Fight Skyrocketing Corruption Risk with Training: A Guided Tour of ELT’s All-New  Anti-Bribery & Corruption Series
Reid Bowman <ul><li>General Counsel of ELT.  </li></ul><ul><li>Close to 30 years of HR, labor & employment law, and compli...
Scott Schneider <ul><li>Director of Compliance  </li></ul><ul><li>Over 10 years experience representing aerospace industry...
Agenda for Today’s Meeting Introductions Legal Drivers Demonstration Q&A
<ul><li>Has your organization identified bribery and corruption as emerging risk areas? </li></ul><ul><ul><li>Yes </li></u...
A Growing Risk Wage  & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd  Party <ul><li>Legal Drivers </li></ul><ul><li>↑  Greater Enforcem...
For Example: FCPA Risk in 2010 Wage  & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd  Party $1.8 Billion  in fines and penalties  in 20...
Legal Drivers
International Legal Drivers <ul><li>Many countries have  at least some Anti-bribery & Corruption laws </li></ul><ul><li>Th...
FCPA <ul><li>Prohibits bribery of  public officials </li></ul><ul><li>Limited Exceptions </li></ul><ul><ul><li>Facilitatio...
How do Organizations Get in Trouble? <ul><li>Example:  What is a payment? </li></ul><ul><ul><ul><li>Buying lunch? </li></u...
What about Dodd-Frank? Creates an incentive for employees to go directly to the feds –  up to 30% finders’ fee! While we t...
FCPA Compliance: Training is Critical Wage  & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd  Party <ul><li>Avoid up to 90% of fines and...
UK Bribery Act..Goes Further than FCPA <ul><li>Prohibits all bribery  – not just bribery of governmental officials </li></...
The Good News <ul><li>Organizations can  avoid all liability  by showing they had  “ adequate procedures ”  to prevent bri...
To Summarize… <ul><li>Bans bribery of public officials  and  private “commercial” bribery </li></ul><ul><li>No Exceptions ...
Third Parties Can Create Risk for  Your Organization    Distributors    Local counsel    Franchisees    Contractors  ...
<ul><li>Is your organization currently conducting Anti-Bribery and Corruption training? </li></ul><ul><ul><li>Yes </li></u...
4 Courses Tailored to Your Needs The most  innovative   and  flexible  set of anticorruption training solutions on the mar...
4 Courses Tailored to Your Needs The most  innovative   and  flexible  set of anticorruption training solutions on the mar...
4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Focus on FCPA compliance and your FCPA poli...
4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Focuses on the UK Bribery Act and your orga...
4 Courses Tailored to Your Needs <ul><li>High level overview, summary of FCPA, UK Bribery Act and key conventions </li></u...
4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Train 3 rd  parties </li></ul><ul><li>Distr...
4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>The choices you need </li></ul><ul><li>Tail...
ELT’s FCPA
ELT’s FCPA Brand New  in 2011 ! New Media! New Video! New Stories! New Characters! New Course  Features! New  Characters!
2 Learning Experiences Fundamentals  News Story MyReports  Interactive Exercises +
Bringing the Corruption Fight to Life Fundamentals  News Story The fight against  global corruption Why it matters to your...
Your Learners Join the Story MyReports  Interactive Exercises Research Files Breaking News Poll Hot Topics The Wall The In...
Demonstration
Choosing the Right Resources <ul><li>Assess Your Needs and Risks </li></ul><ul><li>Choose an Appropriate Resource </li></u...
Compliance is a Process – Not an Event <ul><li>Demonstrate your attention and commitment to compliance and training </li><...
Compliance is a Process – Not an Event <ul><li>FCPA :  your US-based workforce </li></ul><ul><li>UK Bribery Act :  UK pers...
A Question For You <ul><li>How has Anti-Corruption training been conducted in your organization? </li></ul><ul><ul><li>Liv...
Interested in ELT’s solutions? [email_address] www.elt.com  │ 877.358.4621  Additional substantive questions?   [email_add...
Thank You
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9-22-11 Anti-Bribery and Corruption Prevention

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  • Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?
  • Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?
  • Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?
