Partners Martin Weinstein and Peter Burrell spoke at the premier legal and regulatory anti-corruption compliance event in Washington.
Litigation partner Martin Weinstein, who leads Willkie’s Compliance & Enforcement Practice Group, participated in “FCPA Moot Court: An Interactive Debate on An Interactive Debate on The Definition of ‘Government Official’ and ‘Disgorgement’.” This year’s Moot Court addressed two of the biggest sources of contention with respect to the FCPA. The debate focused on:
- When enough due diligence has been performed to satisfy the agencies and mitigate liability risks
- How to approach and overcome the challenge of identifying actual ownership of your business partners
- Conducting due diligence on your counterparties: tow to mitigate potential legal pitfalls
- The anticipated impact of the new beneficial ownership rule, who it applies to and what it means for shell companies in the United States
Mr. Weinstein also introduced the conference’s keynote speaker, Sally Q. Yates, Deputy Attorney General, U.S. Department of Justice.
Litigation partner Peter Burrell, who heads Willkie’s Litigation, Compliance and Enforcement and White Collar Defense Practices in the London office, participated in the panel “How to Overcome Real-Life Obstacles to Monitoring and Auditing Third Party Anti-Corruption Compliance,” focusing on the realities of different types of third party audits and the associated risk factors. The types of audits and issues discussed included:
- Government ownership
- Books and records
- Compliance structure of the third party
- Third party contracts with downstream third parties
- Access to records
- How to perform audits on longstanding vs. new business partners
- When audits should be done on a routine basis vs. only if there is a potential issue
- How to evaluate third party compliance with FCPA, and contractual terms and conditions
For more details about the event, please click here.