Anti-corruption Laws and Regulations
A Global Guide
This unique volume is a must-have tool for all in-house and international lawyers, legal counsel and consultants involved with local and cross-border corruption matters. Throughout the text, a range of local and international experts provide in-depth analysis of corruption issues.
The result is the development of an assortment of international and local laws and regulations, best practices and many other tools that are being implemented with differing results. Some countries have achieved outstanding results, while others continue to fight a long and difficult battle against corruption. In the midst of all this, corporations and lawyers have to make sense of the problems and learn how to apply the law efficiently and effectively.
This unique volume is a must-have tool for all in-house and international lawyers, legal counsel and consultants involved with local and cross-border corruption matters. Throughout the text, a range of local and international experts provide in-depth analysis of corruption issues and examine:
i) the current legal regime in their countries;
ii) the preventative measures that must be taken by companies operating in different jurisdictions;
iii) how to face investigations, prosecutions and trials; and
iv) the impact of cross-border regulations.
This edition focuses on practical approaches rather than theoretical disciplines in order to help readers understand the complexities of anticorruption compliance worldwide.
Table of Contents
|Table of contents||3|
|The International Chamber of Commerce: the business pioneer in the fight against corruption||11|
|Anti-corruption and the legal profession||21|
|The United Nations Convention Against Corruption (Merida Convention) and its effect in local law||29|
|The United States Foreign Corrupt Practices Act||403|
|About the authors||417|
|About Globe Law and\rBusiness\r||435|
Associate, Sofunde, Osakwe, Ogundipe & Belgore
Ayodele Adeyemo is an associate in the dispute resolution group of Sofunde, Osakwe, Ogundipe & Belgore. He holds a law degree and has been engaged in active legal practice in Nigeria for over seven years. He has represented leading financial institutions in a number of contentious commercial litigation cases. He has also been part of legal teams representing clients in high profile corruption cases in Nigeria.
Roberto P Bauzá
Partner, Rattagan Macchiavello Arocena
Roberto P Bauzá is a partner of Rattagan Macchiavello Arocena in Buenos Aires, Argentina.
His areas of expertise include general corporate counselling, anti-corruption and compliance, mergers and acquisitions, international contracts and foreign investment, finance and capital markets. He was previously a partner in Allende & Brea in Buenos Aires. He also worked as a foreign associate for Gibson, Dunn & Crutcher in New York, with a focus on Latin America. Mr Bauzá is currently a co-chair of the Anticorruption Committee of the American Bar Association (Section of International Law) and a member of the Public Bar of the City of Buenos Aires. He has published articles in international journals and speaks frequently in Argentina and abroad about matters within his expertise.
Mr Bauzá holds a law degree from the Universidad Nacional de Cuyo (Mendoza, Argentina) and an LLM from Columbia University School of Law (New York City).
Lorena de la Barrera
Integrity specialist, UNODC LPO Mexico
Ms de la Barrera holds a BA in International Relations and an MA in Public Policy from the School of Government and Public Transformation of the Monterrey Institute of Technological and Superior Studies. She has participated in international academic exchanges with the Institute of Political Science in Paris, the School of Government of Harvard University and the University of Carleton in Ottawa, Canada. She has been involved in the international public service since the beginning of her career. From 2005 to 2008 she was with the OECD Multilateral Tax Centre in Mexico.
At the same time, Ms de la Barrera was appointed as National Consultant for Mexico in Anticorruption for the United Nations Office on Drugs and Crime (UNODC), coordinating and collaborating in several projects related to democratic governance and the right to water with indigenous communities in Honduras, Nicaragua and south-western Mexico. It is from this experience that her specialisation in the anticorruption mandate of UNODC in Mexico stems.
Senior partner, Cassels Brock & Blackwell LLP
Wendy Berman, a senior partner in the Toronto office of Cassels Brock & Blackwell LLP, is recognised as one of Canada’s leading securities litigators by Chambers Global, the Canadian Legal Lexpert Directory and Best Lawyers in Canada. She practises commercial litigation with an emphasis on securities-related regulatory investigations and proceedings and has extensive experience dealing with Canadian regulatory and law enforcement agencies. She regularly provides strategic advice and representation to companies and their directors and officers in all aspects of matters relating to allegations of corporate misconduct, including internal investigations and Canadian and cross-border parallel civil, regulatory and criminal investigations and proceedings.
Ms Berman has represented public companies and directors and officers in some of Canada’s largest investigations and proceedings involving disclosure violations, insider trading and other fraud-related allegations, corruption and antibribery, shareholders’ remedies, litigation aspects of takeover bids and other acquisitions, corporate governance (including directors’ and officers’ liability) and securities class actions.
Ashleigh Buckett is a former legal adviser with the IBA’s Legal Policy & Research Unit (LPRU), during which time she led projects on whistleblowers, sextortion, sanctions and the Women Business Lawyers Initiative. An Australian lawyer, she holds a BA in Political Science/Spanish, an LLB, a Graduate Diploma of Legal Practice and an LLM in International Law. Ms Buckett now practises as part of a team of lawyers undertaking strategic litigation addressing human rights abuses in Australia, particularly in relation to indigenous Australians and refugees.
Ada SW Chan
Ada Chan is an Associate in the Criminal Litigation Department of Haldanes in Hong Kong. She holds degrees in law and commerce, and has been admitted as a solicitor in Hong Kong and in New South Wales, Australia. In particular, she has been heavily involved in numerous headline cases, including corruption, money laundering and commercial fraud. She specialises in criminal defence, with a focus on regulatory and commercial offences, and is experienced in immigration matters.
Ms Chan is currently leading the Haldanes team on a number of internationally renowned cases to be heard at the High Court of Hong Kong, including an 80-day riot trial, a murder trial, and cross-border forfeiture order and restraint order hearings.
