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FCPA & Anti-Bribery
2022 Alert
Hughes Hubbard & Reed LLP
A New York Limited Liability Partnership • One Battery Park Plaza
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© 2022 Hughes Hubbard & Reed LLP
Anti-Corruption and Internal
Investigations Practice Group
PARTNERS
Kevin T. Abikoff
Derek J.T. Adler
Robert B. Bell
Benjamin Britz
Charles W. Cohen
Félix de Belloy
Kenyen Brown
Michael A. DeBernardis
Diego Durán de la Vega
Ryan Fayhee
Anne Hukkelaas Gaustad
Terence Healy
Michael H. Huneke
Salim Jorge Saud Neto*
Christine Kang
Neil J. Oxford
Laura N. Perkins
Bryan J. Sillaman
FCPA & Anti-Bribery 2022 Alert Hughes Hubbar
Anti-Corruption and Internal Investigations Pract
Contributions Executive Editors Ke
Introduction “A man gotta have a code” — Om
Table of Contents CHAPTER 1 • HIGHLIGHTS, TREN
Table of Contents continued A C
Table of Contents continued Tim
1 Chapter Highlights, Tre
Recent Highlights The past year has seen several
Minister of Finance of Mozambique, are also
States’ national security, and that countering co
Amec Foster Wheeler Agrees to Pay over $40 Millio
Pandora Papers Expose Offshore Dealings of World
regulations and implementation measures
its entry into force, 84 “controls” have been per
Trends & Lessons The combination of resolved act
In addition, U.S. enforcement authorities have co
the recent guilty plea of former Glencore trader
company’s compliance program must have adequate a
other things, train new employees, reevaluate thi
implementation of an effective corporate complian
that such tasks are actually performed by obtaini
Companies Moving into International Business Must
By the Numbers Total amount, in dollar
2 Chapter FCPA
FCPA Elements and Penalties The FCPA has two fun
variously described in the pertinent authorities
defense to an FCPA prosecution if the payment, gi
fine exceeds the maximum fine under the FCPA.24 Ind
Tracking Policy Developments THE FIGHT AGAINST C
• Enhancing the ability to provide investigati
violations, in English or Spanish, of United Stat
FCPA Settlements and Enforcement Actions AMEC FO
Conduct Between 2011 and 2014, AFWEL, then Foste
agent and the Brazilian intermediary. At least $8
influence to ensure that government contracts were
be withdrawn in cash from one of Bravo’s bank acc
Conduct Starting in late 2011, Mozambique govern
Although the LPN offering circular included proje
program and internal controls; however, the bank
This is the second FCPA resolution for the German
with him and beginning to make payments under tha
Resolution In connection with the DOJ and SEC re
ISSPOL between 2014 and 2020 in exchange for bein
GUNVOR GROUP—RAYMOND KOHUT On April 6, 2021, Ra
In late 2019 and early 2020, Gunvor Group complia
In December 2016, Odebrecht S.A., a Brazil-based
moved more than $170 million through Meinl Bank u
Beginning in 2011, Comoretto and Hector Nunez Tro
UNITED STATES V. ANTHONY STIMLER On July 26, 20
delivery dates and grades of oil. Similarly, in M
UNITED STATES V. NAMAN WAKIL On August 3, 2021,
In the years before his indictment, Wakil had bee
The Bribery Scheme According to the indictment,
WPP PLC On September 24, 2021, the SEC announce
In India, WPP acquired a majority interest in a H
paid approximately $107,000 to a third-party vend
3 Chapter France: Anti-Co
France Anti-Bribery Update In 2016, France insti
fines against companies can be multiplied by up to
Scope Offenses eligible for a CJIP. CJIPs were i
from conducting certain corporate activities, suc
Questions regarding legal privilege. The PNF/AFA
investigative magistrate or at trial. In contrast
cooperation of the company in the criminal invest
gains and (ii) to adjust the amount of the fine to
International coordination. The PNF/AFA Guideline
• Internal whistleblowing procedures designed
purposes of its mission to help organizations pre
• Top management’s commitment to preventing an
mitigating measures in order to determine to what
