Pre-Conference Workshops

A Complete Guide to Conducting an Effective Anti-Corruption Risk Assessment: How to Identify Red Flags and Determine Your Company’s Risk Profile

Nov 11, 2015 2:00pm – 

Speakers

Palma Scardaccione
Legal & Compliance Specialist
Vodafone Italy

Andrea Pedeferri
Partner
Studio Legale Ferrari Pedeferri Boni

A Deep Dive Into Risk-Based Third Party Due Diligence: Strategies for Devising a Sound Third Parties Governance Programme

Nov 11, 2015 6:30pm – 

Speakers

Roberto Giambelli
Global Compliance Manager
Magneti Marelli

Day 1 - Thursday, November 12, 2015

8:30
Registration and Welcome Coffee
9:00
Opening Remarks from the Co-Chairs
9:15
One Year in Review: Latest Updates, Recent International Corruption Cases and How They Impact Your Cross-Border Operations
10:15
Networking Coffee Break
10:30
Corporate Governance Models to Protect Directors’ Liability: How to Establish Effective Risk & Compliance Management and Report Relevant Information to the Organismo di Vigilanza
11:45
The Recent Legislative Updates on Italian Anti-corruption Law: What is the Impact on Compliance and Risk Management Strategies
12:30
Networking Lunch
1:45
The Tax Authorities and The Financial Police Talk About Anti-Corruption Enforcement in Italy
2:30
Managing Complex Multi-Jurisdictional Anti-Corruption Investigations, How to Coordinate the Optimum Defence Strategy and Protect Privacy
3:45
Networking Coffee Break
4:00
How to Coordinate the Anti-Corruption Compliance Programme and the 231 Model in Multinational Groups with an Italian Holding Company
4:45
How to Minimise the Risks Related to Gift and Hospitality: How to Keep your Policy Current and Get Support at All Levels of Your Company
5:30
The Face of Private Corruption: How to Assess and Manage the Risk
6:00
End of Day 1

Day 2 - Friday, November 13, 2015

8:30
Welcome Coffee
9:15
Opening Remarks from the Co-Chairs
9:30
Effective Third Party Oversight and Monitoring Programme: Identifying Risks Post Contract and Minimising Reputation Risk when Operating in Emerging Markets
10:30
The Self-Laundering Offense: How to Assess the Risk and Update your Company’s Model, Management and Internal Controls
11:00
Coffee Break
11:15
A Practical Guide for Conducting Effective Internal Investigations into Bribery and Corruption Allegations
12:00
Overcoming Challenges in Implementing Effective Whistleblowing Hotlines
12:45
Networking Lunch
2:00
Focus on EXPO, FIFA and Other Large Sporting Events Pitfalls: How to Minimise Corruption and Bribery Risks
3:00
Leveraging Data Analytics to Detect Internal Fraud and Corruption, to Improve Compliance and Investigative Outcomes
4:00
Networking Coffee Break
4:15
Enhancing the Evolving Role of Internal Audit in an Effective Anti-Corruption Compliance Programme
5:00
Chair’s Closing Remarks and Conference Ends

Day 1 - Thursday, November 12, 2015

8:30
Registration and Welcome Coffee
9:00
Opening Remarks from the Co-Chairs

Alessandro Musella
Partner
Bonelli Erede Pappalardo

Antonino Cusimano
General Counsel and Executive Vice President Legal Affairs
Telecom Italia

9:15
One Year in Review: Latest Updates, Recent International Corruption Cases and How They Impact Your Cross-Border Operations

Thiago Jabor Pinheiro
Partner
Mattos Muriel Kestener

  • Brasil, the Petrobras case:
    • What was the alleged corruption scheme?
    • The impact of the investigation on the company and its far-reaching repercussions
  • Latest SFO enforcement trends
  • What are the legal liabilities of the Chief Compliance Officer after Alstom?
  • The U.S. SEC charges against BHP Billiton in the absence of anti-bribery violations
  • The u.s. DOJ Investigations and prosecution activities involving FIFA
  • The relentless cooperation among international enforcement authorities
  • The individual liability provided for in FCPA: risk and consequences
  • The latest FCPA Guidelines: practical considerations

