Coverage

CGU official: we have a coordination problem

CGU official: we have a coordination problem

16 October 2015

An official at Brazil's leading anti-corruption enforcer, the CGU, has questioned the role of another Brazilian government agency, the federal audit court, in overseeing leniency agreements for companies accused of corruption.

Brazilian prosecutors vie with CGU over Lava Jato settlements

Brazilian prosecutors vie with CGU over Lava Jato settlements

22 October 2015

Federal prosecutors overseeing the Petrobras corruption investigation are settling cases with companies under Brazil’s Clean Companies Act, lawyers say, even though the country’s main anti-corruption authority, the CGU, is mandated with negotiating such deals.

Chairs

Andrew Levine

Debevoise & Plimpton

Andrew Levine is a litigation partner who focuses his practice on white collar and regulatory defense, internal investigations and a broad range of complex commercial litigation. He regularly defends companies in criminal, civil and regulatory enforcement matters and has conducted numerous investigations throughout the world.Mr Levine frequently advises companies on compliance matters, including with respect to the US Foreign Corrupt Practices Act, and the assessment and management of risks presented by potential mergers, acquisitions and other transactions.

Renata Muzzi Gomes de Almeida

TozziniFreire

Partner at TozziniFreire's Compliance & Investigation practice group since 2006, Renata focuses her practice on compliance matters, with particular expertise in internal investigations. Her experience includes general counseling 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 heads TozziniFreire's Compliance & Investigation Practice Group. Well respected for her leading practice, Shin has about 25 years of experience in mergers and acquisitions and other transactional work, and advises investors from various countries in their inbound and outbound investments. She also counsels clients on their relationships with government bodies and corporate investigations. Shin is the head of the Asia Practice Group, directly coordinating the Korea and China groups.

Keynotes

Ellen Gracie Northfleet

President of the Special Committee for the internal investigation of Petrobras and former Chief-Justice of the Supreme Court of Brazil

Ellen Gracie Northfleet is an attorney in private practice and arbitrator in Rio de Janeiro. She currently serves on the Legal Board of the Federation of Industries of São Paulo – FIESP and acts as Vice-President of the Arbitration Chamber of that institution. She also serves on the Board of several Brazilian companies and on the Board of Directors of the World Justice Project.

Sung-Hee Suh

Deputy Assistant Attorney General, Criminal Division, US Department of Justice

Her responsibilities include supervising investigations and prosecutions of nationally and internationally significant criminal cases, including cases involving the Foreign Corrupt Practices Act (“FCPA”), securities and commodities fraud, health care fraud and government program fraud; formulating and implementing federal enforcement policies on white-collar crime; and coordinating interagency, multi-district and international law enforcement efforts.  

Speakers

James Aquilina

Stroz Friedberg

William Barry

Richards Kibbe & Orbe

Manuel Beccar Varela

Estudio Beccar Varela

David Bitkower

Principal Deputy Assistant Attorney General, Criminal Division, US Department of Justice

José Francisco Compagno

Ernst & Young

Fernando Cinci Avelino Silva

TozziniFreire

Adriana Dantas

Barbosa Müssnich Aragão

Felipe Dantas de Araujo

Director of Anti-Corruption Compliance, Walmart

Esther Miriam Flesch

Trench, Rossi e Watanabe

James Koukios

Morrison & Foerster

Jorge León-Orantes

Santamarina y Steta

Lucinda Low

Steptoe & Johnson

Renato Machado de Souza

Head of Disciplinary Board for Social Affairs, Controladoria-Geral da União (CGU)

Antenor Madruga

FeldensMadruga

Ana Paula Martinez

Levy & Salomão

David O'Neil

Debevoise & Plimpton

Luís Fernando Radulov Queiroz

Legal & Integrity - South America, ABB

Jeannie Rhee

Wilmer Cutler Pickering Hale and Dorr

Marcos Ríos

Carey y Cía

Alexandre Serpa

Director, Business Compliance Office, CVS Health (Drogaria Onofre)

Natasha Trifun

Regional Director of Integrity and Compliance, Latin America, Honeywell

F. Joseph Warin

Gibson, Dunn & Crutcher

Gary Zaugg

Associate General Counsel and Regional Compliance Director, Ingersoll-Rand

Programme

8.15: Welcome coffee and registration

8.45: Chairs' welcome

Andrew Levine, Debevoise & Plimpton
Renata Muzzi and Shin Jae Kim, TozziniFreire

9.00: Session one: Brazilian enforcement and challenges ahead

Half a year has passed since issuance of Decree n. 8,420/2015, regulating Brazil's Clean Company Act (CCA). Uncertainties persist. This session brings together experts from different areas of law for a vigorous debate regarding the outcome to date. The panel will consider to what extent the Decree has addressed major concerns involving the CCA and also discuss challenges that counsel and compliance officers face in interpreting the CCA and its regulations. Other topics for discussion include: 

  • Assessment of compliance programs: difficulties and concerns
  • Negotiation and execution of leniency agreements: current experience and perspectives
  • Enforcement of the CCA by the CGU and other governmental authorities, including related challenges of coordination

Moderator:

Shin Jae Kim,TozziniFreire

Panel:

