Coverage

Panellists urge anti-corruption enforcers not to “break” companies

Panellists urge anti-corruption enforcers not to “break” companies

18 October 2019

Brazilian agencies handing down fines for corruption must prioritise punishing individuals rather than the company as a legal entity, heard delegates at Latin Lawyer - GIR Live 7th Annual Anti-Corruption & Investigations, held yesterday in São Paulo.

Argentine politics could change anti-graft investigations, hear delegates

Argentine politics could change anti-graft investigations, hear delegates

31 October 2019

Argentina’s high-profile Cuadernos graft scandal might change its course under a new government, heard delegates at Latin Lawyer - GIR Live 7th Annual Anti-Corruption & Investigations, held earlier this month in São Paulo.

FBI wants new unit for Brazilian evidence requests

FBI wants new unit for Brazilian evidence requests

14 November 2019

The FBI’s Brazilian office has asked the US Department of Justice (DOJ) for extra resources to handle requests for information from local authorities, according to a senior official. By Will Neal

Chairs

Andrew Levine

Debevoise & Plimpton, New York

Andrew Levine is a litigation partner who focuses his practice on white collar and regulatory defense, internal investigations and a broad range of complex commercial litigation. He regularly defends companies in criminal, civil and regulatory enforcement matters and has conducted numerous investigations throughout the world.

Renata Muzzi Gomes de Almeida

TozziniFreire, São Paulo

Renata is a Partner at TozziniFreire’s Compliance & Investigation practice group, and focuses her practice on compliance matters, with particular expertise in internal investigations. Her experience includes general counseling in anti-corruption and compliance matters, development of compliance programs, trainings, risk assessments and anti-corruption audits in the context of M&A transactions.

Shin Jae Kim

TozziniFreire, São Paulo

Shin is a member of TozziniFreire’s Executive Committee, and focuses her practice on mergers and acquisitions, corporate law, and regulatory compliance matters. Shin has over 25 years of experience in mergers and acquisitions and other transactional work, and advises investors from various countries in their inbound and outbound investments.

Keynote Speakers

David Brassanini

Chief of Operations, Legal Attache at Federal Bureau of Investigation (FBI)

Sara Martins Gomes Lopes

Attorney for Brazil, Public Property and Anti-corruption Department, Attorney General’s Office (AGU), Brasília

Attorney for Brazil at the Attorney General’s Office (AGU) since 2013, member of the Public Property and Anti-corruption Department since 2014. Mentored and contributed, along with other experts, to the OECD’s 2019 Study “Resolving Foreign Bribery Cases with Non-Trial Resolutions”. Represents AGU as a member of the Brazilian delegation in Anti-corruption international forums such as the OECD’s Working Group on Bribery in International Business Transactions and OAS’s MESICIC - Follow-Up Mechanism for the Implementation of the Inter-American Convention against Corruption. Has been working with anti-corruption and leniency agreements at AGU since early 2017, in concluded and ongoing cases.   

Speakers

Alejandra Montenegro Almonte

Miller & Chevalier, Washington, DC

Alessandra Gonsales

WFaria, São Paulo

Ana Paula Martinez

Levy & Salomão, São Paulo

Antenor Madruga

Feldens Madruga, Brasília

Eric Snyder

Jones Day, São Paulo

Felipe Dantas

Federal Attorney and General Counsel, the Office of the Comptroller-General (CGU), Brasília

Geert Aalbers

Control Risks, São Paulo

Glenn Pomerantz

BDO, New York

Gustavo L Morales Oliver

Marval O'Farrell & Mairal, Buenos Aires

Gustavo Machado Gonzalez

Commissioner, Securities and Exchange Commission of Brazil (CVM), Rio de Janeiro

Héctor Gadea

Rebaza, Alcázar & De Las Casas, Lima

Jonathan S. Kolodner

Cleary Gottlieb Steen & Hamilton, New York

José Valentín González

D'Empaire, Caracas

Kara Brockmeyer

Debevoise & Plimpton, Washington, DC

Karla Lini Maeji

TozziniFreire, São Paulo

Lucia Maria Martins Casasanta

Centrais Elétricas Brasileiras - Eletrobras, Rio de Janeiro

Luciano Dequech

Odebrecht, São Paulo

María González Calvet

Ropes & Gray, Washington DC

Marina Coelho Araújo

Costa, Coelho Araujo e Zaclis, São Paulo

Maximiliano D'Auro

Beccar Varela, Buenos Aires

Reynaldo Goto

Chief Compliance Officer, BRF, São Paulo

Taissa Macaferri Licatti

Head of Ethics & Compliance, Ambev, São Paulo

Thiago Luís Sombra

Mattos Filho, Brasília

8.30: Welcome coffee and registration

9.00: Chair’s welcome

Andrew Levine, Debevoise & Plimpton, New York

9.20: Brazil’s latest enforcement waves

Anti-corruption enforcement in Brazil continues proliferating. In addition to the oil & gas, construction, and infrastructure sectors, recent enforcement has impacted other industries, including pharmaceuticals and medical devices, finance, and technology. While the scope of such enforcement expands, coordination among Brazilian authorities still requires improvement. At the same time, anti-corruption enforcers around the world are more coordinated than ever, causing further challenges for self-reporting and cooperation. A growing number of companies in Brazil are both seeking to combat corruption and willing to cooperate with governmental investigations. In this session, renowned lawyers will discuss the latest enforcement priorities and prosecutions in Brazil, as well as what to expect from Brazil’s evolving enforcement environment.

Moderator
Shin Jae Kim, TozziniFreire, São Paulo

Panel:
Ana Paula Martinez, Levy & Salomão, São Paulo
Antenor Madruga, Feldens Madruga, Brasília 
Felipe Dantas, Federal Attorney and General Counsel, the Office of the Comptroller-General (CGU), Brasília 
Eric Snyder, Jones Day, São Paulo and Washington DC

10.20: Morning Keynote

Sara Martins Gomes Lopes, Attorney for Brazil, Public Property and Anti-corruption Department, Attorney General’s Office (AGU), Brasília

11.00: Coffee break

11.30: Managing potential tensions between the interests of companies and their employees in government investigations

In the context of government investigations, the interests of companies and their employees sometimes diverge, including as to self-reporting and cooperation. Prosecutors typically want to understand which employees caused and were aware of corporate misconduct, while individuals naturally want to avoid the spectre of prosecution. For companies seeking cooperation credit from prosecutors, there is an undeniable incentive to report on the conduct of culpable employees, fuelling the proverbial concern of individuals getting “thrown under the bus.” In the United States, the number of individuals recently prosecuted under the FCPA has grown considerably, often without a corresponding U.S. corporate enforcement action. Many of the Cuadernos prosecutions in Argentina, as another example, have focused on individuals. This panel of seasoned investigative experts will consider ways of navigating the sometimes disparate interests and rights of companies and their employees, including in conducting interviews, retaining counsel for individuals, maintaining privilege, reporting to regulators, and entering into settlement agreements.

Moderator
Marina Coelho Araújo, Costa, Coelho Araujo e Zaclis, São Paulo

Panel:
Gustavo Morales Oliver, Marval, O'Farrell & Mairal, Buenos Aires
Luciano Dequech, Odebrecht, São Paulo
Karla Lini Maeji, TozziniFreire, São Paulo
Kara Brockmeyer, Debevoise & Plimpton, Washington DC

12.30: The era of corporate governance

With increasing anti-corruption and other enforcement, there is an understandable focus on enhancing corporate governance. Companies and their boards are seeking to assess and bolster internal structures for detecting, preventing, and remediating corporate wrongdoing. This panel of leading experts will examine best practices for executing the respective roles of boards and management, including as to corporate governance generally and the oversight of sensitive investigative matters more specifically. Panelists will address how to ensure and nurture effective and transparent relationships among boards (and various board committees), management, and all employees. The panel also will discuss the boundaries of ethical and legal perspectives given the role of different corporate governing bodies; individual liabilities versus social and corporate interests; and the limits of business judgement.

