Historically, no jurisdictions have been able to keep pace with U.S. anti-corruption enforcement. However, beginning with the OECD Anti-Bribery Convention in 1997, multilateral anti-corruption enforcement has spurred countries around the world to implement or enhance and enforce anti-corruption laws of their own. Over the past decade, these global efforts have increased significantly, as has cooperation among governmental authorities seeking to enforce such laws. Recently, Ben Morgan, the co-head of the U.K.’s Serious Fraud Office, announced an intention to seek to impose penalties in U.K. enforcement actions that achieve “parity” with penalties that would have been imposed in a U.S. enforcement action. A significant challenge for multinational companies in recent years has been keeping pace with the changing regulatory landscape.
Given this context, it is essential for companies to gain a deeper understanding of global anti-corruption laws and enforcement trends. In addition, as laws and enforcement trends evolve, so do best practices. Companies are well-advised to understand best practices pertaining to the investigation of potential corruption issues and the development of risk-based compliance programs that prevent corruption.
In this course, two Dechert partners with significant prosecutorial and defense experience explore the difficult area of Foreign Corrupt Practices Act/international enforcement actions. There is a significant emphasis on how to conduct investigations and to develop critical strategic considerations essential to success in a complex and highly regulated international climate.
Michael J. Gilbert represents individuals and companies in internal investigations as well as matters being investigated by a range of enforcement authorities including the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the Enforcement Division of the Securities and Exchange Commission, the New York Attorney General’s Office, the New York City Department of Investigation, the Manhattan District Attorney’s Office and other enforcement authorities.
He is a former Assistant U.S. Attorney for the Southern District of New York where he investigated, prosecuted and conducted jury trials in cases involving a wide variety of white collar criminal matters, including mail and wire fraud, embezzlement, bribery, health care fraud and violations of the Foreign Corrupt Practices Act (FCPA).
Mr. Gilbert has extensive experience with FCPA matters. He has represented numerous individuals and companies in connection with FCPA investigations. He is regularly consulted about FCPA issues in the context of business transactions such as potential mergers and acquisitions. He has published articles about the FCPA in publications such as the National Law Journal, Hedge Fund Law Reporter and the FCPA Law Reporter and presented at various conferences and seminars.
In addition to his work on FCPA matters, Mr. Gilbert has significant experience representing foreign individuals and entities dealing with U.S. regulators and/or litigation matters. These matters have included insider trading investigations, alleged market manipulation and defamation actions. Among his successful representations, he obtained a complete dismissal of a federal criminal indictment in the United States of a Mexican national who had been charged with money laundering. He also has represented U.S. individuals and entities in connection with matters under investigation by enforcement authorities in other countries, including Canada, Hong Kong, the United Kingdom and Luxembourg.
Mr. Gilbert also has a focus defending matters involving seizure of assets and forfeiture actions by the U.S. Department of Justice and money laundering allegations. He has repeatedly assisted clients in obtaining the return of funds frozen by law enforcement.
Robert J. Jossen is the past Chair of Dechert’s global litigation practice. A Fellow of the American College of Trial Lawyers, Mr. Jossen has tried to verdict more than 40 cases, including numerous non-jury trials and arbitrations in courts and forums throughout the United States. In addition, he has handled many preliminary injunctions and other hearings, and has represented clients in matters before the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the New York Stock Exchange, FINRA, and other federal and state regulatory bodies. Mr. Jossen focuses on complex commercial litigation, securities and white collar criminal defense, and legal ethics.
Prior to entering private practice, Mr. Jossen was Chief Appellate Attorney in the U.S. Attorney’s Office for the Southern District of New York and earlier an Assistant U.S. Attorney. He began his legal career as a law clerk for the Honorable Marvin E. Frankel of the U.S. District Court for the Southern District of New York.
Mr. Jossen has been consistently ranked as a leading lawyer for white- collar crime and government investigation in Chambers USA, a referral guide to leading lawyers in the United States based on the opinions of their peers and clients, raving that he is "very knowledgeable, has a great sense of strategy and is really good at looking down the road and seeing how the case will proceed." Mr. Jossen has been recognized for his white-collar criminal defense practice by The Legal 500 US, which praised his "ability to advise clients, address client needs and manage litigation." He is also regularly listed by The Best Lawyers in America for bet-the- company litigation, commercial litigation and white-collar criminal defense. Benchmark Litigation has regularly recognized Mr. Jossen as a “Litigation Star” for his white-collar criminal defense and general commercial litigation practices, and in 2014 applauded him for being “highly regarded among peers.” Mr. Jossen has also been named to Global Investigations Review’s list of “Who’s Who Legal Investigations 2015,” and has been listed for more than 20 years as one of the best commercial and white collar criminal defense litigators in the country in the Best Lawyers in America.
Well organized and presented. Nice job
great practical advice and investigation instructions
This was another excellent program!
Very interesting topic which sets forth guidelines about issues of which I was previously unaware.
Very good course
Excellent-- good practical examples.
As former senior global compliance counsel for a major international public company, I found the presentation to be exceptionally good especially given the short time limitation thereof. Very well done overview of an exceptionally complicated and often somewhat gray area of the law.
Best Compliance Class thus far at Law Line - great quality as expected from Dechert.
great course -
great overview and to the point.
Great job, loved the format, great materials.
Excellent presentation by well-versed counsel.
These gentlemen make a wonderful team. I would highly recommend this presentation.
Very informative and timely.
Presentation was excellent!
TRULY WELL INFORMED PRESENTERS. EXCELLENT AND HELPFUL PROGRAM! THANK YOU!
Very thorough, interesting program.
Great, informative course. The presenters were very interesting and kept a nice pace.
These two are excellent and work very well together.