The document summarizes the results of a survey of attendees at an FCPA conference on how companies should handle various investigations and legal issues related to bribery and corruption. In one scenario, a majority of attendees thought a company conducting an internal investigation into alleged bribes should orally summarize evidence for government authorities rather than sharing documents. In another scenario, most attendees thought a company should notify Chinese authorities if US authorities subpoenaed data that contained Chinese state secrets.

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