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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

Foreword
Preface
Acknowledgments
Bribery, Corruption, and The Foreign Corrupt Practices Act
Global Crackdown
Devastating Cost of Corruption
Government's Commitment to FCPA Enforcement
FBI's Laser Focus on Anti-Corruption
Watergate and the Birth of the FCPA
Securities and Exchange Commission Enters the Fight
Senate Investigations
Kissinger's Resistance
Lockheed's Defiance
Questionable Corporate Payments Task Force
FCPA Enactment
First FCPA Prosecution
Criticism of the FCPA
A Culture of Compliance
Overview of The Foreign Corrupt Practices Act
FCPA Provisions
Leveling the Playing Field
Antibribery Provisions
Jurisdiction
Facilitating Payments
Affirmative Defenses
FCPA Elements Summary
Metcalf and Eddy Civil FCPA Settlement
Books, Records, and Internal Controls Provision
Books and Records Elements Summary
Sarbanes-Oxley and the FCPA
Opinion Procedure
Penalties
Third-Party and Successor Liability
Self-Disclosure Follows M&A Activity
Why Corruption Matters
Afghanistan: A Case Study in Corruption
Increased Enforcement
Government Guidance and Significant Cases
Filip Memorandum
FCPA Compliance Programs: Case Law Guidance
A Lesson in Overseas Compliance
Rogue Employee Does the Crime, Company Does the Time
Cold Cash: U.S. v. Jefferson
Voluntary Disclosure
Evaluating the Seaboard Criteria in Mitigating Enforcement Actions
Appointment of Corporate Monitor Results in Charges of Cronyism
Selecting a Monitor: The Morford Memo Standards
Thought Leader in Corporate Compliance: George Stamboulidis
Government Procurement Fraud and the FCPA
Federal Acquisition Regulations Disclosure Requirements and the FCPA
Business Ethics Awareness and Compliance Program
Global Anti-Corruption Efforts
Globalization of Law Enforcement Cooperation
International Antibribery Efforts
OECD Convention on Combating Bribery
Inter-American Convention Against Corruption
European Union Convention on the Fight Against Corruption
African Union Convention on Preventing and Combating Corruption
Council of Europe Criminal Law Convention on Corruption
United Nations Convention Against Corruption
United Nations Global Compact
Canada's Corruption of Foreign Public Officials Act
Interpol Fights Corruption
International Anti-Corruption Organizations
Transparency International
Corruption Perceptions Index
2009 Corruption Perceptions Index: Top 20 Countries
2009 Corruption Perceptions Index: Bottom 20 Countries
Other Transparency International Resources
Foreign Bribery Enforcement in OECD Convention Countries
Foreign Bribery Cases and Investigations
Status of Foreign Bribery Cases
World Bank
International Monetary Fund
Asian Development Bank
World Trade Organization
Partnering Against Corruption Initiative
Thought Leader in Corporate Compliance: Alan Boeckmann
Global Anti-Corruption Enforcement Trends
The Good Fight Against Corruption
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
Legal and Fair Internal Investigation
Project Office Compliance Investigation
Amnesty and Leniency Programs
Cooperation with Law Enforcement
Compliance Comeback
Criminal Charges, Plea Agreements, and Fines
Key Elements of Siemens' Compliance Program: Prevent-Detect-Respond
New Corporate Compliance Program
Corporate Compliance Monitor
Siemens' Remedial Efforts
Replacement of Top Management
Comparison of Old and New Compliance Programs
Clear Reporting Lines
Training and Communication
Anti-Corruption Training Program
Anti-Corruption Handbook
Ombudsman Program
Strengthened Internal Audit Function
Enhancing Internal Controls
Enhanced Policies and Procedures
Enhancement of Policies and Procedures
Compliance Helpdesk
Anti-Corruption Toolkit
Siemens' Anti-Corruption Toolkit Focus Areas
Business Partner Review and Approval
Supplier Code of Conduct
Business Partner Review and Approval Process
Corporate Disciplinary Committee
Compliance Element of Senior Management Compensation
Compliance Progress Report
Siemens' Compliance Progress Report from Q2 FY 2009
Becoming a Recognized Leader in Compliance
Siemens' Compliance Objectives for 2009
Partnering with the World's Anti-Corruption Community
Partnering Against Corruption Initiative
Business Guide on Fighting Corruption
The Road Forward
Worldwide Hotspots for Corruption: UK, Russia, Africa, The Middle East, and Latin America
Overview
Thought Leader in FCPA Compliance: Scott Moritz
The Natural Resource-Corruption Link
UK Tackles International Corruption
Weak Internal Controls Leads to Fine for Insurance Giant
UK Bribery Bill
Mabey & Johnson Prosecution