Moderator
Andrew Levine, Debevoise & Plimpton, New York

Panel:
María González Calvet, Ropes & Gray, Washington DC
Glenn Pomerantz, BDO, New York
Gustavo Machado Gonzalez, Commissioner, Securities and Exchange Commission of Brazil (CVM), Rio de Janeiro
Lucia Maria Martins Casasanta, Centrais Elétricas Brasileiras - Eletrobras, Rio de Janeiro

13.30: Networking lunch

14.45: Regional perspective on corruption and its close cousins: fraud, money laundering, cartels, and more

As Operation Lava Jato and its progeny demonstrate, the potential links among corruption, fraud, money laundering, and cartels are undeniable and perhaps unavoidable. The proceeds of criminal activity often require laundering, and cartels unsurprisingly may rely on corruption in order to carve up markets and unfairly procure government contracts. For example, in Brazil’s Operation Resonance, authorities arrested individuals accused of defrauding healthcare bids through price-fixing cartels. In Mexico, the arrest warrant issued in June for the former head of Pemex encompassed offenses including bribery, fraud, and money laundering. Colombia’s former National Anti-Corruption Director and a local lawyer previously pleaded guilty in the United States to participating in a conspiracy to launder money to promote foreign bribery. Authorities in Peru charged a former president and his wife with money laundering – and, in the case of his wife, also the crime of concealment – flowing from alleged corruption. Meanwhile, the Panama Papers unleashed a trail of investigative and enforcement activity entailing fraud, money laundering, tax evasion, and more. This panel of anti-corruption experts will address these persistent connections and more broadly the state of enforcement in the region.       

Moderator
Jonathan S. Kolodner, Cleary Gottlieb Steen & Hamilton, New York

Panel:
José Valentín González, D'Empaire Reyna Abogados, Caracas
Maximiliano D’Auro, Beccar Varela, Buenos Aires
Héctor Gadea, Rebaza, Alcázar & De Las Casas, Lima
Alejandra Montenegro Almonte, Miller & Chevalier, Washington DC

15.45: Coffee break

16.10: Afternoon Keynote

David Brassanini, Chief of Operations, Legal Attache at Federal Bureau of Investigation (FBI), Brasília 

16.50: Innovative uses of technology in compliance and investigations

Artificial intelligence and other technological innovations are impacting significantly how companies and their outside advisors structure compliance programs and conduct internal investigations. Many companies are experimenting with new approaches in areas such as due diligence, third-party oversight, and overall compliance monitoring and testing. Computer algorithms sometimes can detect concerning patterns of employee behaviour or even circumstances in which such behaviours are more likely to materialise. On the investigative front, technological changes include computer-assisted document review and other innovations intended to increase efficiency and decrease costs. This panel of experts will discuss innovative uses of technology in compliance and investigations, including how companies can best access the potential benefits; corresponding risks around reliability and credibility with regulators; and the continuing importance of human judgment in leveraging these tools.   

Moderator
Thiago Luís Sombra, Mattos Filho, Brasília 

Panel:
Geert Aalbers, Control Risks, São Paulo
Taissa Macaferri Licatti, Head of Ethics & Compliance, Ambev, São Paulo
Reynaldo Goto, Chief Compliance Officer, BRF, São Paulo
Alessandra Gonsales, WFaria Advogados, São Paulo

17.50: Chair’s closing remarks

Shin Jae Kim, TozziniFreire, São Paulo 
Renata Muzzi Gomes de Almeida, TozziniFreire, São Paulo 

17.55: All delegates are invited to the drinks reception kindly hosted by FeldensMadruga

Further information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email llevents@latinlawyer.com

Venue

Tivoli Mofarrej São Paulo Hotel, Alameda Santos, 1437 - Cerqueira César, São Paulo - SP, 01419-001, Brazil

Testimonials

  • “Excellent overall programme. Thank you!” Gabriela Lanza, Corporate Counsel Caterpillar Inc.

  • “The Latin Lawyer conferences gather the leading lawyers from the region to discuss the most significant current legal topics. A must go event for Latin American practitioners.” Fulvio Italiani, D'Empaire Reyna Abogados

Prices

Private Practitioner
Type Price Expires
Super Early $650  06 Sep 2019
Early $750 04 Oct 2019
Standard $850 17 Oct 2019

 

In-house/governmental
Type Price
Standard $0