10:15
Networking Coffee Break
10:30
Corporate Governance Models to Protect Directors’ Liability: How to Establish Effective Risk & Compliance Management and Report Relevant Information to the Organismo di Vigilanza

Ulisse Spada
General Counsel
Piaggio & C. SpA

Michelangelo Chiaramida
Legal Counsel EMENA
Gilbarco Veeder-Root

Piefrancesco de Rossi
General Counsel Legal & Compliance
Siemens

Alessandra Ferrari
General Counsel
A2A

Marcello Bianchi
Head of Corporate Governance
Italian Securities and Exchange Commission (CONSOB)

Moderated by:

Francesco Giliotti
Legal Director Contracts, Corporate Affairs, Compliance & Legal Process Units
Barilla Holding S.p.A

  • Coordinating 231 models in a group of companies: assessing the impact of proxies on directors and managers sitting in different Boards across the group
  • Best practises to ensure efficiency in the decision-making process
  • How to mitigate the risk of the “piercing of liabilities” when directors sit on different Boards of different entities of the group
  • Internal audit v. compliance: What is the best structure to prevent and mitigate risks? How best to allocate different risk control functions across the organisation?
  • The example of best practises in the banking sector. Circular letter no. 263 from Banca d’Italia and its impact on banks’ internal information systems
  • Which information should reach the Organismo di Vigilanza and how best to ensure information flows
  • How should the activity of the Organismo di Vigilanza in supervising the implementation of the 231 model be structured at its best? Practical examples
  • Tackling the true challenge: how should an integrated control system look like?

11:45
The Recent Legislative Updates on Italian Anti-corruption Law: What is the Impact on Compliance and Risk Management Strategies

Raffaella Quintana
Partner
DLA Piper Italy

Marcello Maddalena
Chief Prosecutor General
Turin Court of Appeal

  • What are the main changes with reference to anti-corruption sanctions for individuals and for companies?
  • Financial fraud and accounting irregularities: defining the thresholds and applicability
  • The peculiar rules on listed companies and the role of CONSOB
  • What does the new sanctions’ system provide for?
  • What are the terms and conditions which would allow a company to settle?
  • How to coordinate this statute with law 190/2012
  • What is the role of the National Anti-corruption Authority

12:30
Networking Lunch
1:45
The Tax Authorities and The Financial Police Talk About Anti-Corruption Enforcement in Italy

Alberto Catalano
Lieutenant Colonel
Italian Financial Police

Antonio Martino
Head of Central Office, International Crime Prevention
Italian Tax Authority

  • EXPO and MOSE: What are the lessons learnt from the latest anti-corruption investigations?
  • How could companies improve their internal processes to satisfy the prosecutors’ request to mitigate risk?
  • What do prosecutors and investigators look at?
  • Which elements of the 231 model will they evaluate first?
  • What are the financial police’s autonomous powers?
  • What is the Italian Tax Authority’s policy for contrasting international crimes?

2:30
Managing Complex Multi-Jurisdictional Anti-Corruption Investigations, How to Coordinate the Optimum Defence Strategy and Protect Privacy

Gerardo Costabile
Executive Director (Forensic Technology), Fraud Investigation & Dispute Services
EY (Italy)

Fausto De Angelis
Legal Advisor & Board Member
Science & Innovation Food District

Francesco Rolla
Partner
Hogan Lovells Studio Legale

  • How to plan the financial costs of an investigation
  • What is the best preventive document retention policy for the purpose of building a defence for the company?
  • What effects the settlement in one jurisdiction triggers in another jurisdiction?
  • How to ensure the consistency of the defense in cross-border proceedings
  • What correspondence is covered by legal confidence and privilege
  • How to protect communication with the Organismo di Vigilanza, being an external body
  • What is the ideal internal information management system?
  • How to manage electronic information in a transnational investigation and protect the privacy
  • How to preserve information in the internal review processes?
  • How to address legal privilege in the tax police investigation
  • How best to prepare for a dawn raid to protect your organisation and avoid mistakes
    • What are rights and obligations of a company under search
    • How you should train your employees to be prepared for a search raid
    • What can you legally oppose to the investigators?
    • What teams you should prioritise the training for?
    • Best practises in storing and classifying documents

