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Foreign Corrupt Practices Act MARCH 26 & 27, 2008 | Bridgewaters - At Historic South Street Seaport | New York, NY 19TH NATIONAL CONFERENCE FOREIGN CORRUPT PRACTICES ACT THE PREMIER LEGAL & REGULATORY ANTI-CORRUPTION COMPLIANCE EVENT ENFORCEMENT UPDATE CRUCIAL IN-HOUSE INSIGHTS FROM Mark F. Mendelsohn AAI Corporation Flextronics Morgan Stanley Deputy Chief Fraud Section, Criminal Division Alcoa General Electric Pride International U.S. Department of Justice Amgen Honeywell Raytheon International Anadarko Petroleum Tyco International Fredric D. Firestone ITT Associate Director Baker Hughes Vetco Gray Lockheed Martin Division of Enforcement Citigroup U.S. Securities and Exchange Commission Nicola Bonucci Get “must-have” insights from senior industry executives, FCPA attorneys Director of Legal Affairs and government officials on: OECD • SEC and DOJ enforcement priorities and how latest cases in the U.S. Jean-Bernard Schmid and abroad affect compliance programs Deputy Prosecutor General (Switzerland) • How to conduct effective global investigations and overcome conflicting local laws and traditions Renaud Van Ruymbeke • Pros and cons of voluntary disclosures and how the government evaluates them Investigating Magistrate (France) • Enhancing the internal audit function to detect FCPA violations • Conducting pre-merger/pre-IPO due diligence EXCLUSIVE WORKSHOPS — • Minimizing liability risks when dealing with foreign third parties MARCH 25 & 28, 2008 • Avoiding gifts, hospitality and facilitation pitfalls A The Fundamentals of FCPA • Appointing and working with compliance monitors Compliance: The Foreign Corrupt • Implementing a global anti-corruption compliance program Practices Act Demystified • Combining anti-money laundering and FCPA controls to reduce risk EARN CLE B Conducting an Effective FCPA ETHICS Compliance Assessment PRINCIPAL SPONSOR: CREDITS C Overcoming FCPA Compliance Issues in Nigeria SUPPORTING ASSOCIATIONS: MEDIA PARTNER: D Overcoming FCPA Compliance Challenges in Russia and the CIS TRANSPARENCY INTERNATIONAL CANADA INC. Register Now • 888-224-2480 • AmericanConference.com/FCPA Do not miss the FCPA event that everyone is talking about 19TH NATIONAL CONFERENCE FOREIGN CORRUPT PRACTICES ACT An FCPA enforcement explosion is reaching across of seasoned corporate FCPA compliance executives, get an industries and around the globe. 2007 has produced both update on enforcement and policy initiatives from top the largest criminal fine and the largest combined sanction Government officials and FCPA attorneys, and learn how ever imposed for violations of the FCPA. Recent industry is setting up internal controls to comply in this settlements of FCPA actions have resulted in heavy civil constantly changing global legal landscape. This year’s and criminal penalties for both individuals and corporate agenda will include the latest information on: offenders, disgorgement of profits and, increasingly, the imposition of independent monitors. Foreign • Changes you need to make to your compliance governments, primarily in Europe, are also cracking down program as a result of recent cases against companies on corruption and actively cooperating with US and individuals enforcement officials. Companies today face not only FCPA enforcement actions in the United States, but the • How government agencies evaluate voluntary disclosures possibility of enforcement actions in other jurisdictions as well. • Harmonizing U.S. and foreign anti-corruption compliance obligations The increase of FCPA enforcement makes prevention an even higher priority than it may have been in the past. • How to design and implement due diligence The absence of preventative measure is almost certain to for a prospective foreign third party relationship result in substantially increased penalties if an issue arises. This makes an effective anti-corruption compliance • What to look for in a target's anti-corruption compliance program essential for all companies. With record-setting sanctions involving well-known companies, global • Managing the PR impact of an investigation organizations have to reassess their own anti-corruption or voluntary disclosure measures to prevent lapses that might lead to damaging and costly enforcement actions. • How to incorporate robust FCPA auditing into your compliance program Now in its 19th successful year, the American Conference Institute's National Conference on the Last event in November 2007 was the largest turnout FOREIGN CORRUPT PRACTICES ACT is the event ever for this conference. Be sure to register early by that corporate counsel, compliance officers, outside calling 1-888-224-2480, by faxing your registration counsel and consultants rely on for comprehensive, form to 1-877-927-1563 or by registering online at insightful, and