Lowenstein partners Robert A. Johnston Jr. and Rachel Maimin are speakers at the American Conference Institute's 38th International Conference on the Foreign Corrupt Practices Act (FCPA).

Wednesday, December 1, 2021
Panel: AMLA and Anti-Corruption: How the Application of AML Mechanisms to FCPA Prosecutions Affect Your Risk Calculus

This session will unpack the DOJ’s reliance on AML and other statutes to prosecute foreign corruption cases. Expert speakers will also delve into the recent enactment of the Anti-Money Laundering Act of 2020 (AMLA) as another mechanism to fight corruption. Topics of discussion will include:

  • Analyzing the adjusted whistleblower rewards and protections
  • Assessing the laws governing the registration of beneficial ownership for business entities
  • Identifying new and increased BSA penalties-and their practical impact
  • Reviewing the expanded authority to subpoena foreign financial institutions
    • The practical effect of the subpoena power
    • Potential challenges to its use
  • Taking stock of guidance, reports and proposed regulations issued by FinCEN
  • Preparing for increased prosecution of foreign nationals with limited ties to the U.S.
    • What you can do today to prepare for tomorrow

Panelists:

  • Robert A. Johnston Jr., Partner, Lowenstein Sandler LLP
  • Kenneth BlancoChief Compliance Officer, Financial Crimes Unit, Citigroup Inc.
  • John D. BurettaPartner, Cravath, Swaine & Moore LLP
  • Edward (Ted) B. DiskantPartner, McDermott Will & Emery

Time: 2:30 p.m. ET


Thursday, December 2, 2021
Panel: Investigations of Individuals in Real Life: Defense Counsel and Former DOJ Officials Share How Cases are Now Unfolding, and What They Reveal about Liability Risks for Legal and Compliance Professionals

With a flurry of individual investigations anticipated under the Biden Administration, and with the DOJ’s continued focus on holding individuals accountable for FCPA violations, this new session will delve into the changing landscape of risk for legal and compliance executives.

Leading practitioners who have represented individuals will discuss new, pressing questions, including:

  • Detailing the move toward prosecutions of corporate “gatekeepers” in particular, including general counsel, chief compliance officers and accountants
  • Reviewing the scope of legal and compliance officers’ obligations to investigate potential red flags and monitor suspicious activity
  • Outlining recent enforcement actions against individual executives and key takeaways
  • Deciding when to self-disclose potential violations
  • Identifying potential liabilities for directors and officers
  • Minimizing individual risk and harm to the company

Panelist:

Time: 11 a.m. ET


Location: Gaylord National Resort & Convention Center, 201 Waterfront Street, National Harbor, MD, 20745-1135