Overview

The Foreign Corrupt Practices Act Handbook, now in its sixth edition, is consistently a best-selling ABA treatise that imparts practical guidance on anticorruption compliance and investigations. It addresses the elements of the statute's anti-bribery and accounting provisions as well as the potential penalties. This volume reviews in detail common transactions and situations presenting anticorruption risks to multinational corporations; in particular, the use of third-party intermediaries and representatives who have been key to almost 90 percent of all DOJ and SEC FCPA resolutions.

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9781639054220

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Reviews

"Praise for The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers, and White Collar Criminal Prosecutors, Sixth Edition ""This is a must read for any lawyer handling FCPA matters. It is a comprehensive and well written book by Bob Tarun, one of the country's outstanding white-collar criminal lawyers."" --Robert S. Bennett, 1939-2023, Washington, DC ""With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners."" --Robert B. Fiske, Jr., Senior Counsel, Davis Polk & Wardwell LLP, New York ""The Foreign Corrupt Practices Act Handbook is STILL ridiculously good, even better than all the prior editions."" --John S. Siffert, Founder, Lankler, Siffert and Wohl LLP, New York ""Bob Tarun brings a wealth of experience and common sense to a challenging area of the law. His sensible advice addresses all aspects of FCPA and corruption practice and is applicable throughout the globe. Drawing upon his substantial international experience, Tarun identifies the critical issues about which all lawyers and investigators covering this field should be aware. His deep understanding of the relevant issues enables him to explain complicated technical concepts and procedures in a way that is understandable and compelling. In this sixth edition, Tarun, along with Peter Tomczak, analyses the most recent cases and identifies trends currently adopted by prosecutors and regulators. Armed with their insights and suggested approaches, investigators and lawyers can manage cases in this highly charged area with confidence. Failing to take advantage of this resource would be a mistake."" --Lisa Kate Osofsky, Director, The United Kingdom Serious Fraud Office, 2018-2023; and former Deputy General Counsel, Federal Bureau of Investigation, Washington, DC ""Thanks to a first-rate mind and vast practical experience in the FCPA field, Peter Tomczak has become one of the foremost authorities sought out by sophisticated clients. The Foreign Corrupt Practices Act Handbook is an indispensable asset for both inside corporate counsel and law firm attorneys who want to be 'on the top of their game' when facing the rough anti-corruption terrain. Like Peter, the handbook is exceptionally practical and deeply insightful at the same time."" --Vincent J. Connelly, Senior Counsel, Mayer Brown LLP Chicago ""Corruption. Simple to understand but difficult to prevent and detect in a global economy regardless of industry. Transnational risk is ever present. Boards and senior executive management are keenly focused on global risk mitigation. The strategic deployment of corporate resources is an important differentiator for success. Bravo to the authors of the 6th Edition for providing this timely update that will assist business leaders in evaluating key legal, operational, and financial considerations."" --Manny A. Alas, Principal, Alas Advisory, New York ""The Foreign Corrupt Practices Act Handbook is a comprehensive and practical guide to the complexities and nuances of the statute and its application to real world situations. I would strongly recommend it to both my law students beginning their careers and to the seasoned legal practitioner as a critical resource to assist them in advising their clients."" --Eileen Kamerick, Adjunct Professor of Law, The University of Chicago Law School, Georgetown University Law Center and the University of Iowa College of Law ""In order to operate successfully, international companies must be alert to and effectively manage a number of key risk areas including the Foreign Corrupt Practices Act and the UK Bribery Act. To assist these companies in meeting their ethical and legal responsibilities, Bob Tarun, one of the most accomplished white-collar criminal lawyers in the United States, and Pete Tomczak, his brilliant colleague, have now updated and expanded the supremely valuable Foreign Corrupt Practices Act Handbook, which was first published in 2010. I found the sixth edition of the new Handbook, which is 1000 pages in length, to be even better than the prior editions. This Handbook is very well organized, comprehensive, scholarly, well written, and surprisingly easy to navigate. In addition to setting forth in the Handbook all the relevant legal requirements and potential liabilities in the anti-corruption area, the two give the reader dozens of valuable observations, insights, and practical compliance suggestions. Every attorney at any level of experience who works in the international arena will benefit tremendously by having a copy of Tarun and Tomczak's Handbook within arm's length of their desk."" --Jay G. Martin, Owner, Jay Martin Law, and former Associate General Counsel, Vice President and Chief Compliance Officer, Baker Hughes, a GE Company, Houston ""Bob Tarun first taught me about the FCPA over twenty years ago, when I was a student in his White-Collar Criminal Practice course at the University of Chicago Law School - a truly exceptional course that inspired