All Things Investigations: Recent Episodes
Tom Fox
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations practice group’s podcast All Things Investigations. Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group represents many of the premier companies around the world, providing advice on issues spanning the full anti-corruption and compliance spectrum. In this podcast host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations practice group will highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. We will tackle topical issues involved in investigations as well as explore how companies can help prevent and detect issues that arise in conducting business on a worldwide basis.
In this episode of All Things Investigations, Tom Fox and Laura Perkins delve into the workings of the FCPA unit within the fraud section of the Department of Justice. This unit, pivotal in investigating and prosecuting Foreign Corrupt Practices Act violations, operates within a robust hierarchy and collaborates extensively with other agencies.
Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white collar criminal investigations. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes.
You’ll hear Tom and Laura discuss:
There was a recent transition in leadership within the DOJ’s FCPA unit, with an acting head taking the reins. Such changes can potentially shift the direction or focus of the unit.
The FCPA unit maintains a collaborative approach, liaising closely with other agencies such as the IRS, FBI, and the Department of State, ensuring a holistic investigative process.
Despite being two distinct units, the DOJ's FCPA and the SEC's FCPA work closely during parallel investigations. However, certain limitations arise from grand jury issues, preventing complete sharing.
Operating within the fraud section, this unit plays an instrumental role in evaluating corporate compliance programs, selecting compliance monitors, and contributing to policy developments and department-wide initiatives.
The Corporate Enforcement, Compliance, and Policy Unit has the task of handling FOIA requests, underscoring its role in promoting transparency and information access.
The relationship between the chief of the FCPA unit and the head of the fraud section is important as their interactions can potentially influence the direction and outcome of cases.
The fraud section provides weekly case summaries to the Deputy Assistant Attorney General's office. This demonstrates the department's diligent and ongoing monitoring and reporting system.
The FCPA unit doesn't operate in isolation; it partakes in international collaborations on bribery issues, highlighting its commitment to global anti-corruption efforts.
KEY QUOTES “[In] the FCPA unit, prosecutors and supervisors handle investigations and cases involving Foreign Corrupt Practices Act or potential Foreign Corrupt Practices Act violations.” - Laura Perkins
“[The DOJ and SEC have] a very close relationship, and often cases are worked in parallel, not necessarily jointly, because there are potential discovery issues that can be created if it's a joint investigation.” - Laura Perkins
“The [Corporate Enforcement, Compliance and Policy Unit] has a major role in assisting prosecutors in evaluating corporate compliance programs as well as overseeing any compliance monitors that are put in place.” - Laura Perkins
Resources Hughes Hubbard & Reed website Laura Perkins on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I joined by HughesHubbardReed partners Kenyen Martin and Kevin Carroll as we continue to review the various indictments against former President Trump. In this episode we look at the state court Indictment from Georgia. The use of Racketeer Influenced and Corrupt Organizations (RICO) charges in the Georgia indictment against former President Trump is seen as a bold move by legal experts. The indictment includes a wide range of individuals at different levels of government, raising concerns about its sweeping scope and potential consequences. The conversation between Tom, Kenyan, and Kevin delves into the challenges and complexities of the election fraud trial, including the large number of defendants and potential disruptions in the proceedings. The podcast also discusses the difficulties faced by accounting prosecutors in bringing a case against the President and the importance of judicial restraint in maintaining order and fairness in the legal system. Overall, the podcast provides insights into the significance of the RICO charges, the concerns surrounding the Georgia indictment, and the challenges faced in prosecuting high-ranking officials. Key Highlights · RICO Charges in Trump Indictment · Georgia Indictment: Bold and Daring Move · Challenges and Complexity of the Election Fraud Trial · Challenges in Prosecuting the President · Judicial Restraint and Building a Record in the Jan6 Indictment in DC Resources Hughes Hubbard & Reed website Kenyen Brown bio Kevin Carroll bio Anti-Corruption and Internal Investigations Practice Group
In this episode of All Things Investigations, host Tom Fox discusses the legal intricacies surrounding the Donald Trump indictments with legal experts Kenyen Brown and Kevin Carroll. Tearing apart the indictment against the former President, the conversation illuminates the reality of a country grappling with the unprecedented indictment of its former Commander-in-Chief. They dive deep into the evidence, the potential repercussions, and the broader implications for the legal profession and democracy itself.
Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a professor, and former Assistant Attorney General for the U.S. Department of Justice. He has also served as a senior counsel to the House Homeland Security Committee. Kenyen is a former federal prosecutor and currently serves as the President of the National Bar Association.
You’ll hear Tom, Kenyen and Kevin discuss:
The indictment against Donald Trump centers around "prolific lies" used to defraud the United States citizens and election officials, aiming to overturn the 2020 election results. This has legal implications far beyond insurrection.
The evidence collected against Trump is expansive, including public statements, internal campaign emails, attorney-client privilege documents, voicemails, and audio recordings.
There's potential for more evidence that can prove the charges brought against Trump, as the indictment itself was written in plain English, suggesting transparency and inclusivity for all concerned citizens.
The indictments were carefully formulated to avoid charges of sedition or insurrection, focusing instead on a set of charges that come with very serious sentences.
Some of the unindicted conspirators may potentially flip on Trump and provide crucial testimony against the former president. However, the roles of distinguished members of the legal profession in the alleged coup d'etat raise concerns about ethics training and professional discipline at the bar.
The likely trial date for this case is expected to be around six to ten months in the future, depending on the course of pretrial motion practice and the scope of the issues being relitigated.
The upcoming trial could potentially be the most important in American history, hence all counsel should be given adequate time to prepare.
Kevin explains that the oath to the Constitution, not to the Commander-in-Chief, holds deep importance for him and his peers. This oath suggests that the co-equal branches of the government, including the federal judiciary and Congress, deserve equal loyalty.
The troubling presence of veterans and a small number of active-duty personnel at the January 6 riot, was deeply disappointing to Kevin.
Kenyen says, as a prosecutor, it is a great honor to represent the United States of America. He emphasizes the weight of the responsibility and the seriousness with which he took his duties of candor and good stewardship of information.
The fact that the National Guard was not deployed to aid the Capitol police during the riot, given that only the president can order their deployment in the District of Columbia, suggests that this decision was part of an attempt to pressure Congress and Vice President Mike Pence. President Trump may find it difficult to convince the public of the legitimacy of his actions.
Resources Hughes Hubbard & Reed website Kevin Carroll on LinkedIn Kenyen Brown on LinkedIn
Tom Fox and guests Kenyen Brown and Kevin Carroll take a deep dive into the legal drama surrounding President Trump. On this week's episode of All Things Investigations their seasoned attorneys walk us through three major legal events that unfolded in a momentous week. They uncover the delicate balance of political and legal intrigue, explain court strategies, and reveal the ins and outs of the judicial process.
Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a professor, and former Assistant Attorney General for the U.S. Department of Justice. He has also served as a senior counsel to the House Homeland Security Committee. Kenyen is a former federal prosecutor and currently serves as the President of the National Bar Association.
You’ll hear Tom, Kenyen and Kevin discuss:
The surprising lack of preparation on President Trump's defense team's part. They were surprised by the lack of a structured legal argument and the pleading for a trial after the election.
Is there any merit to the defense's claim that the amount of information to be reviewed necessitates a delay? Kenyen and Kevin agree that the defense might be asking for too long of a delay; however, they do not rule out a timeline extension due to the volume of documents involved.
Trump's defense does not have a large legal team to sift through the discovery material.
They examine the defense strategy, in particular the call for the trial not to be held before the election. Such a privilege is not usually granted to typical defendants.
Kevin voices his concerns over the defense's public statements, questioning the judge's hesitance in issuing gag orders. Kenyen speculates that the choice of the federal district for this case could be strategic on the part of the Justice Department, aiming for a more credible verdict.
They discuss Trump's announcement about receiving a target letter from Jack Smith, and its implications. They believe that it indicates that the Special Counsel believes there is already probable cause to indict Trump.
Tom wonders if Smith's motivation was to pre-empt any indictment that might have been made by the state of Georgia.
Kevin speculates that the Justice Department might have been embarrassed by the January 6 Committee progressing far ahead of their investigation. He posits that it would be even more mortifying if a smaller District Attorney's office managed to build a significant conspiracy and racketeering case against the President while the DOJ was lagging behind.
Kenyen emphasizes that justice should be their main focus and he would hope that the pace of Smith's actions is determined by the facts and evidence he has, rather than being influenced by a state prosecutor's progress.
