3rd Edition FCPA Compliance Conference
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Transcript of 3rd Edition FCPA Compliance Conference
September 16-17, 2009Four Points Sheraton | Washington, DC
Minimizing Risk In A Heightened Global Anti-Corruption Environment
Attending this Premier marcus evans Conferencewill Enable You to:
• Obtain insight and updates on the current FCPA enforcement trends from the FBI and SEC
• Review global initiatives and enforcement actions on anti-corruptionby the U.S. Department of State
• Comprehend how to manage and mitigate the risk associated with mergers and acquisitions from Bank of America
• Discover strategies to conduct effective and cost efficient FCPA compliance training from Lockheed Martin
• Explore best practices and overcome challenges in dealing with gifts and entertainment from Chevron Corporation
marcus evans invites Heads, Vice Presidents, Directors and In-HouseCounsel as well as Law firms and government agencies with responsibilities or involvement in the following areas:• Foreign Corrupt Practices Act• Anti-Corruption• Compliance & Ethics• Regulatory Affairs• Internal / Corporate Audit• Risk Management• Investigation• Legal Affairs• Corporate Fraud
Who Should Attend:
Conference Chairperson:
3rd Edition
Featuring Case Studies from Leading Experts Including:
Cheryl Scarboro, Associate Director, Division of Enforcement U.S. Securities and Exchange Commission
Edward Cooper, Retired Special Agent, Program Manager International Corruption UnitFBI Headquarters
Keith Hennessee, Associate General Counsel,Regulatory Matters Halliburton
Diane M. Kohn, Anticorruption Advisor, Bureau for International Narcotics and Law Enforcement Affairs (INL) U.S. Department of State
Alice Eldridge, Vice President, Ethics & Business Conduct Lockheed Martin Corporation
Jay Perlman, DirectorDaylight Forensic & Advisory
Anne M. Richardson, Director, Member ServicesTRACE International, Inc.
Matthew O. Tanzer, Vice President and Chief Compliance CounselTyco International
James Nortz, Compliance DirectorBausch & Lomb
David Wilson, PartnerThompson Hine
Gail P. Granoff, Chief Compliance and Governance Officer Dow Advanced MaterialsThe Dow Chemical Company
Jeremy P. Kuester, Global Compliance and Operations RiskBank of America
Jed Davis, Managing DirectorKroll
Mark Mendelsohn, Deputy Chief, Fraud Section, Criminal DivisionU.S. Department of Justice
Joel Kirsch, Vice President, Chief Compliance Officer & Associate General CounselSiemens Corporation
Peter V Rother, Deputy General Counsel and Chief Compliance Officer AGA Medical Corporation
Sangita Patel, Senior Compliance CounselChevron Corporation
Nancy K. Cassidy, Executive CounselTextron Inc.
Bob Rosen, Risk & Compliance SpecialistDow Jones Risk & Compliance
Jeffrey Eglash, Senior Counsel, Litigation & Legal PolicyGE
Patricia M. Byrne, Counsel, International and Domestic Compliance BAE Systems, Inc.
Stephen R. Martin, Editor-in-Chief Ethisphere Magazine Executive DirectorEthisphere Council
Kevin Espinoza, Executive Director, Global Ethics & ComplianceEurasia Ethics & Compliance OfficerStiefel Laboratories
Michael J. Hershman. Co-FounderTransparency International
Ryan Morgan, Director, FCPA DivisionWorld Compliance, Inc.
Minimizing Risk In AHeightened GlobalAnti-CorruptionEnvironment
Silver Sponsor: Preferred Partners: Media Partners:
Martin T. Biegelman, CFE, CCEP, Director, Financial Integrity UnitMicrosoft Corporation
8.15 Registration and Morning Coffee
8.50 Chairman's Opening AddressMartin T. Biegelman, CFE, CCEP, Director, Financial Integrity UnitMicrosoft Corporation
9.00 Keynote Presentation
Regulatory Updates and Insights from the US Regulators – DOJ, SEC & FBI• Highlights of recent FCPA cases and investigations– Reviewing the Siemens case and lessons learned– A look at some of the fines and penalties imposed
• Analyzing current enforcement priorities• Outlook for 2009 in light of the new US administration• Understanding compliance expectations by the different agencies• Trends in pursuing and penalizing individuals • Assessing the pros and cons of voluntary disclosure– What cooperation can organizations expect from the regulatory agencies whenvoluntarily disclosing?
