A presentation by the law firm of Taft, Stettinius & Hollister LLP on the Foreign Corrupt Practices Act given to the British American Chamber of Commerce Ohio in January 2013.
Reproduced and published by kind permission of Taft, Stettinius & Hollister LLP
For more information, please visit www.baccohio.org
Presentation: Cross-Border Anti-Corruption Programs
By Leas Bachatene, Chief Executive Officer, ethiXbase
Kicking off 2017 which calls for a renewed and intensified focus on compliance, ethiXbase participated in discussions at the Asian Compliance and Anti-Corruption Summit hosted by the European University Viadrina Frankfurt (Oder) and German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG) in Bangkok on January 11th and 12th. Devoted to the theme of โCompliance Across Asiaโ, the summit featured experts who discussed anti-corruption and compliance in Asia.
Speaking on cross-border anti-corruption programs, Leas Bachatene, Chief Executive Officer of ethiXbase, was joined by other experts from the Organisation for Economic Co-operation and Development (OECD), UNDP Regional Asia Pacific Office, National Anti-Corruption Commission of Thailand, among others.
View slides from Leas Bachateneโs presentation on cross-border anti-corruption programs here, which outlines various elements of an effective cross-border anti-corruption program. Enjoy!
Presentation: Cross-Border Anti-Corruption Programs
By Leas Bachatene, Chief Executive Officer, ethiXbase
Kicking off 2017 which calls for a renewed and intensified focus on compliance, ethiXbase participated in discussions at the Asian Compliance and Anti-Corruption Summit hosted by the European University Viadrina Frankfurt (Oder) and German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG) in Bangkok on January 11th and 12th. Devoted to the theme of โCompliance Across Asiaโ, the summit featured experts who discussed anti-corruption and compliance in Asia.
Speaking on cross-border anti-corruption programs, Leas Bachatene, Chief Executive Officer of ethiXbase, was joined by other experts from the Organisation for Economic Co-operation and Development (OECD), UNDP Regional Asia Pacific Office, National Anti-Corruption Commission of Thailand, among others.
View slides from Leas Bachateneโs presentation on cross-border anti-corruption programs here, which outlines various elements of an effective cross-border anti-corruption program. Enjoy!
In house Counsel Alert: Foreign and Domestic Corruption PresentationThis account is closed
ย
In this audio presentation, Glen Jennings and Michael Misener (standing in for Kristine Robidoux) from Gowlings discuss Foreign and Domestic Corruption including, an overview of corruption globally; an outline of the Canadian legislative framework; and a discussion of some key case studies. They provide in-depth analysis of the Griffiths Energy Case and highlight what in-house counsel can learn from it.
A "back to basics" presentation of the fundamental anti-money laundering laws, including the Anti-Money Laundering Act of 2020 and the Bank Secrecy Act.
Protecting Against Bribery Risk in Business Transactions: Developing an Effec...PECB
ย
This presentation was delivered by John Boscariol, Partner in the Litigation Group at McCarthy Tรฉtrault, at the ISO 37001 & Anti-Bribery PECB Insights Conference.
Best Practices to Achieve an Effective FCPA Compliance ProgramMyComplianceOffice
ย
In this age of global business, it is imperative to have an effective FCPA compliance program. In this webinar co-hosted with Paul Murdock of MCG Consulting we touched on:
-The Foreign Corrupt Practices Act compliance
-How to build an effective FCPA Compliance program
-Learn how to prepare your program to 'protect' your company
To watch video recordings of this webinar visit; https://mco.mycomplianceoffice.com/mco-webinar/best-practices-to-achieve-an-effective-fcpa-compliance-program
The International Digital and Virtual Currency LandscapeRachel Hamilton
ย
Building on the incredible success of the June 2014 conference, and in response to demand from the market, American Conference Institute has developed its second forum on Virtual & Digital Currency and Payment Systems. This program will bring together an unparalleled faculty of in-house counsel and compliance professionals, senior executives from industry-leading companies, high-level regulatory and enforcement officials, and top outside counsel specializing in virtual and digital currencies who will provide you with the insights and tools necessary to navigate the legal, compliance, technical, and business hurdles arising from these new technologies.
Financial crimes compliance and enforcement trends 2019Joseph V. Moreno
ย
Panel presentation to the DC Bar Association on September 12, 2019, by Joseph Moreno of Cadwalader, Fabio Leonardi of Pillsbury, Stephen Gibbons of Raytheon, and Woo Lee of the U.S. Department of Justice.
