Corruption: Enforcement, Compliance and Futility; Fighting Corruption in the Second Decade of the 21st Century
The U.S. Department of Justice and Securities and Exchange Commission, as well as foreign governments, are intensifying their enforcement efforts and now target entire industries. In the U.S. there are currently more than 150 active Foreign Corrupt Practices Act investigations. There is also enhanced enforcement of anti-corruption laws in the EU, China and Russia and a relatively new anti-bribery law in the U.K.
International lawyers and multinational businesses face enormous challenges in proactively implementing effective anti-corruption compliance programs. How is a multinational company to deal with this crazy quilt of laws and practices? Does the "uneven playing field" that results from the many national anti-bribery laws mean that counsel cannot devise an acceptable compliance program?
The panel, representing experienced lawyers from private practice, government, academia and NGOs, will discuss current enforcement activities and the elements of a strong anti-corruption compliance program.
International Anti-Corruption Committee, International Corporate Counsel Forum, International M&A Joint Venture Committee, International Securities and Capital Markets Committee, Russia/Eurasia Committee, International Procurement Committee, U.S. Lawyers Practicing Abroad Committee
Program Chair & Moderator:
A. BRUCE BOWDEN
Duane Morris LLP
Program Chairs & Speakers:
BRUCE W. BEAN
Michigan State University College of Law
East Lansing, Michigan
Ohio Northern University College of Law
JOHN S. (JAY) DARDEN
Patton Boggs LLP
PASCALE HELENE DUBOIS
The World Bank Group
HOWARD O. WEISSMAN
Lockheed Martin Corporation
Professor Bruce W. Bean began his international career upon graduation from Brown University as recipient of the first Thomas J. Watson Fellowship, which enabled him to spend a year in Southeast Asia studying student political activity. After receiving his law degree, Professor Bean clerked for Judge Leonard P. Moore on the U.S. Court of Appeals for the Second Circuit. He practiced law at Simpson, Thacher & Bartlett and then Patterson, Belknap Webb & Tyler, where he worked closely with Rudolph Giuliani, later Mayor of New York City. Professor Bean then worked as Counsel for Finance & Planning at the Atlantic Richfield Company in Los Angeles. He returned to New York as Executive Vice President and General Counsel of a diversified financial services company listed on the New York Stock Exchange. While in this position Professor Bean continued his active involvement in mergers, acquisitions and divestitures and actively lobbied on behalf of his company's interests in Washington.
Professor Bean lived and worked in Russia from March 1995 to August 2003. He was Managing Partner of Coudert Brothers' Moscow office until June 1998 when he became Head of Corporate and Foreign Direct Investment for Clifford Chance - Moscow, at the time the leading law firm in Russia and the world's largest international law firm. While in Moscow, he was active with the Gore-Chernomyrdin Commission and served as Chairman of both United Way Moscow and the American Chamber of Commerce in Russia. He was one of the original founders of the Russian Institute of Corporate Law & Governance.
At the College of Law Professor Bean teaches Business Enterprises, Strategic International Transactions, Doing Business in Transitional Political Systems, and the Jessup International Moot Court Competition and serves as Faculty Advisor to the Journal of International Law and informal advisor to the Military Law Society. Professor Bean is co-director of the LL.M. for Foreign Lawyers Program. He has previously taught at the University of San Diego's Moscow Institute in Russia and at Columbia University's Harriman Institute.
A. Bruce Bowden practices in the areas of international, general corporate and corporate finance law. Mr. Bowden has practiced in the international arena since the early 1970s.
Mr. Bowden has represented both overseas companies acquiring U.S. companies and U.S. investors in sales of U.S. interests to overseas companies. He has also represented U.S. companies in establishing foreign offices, subsidiaries and distribution networks. Overseas transactions have involved parties in North, Central and South America, in Europe, in the Middle East and in the Far East.
John Jay Darden
A former federal prosecutor, Jay Darden defends individuals and companies in white-collar criminal matters and government investigations. Mr. Darden focuses his practice on alleged health care fraud and abuse, as well as actions and investigations under the Foreign Corrupt Practices Act (FCPA). He also has experience in matters involving allegations of insurance fraud, securities and accounting fraud, mail and wire fraud, bank fraud, and money laundering.
Before joining Patton Boggs, Mr. Darden served in the Justice Department as Assistant Chief of the Criminal Divisionâ€™s Fraud Section, where he investigated and prosecuted white-collar crime on a national level. Mr. Darden personally conducted multiple corporate investigations, and personally prosecuted more than 50 individuals in Districts across the country.
Pascale Helene Dubois
Pascale Helene Dubois is a professor of law at Georgetown University and is the Evaluation and Suspension Officer for the World Bank.
In this position, Professor Dubois reviews sanctions cases brought against firms and individuals accused of fraud and corruption in connection with Bank-financed projects. She also decides whether to suspend the contracting eligibility of the firms and individuals that are subject to sanctions proceedings. Professor Dubois has been involved with the Bank’s anti-corruption efforts for close to a decade.
Prior to her appointment as Evaluation and Suspension Officer in the spring of 2007, Professor Dubois managed the Voluntary Disclosure Program (VDP) in the World Bank's Department of Institutional Integrity (INT). Before joining INT, Professor Dubois worked for seven years in the World Bank's Legal Department as Senior counsel for the Africa Region. In that position, she provided legal advice in support of a variety of Bank-financed projects throughout the region, with a special focus on private sector development, legal reform and anti-corruption initiatives.
Professor Dubois came to the World Bank after a ten-year career as a transactional attorney in the private sector, specializing in international mergers and acquisitions and strategic alliances. She has worked for law firms and corporations in New York, Houston, Brussels and Washington, D.C. Professor Dubois speaks frequently to audiences in both the public and private sectors about the World Bank's sanctions process and international efforts to combat corruption. Dubois was named by Ethisphere Magazine as one of the "100 Most Influential People in Business Ethics for 2007."
Professor Dubois is a member of the Bars of the State of New York and the District of Columbia. She is also a Certified Fraud Examiner (CFE) and Co-Chair of the ABA Section of International Law’s Anti-Corruption Committee.
Professor Elena V. Helmer is a Visiting Assistant Professor of Law. She received her law degree with honors from Kazakh State University School of Law and an LL.M. from Yale University Law School. She has taught in law schools in Russia, Kazakhstan, and the United States. Her numerous presentations, articles and books, include International Commercial Arbitration (in Russian), written under an International Policy Fellowship from the Open Society Institute.
Howard Weissman is the Vice President & Associate General Corporate Counsel of Lockheed Martin.
Bruce Bean reads part of Section 7 of the UK Bribery Act and its accompanying guidance to illustrate the futility of trying to comply with the regulation. "If you can show that you did all 231 items in the checklist, you have a prayer," he says.