me to become an anti-corruption attorney. Mr. Tarun continues to share his deep knowledge of the FCPA and related anti-corruption laws in the Sixth Edition of The Foreign Corrupt Practices Act Handbook, which contains over 1,000 pages of practical guidance that is grounded in reality and easy to understand. The Handbook provides solutions across the full spectrum of anti-corruption issues and, as my dog-eared copies of the prior editions attest, is a must-have tool for any anti-corruption attorney. The sixth edition is an invaluable anti-corruption resource that will stay on your desk, not in your bookcase."" --Trent J. Sandifur, FCPA and International Anti-Corruption Practice Area Leader, Taft LLP, Indianapolis ""Bob Tarun's book is both a highly accessible and deeply authoritative treatment of the FCPA. It has been invaluable to me, as a practitioner, on several occasions. UK and European lawyers will especially appreciate the way in which the main concepts behind the legislation are explained early, in a thoughtful and comprehensive 'overview' section. The key issue of jurisdiction is also explained straightforwardly and from first principles. As well as detailed legal analysis, the book contains a multitude of practical advice on 'real world' issues and is complemented by very useful appendices containing source material."" --Eoin O'Shea, Head of Corporate Crime Practice, CMS Cameron McKenna Nabarro Olswang LLP London ""One of the most experienced practitioners in the field, Bob Tarun delivers exactly what his title promises: a practical guide to the FCPA. This is the best FCPA book in my library, and I have them all."" --Peter B. Clark, Former Deputy Chief, Fraud Section, U.S. Department of Justice 1977-2005, Washington, DC ""Increasingly aggressive enforcement of the Foreign Corrupt Practices Act during the past 15 years has spawned an entire industry of counselors and investigators - many with limited experience and a few with broad and deep experience, possessing insights founded in experience and practice. There have also been many articles and books written on compliance with the FCPA, most looking the same in addressing the requirements and interpretation of the Act, but lacking the sound, thorough practical advice that corporate counsel need to address both general and specific strategic issues - whether in the early stages of investigation triage or in final negotiations with prosecutors and regulators. In this industry, Bob Tarun and Pete Tomczak stand out - they have a firm grasp of the practical application of the FCPA based upon their hands-on experience as investigators of alleged misconduct in dozens of countries, Bob as a former federal prosecutor and a nationally recognized white-collar criminal defense lawyer, and Pete, as a brilliant legal analyst with an exceptional corporate background. Both truly understand how companies operate and what will - and won't - work in different business environments. The first edition of The Foreign Corrupt Practices Act Handbook was the first book to provide a comprehensive investigative and reference text for not only practitioners but also their audience - companies struggling with proactive and reactive compliance with the Act and challenging investigations. The Sixth Edition expands the advice and coverage of the prior editions and further succeeds in crossing the chasm between a technical reference text and a highly practical FCPA investigative and defense guide. The 1000-page Sixth Edition is a must-have book that should be on the desk of anyone wishing to understand today's application of the Foreign Corrupt Practices Act as well as the direction prosecutors and regulators are moving in international anticorruption enforcement."" --Joe Zier, Retired Partner and Silicon Valley FCPA Practice Chair, Deloitte Financial Advisory Services LLP, Silicon Valley ""An exceptional resource for the forensic accounting professional, Bob Tarun and Peter Tomczak's book is an essential for any professional seeking to better understand the FCPA in real world applications. Whether evaluating potential violations, considering practical compliance measures or gaining an appreciation of the evolving issues in FCPA enforcement, Bob and Pete provide thoughtful insights and practical suggestions evident of their significant experience with all aspects of the FCPA. This book should be required reading for any professional working in FCPA matters."" --John LaBella, Director, AlixPartners LLC, San Francisco The Foreign Corrupt Practices Act Handbook, now in its sixth edition, is consistently a best-selling ABA treatise that imparts practical guidance on anticorruption compliance and investigations. It addresses the elements of the statute's anti-bribery and accounting provisions as well as the potential penalties. This volume reviews in detail common transactions and situations presenting anticorruption risks to multinational corporations; in particular, the use of third-party intermediaries and representatives who have been key to almost 90 percent of all DOJ and SEC FCPA resolutions. The 2024 Sixth Edition updates important chapters on these subjects while expanding its treatment of key corporate issues. These include the fiduciary duties of officers and directors and the FCPA risks in mergers and acquisitions and joint ventures. New to the Sixth Edition is a final chapter discussing in depth the six criminal FCPA trials of individual defendants during the previous seven years, together with analysis of the government's theories, the defense challenges and strategies, and the sentences sought by the DOJ and imposed by five district courts."