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
ย
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
Putting the SPARK into Virtual Training.pptxCynthia Clay
ย
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
ย
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
More Related Content
Similar to BACC Ohio - FCPA Anti Corruption presentation
In house Counsel Alert: Foreign and Domestic Corruption PresentationThis account is closed
ย
In this audio presentation, Glen Jennings and Michael Misener (standing in for Kristine Robidoux) from Gowlings discuss Foreign and Domestic Corruption including, an overview of corruption globally; an outline of the Canadian legislative framework; and a discussion of some key case studies. They provide in-depth analysis of the Griffiths Energy Case and highlight what in-house counsel can learn from it.
A "back to basics" presentation of the fundamental anti-money laundering laws, including the Anti-Money Laundering Act of 2020 and the Bank Secrecy Act.
Protecting Against Bribery Risk in Business Transactions: Developing an Effec...PECB
ย
This presentation was delivered by John Boscariol, Partner in the Litigation Group at McCarthy Tรฉtrault, at the ISO 37001 & Anti-Bribery PECB Insights Conference.
Best Practices to Achieve an Effective FCPA Compliance ProgramMyComplianceOffice
ย
In this age of global business, it is imperative to have an effective FCPA compliance program. In this webinar co-hosted with Paul Murdock of MCG Consulting we touched on:
-The Foreign Corrupt Practices Act compliance
-How to build an effective FCPA Compliance program
-Learn how to prepare your program to 'protect' your company
To watch video recordings of this webinar visit; https://mco.mycomplianceoffice.com/mco-webinar/best-practices-to-achieve-an-effective-fcpa-compliance-program
The International Digital and Virtual Currency LandscapeRachel Hamilton
ย
Building on the incredible success of the June 2014 conference, and in response to demand from the market, American Conference Institute has developed its second forum on Virtual & Digital Currency and Payment Systems. This program will bring together an unparalleled faculty of in-house counsel and compliance professionals, senior executives from industry-leading companies, high-level regulatory and enforcement officials, and top outside counsel specializing in virtual and digital currencies who will provide you with the insights and tools necessary to navigate the legal, compliance, technical, and business hurdles arising from these new technologies.
Financial crimes compliance and enforcement trends 2019Joseph V. Moreno
ย
Panel presentation to the DC Bar Association on September 12, 2019, by Joseph Moreno of Cadwalader, Fabio Leonardi of Pillsbury, Stephen Gibbons of Raytheon, and Woo Lee of the U.S. Department of Justice.
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
ย
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
Putting the SPARK into Virtual Training.pptxCynthia Clay
ย
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
ย
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
ย
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
ย
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
"๐ฉ๐ฌ๐ฎ๐ผ๐ต ๐พ๐ฐ๐ป๐ฏ ๐ป๐ฑ ๐ฐ๐บ ๐ฏ๐จ๐ณ๐ญ ๐ซ๐ถ๐ต๐ฌ"
๐๐ ๐๐จ๐ฆ๐ฌ (๐๐ ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐๐๐ญ๐ข๐จ๐ง๐ฌ) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
๐๐ ๐๐จ๐ฆ๐ฌ provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
โญ ๐ ๐๐๐ญ๐ฎ๐ซ๐๐ ๐ฉ๐ซ๐จ๐ฃ๐๐๐ญ๐ฌ:
โข 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
โข SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
โขFreenBecky 1st Fan Meeting in Vietnam
โขCHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
โข WOW K-Music Festival 2023
โข Winner [CROSS] Tour in HCM
โข Super Show 9 in HCM with Super Junior
โข HCMC - Gyeongsangbuk-do Culture and Tourism Festival
โข Korean Vietnam Partnership - Fair with LG
โข Korean President visits Samsung Electronics R&D Center
โข Vietnam Food Expo with Lotte Wellfood
"๐๐ฏ๐๐ซ๐ฒ ๐๐ฏ๐๐ง๐ญ ๐ข๐ฌ ๐ ๐ฌ๐ญ๐จ๐ซ๐ฒ, ๐ ๐ฌ๐ฉ๐๐๐ข๐๐ฅ ๐ฃ๐จ๐ฎ๐ซ๐ง๐๐ฒ. ๐๐ ๐๐ฅ๐ฐ๐๐ฒ๐ฌ ๐๐๐ฅ๐ข๐๐ฏ๐ ๐ญ๐ก๐๐ญ ๐ฌ๐ก๐จ๐ซ๐ญ๐ฅ๐ฒ ๐ฒ๐จ๐ฎ ๐ฐ๐ข๐ฅ๐ฅ ๐๐ ๐ ๐ฉ๐๐ซ๐ญ ๐จ๐ ๐จ๐ฎ๐ซ ๐ฌ๐ญ๐จ๐ซ๐ข๐๐ฌ."
