Canadian Forum on Bribery and Foreign Corruption

03.31.08
Location: The Fairmont Royal York; Toronto, Canada

Homer E. Moyer, Jr. speaks on the topic "Conducting Effective CFPOA/FCPA Due Diligence in Cross-Border Mergers, Acquisitions and Financings."

  • How to evaluate a target’s anti-corruption compliance through the analysis of its
    • governing legal framework
    • policies and procedures, training, auditing and internal controls
    • historical risk issues
  • What to do if pre-merger due diligence efforts reveal problems
    • evaluating public disclosure obligations under ad hoc and materiality standards
    • pros and cons of disclosure to authorities in relevant countries
    • situations that warrant additional due diligence or investigatory work
    • role of outside counsel and forensic auditors
    • interviews/evidence summaries/real time updates
  • Assessing regulatory risks prior to closing and other transactional issues
  • Post-closing issues to consider
    • compliance programs and internal controls in the new entity
    • evaluating post-closing disclosure obligations
    • addressing post-closing investigations and regulatory
      obligations
Related Files
Canadian Forum on Bribery and Corruption 2008
Related Links