Strong Message from the SFO
Russia
Doing Business in Russia
Africa
Nigeria
Middle East
The Oil-for-Food Scandal
Companies Implicated in Oil-for-Food Scandal
Iraq Today
Latin America
Cases of Corruption
Multinational Company As Victim
Worldwide Hotspots for Corruption and Bribery: China, Central Asia, India, and Asia Pacific
China
The Dangers of Agents: Avery Dennison
Heightened Anti-Corruption Enforcement Efforts in China
Corruption and Societal Discontent
Criminal Law of the People's Republic of China
Company Law of the People's Republic of China
Anti-Unfair Competition Law of the People's Republic of China
Invitation and Submission of Bids Law of the People's Republic of China
Interim Provisions on the Prohibition Against Commercial Bribery Acts
China Enforcement Agencies
Commission for Discipline Inspection of the Communist Party
Supreme People's Procuratorate of the People's Republic of China
Ministry of Public Security of the People's Republic of China
State Administration for Industry and Commerce of the People's Republic of China
The Dangers of Doing Business in China
Central Asia
''Mr. Kazakhstan''
Head in the Azeri Sand
Baker Hughes
India
Asia Pacific
Indonesia
Vietnam
South Korea
Taiwan
Bae Systems: Past Behavior Haunts The Company
Al Yamamah Deal
Suspicious Activity Report, January 30, 2004
FBI Scrutiny
BAE's Denial
Serious Fraud Office Inquiry
Tony Blair Quashes the Investigation
DOJ's Hard-Line Approach
BAE Response
Types and Numbers of Calls to BAE's Ethics Helpline
Woolf Committee
BAE Follows a Different Path
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
Department of Justice's FCPA Red Flags
Red Flags When Doing Business With Third Parties
Travel and Entertainment
Gifts
Mergers and Acquisitions
Inherent Compliance Risk in Acquisitions and New Business Lines
Autonomous International Business Units
Don't Ignore Small Payments
Facilitation Payments
Corrupt Payments
Anti-Corruption Design Never Ends
Thought Leaders in FCPA Compliance: Joseph Spinelli, Scott Moritz, and Jay Perlman
Implementing An Effective Anti-Corruption Compliance Program
Anti-Corruption Standards and Procedures
Training and Communication
Red Flags Training
Anti-Corruption Training Best Practices
Driving Home the Impact of Corruption
Delivery Methods for Training
Specific Anti-Corruption Reporting Mechanism
Communicating the Compliance Program
Evaluating Your Anti-Corruption Training Program
M&A Due Diligence
Risk Assessments
Thought Leader in FCPA Compliance: Leslie McCarthy
Internal Accounting Controls
Role of Internal Audit
Anti-Corruption Audit Program
Other Compliance Program Best Practices
Field-Based Compliance Officers
FCPA Enforcement Database
Benchmarking 261
Commitment to Anti-Corruption Compliance Programs 261
Sample Compliance
Activities Checklist
Monsanto: Fighting Corruption for A Betterworld
A Commitment to Agriculture
DOJ and SEC FCPA Investigation
Acceptance of Responsibility and Remedial Actions
Monsanto Compliance Program Overview
Tone at the Top and a Revamped Code of Conduct
Messages from Senior Leaders
Business Conduct Office
Training
Regional Working Groups
FCPA Working Group Guidelines
Monsanto Business Conduct Policy Employee 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
Training Third Parties
Joint Ventures
Contractual Safeguards and Oversight
Audit
Opinion from Outside Counsel
Local Law Advice
Response to Possible Violations
Internal and Independent Investigations
Internal Coordination and Training
The Monsanto Pledge
Internal Investigations
Consequences of Failing to Act
Preparing for the Investigation
Preserving Documentary and Electronic Information
Assembling the Investigative Team
Investigations Code of Conduct
Investigative Plan
Conducting Interviews
Thought Leader in Internal Investigations: David Z. Seide
Employee Legal Representation
Interviewing and Reporting
Employee Cooperation with Company Investigations
International Investigations
Anti-Corruption Enforcement Trends
Siemens Internal Investigation Approach
Determining Systemic Corruption and FCPA Violations
Self-Disclosure of FCPA Violations
Compliance Emergency Preparedness Kit
Past, Present, and Future of The Fcpa
The Past
The Present
Thought Leader in FCPA Compliance: Marjorie Doyle
Corporate Ignorance Is Not Bliss
It's Not Rocket Science
On the Horizon
The Future
Battling the Disease of Corruption
Appendix Opinion Procedure Releases
About the Authors
Index
Table of Contents provided by Publisher. All Rights Reserved.

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

0470622423

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