Junior associate, Kinstellar
Kamen Chanov is a junior associate in Kinstellar’s Sofia office. He focuses on compliance, competition and technology law. Kamen has valuable experience in working on compliance matters (including internal investigations, integrity due diligence of business partners, examining possible conflict of interests and more generally research with regard to politically exposed persons), but also on antitrust and merger proceedings before the Bulgarian competition authority and before the Supreme Administrative Court. He also advises clients on compliance with the GDPR, including conducts data protection audits (gap assessments) and localisation of policies and procedures.
Kamen has working experience with the Council of the European Union in Brussels and at the Embassy of the Republic of Bulgaria in The Hague. He speaks Bulgarian, English and French.
Associate, Paul Hastings LLP
Josh Christensen is an associate in the Litigation practice of Paul Hastings and is based in the firm’s Washington DC office. His practice focuses on matters relating to the US Foreign Corrupt Practices Act and international anti-corruption law. He counsels clients regarding anti-corruption compliance programmes, risk assessments, conducting due diligence on third parties and in connection with acquisitions and corruptionrelated internal investigations. He has worked as part of independent corporate monitoring teams as well as preparing clients for corporate monitors.
Mr Christensen received his law degree from the University of Wisconsin Law School, where he served as a vice president of the Moot Court Board and articles editor of the Wisconsin Law Review. He is admitted to practise law in the District of Columbia, Maryland and Wisconsin.
Marco Dalla Vedova
Attorney, Dalla Vedova Associazione Professionale
Marco Dalla Vedova achieved a law degree at the School of Law of La Sapienza University in Rome in 1985. He received a Japan JT Scholarship in 1986. In 1993, he worked at EUTELSAT, based in Paris, as a visiting attorney. He was admitted to the Italian Bar in 1986 and qualified to practise before the Supreme Court in 2002.
As managing partner at Dalla Vedova Associazione Professionale and head of the telecommunication, technology, media and payments practice, he advises companies and governments on key corporate and regulatory issues and handles complex litigation cases. Listed in Chambers and Legal 500 Italy, he is a regular speaker at major international conferences worldwide and at restricted audience national and international government and federal consultancy focus groups and meetings.
He has also authored several publications concerning telecommunications, technology, media and payments.
Kristýna Del Maschio
Junior associate, Kinstellar
Kristýna Del Maschio is a junior associate in Kinstellar’s Prague office. She is a member of the Compliance, Risk & Sensitive Investigations team and her specialisations include white-collar crime defence, corporate criminal liability and corporate investigations. During her studies, she spent a year at university in Germany and was involved in projects restructuring companies in Rwanda and Zambia. She also completed an internship at the District Court for Prague 1. She has advised a number of clients in matters relating to internal investigations (including a global pharmaceutical company) and white collar crime matters (including an international automotive company and a major Czech chemical company).
Stéphane de Navacelle
Stéphane de Navacelle has worked in the field of white collar crime/corporate crime in New York, London and Paris (at Engel & McCarney and Debevoise & Plimpton LLP).
With extensive experience in French and US white collar crime, he has participated in landmark cases involving FCPA and embargo restrictions (OFAC), market abuse/insider trading, fraud (Forex), benchmark manipulation (LIBOR/Euribor), investigations by development banks and criminal and internal investigations in Europe, the Americas and Africa. He advises companies with setting up and auditing compliance programmes; he was appointed Independent Compliance Monitor – pursuant to a World Bank Negotiated Resolution Agreement – by an infrastructure group with global operations.
Mr de Navacelle has been identified as a leading practitioner by Chambers & Partners, Legal 500 France, Legal 500 EMEA, Who’s Who Legal, Leaders’ League/Décideurs, GIR (40 under 40 – world’s leading young investigation specialists) and the Expert Guide for White-Collar Crime/Business Crime, Investigations and Stock Market Litigation.
Mr de Navacelle is a regular participant at seminars and is consulted on issues relating to regulatory and criminal investigations in Europe and the United States.
Timothy L Dickinson
Partner, Paul Hastings LLP
Timothy L Dickinson is a partner in the Litigation practice of Paul Hastings’ Washington DC office. With over 30 years’ experience in the field of international anti-corruption law, he works closely with a wide range of industries on FCPA matters, including the establishment and implementation of compliance programmes, due diligence for third parties and acquisitions, and special investigations and defence before regulators in the US and abroad. He has been recognised by Chambers USA every year since 2009 as one of very few attorneys ranked as top-tier FCPA experts.
Mr Dickinson is currently a Professor from Practice at the University of Michigan Law School, where he co-founded the International Transactions Clinic. He has been selected many times to serve as an independent compliance monitor in conjunction with settlements with US enforcement authorities, and was chosen by the World Bank to assist with the development of its Voluntary Disclosure Program.
Sandrine dos Santos
Before joining Navacelle, Sandrine dos Santos worked in a top-tier litigation French boutique and at the Paris Prosecutor Office from 2007 to 2010. She dealt with cases related to economic and financial crime or organised crime and damages to persons or property, and acquired a strong expertise in white-collar crime.
Ms dos Santos has worked on complex international corruption matters involving highprofile political stakeholders and large-scale companies in Africa and South America. She also handled sensitive FCPA & LIBOR-related matters. Ms dos Santos has assisted clients in setting up global compliance training and she is a regular participant at conferences organised by the French Institute for Higher National Defence Studies (Institut des Hautes Etudes de Défense Nationale, IHEDN).
Vanya Evtimova is an associate in Kinstellar’s Sofia office. She focuses on corporate, compliance (including commercial and employment aspects) and litigation law. She has over six years of experience advising both local and international clients on a vast range of corporate and M&A matters, employment and compliance matters. In the area of compliance, Vanya has worked on several internal investigations, on integrity due diligences of business partners and on employment and corporate aspects of internal investigations, as well as on devising compliance programmes for clients. She also has a background in advising major beneficiaries of European funding programmes in Bulgaria. She speaks Bulgarian and English.