Adriana Dantas, Barbosa Müssnich Aragão
Renato Machado de Souza, Head of Disciplinary Board for Social Affairs, Controladoria-Geral da União (CGU)
Antenor Madruga, FeldensMadruga 
Ana Paula Martinez, Levy & Salomão

10.00: Morning keynote

Ellen Gracie Northfleet,  President of the Special Committee for the internal investigation of Petrobras and former Chief-Justice of the Supreme Court of Brazil

10.30: Coffee break 

11.00 Session two: Hot topics in anti-corruption compliance

Corruption risks abound, and regulators' expectations regarding what constitutes an effective anti-corruption compliance program continue to rise, throughout Latin America and beyond. Having a well-written code of conduct is not enough. Effective compliance requires appropriate procedures and controls, including around training, certifications, diligence, monitoring, and testing. What issues keep in-house lawyers and compliance professionals up at night, and what lessons can be learned regarding how best to develop and enhance an anti-corruption compliance program? A seasoned group of in-house experts will address:       

  • Compliance risks posed by third parties: agents, distributors, consultants, etc.
  • Successor liability and associated problems from M&A, JV, and other transactional activity
  • Monitoring and testing to ensure the effectiveness of a compliance program
  • Appropriate handling of whistleblower complaints

Moderator: 

Andrew Levine, Debevoise & Plimpton

Panel:

Felipe Dantas de Araujo, Director of Anti-Corruption Compliance, Walmart
Luís Fernando Radulov Queiroz,  Legal & Integrity - South America, ABB 
Alexandre Serpa, Director, Business Compliance Office, CVS Health (Drogaria Onofre) 
Gary Zaugg, Associate General Counsel and Regional Compliance Director, Ingersoll-Rand
Natasha Trifun, Regional Director of Integrity and Compliance, Latin America, Honeywell 

12.00: Coffee break 

12.25: Session three: Anti-corruption regional roundup

Argentina, Chile, and Mexico each participates in the OECD Anti-Bribery Convention and similar international treaty regimes, but has been criticized by Transparency International and others for a lack of enforcement of their foreign bribery regimes. In recent years, there have been important legislative and enforcement developments in each of these countries, with domestic bribery and corruption issues at the forefront of public attention. The panel will explore these legal developments, focusing on important cross-cutting issues, including:

  • Legal responsibility of companies for acts of their employees
  • Expectations regarding corporate compliance programs
  • Relevant local customs and practices
  • Trends regarding whistleblowers
  • Expectations of enforcement authorities regarding corporate cooperation 
  • Collaboration among authorities in the hemisphere
  • Influence of the Brazilian experience on policymakers and enforcement authorities

Moderator:

Lucinda Low, Steptoe & Johnson

Panel:

Manuel Beccar Varela, Estudio Beccar Varela
Jorge León-Orantes, Santamarina y Steta
Marcos Ríos, Carey y Cía

13.25: Networking lunch sponsored by Ernst & Young 

14.40: Afternoon keynote

Sung-Hee Suh, Deputy Assistant Attorney General, Criminal Division, US Department of Justice

15.20: Session four: The new dawn of cybersecurity and related risks

With each passing day, the cybersecurity threats to companies and financial institutions become more severe and the tools of cybercriminals become more sophisticated. In this session, leaders in the fight against cybercrime - including the second-ranked official in the Criminal Division of the U.S. Justice Department - will examine cybersecurity challenges within Latin America and discuss how companies operating in the region can best protect and prepare themselves to address these risks. Drawing on both legal, enforcement, and digital forensic expertise, the panel also will address:

  • Lessons from litigation, regulation, and enforcement concerning cyber incidents in the U.S and elsewhere
  • Implications for multinational companies of cross-border data storage and transfer
  • Developments in Latin America and what they signal about the cyber threat in the region

Moderator: 

David O'Neil, Debevoise & Plimpton

Panel:

James Aquilina, Stroz Friedberg
Fernando Cinci Avelino Silva, TozziniFreire
David Bitkower, Principal Deputy Assistant Attorney General, Criminal Division, US Department of Justice
Jeannie Rhee, Wilmer Cutler Pickering Hale and Dorr

16.20: Coffee break

16.40: Session five: Investigations Q&A and debate

This will be a free-ranging and interactive session regarding internal investigations. All delegates and speakers will be encouraged to raise whichever issues within the investigations sphere they believe to be most critical - to be discussed and debated among the expert panellists. All delegates will be asked to submit questions in advance for discussion.

Moderator:

F. Joseph Warin, Gibson, Dunn & Crutcher

Panel:

William Barry, Richards Kibbe & Orbe 
José Francisco CompagnoErnst & Young 
Esther Miriam Flesch, Trench, Rossi e Watanabe 
James Koukios, Morrison & Foerster

17.40: Chairs' closing remarks

Andrew Levine, Debevoise & Plimpton
Renata Muzzi and Shin Jae Kim, TozziniFreire

17.45 onwards: 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

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    Aguilar Castillo Love

  • “Excellent. Top panelists. Very good form of devery-presentation! Love the discussion form.”

    Agne Sandberg, Executive Vice President
    Skanska

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    Procter & Gamble