The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance

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The FCPA, which prohibits bribery of non-U.S. government officials and imposes internal controls and recordkeeping requirements on public companies listed on U.S. exchanges, is vigorously enforced by the U.S. Department of Justice and the U.S. Securities and Exchange Commission, which have overlapping jurisdiction to enforce the law civilly and criminally.  The past decade has seen an explosion of FCPA enforcement in the United States, transforming this once-dormant statute into one of the core tools of U.S. white collar enforcement.  Unabated globalization, coupled with increasing enforcement by other countries, continues to add fuel to FCPA enforcement and drive the need for anti-corruption compliance.

U.S. corporations, foreign corporations that trade on a U.S. stock exchange, and their employees and agents are all subject to the law, as are any individuals operating within the United States.  In increasingly competitive business environments where foreign governments offer lucrative contracts and stand as gatekeepers for licenses, permits, and other operating necessities, it is vital that organizations and their employees take appropriate steps to mitigate the risks that employees will seek to use bribery as a means to open doors or gain a competitive advantage.  As recent enforcement has shown, virtually no sector or type of organization is immune.



Educational Objectives:
Attendees can gain a basic understanding of the FCPA’s legal framework, how it is enforced by the United States Securities and Exchange Commission and the United States Department of Justice, and recent developments in its enforcement.  They will also receive a basic overview of the core compliance program elements used to mitigate risks in this area.  Our goal is to give participants a foundation for more in-depth sessions at the upcoming conference, while including enough discussion of trends in enforcement that more experienced practitioners will also gain insight from the session.



Who would benefit most from attending this program?
Lawyers and compliance professionals either advising companies or working inside organizations to deal with FCPA and anti-corruption risks, including compliance and investigative counsel, as well as risk management professionals and internal auditors.




Mr. Michael Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.  His practice focuses on white collar criminal defense, internal investigations, and corporate compliance.  Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges.  He has represented clients in an array of matters, including False Claims Act violations, accounting fraud, and antitrust violations, before the Department of Justice and the Securities and Exchange Commission.  Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in fourteen different countries on four continents. Among Mr. Diamant’s substantive areas of expertise is the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Diamant conducts internal investigations for corporations regarding possible violations of the FCPA and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their FCPA compliance programs. 

Mr. Diamant is a 2003 magna cum laude graduate of the Georgetown University Law Center, where he was inducted into the Order of the Coif. In 2000, Mr. Diamant received his Bachelor of Science in Foreign Service magna cum laude from Georgetown’s Walsh School of Foreign Service, where he was elected to Phi Beta Kappa. He is barred in the District of Columbia and Virginia.


Ms. Elizabeth Silver is a senior associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP.  Her practice focuses on white collar defense, internal investigations, and corporate compliance.  Ms. Silver regularly advises multinational corporations on compliance with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and other anti-corruption laws.  She has conducted fieldwork in Africa, Asia, Europe, Latin America, and the United States.  Ms. Silver frequently conducts international investigations, due diligence, compliance program evaluations and risk assessments, and she also has held leadership roles in two government-mandated compliance Monitorships.  Ms. Silver has represented corporations and individuals in FCPA and other white collar criminal investigations conducted by the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and other government agencies.  Ms. Silver has represented clients in the agriculture, communications, engineering, finance, hospitality, manufacturing, mining, pharmaceutical, and retail sectors. 


Ms. Silver is a graduate of the Georgetown University Law Center, and holds a Bachelor of Arts degree from Tufts University in Political Science and Spanish, magna cum laude.  She is licensed to practice law in New York and the District of Columbia.  Ms. Silver is fluent in Spanish and regularly uses Spanish in professional contexts.