Would the District of Columbia be an appropriate venue for a case involving the January 6 insurrection? Kevin believes so since most of the activity relating to January 6, including the preparation and the event itself, happened in DC.
Tom asks Kenyen and Kevin for their views on this matter of the recent announcement from the Attorney General of Michigan, who charged a series of persons claiming to be electors from Michigan but who were in fact fraudulent.
KEY QUOTES "I would hope that federal authorities are not motivated by what might be taking place in a parallel state jurisdiction. In other words, your master in these circumstances is supposed to be justice…" - Kenyen Brown
"The only thing worse than getting a target letter from the Justice Department is when everybody else who was involved in the crime, except you, didn't get a target letter, they suggest that everybody's cooperating against you." - Kevin Carroll
Resources Hughes Hubbard & Reed website Kein Carroll on LinkedIn Kenyen Brown on LinkedIn
Mike Huneke and Jan Dunin-Wasowicz join Tom Fox on this episode of All Things Investigation, to shed light on key ideas and challenges faced by companies and compliance professionals in the evolving landscape of trade sanctions and anti corruption compliance. They explore the shift from traditional know your customer (KYC) practices to a more comprehensive anti-corruption mindset, the impact of sanctions on various sectors in Europe as well as the convergence of anti-evasion practices. Focusing on the recent emphasis on trade sanctions and their impact on global business, Mike and Jan offer valuable insights and practical guidance for companies navigating these complex regulatory landscapes.
Mike Huneke and Jan Dunin-Wasowicz are partners at Hughes Hubbard and Reed. They are both anti-corruption lawyers with a passion for bridging the gap between ABC and trade sanctions compliance. Mike and Jan provide valuable expertise to companies seeking to align their risk management strategies with the evolving regulatory landscape.
You’ll hear Tom, Mike and Jan discuss:
The impact of the Russian invasion of Ukraine and the subsequent trade sanctions imposed by the US and Europe.
Companies need to move beyond traditional KYC analysis and adopt an anti-corruption mindset when dealing with trade sanctions compliance. Mike emphasizes that this shift requires companies to proactively identify and address high-risk countries, red flags, and evasion techniques.
The challenges posed by sophisticated evasion schemes and the importance of adopting a holistic approach that combines the expertise of anticorruption and export controls teams.
A new geography of sanctions risks has emerged, with companies having to navigate potential risks not only directly linked to Russia but also arising from the global ripple effects. It’s therefore important to incorporate a dynamic and flexible framework that can adapt to changing geopolitical dynamics and future risks beyond the current focus on Russia.
Jan points out that with the imposition of Russia sanctions, entire segments of the European economy are affected by controls and measures. This extends beyond financial institutions and requires operators in different sectors to learn about and navigate sanctions compliance, leading to a steep learning curve.
In-house compliance departments need to address trade sanctions risks, with a focus on collaboration between anti-corruption and export controls teams to identify and address the highest risks of evasion.
The convergence of anti-corruption and trade sanctions compliance: The focus is on combating evasion techniques, such as the use of third parties and assessing risks to prevent bribery and sanctions violations.
Compliance professionals and companies face increasing pressure and find themselves in complex situations. The goal is to develop frameworks and methods that help professionals navigate and operate in a world that is becoming more complicated by the day.