3:45
Networking Coffee Break
4:00
How to Coordinate the Anti-Corruption Compliance Programme and the 231 Model in Multinational Groups with an Italian Holding Company

Giorgio Totis
Responsabile Compliance
Luxottica

Alessandro Nespoli
Group Internal Audit Director
Luxottica

Agostino Nuzzolo
General Counsel, Compliance and Tax Director
Italcementi Group (Italy)

  • Centralised v. decentralised models: pros and cons of extending the 231 model to the foreign entities of the group
  • Addressing the challenge of integrating 231 model and foreign entities’ compliance programmes
  • How to maximise controls’ efficiency in group compliance models and avoid controls duplication in practice
  • How financial reporting for groups of companies impacts on compliance activities

4:45
How to Minimise the Risks Related to Gift and Hospitality: How to Keep your Policy Current and Get Support at All Levels of Your Company

Marianna Vintiadis
Country Manager
Kroll

Palma Scardaccione
Legal & Compliance Specialist
Vodafone Italy

  • At the beginning of this session there will be an instant poll aimed at benchmarking Gift and Hospitality (G&H) policies among the conference attendees with the data shared for discussion.
  • What are the challenges in implementing a strong gift & entertainment policy?
  • What triggers the update of companies global G&H policy?
  • Which elements have changed in Vodafone’s G&H policy? How have new risks been assessed?
  • How to obtain employees’ buy-in, ensuring that every employee understands the implication of G&H practices and follows the rules on reporting
  • How to evaluate the impact of a solid G&H policy on the business
  • What is the best way to communicate internally the entire compliance policy
  • How often should updated trainings take place

5:30
The Face of Private Corruption: How to Assess and Manage the Risk

Davide Spreafico
Head of Legal PCB and Shared Services
Barclays

  • Real-life practical examples of private corruption
  • How must the corporate culture change in practice in order to take into consideration private corruption risks
  • Where are private corruption’s highest risks?
  • The corporate functions and business processes you should monitor more closely

6:00
End of Day 1

Day 2 - Friday, November 13, 2015

8:30
Welcome Coffee
9:15
Opening Remarks from the Co-Chairs

Alessandro Musella
Partner
Bonelli Erede Pappalardo

Antonino Cusimano
General Counsel and Executive Vice President Legal Affairs
Telecom Italia

9:30
Effective Third Party Oversight and Monitoring Programme: Identifying Risks Post Contract and Minimising Reputation Risk when Operating in Emerging Markets

Francesca Boccia
AML Risk Screening & Enhanced Due Diligence, Financial Crime & Reputational Risk - Italy&Switzerland
Thomson Reuters

Edoardo Lazzarini
EMEA Compliance Officer
Zimmer Biomet

Michael Harris
Head of Screening and Enhanced Due Diligence, Europe
Thomson Reuters (UK)

Antonio Cavallaro
Head of Compliance
Takeda Italy

  • What are the red flags that should alert you in the third party’s information provided
  • How to mitigate the risk in case there are red flags, but the third party is the only available business partner in that area
  • How to develop an appropriate third party management plan for your third parties
  • How to determine the level of on-going monitoring needed with consideration to business interests, third-party type and risk variables
  • How to monitor invoices and payments, distributors, consulting, sales and marketing intermediaries, brokers and agents
  • What does reputational due diligence mean in practice?
  • What are reputational risks’ preventive tools and how can the 231 model protect the company’s reputation?
  • Which privacy and employment Italian law implications derive from auditing foreign third parties? What should you be aware of?

