Norris McLaughlin Presents Seminar onForeign Corrupt Practices Act in Current Climate

Thursday, April 9, 2009 - 00:00

NorrisMcLaughlin & Marcus, P.A. will be presenting a breakfast seminar entitled The Foreign Corrupt Practices Act (“FCPA”): Government Regulatory Oversightand Criminal Law Enforcement In The “Bailout” Economy on Thursday, April 30, from 8:30 a.m. to 11:00 a.m., at the firm’s Bridgewateroffice.  A distinguished panel of speakers willaddress issues arising from the recent increase in government law enforcementand regulators oversight of the FCPA, issues that corporations engaged inbusiness transactions abroad must be mindful of, and tools that the corporationcan have in place to avoid FCPA problems and improve its ability to respondeffectively if government inquiries occur.

“Governmentenforcement of the Foreign Corrupt Practices Act has been on a steady rise inrecent years.  Indeed, last year marked ahigh-water point in the assessment of criminal fines and penalties with the$800 million sanction against Siemans AG for payments made to governmentofficials in Argentina, Venezuela andother foreign nations that were determined to be violative of the FCPA.  The current state of our nation's economy --and the global recession -- makes it only more likely that the aggressive trendin those enforcement efforts will remain. We look forward to a robust discussion -- with questions and answerssegment -- and informational ‘take away’ materials,” explained Bryan Blaney, aMember of the firm and former federal public corruption prosecutor.
Mr. Blaney will moderate thediscussion and presentations.  The panelwill include Theodore Margolis, also a former federal prosecutor and nowaccomplished white collar criminal defense attorney, and Fernando M. Pinguelo,a litigator with extensive experience in electronic records storage andmanagement.  In addition, the seminarpanel will include Michael McCulley, Director of Government/Regulatory Compliancefor the Fortune 100 Johnson & Johnson Corporation, and The Honorable JosephA. Greenaway, Jr., of the United States District Court for the District of NewJersey and Adjunct Professor at Columbia University.

Thepanel of experts will address issues regarding FCPA compliance, design for internalaudit and investigations, records maintenance, responses to government lettersof inquiry and grand jury subpoenas, and defenses against charges.  More specifically, they will review the scopeof conduct and activities that constitute FCPA violations and the potentialpenalties that can result and discuss the importance of drafting and updatingan adequate compliance plan and the necessity of maintaining adequaterecords  of transactions with governmentofficials abroad.  They will giveguidance for how—and when — a corporation should conduct its own internalinvestigation and when it should retain outside counsel, whether and how thecorporation should reach out to the government if possible FCPA violations havebeen identified by an internal inquiry, and potential benefits and possibledownsides to full/early voluntary disclosure and cooperation with thegovernment.
For more information or to register for this seminar,contact Cassie Coldreck at ccoldreck@nmmlaw.com or call 908-252-4172.