KEY QUOTES: "KYC is dead, and you have to apply an anti-corruption mindset to trade sanctions compliance." - Mike Huneke
"If those two teams work together, I think you can identify very defensible and well-documented ways to identify what are the highest risks of evasion and then taking that skepticism and maybe paranoia that we develop in the anticorruption space and applying it to those select transactions." - Mike Huneke
"Two-thirds of the world population live in countries that haven't imposed sanctions on Russia or simply don't really care for the sanctions in Russia." - Jan Dunin-Wasowicz
"The goal here, really, in this exercise is to formulate a framework, formulate a method to look at this problem, to make the life of an in-house lawyer compliance professional a little easier." - Jan Dunin-Wasowicz
Resources: Hughes Hubbard & Reed website Mike Huneke on LinkedIn Jan Dunin-Wasowicz on LinkedIn
Welcome to the award-winning podcast All Things Investigation. Join Tom Fox on All Things Investigation, where he is joined by Kenyen Brown and Kevin Carroll, partners at Hughes Hubbard Reed, as they discuss the recent Indictment of the former President. Brown described the indictment as “mind-boggling in its specificness,” providing strong evidence of guilt. The charges include mishandling classified information, with a strong focus on the Espionage Act. Further, the hosts discuss the severity of the charges, sensitive material, and the potential penalty the former president could face, which could mean up to 20 years imprisonment and a $250,000 fine for each count! You want to attend the discussion on the attorney-client privilege and the possibility of Judge Cannon recusing herself from the trial. You will learn much about this unprecedented Indictment with the hosts’ legal expertise. Key Highlights: · Analyzing an Espionage Act Indictment · Charges for mishandling classified information · Piercing Attorney-Client Privilege in Florida Courts · Potential penalties for charges against former president · Judicial Impartiality and Independence · Federal Trial Process & Political Implications Notable Quotes: “All this indictment is mind-boggling in its specificness. I’ve never seen this type of indictment with this much detail. First, that indicates to me they’ve got the goods.” “And repeatedly, the National Archives and then the Justice Department through the FBI asked for the documents to be returned, and not only were they not returned, but it appears that there was a conspiracy to obstruct justice to keep them from being returned.” “Only a small number of people, such as the President of the United States, chairman of the Joint Chiefs, need to have that. These are the absolute crown jewels of the intelligence and defense communities deliberately mishandled.” “The attorney’s testimony can be admitted.” Resources Hughes Hubbard & Reed website Kenyen Brown bio Kevin Carroll bio
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Philip Giordano of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally. Phillip Giordano is a partner in the Hughes Hubbard Antitrust Group, focusing on a variety of national and international antitrust matters, including complex criminal antitrust investigations and litigation, civil non-merger government investigations, and mergers and acquisitions. Philip also personally practices in the area of criminal defense. Key areas we discuss in this podcast:
LiveNation and Ticketmaster have been on the DOJ’s radar for quite some time.
Defining vertical and horizontal integration.
Why the DOJ was concerned about the primary ticketing market.
Ticketmaster has been criticized for raising ticket prices after the website crashed due to high demand. There was an outcry because before it crashed, Ticketmaster's algorithms raised ticket prices to four or five figures.
Analyzing a concentrated market.
Surge pricing in one market can help the market function competitively in another market.
Resources Hughes Hubbard & Reed website Philip Giordano on LinkedIn
Mike Huneke is a partner in the firm’s Washington office. Among other things, Mike advises clients on navigating and resolving multi-jurisdictional criminal or Multilateral Development Bank (MDB) anti-corruption investigations. He assists companies subject to post-resolution monitorships or other commitments and designs and executes risk-based strategies for due diligence on third parties. Key areas we discuss in this podcast:
The commentary on mergers in the FCPA space is largely around post-acquisition.
The reason for pre-acquisition due diligence.
Questions a potential acquirer should ask before buying a business.
Even if they don't have a program for some voluntary due diligence, sellers with nothing to hide shouldn’t be scared of buyers asking questions.
In advance of a sale, ensure you have clear records of tax considerations and that they are ready to be shared.
The basic mandates from the DOJ around post-closing.
Resources Hughes Hubbard & Reed website Mike Huneke Anti-Corruption Due Diligence Can Help Buyers, Sellers, and Their Advisers to Facilitate Acquisitions
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox, returning guest Kevin Carroll and Kenyen Brown of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally. Kevin Carroll is a partner in the firm’s Washington and New York offices, in its white collar and investigations practices. He represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims. Kenyen Brown, a partner in the firm’s Washington office, focuses primarily on white-collar criminal litigation and compliance counseling, including matters involving the Foreign Corrupt Practices Act (FCPA) and internal and government investigations. With his extensive white-collar litigation experience and refined judgment, Kenyen served as U.S. Attorney for the Southern District of Alabama, to which President Barack Obama appointed him. Key areas we explore on this podcast are:
Why the Jan 6 Committee report would not be a complete investigation unless they ask former Vice President Pence about what he observed that day.
Because of the constitution of the Committee itself, there has been an absence of partisan rancor, which allowed them to tell a narrative from an investigative standpoint. The American people found this very valuable.
The influence of technology in public hearings and investigations.
The significance of the Jan 6 Committee report.
People may get down into the semantics of what the President knew and argue the policy behind whether or not it was an insurrection, but at the end of the day, people were fearful for their lives.
