María González Calvet Examines Key FCPA Compliance Considerations for Brazilian Companies
On September 13, anti-corruption and international risk and Latin America initiative co-leader, María González Calvet, participated in a panel with Chris Cestaro and Steve Spiegelhalter, moderated by Sergio Moro. They discussed complex issues related to corporate internal investigations involving the FCPA and what Brazilian companies should consider in complying with the requirements of US law, offered from the perspective of former U.S. Department of Justice (“DOJ”) prosecutors, currently in private practice. Panelists provided an overview of the FCPA and its extraterritorial reach, best practices for Brazilian companies, differences between government and corporate internal investigations, and international coordination in FCPA investigations and settlements, particularly the relationship between the U.S. and Brazilian authorities. They also explored corporate liability for employee’s criminal conducts, challenges in conducting witness interviews, attorney-client privilege and work product doctrines, whistleblower protections and incentives, anti-bribery and anti-corruption (“ABAC”) compliance programs and the DOJ’s Compliance Guidance, and self-disclosure in light of the DOJ’s “Corporate Enforcement” and “Pilling On” policies.