Mitigating FCPA Risks in Joint Ventures and Consortia

Participating in joint ventures and consortia may offer significant commercial benefits to companies, but can also create risks under both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act (FCPA). Join James Tillen, Chair of Miller & Chevalier’s International Department, and Leah Moushey, Senior Associate, for a discussion on how to effectively identify and manage JV- and consortia-related FCPA risks. 

 

The presentation will address lessons learned from past-FCPA actions involving JVs, strategies for due diligence on JV partners, U.S. government expectations for JV compliance programs and internal controls, and approaches for monitoring and investigating JVs.

 

Presenter Bios 

 

James Tillen is Chair of the International Department. His practice focuses on matters involving the Foreign Corrupt Practices Act (FCPA), money laundering, business and human rights, and other areas of international corporate compliance. He has had significant experience with every facet of an FCPA enforcement matter, from inception to completion, including developing work plans for internal investigations, conducting internal investigations (including in-country witness interviews and document collections and reviews), developing remediation strategies (including employee discipline, compliance program enhancements, and employee training), disclosing issues to the U.S. government, negotiating resolutions with the U.S. government, developing strategies for collateral issues (including public relations and related litigation), selecting independent monitors, and interfacing with independent monitors on behalf of clients.

 

Mr. Tillen also has conducted anti-corruption due diligence reviews and compliance audits, drafted numerous anti-corruption compliance programs, developed training programs, and performed training for client operations throughout the world. He has created anti-money laundering compliance programs for a variety of multinational financial and non-financial institutions. In the area of business and human rights, Mr. Tillen has conducted risk assessments, advised on transactions presenting human rights risks, and developed corporate human rights policies.

 

 

Leah Moushey is a Senior Associate in the International Department. Her practice focuses on design and implementation of corporate compliance programs, as well as internal and government investigations on a range of issues, including foreign bribery and money laundering. She has assisted with multi-jurisdictional internal and government investigations, compliance audits, third party due diligence, and due diligence in the context of mergers and acquisitions in various countries throughout Latin America, Africa, Europe, and the Middle East. Ms. Moushey served as a member of a monitorship team tasked by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with conducting a three-year global anti-corruption compliance review and assessment pursuant to Foreign Corruption Practices Act (FCPA)-related agreements.

 

In 2017, Ms. Moushey was a foreign visiting law clerk at the São Paulo-based law firm of KLA-Koury Lopes Advogados where she supported KLA's Anti-corruption, Compliance, and Investigation Team.

 

Ms. Moushey is fluent in Portuguese and proficient in Spanish.

 

Prior to law school, Ms. Moushey lived in Maputo, Mozambique, where she interned at a non-governmental organization, focusing on issues related to gender-based violence and HIV/AIDS. During law school, Ms. Moushey served as a legal extern in the U.S. Department of Justice Criminal Division's Fraud Section, a legal intern at the U.S. District Court for the Western District of Pennsylvania, and an extern at the Mid-Atlantic Innocence Project.