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Basics of the U.S. Foreign Corrupt Practices Act (FCPA) 2015


Speaker(s): Erin G.H. Sloane, Michael S. Diamant
Recorded on: Apr. 17, 2015
PLI Program #: 142736

Michael Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations Practice Group, and serves on the firm’s Finance Committee. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance.

Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. He has represented clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators, like the U.S. Department of Justice and the Securities and Exchange Commission. Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents. Mr. Diamant also regularly advises major corporations on the structure and effectiveness of their compliance programs. This often includes reviewing reporting mechanisms, internal payment controls, and compliance messaging, as well as drafting new compliance materials, such as ethics and anti-corruption handbooks.

In 2017, Chambers and Partners’ global guide, Chambers Global, recognized Mr. Diamant as one of the leading U.S. Foreign Corrupt Practices Act (“FCPA”) experts in the United States. In 2016, he was similarly ranked by Chambers USA nationwide for FCPA. In his FCPA practice, Mr. Diamant regularly conducts internal investigations for corporations regarding possible anti-bribery violations and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their FCPA compliance programs. Mr. Diamant has designed entire anti-bribery compliance programs, as well as guidance and payment approval materials, for Fortune 100 corporations. He also frequently conducts FCPA training for in-house counsel, corporate executives, and line employees.

Mr. Diamant clerked for the Honorable Fortunato P. Benavides of the U.S. Court of Appeals for the Fifth Circuit. He is a magna cum laude graduate of the Georgetown University Law Center and Georgetown’s Walsh School of Foreign Service.


Erin Sloane's practice focuses on government and internal investigations and white collar criminal matters, with a concentration on Foreign Corrupt Practices Act (FCPA) and international anti-corruption issues. She has successfully represented both institutions and individuals in government investigations and prosecutions involving financial and accounting fraud, insider trading, wire fraud, and FCPA issues.

Ms. Sloane has conducted numerous cross-border corruption investigations in Asia, Eastern Europe, the Middle East and South America, and regularly appears before the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in corruption-related investigations. In addition to her work on several publicly disclosed government resolutions, she has successfully achieved multiple non-public DOJ and SEC declinations for clients in FCPA matters. Ms. Sloane also regularly counsels clients on challenging anti-corruption issues in numerous business contexts, including the development and implementation of effective anti-corruption compliance programs and corruption-related considerations in cross-border mergers, joint ventures and acquisitions.

Ms. Sloane has played key roles in numerous investigations by the DOJ and SEC, as well as many corporate internal investigations, and has led global FCPA due diligence reviews in several multi-billion-dollar M&A transactions. She has also been involved in securing a number of nonpublic prosecution declinations by the DOJ and SEC in connection with possible FCPA violations by various multinational clients. A select list of her recent experience includes:

representing a major foreign technology conglomerate in ongoing SEC and DOJ investigations into allegations of FCPA violations at a US-based avionics subsidiary;

representing a major media and communications company in connection with the successful resolution of the US Attorney for the Eastern District of New York's investigation into its Argentine joint venture's role in the FIFA corruption scandal;

representing a multinational industrial company in an investigation of self-disclosed alleged FCPA violations related to its China-based marine business, resulting in a successful settlement from the SEC and a declination from the DOJ;

securing a favorable SEC settlement and DOJ declination on behalf a US-based oilfield services company in connection with a global FCPA investigation involving allegations of improper payments to a Mexican foreign official;

representing a major multinational industrial conglomerate in a DOJ and SEC investigation into government sales in the Middle East, resulting in non-public declinations from both agencies;

leading a global due diligence review of more than 150 third-party advisors in more than 30 countries in connection with a criminal investigation of a large defense contractor and manufacturer by the DOJ and UK Serious Fraud Office;

representing a major US multinational industrial conglomerate in pre- and post-close due diligence investigations of an acquisition target, ultimately resulting in non-public declinations from both the DOJ and SEC;

and representing a global manufacturer in resolutions with the DOJ, SEC, Department of Treasury and Department of Commerce of charges relating to improper kickbacks under the United Nations Oil-for-Food Program, violations of the FCPA and violations of US export laws.

Ms. Sloane’s investigations practice and expertise in the FCPA space has been recognized by Chambers USA (2017-2019 editions), Chambers Global (2018 and 2019 editions) and The Legal 500 United States (2016-2018 editions).