Senior associate, Sofunde, Osakwe, Ogundipe & Belgore
Chukwuma Ezediaro is a senior associate in the dispute resolution group of Sofunde, Osakwe, Ogundipe & Belgore. He holds a combined degree in Political Science and History and a degree in Law. He has specialised mainly in anti-corruption and anti-money laundering advisory work along with commercial and civil litigation for over 14 years while based in Lagos, Nigeria. In particular, he has been a regular co-contributor to the Nigerian chapters of Getting The Deal Through publications on anti-corruption regulation and anti-money laundering. He has also delivered papers at conferences on anti-corruption matters.
Of counsel, Kinstellar
Dessislava Fessenko is an of counsel and head of the Sofia Compliance, Risk and Sensitive Investigations practice, with over fifteen years of experience advising on compliance, data protection, antitrust/competition and technology matters.
Dessislava has advised clients in a number of compliance audits and internal investigations in the pharmaceutical, financial services, retail, oil and gas sectors. She regularly advises on anticorruption compliance, corporate investigations, avoiding conflicts of interest, dealings with politically exposed persons, integrity due diligences and anti-money laundering in the retail, pharmaceutical, banking and insurance, energy and mining, electronic payments and online gaming sectors. Dessislava also supports clients in policy advocacy initiatives related to compliance and anti-money laundering. She has delivered compliance training to pharmaceuticals and industrial manufacturers in Bulgaria on a number of occasions. Dessislava also provides advice on the legal aspects of technology, data protection, intellectual property and technology agreements (including software licences). Dessislava speaks Bulgarian, English and German.
Juan Eduardo Figueroa
Partner, FIHS Abogados
Juan Eduardo Figueroa has 30 years’ experience as counsel to diverse construction companies and property developers and is a specialist in urban planning and construction law. He was a judge of the Supreme Court of Chile. He is also an arbitrator for the Arbitration and Mediation Center of the Santiago Chamber of Commerce, for the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA), for the Arbitration Center of the Chamber of Commerce Brazil–Canada (CAM CCBC) and for the Chamber of Arbitration of the Engineering Institute of Sao Paulo, Brazil. He has been recognised by Chambers Latin America and by Ranking Leading Lawyers as a leading real estate lawyer.
Senior associate, King & Wood Mallesons
Jocasta Giles is a senior associate specialising in dispute resolution. She advises companies and individuals across a broad range of industries in the private sector on commercial and contractual disputes, as well as investigations and prosecutions brought by regulatory bodies in Australia (including the Australian Federal Police and the Australian Securities and Investments Commission).
At the time of co-writing her chapter, Ms Giles was part of the dispute resolution team at Johnson Winter & Slattery (having joined the firm in 2011). Ms Giles spent time in 2016/2017 working with the conflicts team at Clifford Chance LLP in London before returning to Johnson Winter & Slattery in Sydney in 2017. Ms Giles subsequently joined King & Wood Mallesons in March 2018.
Lawyer in management of social conflicts, compliance and arbitration
César Guzmán-Barrón holds a master’s degree in Humanities and is a lawyer, specialising in compliance, arbitration and other alternative means of dispute resolution. He is currently director of the firm Consensere, specialising in advice and on the prevention and management of corruption cases, both in the application of compliance programmes and other anti-bribery systems, such as ISO 37001.
Mr Guzmán-Barrón has more than 40 years’ experience in the fields of negotiation, evaluation and conflict management, having acted as mediator, conciliator, facilitator and arbitrator. He has been director of the Conflict Resolution and Analysis Center of the Pontifical Catholic University of Peru. He has a deep and solid academic vocation that is expressed not only in his professional experience and practice but also in university teaching in a number of institutions, both in undergraduate and postgraduate courses in Socio-Environmental Conflict, International Trade and Negotiation, Dispute Boards and Arbitration.
Partner, Rajah & Tann Singapore LLP
Hamidul Haq is a partner in the Commercial Litigation department of Rajah & Tann Singapore LLP. He has an LLB from the National University of Singapore and an LLM from University College London. He is a former senior prosecutor with the Attorney’s General Chambers and Commercial Affairs Department in Singapore and has dealt with many high profile cases, both for the defence and the prosecution, over the last three decades. Mr Haq has received recommendations from a number of legal directories, including the Expert’s Guide 2014, Who’s Who Legal 2014, Asia Law Profiles 2007, Who’s Who Legal, Singapore 2008 and Asia Pacific Legal 500 (2006–2007). He also authored the book Financial Crimes in Singapore in 2014.
Senior associate, Paul Hastings LLP
Chris Hardjasa is a senior associate in the Investigations and White Collar Defence practice at Paul Hastings LLP and is based at the firm’s London office. She previously practised at the firm’s Washington DC office, and is admitted to practise law in Virginia, Washington DC and as a solicitor in England and Wales. She counsels clients on matters relating to the US Foreign Corrupt Practices Act, the UK Bribery Act of 2010 and other international anti-corruption laws.
Ms Hardjasa has extensive experience advising numerous multinational companies and individuals on developing, assessing and enhancing anti-corruption compliance programmes, compliance with reporting requirements to the US Department of Justice and the US Securities and Exchange Commission, and conducting complex, cross-border internal investigations, global risk assessments, due diligence on third parties and other similar matters. She has worked as part of an independent corporate monitoring team and has also counselled clients subject to such monitorships.
Anti-corruption Unit Coordinator, UNODC LPO Mexico
Mr Hernández studied law at the National Autonomous University of Mexico, and since October 2006 has provided advice and coordination skills pursuant to the mandate of the United Nations Office on Drugs and Crime (UNODC) at the Mexico Office. Projects he has led include Integrity Initiatives with both the public and private sectors from 2011–2014. In the Central America region, he assisted the project for the establishment of a regional network for reintegration and treatment for drug rehabilitation, where the first research on HIV and its relationship with drug consumption was established.
Mr Hernández has negotiated projects throughout Mexico and the Central America region in the fight against corruption and in prison reform, crime prevention and drug treatment. He has also worked for a private firm providing legal advice on criminal justice for private clients. Within the federal government, he worked as an intern for the National Migration Institute.
Managing partner, COMAD, SC
Roberto Hernández-García is an international attorney specialising in construction law (transactional and disputes), public procurement law (transactional and disputes) and compliance and investigations in those areas of practice. He obtained a master’s degree in Mexican Administrative Law from the Universidad Panamericana, Mexico City with an investigation on corruption and public procurement. He has served in diverse positions in a number of national and international anti-corruption groups, such as chair of the Anticorruption Commission of ICC México (2006–2018); vice president of Ethics and Anticorruption at the National Chamber of the Consulting Industry (CNEC) and representative for Latin America and co-vice chair of the Anticorruption Committee of the International Bar Association (IBA).
Mr Hernández-García has acted as an adviser for specific projects for anti-corruption organisations, such as the United Nations Office on Drugs and Crime (UNODC), Transparencia Mexicana and the Mexican-German Chamber. He has been invited as international speaker in anti-corruption topics for such organisations as the OECD in Colombia, the Guatemala Chamber of Industry and the American Bar Association Construction Forum in the US.
Mr Hernández-García advises national and international companies in compliance matters in diverse sectors such as oil and gas, construction and engineering and information technology, provides training and attends administrative investigations and legal proceedings. He is the coordinator of the ICC-Universidad Panamericana Anticorruption Program for Law Students and of the Anticorruption Diploma for Lawyers and Executives.
Barrister, Akarana Chambers
Gary Hughes is a senior lawyer specialising in all types of regulatory investigations and cases. Key areas include anti-trust (competition/consumer law), anti-money laundering, fraud and antibribery and corruption. He provides advocacy for clients under investigation, promotes resolution with regulators, representation in court proceedings, and strategic risk management advice. His expertise, developed over 22 years, includes a significant insurance law and financial markets conduct (securities) practice, and related issues such as D&O insurance, privacy, technology and board governance cases.
In 2016, Mr Hughes established an independent barrister’s practice after a career in leading law firms, including firms in the large national (Chapman Tripp), leading boutique (Wilson Harle), and global (Clyde & Co, London) categories. He is a director of ACAMS Australasia (the global AML professional body), and is the International Bar Association’s Anti-Corruption division New Zealand Officer. His work has been ranked by leading lawyer guides, including Chambers Asia-Pacific, Legal 500, AsiaLaw Profiles and Who’s Who Legal.
Sergio Huidobro Martínez
Partner, FIHS Abogados
Sergio Huidobro Martínez has 22 years’ experience in economic criminal litigation. He has been a partner with Figueroa, Illanes, Huidobro & Salamanca since 1996. He has been a Professor of Criminal Law since 2008 at the University del Desarrollo and Professor of Company Laws and Criminal Liability since 2010 at the same institution.
Mr Huidobro holds a postgraduate degree in Economics and Finance for Lawyers from the Faculty of Economic and Administrative Sciences of the University of Chile (2001) and diplomas in Corporate Governance from the University del Desarrollo (2012) and Economic Sanctions Law: Administrative and Penal from the University de los Andes (2015). He is a member of the Bar Association of Chile AG, of the Institute of Criminal Sciences and of Construlegal (Working Alliance of Construction Law Firms for the Americas).
Partner, Rajah & Tann Singapore LLP
Istyana Ibrahim is a partner in the Commercial Litigation department of Rajah & Tann Singapore LLP. She graduated with an LLB from the National University of Singapore in 2010 and was called to the Singapore Bar in 2011.
Ms Ibrahim has been with Rajah & Tann Singapore LLP since 2011, having been involved in both high-profile criminal and civil proceedings in almost all levels of the Supreme Court of Singapore. She frequently advises on anti-bribery compliance matters and has assisted in a variety of significant reported cases involving white-collar crime and/or regulatory offences, including the first extradition case in Singapore which resulted in the release of the defendant, as well as a landmark case involving detention without trial under the Criminal Law (Temporary Provisions) Act, which also resulted in the release of the detainee.
Partner, Nagashima Ohno & Tsunematsu
Naoki Iguchi is a leading partner with the international infrastructure/construction projects and arbitration practice team of Nagashima Ohno & Tsunematsu, Tokyo. He has advised construction, investment and infrastructure management companies in nuclear/gas/coal/ renewable power plant, chemical plant, water, railway, highway, crude oil pipeline, shopping centre, hospital and other infrastructure projects in Asia, Africa, the UK and the US, as well as in Japan. He has also advised clients on public procurement regulation and procedures, including under WTO agreements, and on anti-corruption regulations in Japan and other Asian jurisdictions, and represented clients in international arbitration.
Mr Iguchi studied at University of Tokyo (LLB, LLM), Stanford (LLM) and Beijing (Mandarin Training) and has worked in law firms in Japan, China, Taiwan and the United States. He is a member of the Japan ICC Arbitration Committee. He is fluent in English and Chinese (Mandarin) as well as Japanese and also understands Spanish.
Partner, Cassels Brock & Blackwell LLP
Lara Jackson is a partner in the Toronto office of Cassels Brock & Blackwell LLP. She has an active and varied commercial litigation practice with particular expertise in securities litigation, including Canadian and cross-border civil and regulatory proceedings. She has also represented clients in a broad range of commercial cases involving proxy contests, takeover bids, shareholder disputes, oppression remedies and insolvency disputes, and has defended class actions in a number of areas, including securities misrepresentation, competition law, employment and oppression. She is recognised as a leading lawyer by the Canadian Legal Lexpert Directory, The Best Lawyers in Canada and Benchmark Litigation.
Attorney, ALRUD Law Firm
Anastasia Kayukova is an attorney at ALRUD Law Firm, Moscow. She graduated from the Law Faculty of Lomonosov Moscow State University (LLB, LLM). She has advised clients on antitrust and anticorruption legislation as well as other regulatory matters. As a member of the white-collar crime, compliance and internal investigations practice, she is involved in such projects as antitrust/anticorruption due diligence, assisting with investigations and compliance with anti-corruption regulation requirements. She also represented clients following dawn raids carried out by FAS Russia as part of a series of cartel investigations.
Sophia SY Lam
Trainee solicitor, Haldanes
Sophia Lam is a trainee solicitor with Haldanes in Hong Kong. She graduated with an LLB from the City University of Hong Kong. Prior to her traineeship, she worked as a legal executive in the Enforcement Division of the Hong Kong Securities and Futures Commission (SFC). She was part of the team that assisted in the SFC’s defence against an application by HSBC Private Bank (Suisse) SA to review the SFC’s disciplinary decision. During her training in the Criminal Litigation Department of Haldanes, Ms Lam assisted in a number of criminal and regulatory investigations instituted by the Independent Commission Against Corruption, the Hong Kong Monetary Authority, the SFC, the Hong Kong Police Force and the Customs & Excise Department. In particular, she has experience in assisting private sector clients facing charges under section 9 of the Prevention of Bribery Ordinance.
Counsel, Perkins Coie LLP
Hillary Levun is a counsel in the Commercial Litigation Practice at Perkins Coie’s Chicago, Illinois office and is a member of its White Collar & Investigations group. Her practice focuses on the representation of both individual and corporate clients facing allegations of securities fraud, insider trading, tax fraud and Foreign Corrupt Practices Act (FCPA) violations before the US Department of Justice and the Securities Exchange Commission. She has participated in numerous international internal investigations aimed at identifying regulatory violations and has drafted advisory reports on potential exposure to civil and criminal penalties. She also assists clients in evaluating their compliance and anti-corruption programmes and provides recommendations to strengthen internal controls, combat regulatory violations and reduce future liability.
Analyst, General Prosecutor’s Office (Czech Republic)
Jitka Logesová is an analyst at the General Prosecutor's Office (Czech Republic) working on the Corporate Compliance Defence rules for the state prosecutors. She was a partner of an international law firm and spent several years as head of its Compliance, Risk & Sensitive Investigations practice. She has been appointed senior vice-chair of the IBA’s Anti-corruption Committee and acts as its country coordinator. She is also the Czech exclusive member of ICC–FraudNet (a worldwide network of specialists in asset recovery).
Ms Logesová has led several corporate investigations – including cross-border matters – in a number of sectors, notably pharmaceuticals, construction, infrastructure, financial services, chemicals, retail and IT. She has also advised a number of companies on US FCPA-triggered investigations. She has broad experience in advising clients on crisis communications strategy in connection with governmental and corporate investigations. She has also represented clients in a number of litigation and arbitration proceedings. Ms Logesová is a guest lecturer in the Business Ethics class at the Anglo-American University in Prague. She has published a number of articles about corporate investigations, compliance and corruption in Central and Eastern Europe (CEE), specifically the Czech Republic.
Morgan J Miller
Partner, Paul Hastings LLP
Morgan Miller is a partner in the Investigations and White Collar Defense practice at Paul Hastings LLP and is based in the firm’s London and Washington DC offices. His practice focuses on representing companies and individuals in white collar defence, anti-corruption, securities enforcement and related investigations before the US Securities and Exchange Commission, the US Department of Justice, the UK Serious Fraud Office and other international regulators. Mr Miller’s particular areas of expertise include cross-border investigations involving complex financial and accounting issues and anti-corruption matters, including under the US Foreign Corrupt Practices Act and the UK Bribery Act, as well as internal and special committee representations, regulatory compliance and corporate governance.
Felix KH Ng
Felix Ng is a partner at Haldanes and specialises in complex white-collar crime, securities regulations and competition law. He is admitted in Hong Kong, England & Wales and Dubai International Financial Centre and holds practice certificates in all three jurisdictions.
Mr Ng frequently advises listed companies, multinational corporations and individuals in cross-border investigations concerning bribery and corruption, commercial fraud, market misconduct, cartels, money laundering, tax crime and antitrust issues, and frequently represents clients at various levels of the criminal courts. Apart from defending clients in internationally renowned corruption trials and appeals in Hong Kong, he also has substantial experience in handling US Foreign Corrupt Practices Act (FCPA)- related investigations.
Mr Ng is recommended in Who’s Who Legal Thought Leaders – Business Crime Defence 2017 and Chambers & Partners Asia-Pacific 2017, and is author of a number of international criminal law publications.
Senior partner, AB & David
David Ofosu-Dorte is the senior partner of AB & David, which has offices in Ghana, Zambia, Botswana and Zimbabwe and affiliate firms in many other African countries.
His experience cuts across project finance, the power sector, policy reform and public-private partnerships (PPPs). He led the government of Ghana’s legal advisory team for Ghana’s Millennium Challenge Compact One negotiations with the US government and the preparation of the Public-Private Partnership draft Bill for Ghana. He has also been the lead adviser in numerous infrastructure transactions. He has been recognised by IFLR1000 and Chambers Global.
Mr Ofosu-Dorte also holds master’s degrees in Public Administration and in Applied Business Research from the Swiss Business School and Fellowship of the Chartered Institute of Logistics & Transport (UK). He is currently pursuing a doctorate in Business Administration.
Partner, Sofunde, Osakwe, Ogundipe & Belgore
Babajide Ogundipe is a founding partner of Sofunde, Osakwe, Ogundipe & Belgore and has more than 35 years’ experience as a commercial litigator in Nigeria. He specialises in acting for the victims of fraud and other financial malfeasance in seeking the recovery of losses resulting from such activity, and advises on compliance issues and the conduct of due diligence on behalf of non-Nigerians seeking to invest in Nigeria.
Mr Ogundipe is one of Nigeria’s most senior arbitrators. He held leadership positions in the Nigeria branch of the Chartered Institute of Arbitrators between 1997 and 2009, including as branch chairman from 2006 to 2009. He is a former president of the Lagos Court of Arbitration and a current member of the board of directors. He has served as a member of a number of International Bar Association’s committees, including the Anti-Corruption Committee. He is ICC FraudNet’s Nigeria representative.
