Coverage

DoJ points to sectors most vulnerable to corruption in LatAm

17 October 2014

Evidence from investigations around Latin America suggests that the extractive, utilities and health sectors are among those most vulnerable to corruption, says James Koukios, senior deputy chief of the fraud section in the criminal division of the US Department of Justice.

Leading lawyers get together for Latin Lawyer's 2nd anti-corruption and investigations conference

Leading lawyers get together for Latin Lawyer's 2nd anti-corruption and investigations conference

17 October 2014

Leading lawyers and compliance specialists from across the Americas came together for a one day conference in São Paulo yesterday to discuss some of the key challenges and trends affecting anti-corruption efforts in the region.

Chairs

Andrew Levine

Debevoise & Plimpton

Andrew Levine is a litigation partner at Debevoise & Plimpton LLP, where he focuses his practice on white collar criminal defence and internal investigations. He has conducted investigations throughout the world and frequently defends companies in criminal, civil, and regulatory enforcement matters. Mr. Levine regularly advises clients in Latin America and elsewhere on a broad array of anti-corruption matters, including conducting risk assessments and enhancing compliance programs. He has particular experience in managing anticorruption risks presented by potential transactions.

Renata Muzzi

TozziniFreire

Co-head of TozziniFreire's Compliance practice group since 2006, Renata focuses her practice on compliance matters, with particular expertise in internal investigations. Her experience includes general counselling in anti-corruption and compliance matters, development of compliance programs, trainings, risk assessments and anti-corruption audits in the context of M&A transactions. Renata frequently advises companies on a broad array of anti-corruption and anti-bribery matters, including conducting internal investigations and formulating compliance and anti-corruption programs.

Shin Jae Kim

TozziniFreire

A member of TozziniFreire's Executive and Management Committees, Shin co-heads the firm’s Corporate Compliance & Investigation practice group. Her practice focuses on mergers and acquisitions, corporate law, and regulatory compliance matters. With over 20 years of experience in mergers and acquisitions, advising investors from various countries in their inbound and outbound investments, she also counsels clients on their relationships with government bodies, compliance matters and corporate investigations. She is a member of the Board of Directors o the Society of Corporate Compliance and Ethics and member of the Board of Directors of the Compliance Certification Board. Graduate and specialized in Tax Law from Universidade de São Paulo, Shin holds an LL.M. in International and Comparative Law from Vrije Universiteit Brussel, Belgium.

Keynotes

James M. Koukios

Senior Deputy Chief, Fraud Section, Criminal Division, US Department of Justice

James M. Koukios is Senior Deputy Chief of the Fraud Section in the Criminal Division of the U.S. Department of Justice. In this capacity, James oversees the Fraud Section’s Foreign Corrupt Practices Act (FCPA), Securities and Financial Fraud, and Health Care Fraud Units. James first joined the Fraud Section as a Trial Attorney in the FCPA Unit in 2009. In 2012, he was promoted to Assistant Chief of the FCPA Unit, where, until his promotion to Senior Deputy in 2014, he led a team of dedicated trial attorneys who prosecute and investigate violations of the FCPA and related statutes by corporations and individuals. From 2010-2011, James served as special counsel to the FBI Director, advising the Director and other FBI executives on criminal policy issues.

Speakers

Jonathan S. Kolodner

Cleary Gottlieb Steen & Hamilton

Michael Diamant

Gibson, Dunn & Crutcher

Sean Hecker

Debevoise & Plimpton

Antenor Madruga

Feldens Madruga

Renato de Oliveira Capanema

General Coordinator for Integrity, Office of the Comptroller General

Lauro Celidonio Gomes dos Reis Neto

Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga

Ana Paula Martinez

Levy & Salomão

Jeffrey A. Lehtman

Richards Kibbe & Orbe

Hugo López Coll

Greenberg Traurig

María Lorena Schiariti

Marval, O'Farrell & Mairal

Wagner Giovanini

Compliance Director, Siemens AG

José Valentín González

D’Empaire Reyna

Lucinda A. Low

Steptoe & Johnson

Pyter Stradioto

Chief Compliance Officer, Embraer

Rogeria Gieremek

Executive Manager, Serasa Experian

Olga Pontes

Head of Compliance, Risk Management, Internal Audit and Ethics, Braskem

Marc L. Miller

Partner, KPMG

Flavia Ribas

Director of Fraud Prevention, Brasil Foods – BRF

Esther M. Flesch

Trench Rossi e Watanabe

Programme

8.00: Welcome coffee and registration

8.45: Chairs' welcome 

9.00: Deciphering the regulatory landscape underlying Brazil's anticorruption law 

Some states and cities already have issued regulations regarding the new anti-corruption law, but key components of the regulatory landscape remain barren. More regulation may yet appear before the conference and questions will abound about how the law may or may not be enforced. In any event, drawing upon different areas of legal expertise, what do legal counsel and compliance officers need to know? 

