William Barry and Brian Fleming will speak at the C5 4th Advanced Conference on Anti-Corruption & Compliance Programmes Switzerland, a virtual event, on September 23, 2020.
- Pursuant to resolutions with the DOJ and SEC, Kathryn Cameron Atkinson served from 2009-2012 as a company's Independent Compliance Monitor. Ms. Atkinson's mandate was to review and assess the company's global anti-corruption compliance program and its internal controls designed to prevent corrupt payments.
- We are conducting an independent investigation into potential FCPA violations in a U.S. company’s Asian and American offices, as well as handling the company’s voluntary disclosure to the DOJ. Miller & Chevalier was engaged after a whistleblower raised a concern. We have been involved from the beginning, launching an independent internal investigation that will meet the DOJ’s standards. We have conducted a large, yet targeted review of emails and other documents, while conducting more than 50 interviews of current and former employees, agents, and consultants. We are preparing to disclose the investigation’s findings to the DOJ, and also advising the company on compliance enhancements going forward.
- In 2011, we conducted a global assessment of a client’s FCPA, export controls, and Code of Conduct compliance program. The assessment involved site visits to domestic and international operations, dozens of interviews with employees, and review of the company’s paper compliance program. We presented our findings and recommendations to the client’s Board of Directors.
- We are representing a client before the DOJ and SEC in response to letters of inquiry from those agencies seeking information regarding the client’s interactions with foreign officials in seven countries. We are coordinating the response and, as needed, conducting reviews in the seven countries. We are presenting information to the government regarding the client’s compliance program and working to further enhance the program.
- We assisted a client to implement FCPA compliance enhancements required by the DOJ in its settlement with the agency. The representation included creating compliance policies, training, and testing procedures that required approval by the client’s Independent Compliance Monitor. In addition, we conducted numerous investigations and compliance assessments for the client in multiple countries, including Kazakhstan, Egypt, Gabon, Equatorial Guinea, Congo, Nigeria, Angola, Oman, Saudi Arabia, India, China, Indonesia, Vietnam, Malaysia, and Brazil.
- Represented a client in conducting an internal investigation and voluntary disclosure to the DOJ and SEC. Miller & Chevalier then developed a comprehensive new anti-corruption compliance program to address the weaknesses in the company’s program that has permitted the violations to occur. Under the terms of its Deferred Prosecution Agreement, the company was required to retain an Independent Compliance Monitor. Miller & Chevalier assisted in the selection of the Monitor and served as the company’s primary interface with the Monitor. We have since served as primary FCPA compliance counsel for the company, and conducted pre-acquisition, on-the-ground due diligence of a company with operations in Asia, Southern Africa, the Middle East, and South America.
- Following a request by a client for us to evaluate and/or investigate approximately 150 possible FCPA violations, we proposed a plan of action that the company provided to the SEC for investigating a selected number of these instances and for dealing with the remainder on a systemic basis through enhancements to the company’s FCPA compliance program. This engagement has required the presence of Miller & Chevalier lawyers in approximately a dozen different countries, including countries in Europe, Africa, Central Asia, and the Far East.