Author Information

"Robert W. Tarun (robertwtarun@gmail.com) is an American trial lawyer, writer and student of 19th and the first half of the 20th century courthouse architecture. He has tried over fifty federal jury trials across the country. He has conducted more than one hundred sensitive internal investigations in the United States and over sixty foreign countries. He has counseled public companies on the Foreign Corrupt Practices Act, corporate governance, criminal antitrust, and other white collar criminal matters. He has conducted anti-bribery training for multinational corporations on five continents. Mr. Tarun has represented and defended U.S. and foreign corporations and executives in federal grand jury investigations, Securities and Exchange Commission proceedings, commercial litigation and in trials in twenty states. These matters have involved conspiracy, criminal antitrust (price fixing and bid rigging), export violations, financial fraud, FCPA charges, health care fraud, import violations, mail and wire fraud, securities fraud (accounting, insider trading, and revenue recognition), and tax fraud (U.S. and offshore) allegations. He has visited over one hundred American courthouses. Mr. Tarun has represented multinational companies and executives in sensitive matters in the following foreign jurisdictions: Algeria, Australia, Bangladesh, Belarus, Belgium, Bermuda, Bolivia, Brazil, Bulgaria, Canada, Chile, China, Colombia, Czech Republic, Ecuador, France, Germany, Gibraltar, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lebanon, Libya, Lichtenstein, Macau, Mexico, Netherlands, Nigeria, Norway, Oman, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russia, Qatar, Saudi Arabia, Singapore, South Africa, South Korea, Spain, Switzerland, Syria, Taiwan, Thailand, Turkey, Turks & Caicos, Ukraine, United Arab Emirates, United Kingdom, and Uruguay. Mr. Tarun served as a federal prosecutor for nearly a decade in Chicago, where he was Deputy Chief of the Criminal Receiving and Appellate Division from 1979 to 1982 and the Executive Assistant U.S. Attorney from 1982 to 1985. In 1993 he co-authored and thereafter updated the treatise Corporate Internal Investigations (Law Journal Press 1993-2017). He also published in London ""An American trial lawyer's view of an Old Bailey trial,"" 143 New Law Journal No. 6609 (July 16, 1993). In 2010, Mr. Tarun first authored The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers and White-Collar Criminal Practitioners. In 2010, he, along with Peter P. Tomczak, wrote the Introductory Essay for the 25th Anniversary White Collar Crime Survey--A Proposal for a United States Department of Justice Foreign Corrupt Practices Act Leniency Policy, 47 Am. Crim. L. Rev. 153 (Spring 2010). In 2018 Mr. Tomczak joined him as co-author of the Fifth Edition of The Foreign Corrupt Practices Act Handbook. In 1992, Mr. Tarun was inducted into the American College of Trial Lawyers, chaired its Federal Criminal Procedure Committee from 1999 to 2002, and served on its Board of Regents from 2003 to 2008. He drafted the College's Report on the Proposed Codification of Disclosure of Favorable Information Under Federal Rules of Criminal Procedures 11 and 16, 41 Am. Crim. L. Rev. 93 (Winter 2003) and served as the Regent Liaison for its report Recommended Practices for Companies and Their Counsel in Conducting Internal Investigations, 46 Am. Crim. L. Rev. 73 (Winter 2009). Mr. Tarun is a graduate of Stanford University (B.A.), DePaul University (J.D.), the University of Chicago (M.B.A.). and New York University (M.F.A.). From 2000 to 2005, he taught ""White Collar Criminal Practice"" as a Lecturer-in-Law at the University of Chicago Law School. He has served on the planning committee of the American Bar Association National Institute on White Collar Crime, has chaired, or has been a regular panelist at its annual meetings, as well as presented at the ABA/IBA International Cartel Workshops and to the United Kingdom Serious Fraud Office in London. He is a founder of the Wong Sun Society of San Francisco (1992). Mr. Tarun has been listed in Best Lawyers in America(R) (Commercial Litigation and White Collar Criminal Defense), Chambers USA America's Leading Business Lawyers (Foreign Corrupt Practices Act and White Collar Criminal Defense), The International Who's Who of Business Lawyers--Business Crime Defense, Who's Who Legal Investigations, The 100 Top Lawyers in Illinois, Who's Who Legal Illinois Leading Business Lawyers, and Who's Who Legal California Leading Business Lawyers. The Ethisphere Institute, a leading independent think tank, named Mr. Tarun to its original annual Top Guns List, a national list of 15 white-collar criminal attorneys who are leaders in assisting corporations in effectively handling corporate compliance issues. In 2012 he was appointed the Independent Corporate Monitor for AU Optronics Corporation and AU Optronics America, corporate defendants in the Liquid Crystal Display (LCD) industry price fixing prosecution, United States v. AU Optronics Corp., No. CR 09-0110 (N.D. Cal. Sept. 20, 2012). He was the first corporate monitor in a U.S. criminal antitrust case. He has also served as an expert and consultant to the legal and compliance departments of Fortune 500 companies. Best Lawyers in America(R) through peer review recognized Mr. Tarun as the 2017 White Collar Lawyer of the Year in San Francisco. He is admitted to practice before the California and Illinois bars, numerous federal circuit courts of appeals, and the U.S. Supreme Court. Peter P. Tomczak (peter.tomczak@bakermckenzie.com) is a Partner in the Chicago office of Baker & McKenzie LLP. He serves as the firm's Co-Chair, Global Investigations, Compliance and Ethics. He is a member of the Steering Committee of the Firm's Global Dispute Resolution practice, and also serves on the Firm's Global Professional Responsibility and Practice Committee. He previously served as Chair of the Firm's North America Litigation and Government Enforcement Practice Group, and on the Steering Committee of the Firm's Global Industrials, Manufacturing and Transportation Industry Practice Group. Mr. Tomczak has conducted sensitive internal investigations, in particular those arising under the U.S. Foreign Corrupt Practices Act, for multinational corporations in more than thirty countries. He regularly counsels clients and their boards of directors on corporate compliance, ESG and corporate governance matters. In addition, he has advised clients on anticorruption issues in all phases of merger and acquisition transactions, and has provided anticorruption training to boards of directors and senior executives. Mr. Tomczak also has successfully represented clients in litigating complex business disputes, primarily those among corporate stakeholders and involving alleged breaches of fiduciary duties. He has significant experience with claims for emergency injunctive relief and other extraordinary equitable remedies. He has represented multinational companies and executives involved in sensitive compliance matters in more than thirty countries, including among others Argentina, Brazil, Canada, Chile, China, Colombia, France, Germany, Hungary, India, Italy, Jamaica, Japan, Mexico, Panama, Peru, Russia, Saudi Arabia, Slovakia, South Africa, Taiwan, Thailand, Turks & Caicos, T�rkiye, Ukraine, the United Arab Emirates, the United Kingdom, and the United States. Mr. Tomczak has particular experience in representing and counseling pharmaceutical and healthcare companies, and software and other information technology companies, in regard to anticorruption compliance and bribery investigations. He has advised clients in other industries as well, including among others the manufacturing, industrial, chemical, nuclear medicine, aviation, insurance, and oil and gas industries. Mr. Tomczak regularly publishes and presents on anticorruption, compliance, and corporate governance issues. Among others, in 2010, he co-authored with Robert W. Tarun the Introductory Essay for the 25th Anniversary White Collar Crime Survey--A Proposal for a United States Department of Justice Foreign Corrupt Practices Act Leniency Policy, 47 Am. Crim. L. Rev. 153 (2010). He also has authored among other publications: Chapters 4 (Directors' Duties Regarding Sustainability and ESG) & 17 (Litigation and Risk Management) in Esg In The Boardroom: A Guidebook For Directors (ABA Book Publishing 2022); Practical Guidance for Directors Overseeing Corporate Investigations, NACD Board Leaders' Blog (2018, with Richard Dean); and multiple papers addressing FCPA issues in the transactional context that were presented at the American Bar Association's National Institutes on White Collar Crime. Mr. Tomczak previously served as Co-Vice Chair of the Task Force of the ABA Section of Business Law Corporate Governance Committee on Delineation of Governance Roles and Responsibilities, which published its Report in 65 Bus. Law. 107 (2009). He was named to National Association of Corporate Directors (NACD) Directorship 100--Governance Professionals and Institutions (2018-2022), and received the Economics Outstanding Young Alumni Award from the University of Illinois at Urbana-Champaign (2021). He is a member of the Wong Sun Society of San Francisco. Mr. Tomczak clerked for Vice Chancellor John W. Noble of the Delaware Court of Chancery. He received his Juris Doctorate degree, Magna Cum Laude, Order of the Coif, from the University of Michigan Law School, and was awarded the Daniel H. Grady Prize for graduating first in his law school class. In addition, he received the Emmett E. Eagan Award for excellence in the study of corporate law, the Class of 1908 Scholarship Award for having the highest scholastic average in his second-year law school class, and the Maurice Weigle Scholarship Award for having the highest scholastic average in his first-year law school class. He also served as Articles Editor for the Michigan Telecommunications and Technology Law Review. Mr. Tomczak received his Bachelor of Science in Economics, with Highest Honors, from the University of Illinois at Urbana Champaign, and was named to the Bronze Tablet, which is the University's highest honor for graduating students."

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