Business Valuation Principles for EntrepreneursBen Wann
ย
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
ย
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
ย
According to TechSci Research report, โIndia Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030โ, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
ย
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
ย
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
ย
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
1. Compliance with the
Foreign Corrupt Practices Act
& International Anti-Corruption Laws
in the Era of Enforcement
Presentation to the British-American Chamber of Commerce,
Ohio Chapter
โช Friday, January 25, 2013 โช
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
2. Todayโs Objectives
Gain a fundamental understanding of:
โข What constitutes a violation of the FCPA and related
international anti-corruption laws
โข The current enforcement environment and the likely
future enforcement environment
โข The elements of an effective risk-based anti-corruption
compliance program
โข How FCPA violations are typically resolved
2 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
3. Overview of the FCPA
& Related International
Anti-Corruption Laws
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
4. FCPA Overview
โข Passed in 1977; Amended in 1988 and 1998
โข Prohibits corrupt payments to foreign officials to obtain
or retain business
โข Two Parts:
1. Anti-bribery provision, enforced by the DOJ
2. Books and records and internal controls provisions,
enforced by the SEC and the DOJ
4 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
5. Anti-Bribery Provision
It is unlawful for:
1. A covered person or company
2. To offer, pay, promise to pay, or authorize payment
3. Directly or indirectly
4. Of anything of value
5. To a โforeign officialโ
6. Corruptly/willfully
7. To obtain or retain business
5 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
6. Books & Records & Internal Controls Provisions
โข Issuers must:
โ Make and keep books,
records, and accounts
โข Which, in reasonable
detail accurately and
fairly reflect the
transactions and
dispositions of their
assets
6 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
7. Books & Records & Internal Controls Provisions
โข Issuers must:
โ Have a system of internal
accounting controls that
provides reasonable
assurances that:
โข Transactions are authorized
โข Access to assets is
authorized
โข Accurate financial statements
are able to be prepared
(GAAP standards)
7 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
8. Exception & Affirmative Defenses
โข Exception
โ Facilitation Payments
โข Affirmative Defenses
โ Payments that are lawful under local law
โ Expenses related to promotion, demonstration, or
explanation of products or services or the execution of
contract
8 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
9. UK Bribery Act vs. the FCPA
โข Broader jurisdictional reach
โข Prohibits commercial bribery
โข Prohibits receipt of a bribe
โข No facilitation payments exception
โข Offense of failure to prevent bribery
โ But includes an โadequate proceduresโ defense with
civil balance of probabilities standard
9 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
10. International Proliferation
โข Other statutes โข Voluntary initiatives
โข Conventions โข Increased law
enforcement cooperation
โข IGOs and NGOs
10 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
12. โVast Mexico Bribery Case Hushed Up by
Wal-Mart After Top-Level Struggleโ
โข 8.2% decline in stock value
โข $19 billion loss in market value
โข Derivative lawsuits
โข Reconsideration of global
expansion plans
12 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
13. Welcome to the Era of Enforcement
Reported FCPA Proceedings
90
80
70
60
50
40
30
20
10
0
2004 2005 2006 2007 2008 2009 2010 2011
Ye ars
13 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
14. The Enforcement Era: Corporations & Companies
$800 Million $579 Million
$365 Million $338 Million
14 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
15. The Enforcement Era: Corporations & Companies
โข Some commentators have asserted
that smaller companies are more
likely to be criminally indicted than
large ones
โ For example, Nexus Technologies was
found to be a โcriminal purpose
organizationโ under Section 8C1.1
of the U.S. Sentencing Guidelines
โ Judge ordered dissolution of Nexus and
turnover of all assets to court
15 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
16. The Enforcement Era: Individuals
โThe number of individual prosecutions [under the
FCPA] has risen โ and thatโs not an accident.
That is quite intentional on the part of the Department.
It is our view that to have a credible deterrent effect,
people have to go to jail.โ
โMark Mendelsohn
Former Deputy Chief
DOJ Fraud Section
16 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
17. The Future of Enforcement
โข SEC formed specialized nationwide FCPA enforcement
unit in 2010
โข FBI has doubled the number of agents in its FCPA unit
โข Use of aggressive law enforcement techniques
(informants, stings, wiretaps)
โข Proliferation of similar laws in other countries
17 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
18. The Future of Enforcement
โI would not say that our vision, the U.S. Department
of Justiceโs vision, is short. I would say itโs long-term.
