PLI – FCPA 2011 – May 5, 2011 – NYC – Live Tweets by @Mark_Hamill_Esq

Year in Review and Enforcement Trends

William J. Stuckwisch (DOJ): Prior enforcement "trends" now permanent features of the enforcement
program.

Charles E. Cain (SEC): Expect more proactive enforcement; more sweeps. Touting cooperation
agreements with "targets."

Asheesh Goel (Ropes): Blockbuster corporate remedies damaging to shareholder value.

Kimberly A. Parker (Wilmer Cutler): FCPA "law" now not coming only from agencies, but from the
courts.

William F. Pendergast (Paul, Hastings): For compliance, "foreign official" not very relevant to anti-
corruption.

Asheesh Goel (Ropes): Cost of internal investigation is itself a significant penalty. Corp. is a victim of a
crime.

William J. Stuckwisch (DOJ): Corp. not a "victim" in any sense of the word. Shareholders benefited from
the crimes.

William J. Stuckwisch (DOJ): Will continue to seek stiff sentences for individuals.

William J. Stuckwisch (DOJ): Correlation (not causation) between self-disclosure and decision to not
impose a monitor.

Asheesh Goel (Ropes): Some companies still need counseling on compliance basics (e.g., extent of due
diligence).

Charles E. Cain (SEC): Robust compliance program is in the best interest of the corporation.

Charles E. Cain (SEC): Benefits of SEC nat'l FCPA unit not yet seen by public. SEC has cooperators and
whistleblowers.

William J. Stuckwisch (DOJ): DOJ using more U.S. Attorney Office resources. Teaming up with AUSAs.

Asheesh Goel (Ropes): Increased use of traditional law enforcement tools will change how we defend
these matters.

William J. Stuckwisch (DOJ): Dodd-Frank has resulted in more whistleblowers.

Charles E. Cain (SEC): Non-public cos. that are a conduit for bribes by public cos. can expect an
enforcement action.
International Anticorruption Developments

Vivian Robinson (UK SFO): In the UK, the concept of self-reporting is relatively new - but gaining
momentum.

Vivian Robinson (UK SFO): We will be looking to come down hard on serious offenders.

Vivian Robinson (UK SFO): We have powerful tools with which to tackle corruption.

Vivian Robinson (UK SFO): Independent UK sub may not put parent under Bribery Act. But we will look
at whole picture.

Vivian Robinson (UK SFO): Mere listing on UK exchange may not put co. under Bribery Act. But look at
whole picture.

Vivian Robinson (UK SFO): We are eager to get a case to court and conviction that shows that we are
serious.

Vivian Robinson (UK SFO): Resources are an issue, but we can apply to the gov't for blockbuster
funding.

Difficult and Unresolved Questions under the FCPA

Martin J. Weinstein (Willkie Farr): Small payments to get an employee out of a danger zone (think
uprising) okay.

Raja Chatterjee (Morgan Stanley): Do your own FCPA due diligence; do not rely on presence of others in
the deal.

Effective Compliance Programs

Jason T. Weintraub (Broadcom): Cost of independent assessment (audit) of program dwarfed cost to
implement.

John F. Kuckelman (Eli Lilly): Keep updating and revitalizing the program. You are never done. "Rinse
and repeat."

Kathryn Cameron Atkinson (Miller & Chevalier): Use separate accounting ledger codes for compliance-
sensitive transx.