Foreign Corrupt Practices Act Compliance Guidebook Protecting Your Organization from Bribery and Corruption

by Biegelman, Martin T.; Biegelman, Daniel R.

• ISBN13: 9780470527931
• ISBN10: 0470527935
• Edition: 1st
• Format: Hardcover
• Copyright: 2010-04-26
• Publisher: Wiley

Summary

Praise for Foreign Corrupt Practices Act Compliance Guidebook: Protecting Your Organization from Bribery and Corruption"This book is a must for lawyers and any corporation that deals with global commerce. The chapter on Siemens shows how a large multinational can respond and reform under intense scrutiny. The Siemens chapter also represents reform and transparency and will be seen as a model for a very long time." -Michael G. Oxley, Of Counsel, Baker and Hostetler LLP"An excellent FCPA guidebook! The Biegelmans' book makes it easy to understand the FCPA and includes fascinating case studies and interviews with compliance thought leaders. It should be required reading and a desktop reference for anyone committed to the fight against worldwide corruption or interested in creating a best practice anti-corruption compliance program." -Cynthia Cooper, CEO, The CooperGroup LLC, and one of Time magazine's Persons of the Year"Foreign Corrupt Practices Act Compliance Guidebook is an excellent and easy-to-use resource for companies doing business abroad. The book is full of practical guidance and compiles in one place an overview of the many issues a company and its counsel may face in effecting compliance and dealing with investigations. A must-read!"-Karen A. Popp, Partner at Sidley Austin LLP, former federal prosecutor, and Associate White House Counsel to President Clinton"This book provides a highly relevant and invaluable guide for companies wishing to protect their assets and reputations from the menace of corruption. In addition to presenting a comprehensive discussion of the history, requirements, and importance of the FCPA, Martin and Daniel Biegelman offer insightful, in-depth examples and clear, practical guidance on compliance." -James D. Ratley, CFE, President, Association of Certified Fraud Examiners"Everyone in the compliance community will find what they need in this great new resource. It demystifies the FCPA and what it requires. The writing is crisp and lively, the examples and case studies are vivid and succinct, and the advice is rock solid. This is the best overall presentation of the FCPA between two covers that I have ever seen." -Richard L. Cassin, Founding Partner, Cassin Law LLC, and creator of the widely read FCPA Blog"Foreign Corrupt Practices Act Compliance Guidebook is a brilliant and crucial addition to FCPA literature. Any American company doing business overseas needs a copy. This will be a standard reference for many years." -Mark A. Kirsch, Co-Chair of Litigation, Gibson, Dunn & Crutcher LLP

Author Biography

MARTIN T. BIEGELMAN has been fighting fraud and corruption for more than thirty-five years in various roles in law enforcement, consulting, and the corporate sector. He is currently Director of Financial Integrity for Microsoft Corporation, where he built and leads a worldwide fraud prevention and anti-corruption program. He is the author or coauthor of several books including Building a World-Class Compliance Program, Executive Roadmap to Fraud Prevention and Internal Control, and Identity Theft Handbook, all from Wiley.

DANIEL R. BIEGELMAN is an attorney with the law firm of Baker Hostetler. He is a member of the Litigation Practice Group in their New York office. Daniel is a Certified Compliance and Ethics Professional and a member of the Society of Corporate Compliance and Ethics. He is a contributing author to Building a World-Class Compliance Program: Best Practices and Strategies for Success (Wiley). He is also the author of articles on the FCPA and corporate compliance.

