The Foreign Corrupt Practices Act: Strategy, Trends and Best Practices
Foreign Corrupt Practices Act (FCPA) enforcement is a significant United States Government civil and criminal priority. For many years, the United States led international enforcement efforts; now, other countries are undertaking unprecedented enforcement initiatives and enacting new laws, such as the United Kingdom Bribery Act, to rival the FCPA. This webinar will provide an overview of the anti-bribery provisions and the books and records components ofthe FCPA. Beyond how the statute works, Mr. Frenkel will discuss trends in international anti-bribery enforcement, designing and implementing compliance programs to detect and deter corrupt payments, best practices in contracts drafting and compliance, challenges in international mergers and acquisitions, navigating the minefield of agents and third parties, conducting due diligence and responding to discovery or allegations of corrupt payments.
Jacob S. Frenkel, Shulman Rogers Gandal Pordy & Ecker, P.A. & Bryan Moser, Grant Thornton LLP
Jacob S. Frenkel is Chair of the Securities Enforcement, White Collar Crime, and Corporate Investigations Practice Groups at Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Mr. Frenkel’s practice emphasizes the representation of corporations and their officers, directors and other senior corporate officials in federal securities and criminal investigations, including financial crimes, investigations by the U.S. Congress, and internal investigations. He also serves as an independent counsel to advise Audit Committees and officers and directors of companies in connection with their obligations under Sarbanes-Oxley, the Foreign Corrupt Practices Act (FCPA), and the USA PATRIOT Act. Earlier in his career, Mr. Frenkel served as an Assistant District Attorney in New Orleans, as senior counsel in the Division of Enforcement at SEC Headquarters in Washington, D.C., and as co-trial counsel on two high-profile Independent Counsel public corruption and federal securities law prosecutions, which involved money laundering and the FCPA. In addition, Mr. Frenkel lectures and publishes widely in his practice areas, and frequently provides expert commentary for U.S. and foreign wire services, newspapers, and radio and television networks.
Bryan Moser is Director, Forensics, Investigations and Litigation in Grant Thornton’s Advisory Services practice in McLean, Virginia. Bryan has assisted clients for more than 17 years with a variety of investigations and forensic accounting matters. He began his career as an industry analyst for the Bureau of Labor Statistics and was with PricewaterhouseCoopers for nearly 15 years. Bryan has assisted clients with SEC, DOJ, and internal fraud investigations in the US and abroad. Client issues have included earnings management, billing fraud, embezzlement, FCPA violations, improper vendor arrangements, tax evasion using offshore entities, misappropriation of grant and other government funding and compliance with governmental policies.
Learning Objectives
- Develop insight into how the US Government applies the FCPA so that you can provide better advice to your senior executives.
- Learn the key elements of a FCPA compliance program and how to bring best practices into your program.
- Beware liability for the actions of foreign subsidiaries, suppliers or rogue employees.
- Understand whether exceptions and affirmative defenses still exist.
- Determine what protections and provisions are effective in agent agreements
- Comprehend the challenges in international mergers and acquisitions.
- Identify anti-corruption compliance issues unique to emerging markets.
- Gain practical insight into strategies for internal investigations and the operation of corporate monitors.
Who Will Benefit
This webinar is a must if you’re a compliance officer, executive manager, counsel, supplier, consultant, auditor, trainer, outside attorney or government representative involved with contracts on foreign soils and/or dealing with exports of goods, services or technology.
*CLEs pending for CA, IL, NY and VA.
About L2 & PCI
The Public Contracting Institute (PCI) was founded to deliver the best possible acquisition training available anywhere. PCI instructors are nationally recognized experts, experienced practitioners, and highly-qualified professionals, with a wealth of knowledge and experience and proven success in teaching. PCI offers seminars, on-site customized training, and webinars in all facets and at every level of procurement, both to the public and private sectors. L2 Federal Resources, publisher of The Contracting Post, also provides expert-led training events on federal government contracting topics including marketing, project management, dispute resolution and contract law. Contact PCI at PublicContractingInstitute “dot” com.
