How Does Your Company Handle Investigations?
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Would You or Wouldn’t You Disclose? Benchmark against Industry Polling Results on FCPA Disclosures Multi-Jurisdictional Enforcement Risks
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How Does Your Company Handle Investigations?
- 1. HOW DOES YOUR COMPANY HANDLE INVESTIGATIONS? BENCHMARK AGAINST THE ANONYMOUS INDUSTRY POLLING RESULTS FROM ACI’S 32ND FCPA CONFERENCE | NOVEMBER 2015 FCPACONFERENCE.COM
- 2. THE COMPANY (LISTED ON NASDAQ AND FTSE) IS CONDUCTING AN INTERNAL INVESTIGATION INTO ALLEGED BRIBES. THE COMPANY PLANS TO SELF-REPORT THE RESULTS, BUT IT IS CONCERNED ABOUT PROMPTING DERIVATIVE AND CLASS ACTION LAWSUITS. SHOULD THE COMPANY CREATE A POWERPOINT PRESENTATION FOR A GOVERNMENT MEETING WHICH SUMMARIZES THE EVIDENCE AND WITNESS INTERVIEWS? YES, AND PROVIDE THEM TO SFO, DOJ AND THE SEC: 6% YES, AND PROVIDE THEM TO SFO, DOJ AND THE SEC, PURSUANT TO A NON-WAIVER AGREEMENT: 23% SHARE THE POWERPOINT PRESENTATION WITH THE AUTHORITIES DURING MEETING, BUT DO NOT ALLOW THEM TO KEEP A COPY OF THE PRESENTATION: 34% NO, BUT PROVIDE ORAL SUMMARIES: 37% AMERICAN CONFERENCE INSTITUTE'S INTERNATIONAL CONFERENCE ON THE FOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC FCPACONFERENCE.COM 158 ATTENDEES ANSWERED:
- 3. A DOJ PROSECUTOR SUBPOENAS DATA (WHICH INCLUDE PERSONNEL FILES AND PERSONAL INFORMATION) RESIDING IN GERMANY. GERMANY'S DATA-PRIVACY LAWS GENERALLY PROHIBIT DISCLOSURE OF THE DATA. WHAT SHOULD THE COMPANY DO? ADVISE THE WORKS COUNCIL OF THE SUBPOENA AND WORK WITH IT WITH A GOAL TO PRODUCE THE DATA: 17% REFUSE TO PRODUCE THE DATA, CITING GERMANY'S DATA PRIVACY LAWS: 7% ATTEMPT TO OBTAIN THE CONSENT OF EMPLOYEES IDENTIFIED IN THE DATA, AND THEREAFTER PRODUCE: 30% ENCOURAGE THE DOJ PROSECUTOR TO PURSUE PRODUCTION OF DATA FROM GERMAN AUTHORITIES: 46% AMERICAN CONFERENCE INSTITUTE'S INTERNATIONAL CONFERENCE ON THE FOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC FCPACONFERENCE.COM 115 ATTENDEES ANSWERED:
- 4. A DOJ PROSECUTOR SUBPOENAS DATA RESIDING IN CHINA. THE DATA MAY CONTAIN INFORMATION CONSIDERED "STATE SECRETS" UNDER CHINESE LAW. WHAT SHOULD THE COMPANY DO? PRODUCE THE DATA: 3% REFUSE TO PRODUCE THE DATA, CITING CHINA'S STATE SECRETS LAW: 10% INTERVIEW AN EMPLOYEE REGARDING THE CONTENTS OF THE DATA, THEN DISCLOSE THE EMPLOYEE'S DESCRIPTION: 13% NOTIFY CHINESE AUTHORITIES, AND ASK FOR PERMISSION TO PRODUCE THE DATA AFTER THE AUTHORITIES HAVE HAD AN OPPORTUNITY TO REVIEW AND REDACT THE DATA: 75% AMERICAN CONFERENCE INSTITUTE'S INTERNATIONAL CONFERENCE ON THE FOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC FCPACONFERENCE.COM 147 ATTENDEES ANSWERED:
- 5. HYPOTHETICAL QUESTION: IS DISCLOSURE WARRANTED UNDER THE CIRCUMSTANCES? BENCHMARK AGAINST THE ANONYMOUS INDUSTRY POLLING RESULTS FROM ACI’S 32ND FCPA CONFERENCE | NOVEMBER 2015 FCPACONFERENCE.COM
- 6. NO: 35% YES, BUT ONLY IN THE US UNLESS LOCAL COUNSEL ADVISES OTHERWISE: 28% NO, UNLESS THERE IS A RISK THAT A WHISTLEBLOWER WILL DISCLOSE THIS INFORMATION TO US AUTHORITIES: 13% YES, BOTH IN THE US AND THE ASIAN COUNTRY BECAUSE THESE TWO COUNTRIES WILL LIKELY COOPERATE IN THE INVESTIGATION ANYWAY: 13% YES, BUT ONLY IF FURTHER INVESTIGATION SHOWS THAT US EMPLOYEES WERE AWARE OF THE CAYMAN ISLAND PAYMENTS: 11% AMERICAN CONFERENCE INSTITUTE'S INTERNATIONAL CONFERENCE ON THE FOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC FCPACONFERENCE.COM
- 7. MARK YOUR CALENDARS! PRE-REGISTER NOW | 888-224-2480 | FCPACONFERENCE.COM MENTION REGISTRATION CODE: B00-700-LNK17