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First Read: DOJ/SEC's Resource Guide to the Foreign Corrupt Practices Act 2012

Speaker(s): Jessie K. Liu, Sigal P. Mandelker
Recorded on: Dec. 17, 2012
PLI Program #: 45647

Jessie K. Liu is a litigator who focuses on advising and defending companies and individuals facing government investigations or enforcement actions, within the United States or around the world. Her clients rely on her extensive experience in managing all phases of a compliance issue from the internal investigation to the final resolution. She has represented clients in grand jury, congressional, and inspector general investigations and has substantial experience in the Foreign Corrupt Practices Act and the False Claims Act. Ms. Liu also represents clients in a broad range of complex civil litigation in both state and federal courts. Her clients include sizable corporations in diverse fields, including the automotive, aerospace and defense, construction and real estate, energy, government contracting, and financial services industries, as well as high-profile individuals.

Ms. Liu has significant government experience. While an assistant United States attorney for the District of Columbia, she served as lead counsel in numerous trials and appeals on behalf of the government. As deputy chief of staff in the National Security Division of the Department of Justice and counsel to the deputy attorney general, she advised the Department’s leaders on a wide range of issues, including the national security implications of foreign investment, economic and trade sanctions, export controls, and national security–related civil litigation. She also served as deputy assistant attorney general in the Department’s Civil Rights Division, where she supervised approximately 100 attorneys in three litigating sections.

Ms. Liu is a member of the distinguished Edward Bennett Williams Inn of Court, an invitation-only professional organization specializing in white-collar criminal prosecution and defense.

Representative Matters (Includes Prior Law Firm Experience)

Foreign Corrupt Practices Act

  • A Fortune 100 corporation in a Department of Justice and Securities and Exchange Commission inquiry into potential FCPA violations in Southeast Asia.
  • A subsidiary of a Fortune 100 corporation in an internal investigation of potential FCPA issues in Eastern Europe.
  • A global oil services firm in an internal investigation and post-acquisition due diligence regarding potential FCPA issues in West Africa.
  • A national professional services firm on FCPA compliance in China.
  • An international retailer on FCPA due diligence of third-party vendors in China and other countries.
  • A private equity firm on FCPA compliance in connection with investments in Southeast Asia and West Africa.
  • A senior executive of a global technology company in a FCPA investigation by the Department of Justice and Securities and Exchange Commission.

False Claims Act and Procurement Fraud

  • An international aerospace company in a Department of Justice and Department of Defense investigation into potential false claims and fraud, including advising on mandatory disclosure and representing the company before the U.S. Attorney’s Office and Defense Contract Management Agency.
  • A major Navy contractor in a Department of Justice and Department of Defense investigation into procurement irregularities, including conducting an internal investigation and representing the company before the U.S. Attorney’s Office and defense criminal investigative agencies.
  • A global consulting firm in a Department of Defense investigation into potential violations of restrictions on post-government employment.
  • A real estate developer in a Department of Justice investigation into potential irregularities in the award of a contract by the District of Columbia.
  • A Fortune 100 defense and technology company in City of New York Department of Investigation inquiry into potential contracting irregularities.

National Security and Economic Sanctions

  • A U.S. private equity firm on Foreign Agent Registration Act requirements.
  • A Chinese private equity firm on Committee on Foreign Investment in the United States (CFIUS) issues associated with acquisition of U.S. business.
  • A global rental company on overall U.S. sanctions compliance.
  • An international steel company on Ukraine- and Russia-related sanctions.
  • A Japanese manufacturer on Iran-related sanctions.

Other Matters

  • A major public university in a Department of Justice and Equal Employment Opportunity Commission investigation into potential sex discrimination in faculty pay.
  • A major public interest organization in a congressional inquiry into data breach.
  • A Fortune 100 defense contractor in Office of Congressional Ethics inquiry into campaign contributions.

Sigal P. Mandelker was confirmed as Under Secretary of the Treasury for Terrorism and Financial Intelligence on June 21, 2017.

As Under Secretary for Terrorism and Financial Intelligence, