The Anti-Bribery and Anti-Corruption Review - Edition 5

Mark F Mendelsohn
  • Editor:
  • Mark F Mendelsohn
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP

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Over the past year, the foreign bribery landscape has continued to grow increasingly complicated for multinational companies, particularly in light of the sweeping fallout from multiple high-profile corruption scandals. In Brazil, Operation Car Wash, the investigation that uncovered a sprawling embezzlement ring at state-owned oil company Petróleo Brasileiro SA (Petrobras), has ensnared politicians at the highest levels of the Brazilian government as well as numerous companies that engaged with Petrobras around the world. In March 2016, Brazilian authorities raided the home of former President Lula de Silva and detained him for questioning. Lula and his wife were subsequently indicted by Brazilian prosecutors on money laundering charges in September 2016. The Brazilian crackdown on corruption shows no signs of abating, and has expanded to include investigations related to Eletrobras, Brazil’s state-owned utility.

In the United States, enforcement authorities continue to vigorously enforce the Foreign Corrupt Practices Act (FCPA), with the past year’s cases showing a significant increase in the number of enforcement actions from 2015. The Securities and Exchange Commission (SEC) alone brought more FCPA enforcement actions within the first six months of 2016 than in any year since 2011. The investigation and enforcement focus has cut cross a range of industries, including pharmaceutical and medical device companies, airlines, financial services and the telecommunications sector. While these cases continue to cover many regions, business activity in China has remained a major FCPA enforcement priority. As this edition of The Anti-Bribery and Anti-Corruption Review goes to print, 15 corporate enforcement actions have implicated multinationals’ China operations, representing over half of all FCPA actions brought in 2016 to date.

This fifth edition of The Anti-Bribery and Anti-Corruption Review presents the views and observations of leading anti-corruption practitioners in jurisdictions spanning every region of the globe. The worldwide scope of this volume reflects the reality that anti-corruption enforcement has become an increasingly global endeavour.

About the Editor

Mark F Mendelsohn is a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP. Mark chairs the Foreign Corrupt Practices Act (FCPA) practice group, and is a member of the white-collar crime and regulatory defence, internal investigation, and securities litigation practice groups. Prior to joining Paul Weiss, Mark served as the deputy chief of the fraud section of the criminal division of the United States Department of Justice (DOJ), and is internationally acknowledged and respected as the architect and key enforcement official of the DOJ’s FCPA enforcement programme.

Mark’s practice emphasises white-collar criminal matters, internal corporate investigations and compliance counselling. He regularly represents clients in FCPA and corruption-related internal investigations, designing and implementing compliance programmes, transactional anti-corruption diligence, and responding to and defending against governmental investigations, prosecutions and trials on behalf of both business entities and individuals.

Mark has spoken frequently as a faculty member, panelist and keynote speaker at numerous FCPA, anti-corruption, corporate compliance, securities fraud, money laundering and white-collar crime programmes and conferences. He has taught international criminal law as a visiting professor at the University of Virginia School of Law. Mark is a member of the board of directors of Transparency International-USA.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Editor’s Preface

  • Mark F Mendelsohn
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP

Australia

  • Robert R Wyld and Jasmine Forde
  • Johnson Winter & Slattery

Brazil

  • Ricardo Pagliari Levy and Sofia Preto Villa Real
  • Pinheiro Neto Advogados

China

  • Kareena Teh, Fabian Roday and Lear Liu
  • Dechert LLP

Ecuador

  • Ernesto Velasco
  • FERRERE

England and Wales

  • Shaul Brazil and John Binns
  • BCL Solicitors LLP

France

  • Antonin Lévy
  • Hogan Lovells

Germany

  • Sabine Stetter
  • Stetter Legal

Greece

  • Ilias G Anagnostopoulos and Jerina (Gerasimoula) Zapanti
  • Anagnostopoulos

Hong Kong

  • Kareena Teh and Fabian Roday
  • Dechert LLP

India

  • Aditya Vikram Bhat and Shwetank Ginodia
  • AZB & Partners

Italy

  • Roberto Pisano
  • Studio Legale Pisano

Japan

  • Kana Manabe, Hideaki Roy Umetsu and Shiho Ono
  • Mori Hamada & Matsumoto

Luxembourg

  • Anne Morel
  • Bonn Steichen & Partners

Malaysia

  • Rosli Dahlan and Muhammad Faizal Faiz Mohd Hasani
  • Lee Hishammuddin Allen & Gledhill

Mexico

  • Oliver J Armas, Luis Enrique Graham and Thomas N Pieper
  • Hogan Lovells

Netherlands

  • Neyah van der Aa and Jaantje Kramer
  • Allen & Overy LLP

Poland

  • Tomasz Konopka
  • Sołtysiński Kawecki & Szlęzak

Portugal

  • Sofia Ribeiro Branco and Joana Bernardo
  • Vieira de Almeida & Associados – Sociedade de Advogados, SP RL

Russia

  • Vladimir Melnikov and Sergei Eremin
  • Herbert Smith Freehills CIS LLP

Switzerland

  • Yves Klein
  • Monfrini Crettol & Partners

Turkey

  • Pınar Bülent, Begüm Biçer İlikay and Gözde Kabadayı
  • Kolcuoǧlu Demirkan Koçaklı

USA

  • Mark F Mendelsohn
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP

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