  • 9-22-11 Anti-Bribery and Corruption Prevention

    1. 1. Fight Skyrocketing Corruption Risk with Training: A Guided Tour of ELT’s All-New Anti-Bribery & Corruption Series
    2. 2. Reid Bowman <ul><li>General Counsel of ELT. </li></ul><ul><li>Close to 30 years of HR, labor & employment law, and compliance experience, primarily working with multi-state and global employers. </li></ul><ul><li>Designs strategic ethics, wage & hour, discrimination prevention, and employment law compliance programs. </li></ul>
    3. 3. Scott Schneider <ul><li>Director of Compliance </li></ul><ul><li>Over 10 years experience representing aerospace industry in environmental and compliance matters. </li></ul><ul><li>Over 10 years of experience helping employers roll out organization-wide online ethics and compliance programs. </li></ul>
    4. 4. Agenda for Today’s Meeting Introductions Legal Drivers Demonstration Q&A
    5. 5. <ul><li>Has your organization identified bribery and corruption as emerging risk areas? </li></ul><ul><ul><li>Yes </li></ul></ul><ul><ul><li>It hasn’t, but it should </li></ul></ul><ul><ul><li>No </li></ul></ul><ul><ul><li>I don’t know </li></ul></ul>A Question For You
    6. 6. A Growing Risk Wage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party <ul><li>Legal Drivers </li></ul><ul><li>↑ Greater Enforcement in the US </li></ul><ul><li>↑ Dodd-Frank “Bounty Hunters” </li></ul><ul><li>↑ New Laws in the United Kingdom </li></ul><ul><li>New Awareness </li></ul><ul><li>Big fines for companies </li></ul><ul><li>Jail time for individuals, including senior leaders </li></ul>
    7. 7. For Example: FCPA Risk in 2010 Wage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party $1.8 Billion in fines and penalties in 2010! Department of Justice Investigations up by 3,250% in the last 7 years Big names in the news! Irreparable harm to brand and reputation
    8. 8. Legal Drivers
    9. 9. International Legal Drivers <ul><li>Many countries have at least some Anti-bribery & Corruption laws </li></ul><ul><li>The Most Significant: </li></ul><ul><li>Foreign Corrupt Practices Act </li></ul><ul><li>UK Bribery Act </li></ul>
    10. 10. FCPA <ul><li>Prohibits bribery of public officials </li></ul><ul><li>Limited Exceptions </li></ul><ul><ul><li>Facilitation (Grease) Pmts. </li></ul></ul><ul><ul><li>Bona fide Pmts. </li></ul></ul><ul><ul><li>Pmts. Authorized by Law </li></ul></ul><ul><li>Applies to: </li></ul><ul><ul><li>US-based companies </li></ul></ul><ul><ul><li>Overseas companies doing business here </li></ul></ul><ul><li>Liable for the conduct of 3 rd Parties </li></ul>
    11. 11. How do Organizations Get in Trouble? <ul><li>Example: What is a payment? </li></ul><ul><ul><ul><li>Buying lunch? </li></ul></ul></ul><ul><ul><ul><li>Sending a birthday present? </li></ul></ul></ul><ul><li>Example: Who is a government official? </li></ul><ul><ul><ul><li>Payment to a political party? </li></ul></ul></ul><ul><ul><ul><li>Contribution to the Minister’s favorite charity? </li></ul></ul></ul><ul><ul><ul><li>State owned companies? </li></ul></ul></ul><ul><li>Example: Is it a bribe or a facilitation payment? </li></ul>
    12. 12. What about Dodd-Frank? Creates an incentive for employees to go directly to the feds – up to 30% finders’ fee! While we think of Dodd-Frank as financial regulation reform… … the bounty hunter provisions expressly include violations of corruption laws (FCPA)
    13. 13. FCPA Compliance: Training is Critical Wage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party <ul><li>Avoid up to 90% of fines and penalties under the Federal Sentencing Guidelines with: </li></ul><ul><li>Comprehensive training </li></ul><ul><li>Periodic , recurring training </li></ul><ul><li>Reaching a broad audience </li></ul><ul><li>Quality matters! </li></ul>
    14. 14. UK Bribery Act..Goes Further than FCPA <ul><li>Prohibits all bribery – not just bribery of governmental officials </li></ul><ul><li>Creates liability for failing to stop bribery from happening </li></ul><ul><li>No exceptions </li></ul><ul><li>Applies to: </li></ul><ul><li>Any UK-based entity / Any entity doing business in the UK </li></ul><ul><li>The subsidiary of any business based in the UK or doing biz there </li></ul><ul><li>UK Citizens / Living in UK / Connection to UK </li></ul><ul><li>Liable for the conduct of 3 rd Parties </li></ul>
    15. 15. The Good News <ul><li>Organizations can avoid all liability by showing they had “ adequate procedures ” to prevent bribery in place </li></ul><ul><ul><li>Can be a complete defense </li></ul></ul><ul><li>Guidance from the Ministry of Justice expressly refers to training (and online training) as a necessary part of “adequate procedures.” </li></ul>