• Interagency as well as international coordination and cooperation• Dealing with Multi-jurisdictional Investigations – Assessing the challenges and risks when dealing with multiple investigations– Managing conflicting requirements of national and foreign agencies
Panelists:Mark Mendelsohn, Deputy Chief, Fraud Section, Criminal DivisionU.S. Department of Justice
Cheryl Scarboro, Associate Director, Division of Enforcement U.S. Securities and Exchange Commission (Tentatively Confirmed)
Edward Cooper, Retired Special Agent, Program Manager – International Corruption Unit FBI Headquarters
10.00 Case Study
Global Initiatives and Enforcement Actions on Anti-Corruption• Assessing the OECD, OAS and UN convention and its impact on eradicating anti-corruption• Overview of anti-corruption initiatives and enforcements in emerging markets –China, India and Russia– Reviewing landmark cases and enforcement actions – Insights on managing corruption in emerging markets – China, India and Russia
• Addressing the cultural problems that can undermine compliance initiativesDiane M. Kohn, Anticorruption Advisor, Bureau for International Narcotics and Law Enforcement Affairs (INL) U.S. Department of State
11.00 Morning Coffee and Networking
11.30 Interactive Panel Discussion
Implementing and Monitoring an Innovative Compliance Program in a Constrained Economic Climate• Assessing the tools and strategies implemented and maintained by leading organizations• Evaluating the pros and cons of a value-based vs. rule based compliance program• Understanding the importance of leadership in setting standards throughout the organization
• Allocating resources and leveraging various departments to ensure greater FCPA compliance– Assigning responsibility and accountability throughout the organization
• Overcoming cultural obstacles when developing a global compliance culture– Tailoring your FCPA compliance program to the specific country while maintaining universal standards– Strategies for effective global implementation
• Analyzing your current compliance program and determining what to cut withoutcompromising your compliance program – Understanding how much to do internally and how much to outsource
Moderator:Stephen R. Martin, Editor-in-Chief, Ethisphere Magazine & Executive DirectorEthisphere Council
Panelists:Anne M. Richardson, Director, Member Services, TRACE International, Inc.
Sangita Patel, Senior Compliance Counsel, Chevron Corporation
12.30 Topical Luncheon – Interactive Luncheon with Topic Tables
Your opportunity to discuss and debate best practices for a successful compliance program and evaluate ideas to minimize the risk of fraud and corruption. The topicalluncheon has been specifically created to ensure that all event participants have the opportunity to share their problems and solutions to commonly shared professionalchallenges. Discuss the most emerging issues and share your thoughts about the current market trends with us. Each table will nominate a representative whom will sharethe thoughts and findings with the rest of the group upon reunion in the conference roomafter lunch.
