Defending FCPA Claims and Minimizing FCPA Exposure

Why Should You Attend:

In the current political and regulatory environment, government oversight activities are at an all-time high. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have become increasingly aggressive in prosecuting FCPA claims. The government has been focusing more and more on identifying individuals in addition to corporations who may have FCPA liability and exposure.

There also has been a significant trend in favor of bringing actions against banks and other financial institutions. When faced with FCPA claims, companies must take appropriate steps in a timely fashion or face significant liability in both civil and criminal venues.

This webinar will help attendees in understanding how best to navigate FCPA claims and conduct comprehensive and thorough internal investigations crucial to reducing potential exposure.

Areas Covered in the Webinar:

• Recent U.S. DOJ and SEC Guidance
• Increasing FCPA Enforcement Against Financial Institutions
• Achieving a Culture of Compliance in an Organization
• Risk-Based Due Diligence and Monitoring
• Conducting FCPA Compliance Assessments
• Management of Third Parties
• Conducting Due Diligence on Acquisition Targets
• Triggers for an FCPA Enforcement Action
• Self-Disclosing Violations
• Conducting Thorough and Comprehensive Internal Investigations
• Reducing FCPA Exposure and Liability

Who Will Benefit:

• Banking officials
• Compliance officers
• Risk assessment professionals
• CEOs and senior management officials of small to mid-size firms
• Operational managers
• Internal auditors
• Staff with roles and responsibilities in compliance departments
• Staff with roles and responsibilities in risk assessment departments

Instructor Profile:

H. David Kotz presently serves as a managing director at Berkeley Research Group, a leading global expert services and consulting firm. Mr. Kotz focuses on internal investigations and matters relating to Foreign Corrupt Practices Act and Anti-Money Laundering regulations. He also serves as a compliance monitor for firms that have entered into deferred prosecution agreements and similar arrangements with government agencies. He also serves as an expert witness in litigation matters relating to securities regulation, compliance, and the identification of fraud.

Prior to Berkeley Research Group, he served for over 4 years as the Inspector General of the Securities and Exchange Commission (SEC). During his tenure at the SEC, he authored the landmark, widely publicized report investigating the failure of the SEC to uncover Bernard Madoff’s $50 billion Ponzi scheme. Mr. Kotz also authored numerous high-profile reports of investigation while at the SEC concerning, among others, a $7 billion alleged Ponzi scheme perpetrated by Allen Stanford, an SEC settlement of enforcement action against Bank of America, and alleged SEC coordination with Congress and the White House concerning the timing of the bringing of an enforcement action against Goldman Sachs & Co.

In addition, he authored a landmark audit report analyzing the SEC’s oversight of Bear Stearns and the reasons for its collapse. He has testified before Congress, including televised appearances before the House Financial Services Committee and Senate Banking Committee regarding the Madoff and Stanford Ponzi schemes. He also previously served as Inspector General of the Peace Corps.

His most recent book, entitled, “Financial Regulation and Compliance – How to Manage Competing and Overlapping Regulatory Oversight” was published by Wiley in 2015.

Topic Background:

Congress enacted the U.S. Foreign Corrupt Practices Act (FCPA) in 1977 in response to revelations of bribery of foreign officials by U.S. companies. The FCPA, which has as its purpose to promote transparency in international transactions, has led to significant penalties for companies and increasingly, individual corporate representatives. Under the FCPA, firms who are operating in the U.S. face charges in the U.S. for any laws their subsidiaries violate in a foreign country. In addition, the FCPA makes the organization liable even for the actions committed by its third-party agents.

The FCPA is one of the most emphasized enforcement areas for both the DOJ and the SEC and can be very challenging for companies to defend.

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