During the thirty-six years of enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) and more recently other nations’ statutes enacted as a result of international agreements such as the OECD Convention, there have been very few enforcement actions against financial sector firms or their employees. Nevertheless, the FCPA and OECD statutes present very substantial enforcement and reputational risks as well as business risks relating to the logic of the investment decision and business case. Thus, investors and fund managers may find themselves on the wrong side of the law – and their clients – if they do not carefully analyze the corruption risks related to new and existing investments. In doing so, it is important they understand government expectations as they consider issues such as control, corporate governance, business models and channels, and due diligence and risk assessments.
The Practice Readiness Series shall provide background for evaluation of the risks arising from trends and patterns in enforcement and the recent guidance from the US and UK authorities. It will then address practical requirements for the design, implementation, and monitoring of anti-corruption programs both at the investment fund and its portfolio companies and provide practical guidance on how to conduct due diligence on a potential investment target.
In order to address these emerging issues and risks, the RCA’s Law and Masters Concentration Faculty, and Guest Lecturers provide an in depth, candid discussion and provide practical commentary regarding key concerns including:
- A primer on the FCPA and other anti-corruption laws
- Trends and patterns in enforcement
- Government guidance from the US, UK, and OECD authorities
- Approaching a potential investment with corruption risk
- Post-investment management of corruption risk
Walter Zebrowski, JD, CPA, Principal, Hedgemony Partners
Chairman, Regulatory Compliance Association
Senior Fellow From Practice:
Philip Urofsky, JD, Partner, Shearman & Sterling
Nathan Greene, JD, Partner, Shearman & Sterling
Daniel Nardello, JD, Principal, Nardello & Co.
David Gilmore, Director, Berkeley Research Group
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