REGULATORY INITIATIVES & ENFORCEMENT
IMPLEMENTING & SUSTAINING AN EFFECTIVE FCPA COMPLIANCE PROGRAM
DAY ONE | Wednesday September 16, 2009
1.30 Summary and Assessment of the Luncheon Discussions
1.45 Case Study
Setting Up Fraud and Anti-Corruption Risk Internal Controls• Comprehending what your system of fraud risk internal controls needs to addressand accomplish
• Understanding the intersection of fraud controls and financial controls• Key controls to prevent improper payments and fraud– Developing approval and other compliance related processes
• Integrating risk assessment into the internal controls– Understanding when, how and by whom should risk assessments be conducted
2.30 Case Study
Effective Audit Strategies for FCPA Compliance• Promoting partnerships between Audit and Compliance functions• How to use risk assessment results in developing audit plans• Key elements to consider when planning an FCPA audit• Determining audit scope, frequency and ownership of results• Assessing the operational effectiveness of FCPA compliance controls• Using your FCPA audit findings to improve your overall compliance program• Developing strategies to address problems identified during the auditMatthew O. Tanzer, Vice President and Chief Compliance CounselTyco International
3.15 Interactive Panel Discussion
Managing Legal FCPA Risk in Mergers and Acquisitions • Conducting appropriate due diligence • Building protective provisions into transaction documents• Options if problems are uncovered• Considerations relevant to post-acquisition integration • Impact of the DOJ's Halliburton opinion releasePanelists:Jeremy P Kuester, Global Compliance and Operations Risk, Bank of America
Joel Kirsch, Vice President, Chief Compliance Officer & Associate General CounselSiemens Corporation
Keith Hennessee, Associate General Counsel, Regulatory Matters, Halliburton
4.00 Afternoon Tea and Networking
4.30 Case Study
Conducting and Implementing Effective FCPA Compliance Training• Uncovering the scope and type of information to be incorporated in the training• Strategies to successfully balance in-person and electronic training in the current economy• Developing a training program that takes into account high risk areas in the industry and the company
• Strategies to customize your training program to the specific market while maintaining universal standards– Overcoming cultural barriers
• Evaluating the success of your compliance training programAlice Eldridge, Vice President, Ethics & Business ConductLockheed Martin Corporation
5.15 Case Study
Competing on an Uneven Playing Field – Strategies to Conduct Business Ethically • What to do when your competitor is not subjected to the FCPA –How do you level the playing field?
• Strategies to address competing with companies willing to bribe• Insights on working with companies that expect briberyMichael J. Hershman, Co-Founder, Transparency International
6.00 Closing Remarks of the Chair
6.05 End of Day One
ESTABLISHING THE ROLE OF THE AUDIT FUNCTION IN FCPA COMPLIANCE
IMPLEMENTING A ROBUST TRAINING PROGRAM
COMPETING IN UNEVEN PLAYING FIELD
DAY TWO | Thursday September 17, 2009
1.45 Case Study
Effective Strategies for Voluntary Self Disclosure and Developing a Successful Remediation Plan• Key elements to consider before deciding to make a voluntary disclosure• Identifying what needs to be included in the disclosure• Understanding the key elements to consider when implementing an effectiveremediation plan– Determining who should be involved in the remediation plan– Managing the cost of the remediation process– Documenting remedial actions
Peter V Rother, Deputy General Counsel and Chief Compliance OfficerAGA Medical Corporation
2.30 Afternoon Tea and Networking
2.45 Interactive Panel Discussion
Leveraging Technology in FCPA Compliance Monitoring, Tracking and Reporting• Reviewing the various tools and technology available that can be integrated into your compliance program
• Understanding the type of compliance and risk information that can be providedby the different solutions
• Using technology to track and monitor intermediaries to mitigate the risk of non-compliance
Panelist:Ryan Morgan, Director, FCPA Division, World Compliance, Inc.
3.30 Case Study
Handling and Managing a Compliance Monitor• Insights on what qualities to look for in the choice of a monitor and the government's role in choosing a monitor
• Identifying the scope and assignment of a monitor• Establishing an effective working relationship with a monitor• Strategies in controlling the cost
4.15 Case Study
Overcoming the Challenges of Identifying State-owned Companies and Risky Employee Actions• Hear proprietary research on the number of state-owned companies operating in Asia-Pacific,the Americas, Europe and Africa, including breakdowns for key regions and countries
• Which regions and countries present the highest risk and why • What makes state-owned companies difficult to identify and track – Including misinformation on translated websites, joint ventures and cross-border operations,and government financings that turn private companies into state-owned entities
• Strategies and tools for identifying high risk relationships and verifying employee actionsBob Rosen, Risk & Compliance Specialist, Dow Jones Risk & Compliance
5.00 Closing Remarks of the Chair
5.05 End of Conference
STRATEGIES FOR VOLUNTARY SELF DISCLOSURE & HANDLING COMPLIANCE MONITORS
USE OF TECHNOLOGY IN THE FIGHT AGAINST ANTI-CORRUPTION
Why You Must Attend:FCPA and anti-corruption enforcement by U.S. and foreign governments has increased drastically in the last several years. Organizations are seeing the imposition of huge penalties.In this constrained economic climate organizations cannot afford to fork out millions of dollars due to non-compliance. There is a real need for organizations to pay closer attention to their business transactions especially when conducting business using intermediaries, setting up and working through joint ventures and engaging in M&A activity. This conference aims to bring together government officials, general counsel and compliance officers from leading global organizations to share strategies and best practices on developing, executing, monitoring and auditing a strong and effective FCPA and anti-corruption compliance program. You will also gain insights on dealing with internal and government investigations, issues stemming from gifts and entertainment of government officials, and on how to develop effective training programs and best practices to compete in emerging countries against organizations not subjected to FCPA.