10:30
The Self-Laundering Offense: How to Assess the Risk and Update your Company’s Model, Management and Internal Controls

Luca Braulin
Head of Legal and Fiscal Affairs
Royal Bank of Scotland, Italy

  • What is the scope of the self-money laundering provision and how to apply it?
  • Understanding the practical implications on this newly introduced crime on your operations
  • How to conduct a new assessment based on the risk of self-money laundering? Risk mapping best practises
  • How to implement this provision in your existing 231 model and updating it accordingly: what processes to look at, and how can additional controls work in practice?
  • How to map and identify those crimes not included in the legislative decree 231, especially tax and transfer pricing conducts, relevant for the self-money laundering provision?
  • Best practises for tracing assets and cash-flows

11:00
Coffee Break
11:15
A Practical Guide for Conducting Effective Internal Investigations into Bribery and Corruption Allegations

Jean Paule Castagno
Counsel
Clifford Chance

Vittorio Colombo
Partner, Fraud Investigation & Dispute Services
EY (Italy)

  • Following up to a warning: defining the scope of an internal investigation and planning its costs
  • What actions should be done immediately?
  • Investigating employees: understanding the privacy implications
  • Which privacy notice must be given to the employee?
  • What sources of evidence can you make use of?
  • Digital investigations and e-discovery: how to analyse digital evidence?
  • What the after-investigation report should contain

12:00
Overcoming Challenges in Implementing Effective Whistleblowing Hotlines

Luca Nevano
Europe Region Compliance Officer
Novartis Consumer Healthcare (Switzerland)

Ilaria Brioschi
Head of 231 Supervisory Body Support & Anti-corruption – Compliance Italy
Unicredit

  • What are the company’s obligations in setting up whistleblowing channels?
  • How to make the whistleblowing hotlines work in practice, obtaining the employees’ trust and buy-in
  • How to ensure the privacy of the whistleblower and what are the company’s legal obligations to protect them?
  • Understanding and addressing privacy and employment law implications on whistleblowers: key considerations
  • What are the obstacles in managing a whistleblowing hotline in practice?
  • What technical and IT support do you need and what would its scope be?
  • How to integrate information flows between whistleblowing channels and Organismo di Vigilanza, especially in the case of US companies

12:45
Networking Lunch
2:00
Focus on EXPO, FIFA and Other Large Sporting Events Pitfalls: How to Minimise Corruption and Bribery Risks

Jean-Pierre Méan
Counsel
MCE Attorneys (Switzerland)

Francesco Marzari
Legal Affairs Director
EXPO S.p.A.

  • How did Expo mitigate its exposure during the corruption investigation? What main problems have arisen?
  • What dynamics took place in the corruption schemes?
  • What additional internal controls Expo has put in place in the aftermath of the investigation
  • Which of the remedies could be borrowed in your internal control system and 231 model?
  • Ongoing procedures against FIFA
    • the legal status of FIFA
    • who is involved and might be involved
    • what was done to improve the internal self-regulatory system?
  • FIFA World Cup broadcast rights award process: red flags and pitfalls
  • What role companies involved in sponsoring can play in restoring transparency and trust

3:00
Leveraging Data Analytics to Detect Internal Fraud and Corruption, to Improve Compliance and Investigative Outcomes

Fabrizio Santaloia
Partner, Fraud Investigation and Dispute Services
EY (Italy)

  • The latest ABC analytics tools at your disposal to manage information
  • What does the ideal anti-fraud framework look like and how to implement ABC risk indicators
  • Leveraging text mining to identify potentially suspicious terms within transactions in the financial accounting data
  • Utilising visualisation tools to identify key risk areas on which to focus
  • Monitoring tools and statistical techniques to identify data trends and potential anomalies
  • What role does data analytics play in finding the key evidence

4:00
Networking Coffee Break
4:15
Enhancing the Evolving Role of Internal Audit in an Effective Anti-Corruption Compliance Programme

Silvio De Girolamo
Head of Internal Audit and CSR
Autogrill SpA

  • How to coordinate and integrate the organisation’s different internal control functions
  • How to plan an operational audit: defining the audit universe
  • Audit plan challenges: time planning and identification of priorities
  • The principle of continuous auditing and how to address it in practice
  • What are the most effective KPIs to evaluate dynamic processes in the present business context
  • How can internal audit be a true support function to the business and to the Organismo di Vigilanza

5:00
Chair’s Closing Remarks and Conference Ends