05.27.2020
Podcast
On this episode of EMBARGOED!, Brian and Tim dissect the latest attempt by the U.S.
- Retained by the Audit Committee of a Latin American national oil company to conduct an internal investigation into allegations of approximately $4B in cost overruns in connection with the construction of a refinery by one of its subsidiaries. The engagement included management of inquiries from government regulators and the company's external auditor and built upon our years as FCPA compliance and investigations counsel for the company.
- Served as a company's core outside investigative counsel following its parent company's multi-billion-dollar global settlement for foreign bribery. In our role as investigation counsel, we assisted the company in handling sensitive issues throughout the region, utilizing Spanish and Portuguese fluency and coordinating with the company's Independent Compliance Monitors in the United States and Brazil.
- For a $38 billion global private equity firm focused on oil and gas and alternative energy sectors that has numerous portfolio companies operating in Latin America, we assist the firm with performing internal investigations of alleged misconduct at the portfolio company level and developing and supporting portfolio company compliance programs.
- Represented a major energy company that obtained a declination in a bribery investigation conducted by the SEC and DOJ and focused on Latin America's Southern Cone, with an ancillary investigation by the U.K. Serious Fraud Office (SFO). The investigation, which lasted for seven years, involved extensive document review, forensic imaging, and multiple agency interviews of company personnel, including very senior management. Lawyers involved in the investigation included FCPA lawyers with fluent Spanish language.
- Following extensive vetting by the DOJ and SEC, one of our senior attorneys was appointed to serve as an Independent Compliance Monitor for a major Chilean company listed on a U.S. exchange pursuant to an FCPA disposition arising out of conduct in Latin America. We assessed all aspects of the company's compliance program, including protocols for and execution of internal investigations and responses to external government inquiries, and recommended improvements.
- Represented a cooperating witness in an extensive FCPA investigation related to the participation of international companies in public contracting in Venezuela.
- Conducted a world-wide investigation of potential OFAC violations for international trade insurance provider and defended a related OFAC subpoena arising out of conduct in Panama.
- Defended a corporate client in Brazil's investigation of cartel activity in the freight-forwarding industry. As part of the investigation in Brazil, our attorneys oversaw a team of local lawyers and directed the company's defense to ensure the company was taking a consistent approach globally.
- Retained by an international beverage producer, distributor, and manufacturer to provide anti-corruption compliance advice on an internal review of a newly acquired entity, including advice on post-integration due diligence and related integration activities. Our work included interviewing compliance personnel, identifying and conducting due diligence into high risk third parties, and reviewing documents and samples of relevant transactions.
- Represented a large Venezuela-based oil logistics company in licensing and potential enforcement proceedings related to U.S. sanctions against Venezuela.
- Represented the first private, Mexico-based oil and gas exploration company created after Mexico's historic reform of its energy sector to build its anti-corruption compliance program and manage corruption risks when they arise. The work included conducting formal risk assessments, performing compliance trainings, advising on contractual agreements, and conducting third-party due diligence.
- Represented the Audit Committee of a major Brazil-based multinational company in conducting investigations in Brazil, Argentina and elsewhere with respect to potential improper payments to government officials, money laundering and violations of food quality and safety regulations. Our role in this matter involved extensive interaction with the DOJ and SEC as well as the Brazilian CGU, MPF, and local prosecutors throughout Brazil.