The clarification of the Electoral Count Act.
Resources Hughes Hubbard & Reed website Kevin Carroll on LinkedIn Kenyen Brown on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Tyler Grove of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to full-time associate before taking the position of counsel. Tyler’s specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings. Key areas we explore on this podcast are:
The genesis of Executive Order 14083 relating to CFIUS, and what it entails.
It’s become a standard follow-up question when making CFIUS filings to ask about a US business’ cybersecurity policies.
What is excepted foreign state?
The Biden administration has conducted a holistic approach to business issues that may not have been considered national security issues in the past.
CFIUS has been a flexible tool for the Biden administration to apply foreign policy.
How companies should be prepared to respond when asked to provide information or assistance in a CFIUS review.
Resources Hughes Hubbard & Reed website Tyler Grove on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest, Laura Perkins of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes. Key areas we explain on this podcast are:
How the Monaco Memo instructs prosecutors to evaluate the prosecution of individuals responsible for corporate crime.
The Monaco Memo is guiding prosecutors to charge more foreign individuals as opposed to less.
Steps a company can take to show timeliness to the DOJ.
The Memo underscores the DOJ’s desire for companies to self-report misconduct that they become aware of.
Previously, in determining whether a monitorship was appropriate, prosecutors would look at what state your compliance program was in at the time of resolution.
The importance of clear communication in understanding the DOJ’s expectations.
Resources Hughes Hubbard & Reed website Laura Perkins on LinkedIn
The Hughes Hubbard & Reed website has been updated with the following Anti-Corruption & Internal Investigations advisory:
Cutting Through the Noise: Take‑Aways from the DOJ’s Recent Announcements Regarding Corporate Criminal Enforcement On September 15, 2022, Deputy Attorney General Lisa Monaco announced a series of policy revisions to the U.S. Department of Justice’s approach to criminal enforcement actions against corporations. At a high-level, these new policy revisions show the Department’s desire to take an approach to criminal enforcement that targets the individuals directly responsible for corporate misconduct and encourages companies to assist in preventing misconduct by creating effective compliance programs and cultures. Companies should carefully review these policy changes and identify steps they can take to put themselves in the best position possible should they be subject to a criminal investigation in the future.
For our discussion about these developments, follow this link to our website.
Practice Co-Chair Laura Perkins will cover this topic in-depth in an All Things Investigations podcast, which will be released on Monday, Sept. 26.
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Mike Huneke of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Mike Huneke is a partner in the firm’s Washington office. Among many other things, Mike advises clients on the navigation and resolution of multi-jurisdictional criminal or Multilateral Development Bank (MDB) anti-corruption investigations, assisting companies subject to post-resolution monitorships or other commitments, and designing and executing risk-based strategies for due diligence on third parties.
Key areas we discuss on this podcast are:
Explaining the new CCO certification policy the DOJ has released.
The DOJ has likely made changes to CCO certification policy due to a significant feeling of mistrust about the adequacy of some companies’ compliance with the terms of settlements.
How has the DOJ evolved?
Reasonableness is not a factual basis.
Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification.
What is the role of the monitor?
Resources Hughes Hubbard & Reed website Mike Huneke
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Kevin Carroll of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Kevin Carroll is a partner in the firm’s Washington and New York offices, in its white collar and investigations practices. He represents businesses, senior executives and government officials in congressional and criminal investigations; conducts internal investigations; and litigates national security claims. He is a former CIA Case Officer and a writer whose work has been published in the Wall Street Journal, Washington Post, and Bloomberg Law. Key areas we discuss on this podcast are:
How the DOJ protects the President’s Black Book of Options in the event of a nuclear attack.
It’s certainly irresponsible if a congressman or a senator goes to the well of the House of the Senate and reads classified information into the record, but constitutionally, they can’t be prosecuted for it.
The counterintelligence section of the DOJ is responsible for investigating and prosecuting espionage.
What is the National Archives?
The role of the Secret Service in the execution of warrants.
There's a statute in the Classified Information Protection Act (CIPA) that allows classified information to be shown to a defense lawyer who has security clearance.
Resources Hughes Hubbard & Reed website Kevin Carroll
Christine Kang is a Hughes Hubbard partner at the firm’s New York office specializing in international arbitration, multilateral development banks investigation, compliance, and litigation. She has practiced in China for over 20 years, helping CEOs with compliance issues. Bryan Sillaman is Managing Partner at Hughes Hubbard’s Paris office and works with French and European companies on compliance matters. Formerly, he was an attorney in the Division of Enforcement at the US Securities and Exchange Commission. Key areas we discuss on this podcast are:
US companies should know the top things about anti-bribery and anti-corruption enforcement in China in 2022.
What China’s anti-corruption enforcement looks like in the healthcare sector.
Under China’s Personal Information Protection Law (PIPL), you must first pass a security evaluation under the Cybersecurity Administration of China (CAC) before transferring data overseas.
The concept of companies proactively cooperating with the authorities by providing the information is still new in France.
How the French component of Airbus enforcement action affected French prosecutors.
The French blocking statute was designed to force US authorities through MLAT to get information.
Resources Hughes Hubbard & Reed website Christine Kang on LinkedIn Bryan Sillaman on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and Diego Duran and Salim Saud of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. Diego Duran is a Hughes Hubbard partner and criminal defense attorney licensed to practice in some parts of the US and Mexico, where he spent several years working for one of its top boutique law firms. Salim Saud is an attorney and partner based in Rio de Janeiro, Brazil, at Saud Advogados, in association with Hughes Hubbard. He specializes in anti-corruption and is also the coordinator of the Anti-Corruption Compliance practice at FGV. Key areas we discuss on this podcast are:
The Mexican administration’s approach to anti-corruption investigation and enforcement.
Corporate criminal liability is a fairly recent concept in Mexican law.
Mexico’s National Digital Platform is anticipated to be a centralized database designed to host and process information about federal and state officials.
Brazil has two systems for anti-corruption enforcement; one is led by the CGU and AGU, and the other is led by the NPF.
Assessing the impact of COVID-19 on Brazilian anti-bribery and anti-corruption investigation and enforcement efforts.
Highlights of Brazil’s recent regulations surrounding their anti-corruption law, the Clean Companies Act.
Resources Hughes Hubbard & Reed website Diego Duran on LinkedIn Salim Saud on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Laura Perkins and Jan Dunin-Wascowicz about the intersection of international arbitration, anti-bribery, and anti-corruption compliance. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. Jan Dunin-Wascowicz is an expert in cross-border compliance and regulatory enforcement, multi-jurisdictional internal and government investigations, as well as transnational litigation and international arbitration in both commercial and investor-State contexts. Key areas we discuss on this podcast are:
How increased attention to anti-corruption compliance led to increased arbitration.
The Biden administration has taken a strong position that foreign corruption and corruption in general can be a serious national security concern for the United States.
Red flags are tools that identify risk areas of inquiry.
The outcomes that can arise when a claim of corruption is brought up defensively or against a defendant.
The types of cases that tend to attract anti-robbery and anti-corruption issues.
Compliance professionals should properly document their due diligence activities.
Resources Hughes Hubbard & Reed website Laura Perkins on LinkedIn Jan Dunin-Wascowicz on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Philip Giordano, a partner at Hughes Hubbard, about the Biden administration’s antitrust regulation and enforcement. Philip Giordano is a partner in the firm’s Antitrust Group, focusing on a variety of national and international antitrust matters, including complex criminal antitrust investigations and litigation, civil non-merger government investigations, and mergers and acquisitions. Philip also personally practices in the area of criminal defense. Key areas we discuss on this podcast are:
The biggest changes in the Department of Justice over the last 18 months.
An expected area of expanded enforcement and guidance is going to be in the area of potential competitors, and acquisition of potential competitors and of nascent competitors.
It’s likely that merger reviews are going to take longer.
Expanding the reach of antitrust laws.
You typically do not see wage agreements in no-poach clauses.
Whether Philip expects the Biden administration to maintain their aggressive enforcement and review of mergers and acquisitions.
Resources Hughes Hubbard & Reed website Philip Giordano on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Tyler Grove, counsel at Hughes Hubbard, about the Biden administration’s multilateral approach to sanctions. Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to a full-time associate before taking the position of counsel. Tyler’s specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings. Key areas we discuss on this podcast are:
The differences between the Biden administration’s sanctions vs. those of the past.
The US has imposed a soft embargo on any items subject to its jurisdiction and classified on the commerce control list.
