Fireside Chat

FCPA Penalties and Their Hidden Lessons: The Most Critical, Lesser-Known Takeaways from Recent Settlements

September 24, 2020 1:00pm

Cornelis van Ophem
Global General Counsel & EVP
Fresenius Medical Care

Enforcement Actions

  • Analysing DOJ and SEC developments:
    • check-to-cash, charities and travel/gifts/entertainment and customs payments
    • Warehousing/storage, consultancy & commission payments
    • Direct commission payments, agency and distribution
    • Employee bonus payments and services company
  • Quantifying the direct and intangible impact of misbehaviour to an organisation

DPAs, NPAs, Settlements and Remediation

  • Key lessons learned in respect to:
    • DOJ and SEC standards of proof
    • Timing of disclosure
    • Selecting outside counsel
  • Strengthening corporate culture at all levels of your organisation.