practical guidance on critical FCPA www.AmericanConference.com/FCPA. compliance issues. Benefit from the practical perspective A Must-Attend Event for CONTINUING LEGAL EDUCATION CREDITS Accreditation will be sought in those jurisdictions requested • Vice Presidents and Directors • Compliance Officers by the registrants which have continuing education EARN CLE - Global Compliance • Ethics Officers requirements. This transitional course is appropriate for both experienced and newly admitted attorneys. ETHICS - Business Conduct • Outside Counsel specializing in CREDITS ACI certifies that the activity has been approved for CLE and Investigations - International Trade credit by the New York State Continuing Legal Education Board in the - Internal/Corporate Audit - Corporate Compliance amount of the 16.5 (2.5 ethics). An additional 4.0 credit hours will apply to workshop either A, B, C, or D workshop participation. - Corporate Responsibility - White Collar Crime ACI certifies that this activity has been approved for CLE credit by the - Regulatory Compliance - Internal Investigations State Bar of California in the amount of 14.0 (2.25 ethics). An additional • General Counsel 3.5 credit hours will apply to workshop either A, B, C, or D workshop • International Contract Managers participation. • International Counsel • Forensic Auditors ACI has a dedicated team who process requests for state approval. Please • Trade Counsel note that event accreditation varies by state and ACI will make every effort to process your request. Register now: 888-224-2480 • Fax: 877-927-1563 • AmericanConference.com/FCPA WEDNESDAY, MARCH 26, 2008 Frederic R. Miller Partner, Investigations and Forensic Services PricewaterhouseCoopers 7:30 Continental Breakfast and Registration Q • When, how, and by whom should the global investigation be conducted? 8:30 Opening Remarks from the Chair • How a country’s reputation for corruption should affect the investigation Homer E. Moyer, Jr. • Navigating local privacy and data protection laws • How to conduct a global investigation cost-effectively Miller & Chevalier • Assessing foreign official involvement – role, local law, recusals, disclosures 8:45 The FCPA Year in Review: Trends • Family or business relationships with foreign officials – when is it too close? in FCPA Enforcement and How • How to judge whether compensation is excessive – value of They Impact Compliance Programs services and of contract, dry holes, going rate/comparables? • Analyzing methods of payment Mark F. Mendelsohn • How much is enough in trying to learn the facts? Deputy Chief, Fraud Section Criminal Division, U.S. Department of Justice 12:45 Networking Luncheon for Delegates and Speakers Fredric D. Firestone Associate Director, Division of Enforcement U.S. Securities and Exchange Commission 2:00 International Enforcement: Prosecutors Speak on Anti-Corruption Enforcement Explosion Danforth Newcomb in Europe and What Makes a Good Case Shearman & Sterling Mark Mendelsohn Peter Clark – Panel Moderator Deputy Chief, Fraud Section Cadwalader Wickersham & Taft Criminal Division, U.S. Department of Justice • Standards for deciding whether violations have occurred • How the SEC and DOJ assess the scope and magnitude Jean-Bernard Schmid of violations Deputy Prosecutor General • Deciding whether a case is criminal or civil Republic and Canton of Geneva (Switzerland) • Interagency coordination • Aggravating and mitigating factors Renaud Van Ruymbeke Investigating Magistrate 10:15 Networking Coffee Break Q Tribunal de Grande Instance de Paris (France) 10:30 Appointing and Working with Compliance Bruce E. Yannett Monitors: Lessons Learned from Recent Monitorships Debevoise & Plimpton Nicola Bonucci – Panel Moderator Gregory S. Bruch Director of Legal Affairs Foley & Lardner Organisation for Economic Co-Operation and Development (France) Stephen Fishbein Shearman and Sterling • Trends in international cooperation among enforcement officials • Differences among countries’ adoption of OECD Convention • What is the role of a Monitor: a compliance guardian • Analysis of recent cases against companies and individuals or a company-financed probation officer? • Use of anti-money laundering laws to pursue corruption cases • Negotiating the scope of the Monitor's workplan • The extraterritorial application of European laws • Assessing the costs of a Monitor • Compliance monitors in a European context • Establishing an effective working relationship with a Monitor • Best practices for managing a foreign government investigation • Who monitors the Monitor? • The effect of monitorship on privilege and work product 3:15 Refreshment Break 11:30 Conducting a Global Investigation: How to 3:30 The Limits of Permissible Payments: Business Overcome Barriers to Information Gathering
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