Alvarez & Marsal Threatscape 2022 Report

FCPA Compliance Report

In this episode of the FCPA Compliance Report, I am joined by Keith Williamson and Henry Chambers, Managing Directors at Alvarez and Marsal. We look at the firm’s Threatscape Report. Highlights of this podcast include:

A. Threat 1-ABC Threats

1. Why do you see a potential increase in anti-corruption investigations?
2. In addition to the US under the FCPA, do you see other countries actively assisting US authorities in ABC investigations?
3. The new DOJ Monaco Doctrine reinstates the Yates Memo, and the DOJ focuses on individuals. What does this mean for ABC investigations?
4. What are some of the key challenges in handling investigations in China?
5. How does this increase in ABC enforcement impact M&A?

B. Threat 2-Fraud and Digital Asset Fraud Threats

1. What are digit assets and digit asset fraud?
2. The US has not yet released many regulations regarding cryptocurrency. What is the role of other countries in such regulation, if any?
3. Why is the Ukraine war the first ‘digital asset war’?
4. How have the worldwide sanctions against Russia impacted the growth and use of digit assets?
5. What key controls and screen tools for digital assets that you advocate a company employ?

C. Threat 3-Data Privacy and Data Protection

1. What is the Personal Information Protection Law, and how does it relate to the Chinese State Secrets and Data Security Laws?
2. How can a non-Chinese company get data out of China?
3. What are some key components of a compliance program for this new law?
4. How does this new law impact investigations in China?

Resources

• Threatscape 2022 report.
• Keith Williamson, MD, and Head of Disputes and Investigations in Asia.
• Henry Chambers, Senior Director, Disputes and Investigations.

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