Producer Info:I would like to thank everyone who has assisted with the research and organization of the event, particularly the speakers for their support and commitment.Shree Rajadurai, [email protected].
8.30 Registration and Morning Coffee
8.50 Chairman's Opening AddressMartin T. Biegelman, CFE, CCEP, Director, Financial Integrity UnitMicrosoft Corporation
9.00 Interactive Panel Discussion
Strategies and Insights in Dealing with Gifts, Entertainment, Hosting, Travelingand Charity Contributions• Creating awareness and educating your employees on understanding the scopeof the term government officials
• Gifts, Meals & Entertainment– Defining "reasonable and customary"– Tracking gifts and entertainment– Developing guidelines on appropriate cost for entertainment
• Charitable contributions– Conducting due diligence to ensure you know who the recipient is
• Best practices for business travel• Global standard vs. regional limits – Which is the best approach?Panelists:Nancy K. Cassidy, Executive Counsel, Textron Inc.
Gail P. Granoff, Chief Compliance and Governance Officer, Dow Advanced Materials The Dow Chemical Company
James Nortz, Compliance Director, Bausch & Lomb
Kevin Espinoza, Executive Director, Global Ethics & Compliance Eurasia Ethics& Compliance OfficerStiefel Laboratories
10.00 Case Study
Conducting Due Diligence for 3rd Parties and Strategies for ContinuousCompliance Monitoring• Identifying and assessing potential liability when engaging third parties commondue diligence procedures
• Determining the appropriate amount of due diligence to conduct on the various types of 3rd parties: e.g., agents, distributors, joint venture partners, freight forwarders
• Addressing and overcoming challenges related to lack of transparency from 3rd parties• Structuring appropriate contractual provisions• Conducting effective training and life cycle compliance monitoring programs • Items to consider if the 3rd party creates red flagsJay Perlman, Director, Daylight Forensic & Advisory
10.45 Morning Coffee and Networking
11.00 Interactive Panel Discussion
Conducting Internal Investigations• Determining whether an internal investigation is necessary and whether to use insideor outside counsel
• Assigning roles and responsibilities during the internal investigation• Understanding privilege and privacy issues• Strategies and tips to conduct an investigation cost effectively• Assessing what to do with the results of an investigation• Key factors to determine if a company should voluntarily disclose to the government– Determining what to disclose and the timing of disclosure– How to prepare for voluntary disclosure?– What documents should be turned in
Moderator:David Wilson, Partner, Thompson Hine
Panelists:Jed Davis, Managing Director, KrollPatricia M. Byrne, Counsel, International and Domestic Compliance, BAE Systems, Inc.Martin T. Biegelman, CFE, CCEP, Director, Financial Integrity Unit, Microsoft Corporation
12.00 Luncheon Sponsored By:
1.00 Case Study
Strategies For Dealing With a Government Investigation• Understanding what to expect during the investigation• Successfully balancing cooperation while maintaining an effective defense• Developing an effective plan to respond– Identifying the relevant people to be contacted internally and externally– Putting together a crisis plan– Preserving information– Providing the relevant documents
• Strategies to protect your business and brand during an investigationJeffrey Eglash, Senior Counsel, Litigation & Legal Policy, GE
ESTABLISHING VENDOR GOVERNANCE & ETHICAL BUSINESS TRANSACTIONS
DEALING AND OVERCOMING CHALLENGES ASSOCIATED WITH INTERNAL & EXTERNAL INVESTIGATIONS
Dow Jones Anti-Corruption is a cost-effective tool for conducting preliminary due diligence on foreign partners, intermediaries, and other third parties. Our database offers comprehensive information on people and entities connected to the government, sanctions and official lists, and seamless access to Factiva.com, an award-winning database of over 20,000 global news sources.
