Webcast: FCPA Trends in Emerging Markets in Asia, Russia, Latin America and Africa

January 13, 2022

As the COVID-19 pandemic continued into 2021, lawmakers and regulators around the world faced the dual challenge of reversing the enforcement slowdown seen in 2020 while working to combat new forms bribery and corruption that emerged as a result of the pandemic. This webcast will explore how emerging markets are approaching these challenges and examine trends in FCPA and local anti-corruption enforcement. In China, companies are facing increased scrutiny of their compliance programs as the country introduces its first corporate criminal compliance and non-prosecution pilot program. Chinese regulators have continued their attack on key industries, such as big tech and healthcare, and sweeping reforms to data protection laws have had seismic effects on the conduct of cross-border investigations. In Russia, the subject of corruption remains a source of great tension as the complexity of sanctions regimes increases and cybercrime activities become the latest driver of white-collar repression. In Latin America, anti-corruption efforts have struggled to gain a solid foothold amid practical challenges caused by COVID-19 and political instability in key markets.

In India, enforcement has declined due to the COVID-19 pandemic and new legislation which has made it more difficult to initiate investigations. State governments have also withdrawn blanket consent previously given to authorities to investigate corruption allegations, leading to delays in resolving cases. Nevertheless, while anti-corruption enforcement remains inconsistent, recent cases highlight the heightened risks for multinationals doing business in the country. Across Africa, businesses and individuals are facing steep fines, suspensions of tenders and other penalties as investigations by authorities in the US, UK, World Bank world and African authorities have ended in several countries of the region. Meanwhile, high-profile trials of former heads of state, including Benjamin Netanyahu and Jacob Zuma, have resumed after delays due to the pandemic and allegations of bias and political interference.

Join our team of experienced international anti-corruption lawyers to learn more about how to do business in China, Russia, Latin America, India and across Africa without breaking anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

Topics to discuss:

  • An overview of FCPA enforcement statistics and trends for 2021;
  • The corruption landscape in major emerging markets, including recent headlines and scandals;
  • Lessons learned from the local application of anti-corruption in China, Russia, Latin America, India and across Africa;
  • Major anti-corruption legislative changes in China, Russia, Latin America, India and across Africa;
  • The effect of COVID-19 on corruption and anti-corruption efforts; and
  • Mitigation Strategies for Companies Operating in High-Risk Areas

See the slides (PDF)


F.Joseph Warin is co-chairman of Gibson Dunn’s Global White Collar Defense and Investigations Practice Group, and he is chairman of the 200+ person Litigation Department of the Washington, DC office. Mr. Warin is ranked number one year after year by Chambers United States, Chambers Global, and Latin America Rooms for his experience in FCPA, fraud and corporate investigations. He has handled cases and investigations in more than 40 states and dozens of countries involving federal regulatory investigations, criminal investigations and cross-border investigations by international authorities, including SFO and FCA in the UK, and government regulators in Germany, Switzerland, Hong Kong and the United States. Middle East. Mr. Warin served as compliance monitor or advisor to the compliance monitor on three separate FCPA oversight engagements pursuant to agreements with the SEC and DOJ.


Kelly Austin is a partner in charge of Gibson Dunn’s Hong Kong office and a member of the firm’s executive committee. Ms. Austin is ranked number one each year by Asia-Pacific Rooms and Global Chambers in corporate/anti-corruption investigations: China. His practice focuses on government investigations, regulatory compliance and international litigation. Ms. Austin has extensive expertise in internal government and corporate investigations, including those involving the FCPA and other anti-corruption laws, as well as money laundering, securities and trade control laws. .

Joel Cohen is co-chair of the firm’s Global White Collar Defense and Investigations Practice Group and a partner in the New York office. Mr. Cohen’s successful advocacy for clients has been noted in numerous feature articles in the American lawyer and the National Law Review, including for pre-trial dismissal of criminal charges and trial wins. He is very popular in Bedrooms and appointed by Review of global surveys as a “super lawyer” in criminal litigation. He has served as lead counsel or co-lead counsel in 24 civil and criminal trials in federal and state courts, and is equally comfortable conducting confidential investigations, managing crises, or arguing in legal proceedings. Mr. Cohen’s experience includes all aspects of FCPA/anti-corruption matters, in addition to litigation with financial institutions and other international litigation and discoveries.

Benno Schwarz is co-chair of the firm’s Anti-Corruption and FCPA Practice Group and a partner in the Munich office, where his practice focuses on white-collar defense and compliance investigations. Mr. Schwarz is annually ranked as one of the leading lawyers for Germany in the area of ​​white-collar investigations/compliance by European Rooms and was named by The Legal 500 Deutschland 2021 and The Legal 500 EMEA 2021 as one of four leaders in internal investigations, and also ranked for compliance. He is renowned for his “particular expertise on compliance issues related to the United States and Russia”. Mr. Schwarz advises companies on sensitive matters and investigations involving compliance issues with international aspects, such as the implementation of German or international anti-corruption, money laundering and sanctions laws economics, and he has exemplary experience advising companies on the FCPA and NYDFS. surveillance or similar surveillance functions under US legal regimes.

Patrick Stokes is co-chair of the firm’s Anti-Corruption and FCPA Practice Group and a partner in the Washington, D.C. office, where he focuses his practice on internal corporate investigations, government investigations, corruption enforcement, fraud securities and financial institutions fraud, and compliance reviews. Mr. Stokes is ranked nationally and globally by United States Rooms and Global Chambers as lead counsel for the FCPA. Prior to joining the firm, Mr. Stokes led the FCPA Unit of the DOJ, managing the FCPA enforcement program and all FCPA criminal matters throughout the United States covering all major business sectors. Previously, he served as co-head of the DOJ’s Securities and Financial Fraud Unit.

Karthik Ashwin Thiagarajan is a lawyer in the Singapore office. He represents clients in transactional, compliance and anti-corruption matters in the South Asia and ASEAN regions. Mr. Thiagarajan advises multinational companies on acquisitions, joint ventures and divestitures in major emerging markets in Asia, including India and Indonesia. He frequently assists clients with internal investigations, anti-corruption reviews and regulatory actions in these markets.


This program has been approved for credit in accordance with the requirements of the New York State Board of Continuing Legal Education for a maximum of 2.0 credit hours, of which 2.0 credit hours may be applied to areas of requirement of professional practice.

This course is approved for transitional/non-transitional credit. Lawyers applying for credit in New York should obtain an affirmation form before viewing the archived version of this webcast. Please contact CLE@gibsondunn.com to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 2.0 hours.

California attorneys can claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

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