FCPA Enforcement Trends & Predictions (2017 Update)

(462 Ratings)

Produced on: January 12, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 92 minutes
Difficulty Advanced

This seminar provides an overview of recent developments and trends in Foreign Corrupt Practices Act (FCPA) anti-bribery enforcement. Jay Holtmeier and Erin Sloane analyze noteworthy developments and highlight what these developments suggest about the priorities of the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).

Looking at recent FCPA resolutions, Mr. Holtmeier and Ms. Sloane discuss recent enforcement trends such as the DOJ’s renewed focus on pursuing individuals, the rise in aggregate monetary penalties imposed on companies, a continued focus on third parties, and increased cross-border cooperation. The speakers also provide their observations regarding recent case law developments, notable settlements, and resolutions through the DOJ’s new voluntary disclosure pilot program. Ms. Sloane and Mr. Holtmeier close the discussion with predictions as to what these trends might mean for voluntary disclosures, investigations, and corporate compliance over the next few years. 


Learning Objectives: 
  1. Understand recent developments in anti-bribery enforcement actions, and recent FCPA case law developments
  2. Understand what these trends suggest about DOJ and SEC priorities and enforcement strategies moving forward
  3. Understand what companies can do to bolster their compliance programs to mitigate anti-corruption risks and how companies can handle FCPA issues when they arise

Faculty

Erin G.H. Sloane

WilmerHale

Erin Sloane's practice focuses on government and internal investigations and white collar criminal matters, with a concentration on Foreign Corrupt Practices Act and international anti-corruption issues. She has had many victories in complex and high-profile investigations involving financial and accounting fraud, insider trading, and Foreign Corrupt Practices Act (FCPA) violations, representing both institutions and individuals in government investigations and prosecutions.

Ms. Sloane also regularly counsels clients on challenging FCPA issues in numerous business contexts, including the development and implementation of effective anti-corruption compliance programs and corruption-related considerations in cross-border mergers, joint ventures and acquisitions. 

Before joining the firm, Ms. Sloane clerked for The Honorable Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit.

Jay Holtmeier

WilmerHale

Jay Holtmeier is a partner in the firm's Litigation/Controversy Department, and a member of the Investigations and Criminal Litigation Practice Group, the Foreign Corrupt Practices Act and Anti-Corruption Group and the Dodd-Frank Whistleblower Working Group. He joined the firm in 2004.

 

Practice

Mr. Holtmeier’s breadth of experience as a litigator includes service as a federal prosecutor, a senior in-house attorney and a lawyer in private practice. Mr. Holtmeier represents institutions and individuals in complex government and internal investigations and matters of corporate governance and compliance. He has particular expertise in matters involving the Foreign Corrupt Practices Act (FCPA). 

In FCPA matters, Mr. Holtmeier has represented clients in government and internal investigations involving conduct in Europe, Asia, the Middle East, Africa, Latin America and Australia. He regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and he has assisted clients in numerous industries in developing and implementing FCPA compliance programs. He devotes substantial attention to advising clients on FCPA problems that arise in the context of mergers and acquisitions, joint ventures and other corporate transactions. He writes and speaks extensively on the subject and is a co-author, with partners Roger Witten and Kimberly Parker, of the leading treatise in the field, Complying with the Foreign Corrupt Practices Act (8th ed. 2013). 

As a senior vice president and principal legal counsel with the Reuters Group, Mr. Holtmeier was responsible for all litigation and compliance matters in North and South America. As an assistant US Attorney for the Southern District of New York, he tried several cases to verdict and led extensive grand jury investigations of various crimes, including racketeering, securities fraud, murder, narcotics and counterfeiting. Significant prosecutions included United States v. Jose Muyet, et al., and United States v. Ronald Ocasio, et al., related cases involving more than twenty murders, for which Mr. Holtmeier received the Director’s Award for Superior Performance from the Executive Office for US Attorneys, and United States v. Carol Bayless, which received national attention and calls for the impeachment of the presiding US District Judge.

Reviews

JB
Jamey B.

Well-balanced presentation of FCPA update.

MT
Michael T.

Great course!

CH
Catherine H.

interesting presentation - both presenters were clear & had a nice manner about them and also very knowledgeable about the subject matter - thanks very much to them for taking the time

PW
Peter W.

good presentation well done

TS
Timothy S.

Running in Ireland and finishing cle... awesome

PM
Peter M.

Terrific speakers. Very knowledgeable. Thnks

AL
Andrea J L.

Both lecturers were well informed, well organized and totally focused on passing along exactly the type of information I was interested in learning.

JH
James H.

Enjoyed the class

CR
Charles R.

excellent presentation.

RH
Richard E H.

Superbly laid out and delivered. Very helpful indeed.

RS
Robert S.

good course

DS
Donna S.

Summarized in a clear and concise manner. Extremely interesting.

LS
Larry S.

Very interesting & well done.

BS
Benjamin S.

Thank you!

SO
Sean O.

Good to know that DOJ has continued the FCPA Pilot Program. This CLE turned out to be very timely, politically-speaking. Highly recommend!

DN
Doris N.

Full of good information and well-presented.

CR
Charles R.

These guys know their stuff. Enjoyable and good.

JT
James T.

Excellent

JB
Julie A. B.

A practical synopsis of recent developments and trends in Foreign Corrupt Practices Act (FCPA) anti-bribery enforcement fittingly punctuated with case law. The speakers adeptly examine noteworthy developments and, appreciatively, share their observations vis-à-vis case law, settlements, and resolutions through the DOJ’s new voluntary disclosure pilot program. The presentation confidently concludes with predictions concerning the influence of FCPA enforcement trends on voluntary disclosures, investigations, and corporate compliance over the coming years.

QB
Quietta B.

Thanks!

WT
Walter T.

Thanks.

MK
Mary K.

Excellent presenters.

KB
ken b.

really good one

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