    16. 16. To Summarize… <ul><li>Bans bribery of public officials and private “commercial” bribery </li></ul><ul><li>No Exceptions </li></ul><ul><li>Training is necessary to show you had “ adequate procedures ” in place </li></ul><ul><li>Bans bribery of public officials </li></ul><ul><li>Limited Exceptions </li></ul><ul><li>Training is necessary to mitigate damages under the Federal Sentencing Guidelines </li></ul>
    17. 17. Third Parties Can Create Risk for Your Organization  Distributors  Local counsel  Franchisees  Contractors  Agents  Intermediaries  Consultants  Suppliers  Joint venture partners Putting your organization’s reputation and bottom line at risk
    18. 18. <ul><li>Is your organization currently conducting Anti-Bribery and Corruption training? </li></ul><ul><ul><li>Yes </li></ul></ul><ul><ul><li>No, but we are considering it </li></ul></ul><ul><ul><li>No </li></ul></ul><ul><ul><li>I don’t know </li></ul></ul>A Question For You
    19. 19. 4 Courses Tailored to Your Needs The most innovative and flexible set of anticorruption training solutions on the market Anti-bribery & Corruption Courses Resources Designed to Meet Your Needs
    20. 20. 4 Courses Tailored to Your Needs The most innovative and flexible set of anticorruption training solutions on the market Anti-bribery & Corruption Courses Resources Designed to Meet Your Needs
    21. 21. 4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Focus on FCPA compliance and your FCPA policies </li></ul><ul><li>~60 minutes </li></ul><ul><li>Optional UK Bribery Act content (10 Minutes) </li></ul>
    22. 22. 4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Focuses on the UK Bribery Act and your organization’s anticorruption policies </li></ul><ul><li>~60 minutes </li></ul><ul><li>Optional FCPA summary content (10 minutes) </li></ul>
    23. 23. 4 Courses Tailored to Your Needs <ul><li>High level overview, summary of FCPA, UK Bribery Act and key conventions </li></ul><ul><li>Focus on spotting and reporting </li></ul><ul><li>~30 minutes </li></ul>Resources Designed to Meet Your Needs
    24. 24. 4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>Train 3 rd parties </li></ul><ul><li>Distribute your policies & procedures </li></ul><ul><li>Obtain regular compliance certificates from 3 rd Parties </li></ul><ul><li>~30 minutes </li></ul>
    25. 25. 4 Courses Tailored to Your Needs Resources Designed to Meet Your Needs <ul><li>The choices you need </li></ul><ul><li>Tailor the message to the audience needs </li></ul><ul><li>Resources that grow with your organization’s needs </li></ul>
    26. 26. ELT’s FCPA
    27. 27. ELT’s FCPA Brand New in 2011 ! New Media! New Video! New Stories! New Characters! New Course Features! New Characters!
    28. 28. 2 Learning Experiences Fundamentals News Story MyReports Interactive Exercises +
    29. 29. Bringing the Corruption Fight to Life Fundamentals News Story The fight against global corruption Why it matters to your organization What learners can do to turn the tide The importance of seeking guidance and reporting Fundamentals News Story
    30. 30. Your Learners Join the Story MyReports Interactive Exercises Research Files Breaking News Poll Hot Topics The Wall The Interview Video Fact Check Quick Tips
    31. 31. Demonstration
    32. 32. Choosing the Right Resources <ul><li>Assess Your Needs and Risks </li></ul><ul><li>Choose an Appropriate Resource </li></ul><ul><li>Periodically Reassess </li></ul><ul><ul><li>Effectiveness </li></ul></ul><ul><ul><li>Impact on Risk </li></ul></ul><ul><ul><li>Legal and Regulatory Environment </li></ul></ul>
    33. 33. Compliance is a Process – Not an Event <ul><li>Demonstrate your attention and commitment to compliance and training </li></ul><ul><li>Start! Do something! </li></ul><ul><li>Don’t let the “perfect” be the enemy of the “very good” </li></ul>
    34. 34. Compliance is a Process – Not an Event <ul><li>FCPA : your US-based workforce </li></ul><ul><li>UK Bribery Act : UK personnel </li></ul><ul><li>Global: Others around the globe, home office – one step back </li></ul><ul><li>Third Party : overseas partners and agents </li></ul>
    35. 35. A Question For You <ul><li>How has Anti-Corruption training been conducted in your organization? </li></ul><ul><ul><li>Live training </li></ul></ul><ul><ul><li>Online training </li></ul></ul><ul><ul><li>We have never conducted anti-corruption training </li></ul></ul>
    36. 36. Interested in ELT’s solutions? [email_address] www.elt.com │ 877.358.4621 Additional substantive questions? [email_address] [email_address]
    37. 37. Thank You

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