Construction Super Conference 2018

Sessions Speakers Exhibitors Floor Plan Buzz

S33 Constructing a Solid Foundation: Ethical Implications of Mitigating Global Corruption Risks (Room Encore Ballroom 6)

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

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

The global construction industry involves huge and complex projects in far-flung locales. This complexity, coupled with varied cultural and business norms of the project locations, and significant public sector involvement in particular jurisdictions, leave this industry highly susceptible to allegations of bribery and corruption. Both U.S. prosecutors and their foreign counterparts have made the prosecution of global corruption a signature priority, and many of these high profile actions have involved construction and engineering companies. This presentation will discuss recent case studies involving anti-corruption actions against construction and engineering firms brought by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and their most energetic foreign counterpart, the UK Serious Frauds Office, and the lessons to be drawn from these actions. We will also discuss the applicable legal framework, including the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Finally, we will consider the ethical implications confronting in-house counsel when evidence of illegal conduct is uncovered, drawing upon notable recent examples, including at Keppel Offshore & Marine Ltd., PetroTiger, and Walmart. The panel will provide in-house, outside counsel, and prosecutorial perspectives on: the robust risk assessments that construction and design firms need to undertake; the essential features of rigorous anticorruption policies and procedures; and (in the worst case scenario) how best to remediate in light of guidance from DOJ and its recent FCPA Corporate Enforcement Policy. A former Assistant US Attorney will discuss the recently formalized DOJ policy and the costs and benefits to consider in whether to disclose potential violations to authorities in the hope of gaining cooperation credit. This presentation will offer timely insights to anyone involved in international construction.

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

  • Gain familiarity with substantive anti-corruption laws.
  • Gain practical guidance on compliance policies, procedures, and practices to implement.
  • Gain heightened sensitivity and awareness to ethical implications of discovering unlawful conduct and the appropriate remedial measures to take.