Cynthia Irene Osio Sanchez
Associate, COMAD, SC
Cynthia Osio obtained her law degree from the Universidad Iberoamericana Puebla. She served in the judicial branch, gaining experience in civil and business litigation. She is currently an associate at COMAD, SC, where her professional practice is mainly focused on construction law, public procurement, compliance and dispute resolution processes. She advises national and international companies in such industries as construction, transportation, information technology and pharmaceuticals. She is a member of the American Bar Association’s Forum on Construction Law and co-author of Getting the Deal Through: Construction 2018, Getting the Deal Through: Public Procurement 2018, and Doing Business 2018 published by the World Bank Group.
Partner, Freitas Leite Advogados
Leopoldo Pagotto is in charge of the anticorruption and compliance practices at Freitas Leite Advogados. Besides being an anti-corruption & compliance private practitioner approved by the Latin American Corporate Counsel Association (LACCA), he has been recognised by Chambers and Partners as a foreign expert in competition law and M&A for Japanese clients. Mr Pagotto is currently vice-chair of the Anti- Corruption Committee of the International Bar Association (IBA). He was a reporter for the Chamber No 20 and Chamber No 1 of the Ethics Tribunal of the Brazilian Bar Association, SÃo Paulo Chapter. He holds a PhD in Financial- Economic Law (Universidade de SÃo Paulo), an LLM in Financial-Economic Law (Universidade de SÃo Paulo), an MSc in Regulation (London School of Economics and Political Science) and an LLB (Universidade de SÃo Paulo).
Senior legal manager, Legal Policy & Research Unit, International Bar Association
Rocío Paniagua is currently acting as senior legal manager with the Legal Policy & Research Unit. She has extensive experience and academic credentials in international law and project management, with a focus on anti-corruption and business and human rights. Rocío completed her law degree at the Autonomous University of Madrid and undertook additional law studies at the Roma Tre University in Italy and the Complutense University of Madrid, where she earned a master’s in International Cooperation for Development. A member of the Madrid Bar Association, she has previously worked as a legal officer in the International Department of the Spanish National Bar Association and for two major reinsurers in London and Dublin. Rocío is currently leading IBA legal projects in the areas of corporate and judicial integrity, including anti-corruption and business and human rights.
Estefanía Paz is an associate in Ferrere’s Bolivia offices and a member of the Disputes team and the regional Risk Management & Compliance team.
Ms Paz’s practice focuses on risk management and anti-corruption compliance and commercial disputes. She regularly counsels clients regarding corruption risks in Latin America. She frequently contributes to research for Ferrere’s regional compliance publications, identifying trends in anticorruption and anti-money laundering compliance in Bolivia, Ecuador, Paraguay and Uruguay. Ms Paz additionally has significant experience in alternative dispute resolution and commercial and corporate law matters.
Ms Paz obtained her law degree, with honours, from Universidad Privada Boliviana in Cochabamba, Bolivia and obtained an LLM from the University of Pepperdine in Malibu, California. She was awarded a Fulbright Scholarship to pursue an LLM at Pepperdine. Her native language is Spanish and she is fluent in English.
Trainee attorney, Dalla Vedova Associazione Professionale
Luca Pietrantuono obtained a degree at the School of Law of Roma Tre University with a dissertation on The role of the CONSOB in the criminal protection of the financial markets. After graduating, he was admitted as a scholarship recipient into a Second- Level Professional Master’s Programme in Business Criminal Law at LUISS Guido Carli, based in Rome, and obtained a diploma with a dissertation on The obstacles to the exercise of the functions of public supervisory bodies.
Having gained his initial professional experience with a local law firm, Mr Pietrantuono joined Dalla Vedova Associazione Professionale in February 2017. He currently provides legal assistance pursuant to a multidisciplinary approach, embracing international public and private law to criminal and company law, with a focus on advising primary operators of electronic communications with regard to commercial contracts and the relevant regulatory framework.
Santiago Oliva Pinto
Senior associate, Rattagan Macchiavello Arocena
Santiago Oliva Pinto is a senior associate of Rattagan Macchiavello Arocena in Buenos Aires, Argentina. His areas of expertise include general corporate counselling, anti-corruption and compliance, mergers and acquisitions, international contracts and foreign investment. He also works in aviation law transactions, representing clients in the leasing and financing of aircraft. Between 2004 and 2012, he was a corporate counsel for Arcor, Argentina’s largest grocery manufacturing and processing conglomerate.
Santiago earned his law degree from the Universidad Blas Pascal. He has specialisations in tax law (from the Universidad Austral) and labour law (from the Universidad Católica). He attended the international private law course of The Hague Academy of International Law (Netherlands) and the course on American and international law of the Academy for American and International Law (CAIL, USA). He has published articles on commercial, tax and labour law.
Santiago is a native Spanish speaker, is fluent in English, and has basic command of Portuguese and French.
Volker D Popp
Compliance and AML Officer
Volker D Popp is a Compliance and Anti-Money Laundering Officer based in Mexico City. He holds an MBA degree from Kellogg School of Management/Northwestern University and has participated in the executive education program of Columbia University in New York City. He is also a Certified Internal Auditor and Certified Fraud Examiner with over 15 years’ experience in the automotive sector.
Mr Popp has considerable experience in conducting international investigations and white collar crime prevention. In his current role, he acts as consultant to top management and independent distributors with a view to preventing reputational and legal risks. Much of his work focuses on applicable anti-corruption and anti-money laundering legislation, training and communication.
Mr Popp is president of the Compliance Managers Committee of the International Chamber of Commerce Mexico. He is frequently invited to speak on anti-corruption practices at national and international conferences.
Mariana Duprat Ruggeri
Compliance analyst, Camargo CorrÊa Infra
Mariana Duprat acts in the areas of c orporate compliance, anti-corruption and fraud investigation in the infrastructure, pharmaceutical, food and automotive industries. She has experience in matters involving: review and development of internal policies and codes of conduct; development, structuring and review of compliance programmes and related training materials; and due diligence, risk assessments and background checks. Ms Duprat has also acted in a number of large internal investigation cases (including multi-jurisdictional).
