FCPA Compliance: Third-Party Diligence Post-Unaoil
Minimizing Corruption Risks When Using Foreign Agents, Distributors and Other Intermediaries
Recording of a 90-minute CLE webcast with Q&A
This CLE video webcast will prepare counsel to companies doing business internationally to perform proper due diligence with foreign agents and intermediaries to minimize the risks of Foreign Corrupt Practices Act (FCPA) violations due to third-party misconduct.
Outline
- FCPA risks created by third-party agents
- Legal framework for third-party liability
- Recent enforcement cases involving third-party activity
- Unique risks created by different third parties
- Common third-party agent red flags
- Core elements of third-party due diligence
- Background checks
- Due diligence investigation/interview
- Contract terms
- Oversight/audit of books and records
- Training
- Compliance certificates
- Best practices for third-party due diligence
- Investigation of agents in M&A context
- Risk-based agent review in global business
- Common cost effective strategies
Benefits
The panel will review these and other key issues:
- What unique FCPA risks are created by different types of third parties?
- What cost effective strategies can companies employ to reduce FCPA risks posed by third parties?
- What guidance is provided for businesses by the recently issued DOJ and SEC resource guide?
Faculty
Palmina M. Fava
Partner
Paul Hastings
Ms. Fava conducts internal investigations with respect to the FCPA, international anti-corruption and anti-bribery... | Read More
Ms. Fava conducts internal investigations with respect to the FCPA, international anti-corruption and anti-bribery restrictions, fraud, kickbacks, accounting irregularities, and misappropriation of trade secrets. She regularly represents companies in such matters before the DOJ, other federal and state agencies, and international regulatory bodies. Ms. Fava also designs and implements corporate compliance programs; conducts proactive reviews of clients’ high-risk areas; structures commercial arrangements to protect against compliance risks; and handles due diligence of agents, JV partners, and targets in M&As, or other investment transactions.
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Pedro A. Medrano
Senior Counsel, Ethics and Compliance
Time Warner
Prior to joining Time Warner, Mr. Medrano served as Senior Counsel at The Bank of New York Mellon, where he was... | Read More
Prior to joining Time Warner, Mr. Medrano served as Senior Counsel at The Bank of New York Mellon, where he was responsible for conducting internal investigations regarding significant legal, regulatory, and criminal matters and responding to non-routine regulatory inquiries. He handled BNY Mellon’s response to the SEC’s industry-wide FCPA probe of financial firms’ interactions with sovereign wealth funds. While in private practice, he counseled clients on challenging anti-corruption concerns; performed internal anti-corruption compliance risk assessments; and advised clients in developing effective global anti-corruption compliance programs and policies.
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Richard A. Sibery, CPA, JD
Partner, Americas Leader, Fraud & Investigations
Ernst & Young
Mr. Sibery’s practice is concentrated in the areas of fraud and forensic accounting, corporate internal... | Read More
Mr. Sibery’s practice is concentrated in the areas of fraud and forensic accounting, corporate internal investigations, money laundering investigations and other litigation advisory services. He has led investigations that include allegations of accounting fraud, money laundering and Foreign Corrupt Practices Act violations. He also has extensive experience leading complex international investigations and other regulatory matters. He is a member of the American Bar Association and the American Institute of Certified Public Accountants and an associate member of the Association of Certified Fraud Examiners.
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