The research-based Ethisphere Institute is a leading international think-tank dedicated to the creation, advancement and sharing of best practices in business ethics, corporate social responsibility, anti-corruption and sustainability. The Institute’s associated membership group, the Ethisphere Council,
is dedicated to the development and advancement of individuals through increased efficiency, innovation, tools, mentoring, advice, and unique career opportunities. Ethisphere Magazine is the quarterly publication of the Institute. More information on the Ethisphere Institute can be found at http://www.ethisphere.org.
WorldCompliance is the leading open source intelligence solution, offering unsurpassed protection from high risk entities by providing the tools to enhance transparency with your organizations compliance needs. Our solutions are used to identify individuals and companies linked to over twenty risk categories. Our database conforms to The Patriot Act and FATF and is verified by the 3rd EU Money Laundering Directive. Learn more at: www.worldcompliance.com
Sponsor Acknowledgements
"Well-organised and efficient means to get perspective on global anti-corruption compliance from all key players."Textron
"Very impressive knowledgeable speakers. High level and very comprehensive conference. Great job! Good job on a well-run, seamless conference." SMART Technologies
"Very enjoyable and informative conference. Efficient and highly organised."Serious Fraud Office (UK)
Testimonials:
Silver Sponsor:
Continuing Legal Education:marcus evans will seek CLE accreditation in those states requested by registrants which have continuing education requirements. To request CLE credit, please indicate in the registration form attached.
The Business Roundtable Institute for Corporate Ethics (www.corporate-ethics.org) is an independent organization operating in partnership with Business Roundtable-an association of chief executive officers of leading corporations-and leading academics from America's best business schools. The Institute brings together leaders from business and academia, enhancing the link between ethical behavior and business.
Silver Media Partner:
Gold Media Partner:
Platinum Media Partner:
Daylight Forensic & Advisory is an international regulatory consulting and investigative firm specializing in financial investigations and forensic accounting, anti-money laundering consulting, regulatory compliance, forensic technology services, healthcare compliance, and fraud risk management. Daylight Forensic'sprofessionals have unparalleled legal, law enforcementand "Big Four" accounting experience, letting the firm address almost any corporate or government investigation. Daylight has three U.S. offices and an EU-compliant electronic discovery lab and office in London from which it serves private and public clientsaround the world. Daylight is EU Safe Harbor Certified. http://www.daylightforensic.com.
Preferred Partners:
Established in 1911, Thompson Hine LLP is a business law firm dedicated to providing superior client service. With 400 lawyers in eight offices, we serve premierbusinesses worldwide. For more information, go to www.ThompsonHine.com
Corporate Risk International (CRI) provides full-service business intelligence and risk management services such as due diligence and anti-corruption investigations that reduce exposure to global risks allowing businesses to seize business opportunities and protect employees/assets. Fraud, corruptionand transparency cost businesses billions each year and increased emphasis on compliance magnifies these risks - www.CorpRsik.com.
Kroll, the world's leading risk consulting company, provides a broad range of investigative, intelligence, financial, security and technology services to help clientsreduce risks and capitalize on opportunities. With offices in 65 cities across 33 countries, Kroll serves a global clientele of law firms, financialinstitutions, corporations, non-profit institutions, government agencies.
Sponsorship Info:Does your company have solutions or technologies that the conference delegates would benefit from knowing? If so, you can find out more about the exhibiting, networking and branding opportunities available by contacting: Chip Heflin, 312 894 6382, [email protected]
World-Check’s global database and risk reduction tools address the full spectrum of risk across all markets and industries. Trusted by more than 3,000 institutions in 162 countries, including over 90% of the world’s largest banks, World-Check offers an end-to-end solution for assessing, managing and remediating financial, regulatory and reputational risks. For more information visit http://www.world-check.com