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
- Why do you see a potential increase in anti-corruption investigations?
- In addition to the US under the FCPA, do you see other countries are actively assisting US authorities in ABC investigations?
- The new DOJ Monaco Doctrine reinstate the Yates Memo and the DOJ focus on individuals. What does this mean for ABC investigations?
- What are some of the key challenges in handling investigations in China?
- How does this increase in ABC enforcement impact M&A?
B. Threat 2-Fraud and Digital Asset Fraud Threats
- What are digit assets and digit asset fraud?
- The US has not yet released many regulations regarding cryptocurrency. What is the role of other countries in such regulation, if any?
- Why is the Ukraine war the first ‘digital asset war’?
- How have the worldwide sanctions against Russia impacted the growth and use of digit assets?
- What are the key controls and screen tools for digital assets that you advocate a company employ?
C. Threat 3-Data Privacy and Data Protection
- What is the Personal Information Protection Law and how does it relate to the Chinese State Secrets and Data Security Laws?
- How can a non-Chinese company get data out of China?
- What are some of the key components of compliance program for this new law?
- 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.