No Turning Back: 40 Years of the FCPA and 20 Years of the OECD Anti-Bribery Convention: Impact, Achievements and Future Challenges

November 9, 2017

Experts discussed the FCPA and OECD Anti-Bribery Convention at a conference organised by the U.S. Department of Justice, U.S. Securities and Exchange Commission and the OECD.  The conference took place in New York on 9 November 2017 and was hosted by the New York University School of Law’s Program on Corporate Law and Enforcement. 

With the FCPA’s enactment 40 years ago and 20 years after the adoption of the OECD Anti-Bribery Convention, the global fight against corruption has changed forever. This conference examined the major impact of these ground-breaking instruments on corporate behaviour and law enforcement priorities. It explored the crucial role of cooperation between nations in investigating and prosecuting foreign bribery and the effectiveness of different approaches to corporate responsibility for bribery. The conference culminated with a discussion of the next era in FCPA enforcement and implementation of the Anti-Bribery Convention.

Conference Agenda: View Here

Keynote Speakers:
Kenneth Blanco, Acting Assistant Attorney General, Criminal Division, United States Department of Justice
Steven Peikin, Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission

Text of Acting Assistant Attorney General Kenneth Blanco's speech can be viewed here
Text of Co-Director Steven Peikin's speech can be viewed here

Presentations and Panels:

Opening Remarks

  • Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions
  • Sandra Moser, Acting Chief, Fraud Section, Criminal Division, U.S. Department of Justice

U.S. Department of Justice Keynote Address: Kenneth Blanco, Acting Assistant Attorney General, Criminal Division, United States Department of Justice

Panel 1: The FCPA and the OECD Anti-Bribery Convention: A Historical Perspective
Moderator: F. Joseph Warin, Partner, Gibson, Dunn & Crutcher
Panelists

  • Kara Brockmeyer, Partner, Debevoise & Plimpton
  • Mark Pieth, Former Chair, OECD Working Group on Bribery in International Business Transactions

Panel 2: The FCPA’s Impact on Corporate Behavior
Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law
Panelists

  • Laurent Cohen-Tanugi, Managing Partner, Laurent Cohen-Tanugi Avocats; Independent Compliance Monitor
  • Charles Duross, Partner, Morrison Foerster
  • Andreas Pohlmann, Partner, Pohlmann & Company
  • Kathryn Reimann, Chief Compliance Officer and Managing Director, Citibank, N.A. and Citi Global Consumer Banking

Panel 3: The OECD Anti-Bribery Convention’s Impact on Bribery and Corruption over the Last 20 Years
Moderator: Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions
Panelists

  • Rachel Brewster, Professor, Duke University School of Law
  • Kevin Davis, Beller Family Professor of Business Law, NYU School of Law
  • Fritz Heimann, Director, Coalition for Integrity; Founding Member of Transparency International
  • Paul Lagunes, Assistant Professor, School of International and Public Affairs, Columbia University

Panel 4: Implementing the OECD Anti-Bribery Convention: Diverse Approaches
Moderator: Nicola Bonucci, Director for Legal Affairs, Organisation for Economic Co-operation and Development
Panelists

  • David Green, Director, Serious Fraud Office, United Kingdom
  • Daniel Kahn, Chief, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice
  • Eric Russo, First Deputy Prosecutor, National Financial Prosecutor’s Office, France
  • Yoshimitsu Yamauchi, Director, International Affairs Division, Criminal Affairs Bureau, Ministry of Justice, Japan

U.S. Securities and Exchange Commission Keynote Address: Steven Peikin, Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission

Panel 5: Globalization: Increased Foreign Bribery Risks and Increased Opportunities for Cooperation
Moderator: Mark Pieth, Former Chair, OECD Working Group on Bribery in International Business Transactions
Panelists

  • Charles Cain, Acting Chief, FCPA Unit, Division of Enforcement, U.S. Securities and Exchange Commission
  • Marianne Djupesland, Senior Public Prosecutor, Anti-Corruption Team, Økokrim, Norway
  • Sergio Bruno Cabral Fernandes, Public Prosecutor, Prosecution Office of Federal District and Territories, Brasília-DF, Brazil
  • Darryl Wegner, International Corruption Unit, U.S. Federal Bureau of Investigation

Panel 6: Corporate Liability for Foreign Bribery
Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law
Panelists

  • Samuel Buell ‘92, Bernard M. Fishman Professor of Law, Duke University School of Law
  • Markus Busch, Head of Division, German Federal Ministry of Justice and Consumer Protection, Germany
  • Pascale Dubois, Vice President for Integrity, World Bank Group
  • Robert Luskin, Partner, Paul Hastings, LLP

Panel 7: The FCPA and the OECD Anti-Bribery Convention: Unfinished Business
Moderator: Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions
Panelists:

  • Katherine Choo, Chief Investigative and Anti-Corruption Counsel, General Electric
  • Peter Eigen, Founder and Advisory Council Chair, Transparency International
  • Patrick Moulette, Head, Anti-Corruption Division, Organisation for Economic Co-operation and Development
  • Matthew Stephenson, Professor of Law, Harvard Law School

Closing Remarks

  • Nicola Bonucci, Director for Legal Affairs, Organisation for Economic Co-operation and Development