The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) recently issued long-promised written guidance on the U.S. Foreign Corrupt Practices Act (FCPA), in a 120-page publication entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “FCPA Guide”). The FCPA, the first of a growing number of statutes throughout the world that prohibit companies from making improper payments to foreign government officials to obtain or retain business, presents a major risk for any government contractors in the international market place. According to DOJ and the SEC, the FCPA Guide aims to “provide helpful information to enterprises of all shapes and sizes – from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world.”
The FCPA Guide provides a useful description of the key enforcement agencies’ view of the statute’s reach and will be essential to government contractors facing the daily challenge of anti-corruption compliance. In this 90 minute webinar, subject matter experts will provide you with key takeaways from the FCPA Guide, as well as their take on the government’s views.
- Understand the history and purpose of the FCPA Guide, how it can help government contractors navigate FCPA compliance, and its limits.
- Identify the hallmarks of an effective anti-corruption compliance program;
- Become familiar with factors the agencies consider in deciding whether to decline corporate prosecutions, including voluntary disclosure, cooperation in government investigations, and improvement of compliance programs;
- Recognize whether and what facilitating payments to foreign government officials may be permissible under the FCPA.
- Review the meaning of key terms in the FCPA that have been the subject of recent litigation, including the definition of “foreign official.
- Identify the scope of parent-subsidiary and successor liability under the FCPA.
- And much, much more!
Who Will Benefit?
Contractors, their counsel and compliance officers would benefit from a deeper understanding of the FCPA. Get ahead of the curve — register your team today!
Meet Your Presenters
Alan Gourley is a partner in the international law firm of Crowell & Moring LLP where he counsels and defends clients involved in a broad range of international transactions, arbitration and investigations. He has extensive experience with all aspects of international contracts, both government and commercial, including Foreign Military Sales contracts and international transactions funded with U.S. grant money such as Foreign Military Financing and U.S. AID procurements. He has assisted clients in vetting potential offset arrangements and partners as well as agents retained to solicit international business. He has also defended numerous False Claims Act, Foreign Corrupt Practices Act investigations related to international transactions as well as export controls and economic sanctions compliance.
Stephen Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group, and E-Discovery & Information Management Group. Mr. Byers’ practice involves counseling and representation of corporate and individual clients in all phases of white collar criminal and related civil matters, including: internal corporate investigations; federal grand jury, inspector general and congressional investigations; and trials and appeals. Mr. Byers has represented clients in matters involving foreign bribery, procurement fraud, export control violations, trade secrets theft, antitrust conspiracies and other areas. He has extensive experience with the Foreign Corrupt Practices Act, the federal False Claims Act and qui tam litigation, the Economic Espionage Act, and the Computer Fraud and Abuse Act. Mr. Byers’ experience in e-discovery includes counseling clients on electronic discovery issues in the context of internal and government investigations, including the use of computer forensics as an investigative tool, and negotiating with government investigators concerning the preservation, processing and production of electronically stored information (ESI). Mr. Byers has written and spoken widely on e-discovery issues in the context of criminal investigations and prosecutions.
Janet Levine is a partner in Crowell & Moring’s Los Angeles office and chair of the firm’s White Collar & Regulatory Enforcement Group. She is a trial and appellate attorney, with extensive experience in foreign bribery, securities, health care, and tax fraud matters and all manner of public corruption matters. Ms. Levine has extensive trial, grand jury, pretrial experience and pre-filing experience. Ms. Levine is one of the few lawyers to ever try a Foreign Corrupt Practices Act (FCPA) case. After a trial lasting over five weeks, she obtained a dismissal with prejudice of all charges against her client based on prosecutorial misconduct (United States v. Aguilar, CR10-1031(A)-AHM, U.S. District Court, Central District of California). Ms. Levine received the California Lawyer Attorney of the Year (CLAY) award in the “criminal law” category for her work in the Aguilar case. Ms. Levine is the immediate past Chair of the American Bar Association’s Criminal Justice Section and is a Fellow of the American College of Trial Lawyers. Ms. Levine has received numerous awards and is recognized by many publications as being among the best lawyers in the white-collar crime arena, including being named one of the best white collar criminal defense lawyers in California by Chambers USA.
Kelly Currie is a partner in the firm’s New York office, where he is a member of the White Collar & Regulatory Enforcement Group. He is an experienced trial lawyer and represents companies and individuals in white collar criminal defense matters, enforcement actions, corporate internal investigations and complex civil litigation. Mr. Currie joined Crowell & Moring in 2010 after serving for over 11 years as an Assistant United States Attorney in the Eastern District of New York, most recently as Deputy Chief of the Criminal Division, and previously as Chief of the Violent Crimes and Terrorism Section. Mr. Currie has tried over fifteen federal jury trials to verdict and argued over a dozen cases before the Second Circuit Court of Appeals. His trials have involved securities and wire fraud, money laundering, international terrorist financing, multi-defendant RICO prosecutions and tax fraud. During his tenure as Deputy Chief of the Criminal Division, Mr. Currie supervised approximately 100 Assistant U.S. Attorneys in criminal investigations and prosecutions including those involving securities fraud, wire and mail fraud, Foreign Corrupt Practices Act (FCPA) violations, and matters arising from the 2008 market collapse.
Continuing Legal Education (CLE) Credits
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