Table of Contents

Foreword

Preface

Acknowledgments

Bribery, Corruption, and the FCPA

Global Crackdown

Devastating Cost of Corruption

Government's Commitment to FCPA Enforcement

Watergate and the Birth of the FCPA

SEC Enters the Fight

Senate Investigations

Kissinger's Resistance

Lockheed's Defiance

Questionable Corporate Payments Task Force

FCPA Enactment

Criticism of the FCPA

A Culture of Compliance

Notes

Overview of the Foreign Corrupt Practices Act

FCPA Provisions

Leveling the Playing Field

Antibribery Provisions

Books, Records, and Internal Controls Provision

Sarbanes-Oxley and the FCPA

Opinion Procedure

Penalties

Third-Party and Successor Liability

Why Corruption Matters

Increased Enforcement

Notes

Government Guidance and Significant Cases

Filip Memorandum

FCPA Compliance Programs: Case Law Guidance

Cold Cash: U.S. v. Jefferson

Voluntary Disclosure

Evaluating the Seaboard Criteria in Mitigating Enforcement Actions

Selecting a Monitor: The Morford Memo Standards

Government Procurement Fraud and the FCPA

Notes

Global Anti-Corruption Efforts

Globalization of Law Enforcement Cooperation

International Anti-Bribery Efforts

International Anti-Corruption Organizations

Global Anti-Corruption Enforcement Trends

The Good Fight Against Corruption

Notes

Siemens: a New Commitment to a Culture of Compliance

Company Overview and History

The Road to Corruption

Munich Public Prosecutor's Office Investigation

Self-Disclosure and Subsequent Internal Investigation

Criminal Charges, Plea Agreements, and Fines

New Corporate Compliance Program

Corporate Compliance Monitor

Siemens' Remedial Efforts

Partnering with the World's Anti-Corruption Community

The Road Forward

Notes

Worldwide Hotspots for Corruption: UK, Russia, Africa, the Middle East, and Latin America

Overview

The Natural Resource-Corruption Link

UK Tackles International Corruption

Russia

Africa

Middle East

Latin America

Notes

Worldwide Hotspots for Corruption and Bribery: China, Central Asia, India, and Asia Pacific

China

Heightened Anti-Corruption Enforcement Efforts in China

China Enforcement Agencies

The Dangers of Doing Business in China

Central Asia

India

Asia Pacific

Notes

BAE Systems: Past Behavior Haunts the Company

Al Yamamah Deal

FBI Scrutiny

BAE's Denial

Serious Fraud Office Inquiry

Tony Blair Quashes the Investigation

DOJ's Hard-Line Approach

BAE Response

Woolf Committee

BAE Follows a Different Path

Notes

Designing an Effective Anti-Corruption Compliance Program

Federal Sentencing Guidelines for Organizations

The Seven Steps to an Effective Compliance Program

DOJ Guidance on Anti-Corruption Compliance Programs

Compliance Program Design

Red Flags and Risk Areas

Anti-Corruption Design Never Ends

Notes

Implementing an Effective Anti-Corruption Compliance Program

Tone at the Top

Anti-Corruption Standards and Procedures

Training and Communication

M&A Due Diligence

Risk Assessments

Internal Accounting Controls

Other Compliance Program Best Practices

Commitment to Anti-Corruption Compliance Programs

Notes

Monsanto: Fighting Corruption for a Better World

A Commitment to Agriculture

DOJ and SEC FCPA Investigation

Acceptance of Responsibility and Remedial Actions

Tone at the Top and a Revamped Code of Conduct

Business Conduct Office

Training

Regional Working Groups

FCPA Working Group Guidelines

Gifts, Entertainment, and Other Promotional Expenditures

Per Diem Payments

Facilitating Payments

Political Donations

Charitable Donations and Donations to Governments

Trade Associations

Doing Business with Foreign Officials and Their Relatives

Dealing with Third Parties

Joint Ventures

Audit

Opinion from Outside Counsel

Local Law Advice

Response to Possible Violations

Internal and Independent Investigations

Internal Coordination and Training

The Monsanto Pledge

Notes

Internal Investigations

Consequences of Failing to Act

Preparing for the Investigation

Preserving Documentary and Electronic Information

Assembling the Investigative Team

Investigative Plan

Conducting Interviews

Determining Systemic Corruption and FCPA Violations

Self-Disclosure of FCPA Violations

Compliance Emergency Preparedness Kit

Notes

Past, Present, and Future of the FCPA

The Past

The Present

The Future

Notes

Appendix Opinion Procedure Releases

About the Authors

Index

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