How soon we will be able to see the effectiveness of the Biden administration’s embargo.
We will likely see an expansion of the sanctions imposed for human rights.
It’s important that companies are aware of their suppliers, and how their products are being manufactured.
Anti-boycott issues in China.
Resources Hughes Hubbard & Reed website Tyler Grove on LinkedIn
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Kevin Carroll, a partner at Hughes Hubbard, about congressional committees and investigations. Kevin Carroll is a partner in the firm’s Washington and New York offices in its white-collar and investigations practices. Kevin represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims. Kevin also helps counsel businesses on CFIUS/FIRRMA, cyber security and data privacy, EAR/ITAR, FARA, FCPA, FISA, FMS, and OFAC compliance. Kevin is a Colonel in the United States Army Reserve and a writer whose work has been published in the Wall Street Journal, Washington Post, and Bloomberg Law. Key areas we discuss on this podcast are:
The role of an attorney in a congressional committee around the investigation.
Lawyers in a US attorney’s office are, to a degree, dependent on the cases that the FBI or district police bring them.
How Kevin advises clients through congressional investigations.
Congress is under no obligation to recognize attorney/client privilege.
Preparing a witness for a congressional hearing.
Concerned citizens can raise issues that could lead to congressional investigations.
Resources Hughes Hubbard & Reed website Kevin Carroll
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022. Michael A. DeBernardis is a partner in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. Michael assists clients with internal investigations relating to high-stakes matters including bribery and corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy. Michael has represented clients in connection with inquiries by the U.S. Department of Justice, U.S. Securities and Exchange Commission, and U.S. Senate Permanent Subcommittee on Investigations, among others. Key areas we discuss on this podcast are:
Q1 brought resolutions that were excellent examples for training and increasing understanding of compliance issues.
One of the more difficult aspects of compliance is scoping investigations.
View input from your monitor as an opportunity to truly improve your processes, procedures, and controls. Having a positive relationship with them is hugely valuable.
Developing an investigation plan and protocols is an iterative process.
Changes to the SEC Whistleblower program.
Anti-corruption implications of the Russian invasion of Ukraine.
Resources Hughes Hubbard & Reed website Mike DeBernardis Coburn and the Attorney/Client Privilege
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Kenyen Brown on his journey from the US Attorney’s office to bring ESG programs and initiatives to clients to improve their businesses.
Kenyen Brown is a partner in the Washington, D.C. office of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practices. He is the former US Attorney for the Southern District of Alabama. He also served on the Senate Ethics Committee. Kenyen’s practice focuses primarily on white-collar criminal litigation, and compliance counseling, including matters involving internal and government investigations. In this area, Kenyen has performed compliance program reviews, audits, and risk assessments.
Key areas we discuss on this podcast are:
Role as the US Attorney for the Southern District of Alabama.
Role on the Senate Ethics Committee? Key accomplishments.
Working with police departments and their communities to identify systemic racial and gender discrimination issues.
The ‘S’ in ESG in racial and gender discrimination issues.
The important of managing reputational through a robust ESG program.
Resources Hughes Hubbard & Reed website Kenyen Brown bio Anti-Corruption and Internal Investigations Practice Group
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations practice group’s podcast All Things Investigations. In this podcast host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. In this first episode, I visit with Mike Huneke on discovery dispute in the US v. Coburn criminal action. Mike Huneke is a Hughes Hubbard & Reed partner who has spent his career in both Washington, DC and Paris, France. For his entire 17-year career Mike has been practicing in the anti-corruption space, on everything from investigations and government resolutions, acting as “buffer counsel” to companies subject to compliance monitors, third party and M&A due diligence, and proactive risk assessments and second-level compliance reviews. Most recently, Mike and his Hughes Hubbard colleagues were recognized for their role on the Airbus case by Global Investigations Review. Key areas we discuss on this podcast are:
Individual defendants are wildcards in matters involving privilege claims in FCPA investigations.
The dangers of the over-assertion of privilege to the DOJ and to the Courts.
The false comfort of “oral” disclosures.
The “personal jurisdiction” discussion by the Court.
Beware civil discovery in criminal cases.
Resources Hughes Hubbard & Reed website Mike Huneke bio Anti-Corruption and Internal Investigations Practice Group US v. Coburn, Judge McNulty decision