Darío Sandoval Shaik
Senior associate, Fabrega Molino
Darío Sandoval is a senior associate in the Banking, Securities and Insurance department of Fabrega Molino in Panama City, Panama. He holds a PhD in Law from Complutense University of Madrid, and has specialised for over 15 years in securities public offerings, the setting up and obtaining of licences from the Superintendency of the Securities Market, the Superintendency of Banks and the Superintendency of Insurance and Reinsurance, and in setting up investment vehicles (mutual funds).
Dr Sandoval acts for local and international banks, trust companies, insurance and reinsurance companies, broker-dealer houses, investment advisers, investment administrators, registered issuers, investment companies and market value providers. His paper, Arbitration in Insurance and Reinsurance Disputes, received an award in Panama for ‘2016 Best Article in the Field of Economics and Finance’.
Senior manager, Anti-corruption and corporate responsibility, International Chamber of Commerce
Viviane Schiavi is senior manager for Anticorruption and Corporate Responsibility with the International Chamber of Commerce (ICC), overseeing ICC’s work to promote anti-corruption, responsible business conduct and corporate responsibility worldwide. These objectives are pursued through a combination of policy advocacy with regard to the UN, the G20 and other fora, and of concrete, practical tools for business. Ms Schiavi is a member of the New York Bar, with over 20 years’ experience in international policy and commercial practice. Of dual American and French nationality, she is a graduate of Bard College and the City University of New York Law School. She practised international commercial law in New York City and with Arthur Andersen International in Paris, before joining the ICC. Her areas of legal practice included litigation, international contracts, and mergers and acquisitions.
Senior vice president, Group Institutional Affairs, L’Oréal
A graduate of Sciences Po and the école Nationale d’Administration in Paris, Denis Simonneau holds a master’s degree in Economics.
As a French diplomat, Mr Simonneau served in India (1988–1989), South Africa (1993–1996), was adviser to the then Minister of European Affairs, Michel Barnier (1996–1997), counsellor at the French Permanent Representation to the EU in Brussels (1997–2001) and consul general and head of the French Trade Economic Mission in Houston, Texas (2001–2005). Deputy spokesperson for the Department of Foreign Affairs (2005–2007), he was chief of staff to the French secretary of state in charge of European Affairs, Jean-Pierre Jouyet, (July 2007–December 2008). In 2009, Mr Simonneau joined GDF SUEZ (now ENGIE) and was appointed diplomatic adviser to the group’s chairman and CEO, Gérard Mestrallet, the then senior vice president for international relations. In May 2011, he became member of the executive committee in charge of European and international relations. Since 2018, he has been senior vice president for Group Institutional Affairs at l’Oréal.
Mr Simonneau has chaired ICC’s Commission on Anti-corruption and Corporate Responsibility since October 2015 and is also president of EUROPANOVA, a French NGO.
Legal intern, Kinstellar
Filip Široký is a Legal intern in Kinstellar’s Prague office and a member of the Compliance, Risk & Sensitive Investigations team. He is currently in the fourth year of his studies at the Faculty of Law of the Charles University. He previously worked as a compliance manager assistant with Mercedes- Benz and then as a paralegal with CMS Cameron McKenna Nabarro Olswang. He also successfully completed an internship at the District Public Prosecutor’s Office for Prague 7. He took part in two summer law schools that helped him in terms of international experience: one was oriented on financial crime and held in Thessaloniki, Greece, while the other one focused on IP rights and was held in Tbilisi, Georgia.
Lindsay Sykes is a partner in Ferrere, one of Latin America’s largest law firms, with offices in Bolivia, Ecuador, Paraguay and Uruguay. She leads Ferrere’s regional Compliance group, assisting clients in the firm’s four jurisdictions with compliance with international anti-corruption regulations, including the US Foreign Corrupt Practices Act (FCPA), and the assessment and management of risks related to potential mergers, acquisitions and other transactions. She also advises corporate clients on the design and execution of internal investigations into possible corporate misconduct, as well as on risk assessments of the practices of business partners and potential partners. Prior to joining Ferrere, Ms Sykes was an attorney with Cleary Gottlieb Steen & Hamilton LLP in Washington DC, where she represented clients in a wide range of cross-border matters, including in investigations by US regulators into allegations of illegal corporate practices, as well as complex commercial litigation.
Associate, Paul Hastings LLP
Derek Turnbull is an associate in the Litigation practice of Paul Hastings LLP and is based in the firm’s Washington DC office. His practice focuses on white collar defence, primarily the Foreign Corrupt Practices Act and US sanctions regulations.
He has worked on corruption- and sanctions-related internal investigations for large multinational corporations, investigated financial fraud in a mid-sized domestic firm and contributed advice to clients on the rapidly evolving sanctions frameworks against Russia and Iran.
Mr Turnbull received his law degree in 2016 from the University of Michigan Law School, where he was an associate editor of the Michigan Journal of International Law. He has previously lived and worked in China and Israel. He is admitted to practise law in the District of Columbia and New York.
Ramesh K Vaidyanathan
Managing partner, Advaya Legal
Ramesh K Vaidyanathan is a general corporate lawyer with extensive experience in M&A, projects and infrastructure, construction and aviation. Before founding Advaya Legal, he was in private practice as resident partner of the Mumbai office of a large Indian law firm and as the general counsel to a large Indian infrastructure company. During his initial stint in private practice, he specialised in all aspects of corporate law. He helped set up several international companies in India, which involved advice on such matters as company formation, joint venture documentation, regulatory approvals and employee agreements. His in-house role primarily involved the development and modernisation of Mumbai International Airport. His key practice areas in Advaya are general corporate, projects and infrastructure and aviation. Mr Vaidyanathan is an officer of the Asia Pacific Forum of the International Bar Association (IBA) and a member of the International Young Lawyers Association (AIJA) and the Inter Pacific Bar Association (IPBA). He teaches some modules for the Indian law course at the Michigan State University in the US.
