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The Foreign Corrupt Practices Act and Overseas Environmental Crimes: Analyzing the Intersection of Two Risk Areas

The Foreign Corrupt Practices Act and Overseas Environmental Crimes: Analyzing the Intersection of Two Risk Areas
Product Code - EHAU03
Speaker(s): Marcus Asner; Samuel Witten; and Katherine Ghilain, Arnold & Porter LLP;
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 The connection between bribery and environmental crimes is real, and so are the risks to companies of becoming the target of a government investigation or enforcement action. Unfortunately, corrupt acts to influence the enforcement of foreign environmental laws are common. For those subject to U.S. jurisdiction, which includes most of the world, this illegal conduct can lead concurrently to violations of two major U.S. statutes now being enforced vigorously: the U.S. Foreign Corrupt Practices Act, which prohibits offering or paying bribes to foreign government officials at any level of government, and the Lacey Act, which prohibits trafficking in wildlife and plant products in violation of foreign law. U.S. authorities are emphasizing enforcement of these laws, and companies involved in international commerce in fish, wildlife, lumber, or paper products, for example, must be increasingly vigilant to avoid being caught up in bribery schemes involving imports into the United States that violate foreign and domestic environmental laws.

Bloomberg BNA invites you to join a distinguished panel to discuss these increasingly important issues:

  • Marcus Asner--Partner, Arnold & Porter LLP (New York)
  • Samuel Witten--Counsel, Arnold & Porter LLP (Washington, DC)
  • Katherine Ghilain-Associate, Arnold & Porter LLP (New York)

The informative 90-minute presentation is designed to help you:

  • Understand the basics of the Foreign Corrupt Practices Act (FCPA) and other major international anti-corruption laws
  • Review recent trends in FCPA enforcement and review corruption risk areas for companies doing business in emerging markets
  • Examine the connections between corruption and foreign environmental crimes, including the opportunities for corrupt payments for extraction and harvesting of natural resources overseas
  • Discuss enhanced U.S. enforcement of foreign conservation laws, focusing on recent developments in enforcement of the Lacey Act
  • Review steps companies can take to avoid exposure under corruption and environmental laws for the actions of third parties or otherwise, including creating and maintaining a rigorous compliance program

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

  • Quality. Count on it. Nothing is canned.
  • Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
  • Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
  • Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

  • Personal attention. Once you’ve registered, send your questions in advance to and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
  • Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
  • CLE credits will be available for this EHS Webinar.

Marcus Asner; Samuel Witten; and Katherine Ghilain, Arnold & Porter LLP;

Marcus Asner is a partner in Arnold & Porter LLP’s white collar practice. An experienced trial lawyer, Marcus has extensive experience with alleged violations of the Lacey Act, environmental crime, complex fraud, and violations of the FCPA. Marcus previously served as an Assistant United States Attorney for the Southern District of New York, where he was Chief of the Major Crimes Unit. He led the prosecution of US v. Bengis, which involved the massive importation of illegally harvested lobster from South Africa. In 2004, he received the Certificate of Commendation from the Department of Justice, Environment and Natural Resources Division. In private practice, Marcus routinely represents clients in FCPA matters and advises companies on compliance with the Lacey Act.

Samuel Witten is counsel at the law firm Arnold & Porter LLP in Washington, D.C. He has an extensive background in international law, the development and implementation of corporate compliance programs, and international law enforcement cooperation. Before joining Arnold & Porter, Samuel served in the U.S. State Department for 22 years, including six years as Deputy Legal Adviser, where he supervised the State Department’s legal work on law enforcement, environmental issues, economic and business affairs, and human rights issues. Prior to that, he served for five year as Assistant Legal Adviser for Law Enforcement and Intelligence, coordinating the State Department’s assistance to the Department of Justice on international investigations and prosecutions.

Katherine Ghilain is an associate at the law firm Arnold & Porter LLP in New York. Her practice focuses on general and complex civil litigation and a variety of environmental matters. Her environmental experience includes federal and state regulatory programs and statutes, including the Lacey Act, Clean Water Act, Oil Pollution Act, Resource Conservation and Recovery Act, National Environmental Policy Act, Federal Insecticide, Fungicide, and Rodenticide Act, and the New York State Environmental Quality Review Act.