FCPA Year in Review

(271 Ratings)

Produced on: October 05, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

This class, presented by Gibson Dunn partner Lee Dunst, will provide guidance for companies doing business internationally on the latest anti-corruption-related developments, including enforcement actions under the Foreign Corrupt Practices Act (FCPA) and other global anti-corruption laws. Recent enforcement activity under the FCPA will be discussed, as well as the Department of Justice's (DOJ) Pilot program and the Securities and Exchange Commission’s (SEC) whistleblower program. The FCPA was a top priority in 2016, which ended as a precedent-setting year for the FCPA. The DOJ and SEC brought the highest number of enforcement actions, resulting in a significant year of enforcement. This increase in enforcement activity continued into early 2017 in the final days of the Obama administration. The agencies’ priorities for 2017 under the Trump Administration will also be covered.

Topics to be discussed include overview of the FCPA statute; recent trends in enforcement, including increased resources, focus on individuals, key geographic areas, DOJ Pilot program, and SEC whistleblower program; renewed enforcement focus on financial services and pharma; recent legal developments; and observations regarding the Trump Administration’s approach to the FCPA.


Learning Objectives:

  1. Understand the latest anti-corruption-related developments and enforcement activity in 2016 and the DOJ and SEC’s priorities in 2017
  2. Identify the impact of these developments and trends
  3. Analyze the implications for increased reporting under the SEC whistleblower program and the DOJ’s FCPA pilot program


Faculty

Lee Dunst

Gibson, Dunn & Crutcher LLP

Lee G. Dunst is a litigation partner in the New York office of Gibson, Dunn & Crutcher. Mr. Dunst is a member of Gibson Dunn’s White Collar Defense and Investigations Practice Group.  His practice covers a wide range of government investigations and white-collar criminal and regulatory matters, as well as general commercial litigation, including securities class action cases, accountants’ liability cases, and general business matters.  Mr. Dunst’s extensive experience includes white collar criminal and regulatory investigations on behalf of numerous clients across the globe, including Fortune 500 companies, accounting firms, corporate executives, and special board committees.  Mr. Dunst has a particular focus on matters involving the Foreign Corrupt Practices Act (“FCPA”), including investigations of alleged violations and general compliance advice and evaluations.  Additionally, he regularly represents major accounting firms in connection with regulatory investigations of complex accounting and audit issues. 

Mr. Dunst has been recognized in The Legal 500 US for his work in connection with Gibson Dunn’s White Collar Defense and Investigations practice.  The publication has described Mr. Dunst as “knowledgeable and responsive,” and noted that he “provides a broad range of expertise and regularly advises clients accused of corporate fraud and alleged accounting irregularities, as well as FCPA violations.”  Recently, he was named a “Litigation Star” and “Local Litigation Star” by Benchmark Litigation in its 2017 edition, which noted that he has “been responsible for a lot of big investigations.” Mr. Dunst also speaks and writes extensively on white collar regulatory issues, as well as matters concerning civil commercial litigation.  He also serves as an Adviser to the American Law Institute’s Principles of the Law of Compliance Enforcement & Risk Management project.

He has represented various corporations, accounting firms and individual clients in connection with white collar criminal investigations by federal and state prosecutors (including the Department of Justice and the Manhattan District Attorney’s Office), as well as civil investigations by the Securities and Exchange Commission, the New York Attorney General’s office, the Financial Industry Regulatory Authority, the Public Company Accounting Board and various state regulators.  His cases have included the representation of senior business executives and corporate entities in connection with criminal and regulatory investigations of various types of alleged corporate fraud, whistleblower allegations, and alleged accounting irregularities, as well as alleged violations of the FCPA.  He also has conducted numerous internal investigations of alleged misconduct at many United States and international companies and personally has traveled to nearly twenty countries on five continents for these investigations.  Notably, Mr. Dunst has served in major leadership roles in the FCPA compliance monitorships of Statoil ASA and Alliance One International.

Mr. Dunst also has been involved extensively in the successful defense of several securities class action lawsuits filed against major accounting firms, underwriters, and corporate executives in federal and state courts in New York, New Jersey, Connecticut and Maryland.  He also has defended members of boards of directors in several litigations relating to their performance of their fiduciary duties as board members.

Prior to joining the Firm, Mr. Dunst served as an Assistant United States Attorney in the Eastern District of New York from 1995 through 2000, and was involved in a series of significant criminal investigations and prosecutions.  He led the investigation and prosecution of an international money laundering organization that operated in the United States and Switzerland, resulting in numerous convictions and the imposition of financial penalties of nearly $10 million, which he successfully defended upon appeal to the United States Court of Appeals for the Second Circuit.  In another case, Mr. Dunst received the Director’s Award for Superior Performance from the Department of Justice for the successful prosecution of an insurance fraud scheme that resulted in the payment of $20 million in restitution.  During his tenure with the U.S. Attorney’s Office, Mr. Dunst also served as the Deputy Chief of the Narcotics Section and was widely quoted in the national and international media, including The New York Times, The Washington Post, Los Angeles Times and The Times of London.

Mr. Dunst has served on the United States Court of Appeals for the Second Circuit Pro Bono Panel and was appointed to represent pro se plaintiffs for purposes of several appeals to the Second Circuit.  He is a member of the Board of Trustees of Democracy Prep Charter School, which has been ranked as one of the leading public schools in New York City.  Mr. Dunst also serves on the Advisory Board of the Mount Sinai Adolescent Health Center, which is the first primary-care program in New York City specifically designed for the health needs of adolescents.   

Mr. Dunst graduated magna cum laude from Brown University in 1986 and cum laude from New York University School of Law in 1992.  Following law school, Mr. Dunst clerked for the Honorable Reena Raggi, then of the U.S. District Court for the Eastern District of New York and now on the United States Court of Appeals for the Second Circuit.


Reviews

SK
Shelley K.

Very pertinent to my work and helpful to have this update. Thanks!

TO
T. O.

This is the finest LAWLINE MCLE Program I have ever taken. Lee Dunst has given legal practitioners in the international field of law a review which is correct, clear, complete and concise. Thank you Mr. Dunst and thank you LAWLINE! T. Rodney Oppmann, Esq., Alexandria, VA 12-28-17

GG
Gal G.

Great class.

GP
Georgian P.

Great program! Speaker was very knowledgeable! Interesting and informative topic! Extremely helpful course!

GC
George C.

Not my area of expertise. Just wanted to learn about an area that I had heard about and thought might be interesting.

JH
Jackie H.

Good program. Assumes basic knowledge of Foreign Corrupt Practices Act.

JH
Joseph H.

Good speaker

MC
Mollie C.

Well done. Very interesting.

CL
Chase L.

great course

JT
John T.

Excellent presentation!

EF
Elizabeth F.

Lee Dunst is top notch.

MP
Marc P.

Good hour of time

JG
John G.

Great course, great moderator!

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