Senior attorney, ALRUD Law Firm
Roman Vedernikov is a senior attorney at ALRUD Law Firm, Moscow. He advises clients on compliance with Russian antitrust and anticorruption legislation, participates in the conduct of antitrust/anti-corruption due diligence and cartel investigations, and represents clients following dawn raids by FAS Russia. As a member of the white-collar crime, compliance and internal investigations practice, he also actively participates in projects related to internal investigations and developing internal anticorruption policy for both Russian and foreign companies doing business in Russia.
Mr Vedernikov graduated from MGIMOUniversity, International Trade Law Department. He completed a master’s programme at the National Research University – Higher School of Economics, Law Department.
Attorney, Member of the Brussels Bar
FranÇois Vincke is a member of the Brussels Bar with extensive legal experience, including with Wilkie, Farr & Gallagher until 2006. He served until July 2000 as secretary general of Petrofina, the multinational energy and chemicals corporation. Since 1994, he has been head of anticorruption at ICC, first as chairman of the Commission on Anti-corruption and later as vice chair of the Commission on Corporate Responsibility and Anti-corruption. He has also led a number of Commission publications.
Mr Vincke is a renowned international expert on anti-corruption and self-regulation. He has also co-authored a number of books and articles on corporate governance and corporate practice, including: Anti-corruption in Belgium – corporate good practices; Companies and globalization – opportunities and risks, legal strategies; Legal tracks I, Essays on contemporary corporate and finance law; Legal tracks II, Essays on international and domestic contracts and torts; and ICC Ethics and Compliance Training Handbook.
Associate, Cassels Brock & Blackwell LLP
Stephanie Voudouris is an associate at Cassels Brock & Blackwell LLP. She has an active commercial litigation practice with a focus on securities litigation. She has acted for companies, directors and officers, and shareholders in transactional litigation arising from shareholder disputes, oppression claims, proxy fights and class actions, including primary and secondary market liability claims. She has also acted in a wide range of commercial litigation matters involving contract disputes and insolvency proceedings. She has appeared before a number of courts and has experience with private arbitration and mediation proceedings.
Ms Voudouris received her JD in 2013 from Osgoode Hall Law School, where she graduated in the top ten per cent of her class. She is an active member of the Hellenic Canadian Lawyers’ Association and sits on the Board of Directors of Young Women in Law.
Partner, Johnson, Winter & Slattery
Robert Wyld specialises in dispute resolution and has advised many national and international clients, including individuals, public and private companies and statutory authorities in the banking and securities, telecommunications, health and pharmaceutical, aviation, construction, and power and energy industries.
His work has a particular focus on commercial crime and fraud, anti-corruption and bribery investigations (arising from employment and business conduct) and prosecutions, sanctions, money-laundering, extradition and domestic and international taxation-related disputes. Mr Wyld was the co-chair of the International Bar Association’s Anti-Corruption Committee for 2015–2016. He appears regularly across the Australian media as a specialist and expert on bribery and corruption issues. He has published foreign bribery texts in Australia, the United Kingdom, Germany and France (with the OECD) and has been recognised as a leading anticorruption lawyer by Chambers Asia Pacific (2016–2017), Best Lawyers in Australia (Litigation), the Global Awards Corporate LiveWire 2017 (Anti- Corruption Law services), Who’s Who Legal for Business Crime and Investigations and the 2018 Who’s Who Legal: Thought leaders – Investigations in Australia.
Zhaopeng Yang (Neo Yang)
Associate, Zhong Lun Law Firm
Neo Yang is an associate with Dr Haixiao Helen Zhang’s team at Zhong Lun Law Firm in Shanghai. He graduated from Fudan University in 2017. Prior to joining Zhong Lun Law Firm, He worked as an intern with CMS Hasche Sigle Shanghai, Gowling WLG and other leading local firms, and has participated in various projects in the foreign direct investment, M&A and corporate compliance fields.
Partner, ALRUD Law Firm
German Zakharov is a recognised expert in the antitrust regulation field and supports clients on a wide range of antitrust issues, including coordination of merger control transactions with FAS Russia, cartel investigations, advising on distributorship agreements, and analysing compliance of commercial agreements with antitrust requirements. He represents companies during ‘dawn raids’ carried out by FAS Russia and its territorial sub-divisions, and also represents clients before the courts. As a member of the firm’s white-collar crime, compliance and internal investigations practice, he renders legal support to companies with regard to compliance with applicable criminal and antitrust legislation, and assists in drafting and implementing internal policies and compliance procedures.
Mr Zakharov graduated with honours from the Law Faculty of Lomonosov Moscow State University and completed ‘Economics in Competition Law’ and ‘EU Competition Law’ programmes at King’s College London.
Haixiao Helen Zhang
Partner, Zhong Lun Law Firm
Dr Haixiao Helen Zhang is a partner with Zhong Lun Law Firm in Shanghai. She graduated from the University of Pennsylvania in 2002 and graduated with an LLB and a doctoral degree from Fudan University in 1995 and 2013 respectively. She was admitted to practise law in the PRC in 1995.
Dr Zhang is one of the leading PRC legal counsel for multinational companies doing business in China and advises on regulatory compliance and IP. She has also been retained as main legal counsel by the Shanghai Pudong government since 2013 and by Shanghai MOFCOM since 2016. She is a member of the Administrative Review Committee of the Shanghai Pudong government and has been selected to deal with cases in the Shanghai Free Trade Zone since 2015.
Prior to joining Zhong Lun Law Firm eight years ago, Dr Zhang worked as a senior lawyer and partner with Weil Gotshal & Manges LLP and other leading international and local firms for a total of 20 years.
Prior to joining Navacelle in 2012, Julie Zorrilla previously worked in the Direction of Legal Affairs at the French Ministry of Economic Affairs and Finance in 2012 and was a law clerk to the Paris Court of Appeal in 2011.
Over the past few years, Ms Zorrilla has worked on cases with complex cross-border financial and criminal implications (including embargos, index manipulation and SSA) and involving top executives and major foreign and French financial institutions. Ms Zorrilla has also handled large-scale corruption cases advising on both legal and communication strategies. Ms Zorrilla has assisted clients in setting up internal investigations in relation to litigation and pre-litigation matters.