The Foreign Corrupt Practices Act Handbook, Fifth Edition: A Practical Guide for Multinational Counsel, Transactional Lawyers and White Collar . and White Collar Criminal Practitioners

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. Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.

The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

Summary Table of Contents

Chapter 1: Foreign Corrupt Practices Act Overview
Chapter 2: Penalties, Fines, and Other Sanctions
Chapter 3: Global Anti-Corruption Conventions and Law Enforcement
Chapter 4: Board of Directors and Management Responsibilities
Chapter 5: Transactional Issues and Considerations
Chapter 6: Gifts, Travel, Lodging, and Entertainment
Chapter 7: Charitable Donations and Political Contributions
Chapter 8: Conducting a Foreign Corrupt Practices Act Investigation
Chapter 9: Defending an FCPA Investigation
Chapter 10: SEC Enforcement Actions and DOI Prosecutions

Praise for The Foreign Corrupt Practices Act Handbook, Fifth Edition

“The Foreign Corrupt Practices Act Handbook is ridiculously good."

―John S. Siffert, Founding Partner, Lankler Siffert Wohl LLP, New York

“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, Partner, Hogan Lovells LLP, Washington, D.C.

“Bob Tarun has succeeded in writing a first-rate handbook on the Foreign Corrupt Practices Act that is a must-read for all attorneys at every level who represent businesses doing international work.  Informative and well-written.  Mr. Tarun’s handbook gives readers the benefit of his many years of experience and accomplishment as a prosecutor, investigator, litigator, and FCPA advisor by identifying all of the major FCPA risk areas and then offering very thoughtful and practical suggestions for how companies can most effectively address these risks and conduct credible investigations.”

– Lisa Kate Osofsky, Exiger Ltd., London, and Former Deputy General Counsel of the FBI, 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 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, Co-Chair, White Collar Criminal Practice, Mayer Brown LLP Chicago

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, Türkiye, 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.

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® (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® 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.