Construction Super Conference 2018

S32 Construction Corruption and Compliance: What the Regulators are Looking At and What You Can Do to Avoid Liability (Room Encore Ballroom 7)

12 Dec 18
10:15 AM - 11:30 AM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating

The panel will focus on techniques for identifying and managing a construction company's corruption risk, and remediation when potential issues are identified. Specific topics will include:

  1. Current global, federal, and selected state and local corruption and fraud enforcement trends, with a focus on the FCPA and UK Bribery Act on the global and federal level, and selected state and local corruption and anti-fraud laws and actions.
  2. Techniques for identifying and assessing enterprise corruption risk, including through the use of advanced data analytics.
  3. Techniques for conducting an internal investigation if any potential issues are identified, including how to structure international internal investigations to account for the different privilege laws in different jurisdictions and the local jurisdiction's data privacy rules.
  4. Pros and cons of voluntary disclosure to the government and how to do it.

Upon completion of this session, participants will be able to:

  • Understand the current global, federal, and selected state and local anti-corruption and anti-fraud enforcement trends and how regulators in different countries are increasingly working together on cross-border investments.
  • Identify and manage the company's corruption risk, by understanding that early identification puts the company in the best position to take effective remedial action. If potential issues are identified of an international nature, attendees will learn how to conduct an internal investigation of cross-border corruption allegations, while maintaining the privilege and adhering to applicable data privacy laws.
  • Determine whether to voluntarily disclose to the government and how to self-disclose. This decision is vital in light of the expectations of regulators that companies self-disclose and the benefits of voluntary and timely self-disclosure. Knowing how to self-disclose is essential to mitigate against risk of additional regulatory exposure or add-on third party litigation.

https://www.constructionexec.com/article/are-prosecutors-targeting-construction-projects

https://bnanews.bna.com/white-collar-and-criminal-law/insight-avoid-surprisestake-note-of-different-privilege-laws-in-cross-border-investigations