The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers, and White Collar Criminal Prosecutors

Winner of American Book Fest's 2024 Best Book Award - Law Category

Now in its sixth edition, American Bar Association's best-selling anticorruption handbook, The Foreign Corrupt Practices Act Handbook is the preferred reference guide for both "law students beginning their careers and the seasoned legal practitioner as a critical resource to assist them in advising their clients." -Eileen Kamerick, Adjunct Professor of Law, The University of Chicago Law School, Georgetown University Law Center, and the University of Iowa College of Law

The Foreign Corrupt Practices Act Handbook, Sixth Edition, imparts practical guidance on anticorruption compliance and investigations. It addresses the elements of the statute's anti-bribery and accounting provisions as well as the potential penalties.

This volume reviews in detail common transactions and situations, presenting anticorruption risks to multinational corporations; in particular, the use of third-party intermediaries and representatives who have been key to almost 90 percent of all DOJ and SEC FCPA resolutions.

The 2024 Sixth Edition updates important chapters on these subjects while expanding its treatment of key corporate issues. These include the fiduciary duties of officers and directors and the FCPA risks in mergers and acquisitions and joint ventures. New to the Sixth Edition is a final chapter discussing in depth the six criminal FCPA trials of individual defendants during the previous seven years, together with analysis of the government's theories, the defense challenges and strategies, and the sentences sought by the DOJ and imposed by five district courts.

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 dozens of foreign jurisdictions.

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). 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(R) (Commercial Litigation and White Collar Criminal Defense). Best Lawyers in America(R) 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.

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.