This is not a project which is going to be five years.
It is not a project thatโs ten years. This is a project
which is thirty years.โ
โ Excerpt from government argument at U.S. v. Naaman
(2011) sentencing hearing
18 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
19. Trends
โข Increase in individual prosecutions
โ More trials and case law
โข More whistleblowers
(Dodd-Frank bounty provision)
โข More legal scholarship
โข Greater international efforts and
cooperation (but also raises multi-
jurisdictional issues)
19 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
21. Risk-Based Program in a Multi-Jurisdictional Environment
โข US Sentencing โข World Bank Integrity
Guidelines (ยง8B2.1.c) Compliance Guidelines
(Guideline 3)
โข UK Ministry of Justice
guidance on โAdequate โข SEC
Proceduresโ (Principle 3)
21 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
22. Taftโs Anti-Corruption Risk Management Process
22 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
23. Identify
Anti-Corruption Hazards
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
24. Risks - External
Transaction
Country Risk Sector Risk
Risk
Business Business
Opportunity Partnership
Risk Risk
24 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
25. Transparency International
25 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
26. Risks - Internal
Deficient Bonus Unclear Policies
Personnel Culture & Procedures
Deficient Financial Leadership Tone
Controls and Culture
26 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
27. Assess Anti-Corruption
Hazards to Determine
Anti-Corruption Risks
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
28. Develop Anti-Corruption
Controls & Make
Anti-Corruption Risk Decisions
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
29. Control Requirements
โข Control must remove the hazard or reduce the residual
risk to an acceptable level
โข Feasible
โ The business unit must have the capability to implement the
control
โข Acceptable
โ The benefit gained by implementing the control must justify the
cost in resources and time (largely subjective)
29 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
30. Overarching Controls
Tone/Culture at the Top
Supervision & Evaluation
Documentation
30 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
35. Reassess Risk
โข With controls applied, determine:
โ Residual risk associated with each hazard, and
โ Overall residual risk for the business operation
โข Continue to develop and apply controls and reassess
risk until:
โ Acceptable level of risk is achieved, or
โ All risks are reduced to a level where benefits outweigh
potential cost
35 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
37. No โPaper Programsโ
โข Controls are
meaningless, and a
potential source of
liability, if not properly
implemented
37 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
38. Integration into the Business
MISSION
Core purpose of the
organization
VALUES
Timeless guiding principles
VISION
Word picture of the ideal future
STRATEGY
Your โgame planโ for success
STRATEGY MAP
Graphical presentation of key objectives
BALANCED SCORECARD
Performance measures, targets and initiatives
CASCADING MEASURES
Performance measures for all departments/individuals that align with overall goals
STRATEGIC MANAGEMENT SYSTEM
Linking the Balanced Scorecard to processes such as budgeting, reporting and compensation
(http://www.finbrain-itc.be/en/services/balance-scorecard)
38 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
39. Supervise Execution
of Anti-Corruption Controls
& Evaluate their Effectiveness
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
40. Supervision
โข Effective supervision ensures:
โ Controls are implemented, monitored, and remain in place
(be mindful of control person liability)
โ Personnel understand how, when, and where controls are
implemented
โ Complacency, deviation from standards, or violations of policies
and other controls are not allowed to threaten success
โข Provides compliance team and management the
situational awareness necessary to anticipate, identify,
and assess any new hazards and to develop or modify
controls as necessary
40 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
41. Evaluation
โข Evaluation process occurs during all phases of business
operations
โข Identify any hazards that were not identified as part of
the initial assessment, or identify new hazards that
evolved during the operation or activity
โ Any time that personnel, operations, new locations, etc. change
the initial risk management analysis, the control measures
should be reevaluated
41 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
42. Evaluation
โข Assess effectiveness in supporting
business operational goals and
objectives
โข Assess the implementation, execution,
and communication of the controls
โข Assess accuracy of residual risk and
effectiveness of controls in eliminating
hazards and controlling risks
42 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
43. Disclosure
& Resolution
Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
44. Disclosure Decision
Receive
Do Not
Disclose Notice
Disclose
from Govโt
44 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
45. Possible Outcomes
Govโt
Govโt Govโt
Never Discovers
Declination NPA/DPA
Violation
Guilty Plea/
Ancillary
Settlement
Issues
or Trial
45 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com
46. Questions?
Michael Wager
mwager@taftlaw.com
(216) 706-3940
46 Cincinnati / Cleveland / Columbus / Dayton / Indianapolis / N. Kentucky / Phoenix / www.taftlaw.com