What CCOs Need to Know About the SEC’s Recent Focus on Compliance Officers
Featuring Robert Appleton (50 mins)
The BHP Billiton case represents more than just another FCPA enforcement action; it is a possible landscape change and paradigm shift, one that compliance officers must understand. The SEC charged BHP Billiton $25M for its “deficient” compliance program, even though there was no actual contract, government action or quid pro quo. It was the first time the government has sanctioned a company only for perceived “failures” in their compliance program, but it likely won’t be the last. Similarly, there has been recent comment by Enforcement officials that Compliance Officers themselves are at risk of facing liability for compliance failures in their company.
In this webcast, Robert Appleton, partner at Day Pitney LLP, a former Supervisory Assistant U.S. Attorney with the U.S. Department of Justice (DOJ) and SEC experience, former Chief Counsel with the Volcker Commission, and former Chairman of the UN Anti-Corruption Task Force (PTF), tells us what CCOs need to know about the SEC’s new focus on the role of the Compliance Officer, the paradigm shift of BHP Billiton case and perceived compliance failings as a basis for an enforcement action.
You will learn:
- The significance of the BHP settlement and what it means for your company
- What the government sees as a best practices (and deficient) anti bribery compliance program
- How to leverage technology, due diligence and HR solutions to boost your program
- How CCOs can protect themselves from failings identified by enforcement officials
Robert Appleton, Partner at Day Pitney LLP
Robert Appleton is a Partner in the law office of Day Pitney LLP, where he concentrates on white collar matters, government investigations, compliance, broker/dealer securities issues, and asset recovery. Robert provides strategic counsel to broker/dealers, companies and individuals facing state, federal, DOJ or SEC investigations and prosecutions or financial losses; advice and defense on FCPA matters, export control-sanctions and enforcement advice; and compliance-including compliance assessments and preparation of individual tailored compliance programs in the areas of export control, FCPA and securities law.
Mr. Appleton has served in many senior positions, both in the US and abroad, and led and managed hundreds of international cross border financial fraud, securities and financial misuse investigations over his career as a US federal prosecutor, high profile international investigator and senior global compliance attorney.
In 2006, Robert Appleton was appointed by the UN Secretary General as the first ever Chairman of the UN Anti-Corruption Task Force (PTF), where he led corruption investigations throughout the world body between 2006-2009; in 2005 Mr. Appleton was appointed by Former US Federal Reserve Chairman Paul Volcker as his Special Counsel and then Chief Investigative Counsel to the Independent Inquiry Committee investigation into the Iraqi Oil for Food Scandal; in 2010 he was selected to serve as Senior Legal and Compliance Counsel and Director of Investigations at the Geneva based Global Fund to Fight AIDS, Tuberculosis and Malaria, where he supervised more than 300 forensic financial investigations throughout the world, and handled many Patriot Act, FCPA and AML matters throughout the world. Mr. Appleton served as a federal prosecutor and then a Supervisory AUSA for more than 13 years in the US Attorneys Office in the District of Connecticut and at the DOJ.