  • Conflict of jurisdiction and laws
  • Concurrent proceedings and cross-enforcement actions 
  • Overlapping penalties and mitigating factors 
  • Corporate civil and administrative liabilities versus individual civil and criminal liabilities
  • Possible impact of declarations of improbity 


Moderator:

Shin Jae Kim, TozziniFreire

Panel:

Antenor Madruga, Feldens Madruga

Lauro Celidonio Gomes dos Reis Neto, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga

Ana Paula Martinez, Levy & Salomão

Renato de Oliveira Capanema, General Coordinator for Integrity, Office of the Comptroller General 

10.00: Coffee break

10.30: Red flags from around the region 

While Brazil recently has attracted considerable attention on the anticorruption front, relevant risks and developments abound throughout the region as the countries attempt to meet international commitments such as the OECD Anti-Bribery Convention. Tailored and prioritised approaches to compliance are essential, including to monitor localised red flags and to learn from the experiences of others. Hear first-hand accounts, including about Argentina, Colombia, Peru and Mexico. 

  • Legislative updates and enforcement trends
  • Key cases and their potential impact on day-to-day business
  • Labour issues - how employment law can intersect with compliance considerations
  • Unique compliance issues in each country - data privacy, money laundering and more


Moderator:

Jeffrey A. Lehtman, Richards Kibbe & Orbe

Panel:

Hugo López Coll, Greenberg Traurig

María Lorena Schiariti, Marval, O'Farrell & Mairal

Wagner Giovanni, Compliance Director, Siemens AG

José Valentín González, D'Empaire Reyna

11.30: Coffee break

11.45: Real-life compliance problems - third-party risk

Enforcement actions regularly showcase the considerable anti-corruption risk posed by agents, distributors, consultants, and other third parties. Drawing on their deep professional experience, a panel of leading general counsel and chief compliance officers will discuss real-life and hypothetical compliance issues involving third parties, and how to resolve them. Topics will include: 

  • Risk-based due diligence - how best to screen third parties and when to say "no"
  • Best practices for requiring compliance - contracts, codes, training and more
  • Grappling with how much oversight is necessary
  • How and when to conduct a third-party audit 


Moderator:

Lucinda A. Low, Steptoe & Johnson

Panel:

Renata Muzzi, TozziniFreire

Pyter Stradioto, Chief Compliance Officer, Embraer

Embraer Rogeria Gieremek, Executive Manager, Serasa Experian

Olga Pontes, Head of Compliance, Risk Management, Internal Audit and Ethics, Braskem

12.45: Networking lunch 

14.00: Keynote speech 

James M. Koukios, Senior Deputy Chief, Fraud Section, Criminal Division, US Department of Justice 

14.45: Investigations - a practical guide 

Investigations are riddled with potential mistakes, which can be costly in many ways. A panel of leading lawyers will address a challenging corruption hypothetical involving a large internal investigation, discussing: 

  • Planning and strategising an investigation
  • Staffing - internal and external
  • Data mining, access, protection - and rights
  • Gathering evidence 
  • Dealing with regulators - to report or not report? 


Moderator:

Andrew Levine, Debevoise & Plimpton

Panel:

Marc L. Miller, Partner, KPMG

Flavia Ribas, Director of Fraud Prevention, Brasil Foods - BRF

Bruno Carneiro Maeda, Trench Rossi e Watanabe

Jonathan S. Kolodner, Cleary Gottlieb Steen & Hamilton 

15.45: Coffee break 

16.15: Symposium session 

A free-ranging session allowing all delegates and speakers to raise whichever issues they believe to be most critical - to be discussed and debated among the audience themselves. All delegates will be asked to submit questions in advance for discussion. 

Moderators:

Michael Diamant, Gibson, Dunn & Crutcher and Sean Hecker, Debevoise & Plimpton 

17.15: Closing remarks

17.30: All delegates are invited to attend a cocktail reception kindly hosted by Richards Kibbe & Orbe. 

Venue

Tivoli Hotel Alameda Santos, 1437 São Paulo, 01419-001, Brazil

Testimonials

  • "Excellent! It was even better than last year"

    Jose Valentin Gonzalez, D'Empaire Reyna Abogados

  • "The conference provided high level discussion about important topics and challenges for compliance professionals"

     

    Vera Rossana Martini Wanner, Gerdau