Today we celebrate one of the seminal turnarounds in US history for on this day in 1777, George Washington lead his beleaguered troops into winter quarters at Valley Forge, Pennsylvania. At that point in time, things could hardly have looked bleaker for Washington and the Continental Army as 1777 came to a close. The British had successfully occupied Philadelphia, leading some members of Congress to question Washington’s leadership abilities. No one knew better than Washington that the army was on the brink of collapse. Though he had hoped to provide his weary men with more nutritious food and badly needed winter clothing, Congress had been unable to provide money for fresh supplies.
The winter at Valley Forge might have signaled the end of the American Revolution. Fortunately for the Continentals though, Washington did not give up. During this time Washington made several key additions to his officer corps, such as the Prussian General Friedrich von Steuben, who was tasked with implementing a new training regime, and appointed Nathanael Greene as Quartermaster General, relieving Washington of the duty of supply procurement. Washington, supported by a loyal officer corps, was now free to focus on strategies to beat the British. He was further buoyed by France’s agreement to join the revolutionaries in February 1778.
Once Washington’s detractors in Congress realized they could not sway his troops’ loyalty, they gave up on any secret plans to replace him. In March 1778, Washington led his troops, their bodies and supplies replenished and their confidence restored, out of Valley Forge to face the British again.
While you are considering the cold and starving Continental Army troops, you might think to warmer climes to consider attending one of the premier Foreign Corrupt Practices Act (FCPA) educational events of 2015 as the FPCA Professor will put on his well-renowned FCPA Institute over two days, January 12 and 13. The event will be held in Miami and is hosted by the law firm of Carlton Fields Jorden Burt. While myself and others bemoan to him that he needs to get out on the speaking circuit so that we can hear more of his critique and analysis of FCPA enforcement and to learn from him, I was interested to see he is correcting this by leading his first Southern based FCPA Institute next month.
As clearly denominated by his moniker, the FCPA Professor, he teaches law with a specialization in the arena of the FCPA. The Professor’s stated goal in leading this Institute is “to develop and enhance fundamental skills relevant to the FCPA and FCPA compliance in a stimulating and professional environment with a focus on learning. Information at the FCPA Institute is presented in an integrated and cohesive way by an expert instructor with FCPA practice and teaching experience.”
Some of the topics to be covered, include the following:
- An informed understanding of why the FCPA became a law and what it seeks to accomplish;
- A comprehensive understanding of the FCPA’s anti-bribery and books and records and internal controls provisions and related enforcement theories;
- Various realties of the global marketplace which often give rise to FCPA scrutiny;
- The typical origins of FCPA enforcement actions including the prominence of corporate voluntary disclosures;
- The “three buckets” of FCPA financial exposure and how settlement amounts in an actual FCPA enforcement action are typically not the most expensive aspect of FCPA scrutiny and enforcement;
- Facts and figures relevant to corporate and individual FCPA enforcement actions including how corporate settlement amounts are calculated;
- How FCPA scrutiny and enforcement can result in related foreign law enforcement investigations as well as other negative business effects from market capitalization issues, to merger and acquisition activity, to FCPA related civil suits; and
- Practical and provocative reasons for the general increase in FCPA enforcement.
The Professor has said, “The FCPA Institute is different than a typical FCPA conference. At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience. Moreover, the FCPA Institute promotes active learning by participants through issue-spotting video exercises, skills exercises, small-group discussions and the sharing of real-world practices and experiences. To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 30 participants. In short, the FCPA Institute elevates the FCPA learning experience for a diverse group of professionals and is offered as a refreshing and cost-effective alternative to a typical FCPA conference. The goal of the FCPA Institute is simple: to develop and enhance fundamental skills relevant to the FCPA, FCPA enforcement, and FCPA compliance best practices in a stimulating and professional environment with a focus on learning.”
In other words, it is what you have come to expect from the FCPA Professor; well-thought out reasoned analysis, practical knowledge and learning, and provocative thinking and assessment.
For information on the event, click here.
This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at tfox@tfoxlaw.com.
© Thomas R. Fox, 2014
FCPA Compliance and Ethics Blog 