tasks are carried out in compliance with the comp
• Anti-Corruption Compliance Function. The Gui
Control Mission Process The AFA can initiate con
interviews conducted by the AFA in this context w
Since the AFA is responsible for reviewing compli
compliance programs. The AFA also recalled that t
• Accounting Controls: the AFA has stated that
it must inform the AFA of this offense before com
become aware of in the context of their mission w
SUCCESSOR LIABILITY FOR CORRUPTION OFFENSES In
ruled that “the acquired company does not truly q
or sociétés par actions simplifiées) and which clo
to the public interest, of which he or she has pe
the EU Directive appears to provide for more flexi
Recent Enforcement Actions 2021 Systra SA On Jul
Bolloré SE and Financière de l’Odet On February 9
2020 Airbus SE On January 29, 2020, Airbus SE (“A
4 Chapter Anti-Corruption
Brazil OVERVIEW Beginning with “Operation Car
Below we highlight the most relevant settlements
Samsung Heavy Industries On February 22, 2021, S
Relevant Leniency Agreements entered into by Braz
In July 2017, former President Luiz Inácio Lula d
While there is still public support for the inves
In September 2020, the federal prosecutor Deltan
Governor of the State of Rio de Janeiro, Wilson W
Agreements, and any regulation issued with respec
China China has maintained its momentum in anti-
The Pilot Program Plan also encourages regional p
Guidelines are the “red line” for pharmaceutical
Mexico A 2015 constitutional reform has led to a
New Institutions A key focus of the NAS was the
Local anti-corruption systems • As part of the NA
Under Article 25 of the Administrative Responsibi
service jobs, positions or commissions and partic
Citizens’ Participation Committee obtained a cour
which means that the appointments at the Citizen
ban on holding public office. According to statem
There are, however, certain whistleblower protect
United Kingdom OVERVIEW The UK Bribery Act 201
RELEVANT GUIDANCE The SFO has published insight
or “Guidance”). The SFO stipulated that it publis
Evaluation of Defenses • In evaluating whether a
Although there is no single correct approach to c
Guidance, the SFO makes clear that the DPA Guidan
The DPA Guidance makes clear no company is entitl
Earlier in the year, the SFO concluded its invest
5 Chapter Multilateral
Context Multilateral development banks (“MDBs”)
Overview of MDB Sanctions Regimes WORLD BANK GRO
Where the SDO or the applicable EO determines tha
Sanctions Board may also hold a hearing at the re
Settlements In addition to contested and unconte
The Sanctions Procedures of the African Developme
Reply. If PIAC includes new evidence or arguments
INTER-AMERICAN DEVELOPMENT BANK GROUP SANCTIONS R
The Sanctions Committee reviews the record, inclu
OTHER MDB SANCTIONS REGIMES: HIGHLIGHTS Certain
Mitigating Factors Described in World Bank
marketing staff, who had allegedly processed the
Moreover, recent Sanctions Board Decisions indica
credit to select respondents culpable of obstruct
The Sanctions Board also expects internal investi
International Cooperation and Referrals Companie
6 Chapter Arbitration
Transnational Corruption Issues in Internat
Vantage Deepwater v. Petrobras FACTUAL
damages totaling over USD 100 million based on Va
Vantage argued that the Agreement was valid becau
COURT PROCEEDINGS FOLLOWING THE ARBITRAL AWARD
violated public policy.” Echoing the District Cou
Rutas de Lima v. Metropolitan Municip
The Municipality relied on various investigations
Municipality stated that “since the award, new ev
Alexander Brothers v. Alstom FACTUAL BACKGROUND
Reliance on Red Flags During the arbitration, Al
• By its own admission, ABL was able to influen
In a first decision dated April 10, 2018, the Pari
The court determined that “where the arbitration
Bariven v. Wells Ultimate Service FACTUAL BACKGR
Mr. Rincón allegedly attempted to conceal this sc
to be so closely connected to corruption if: (i)
For more information, please contact: KEVIN T. A