATRIOT Act, Foreign Corrupt Practices Act (FCPA), Financial Action Task Force (FATF), the 3rd EU Money Laundering Directive and the Bank Secrecy Act (BSA).

Sincerely,

Lee Moran
Global Marketing Director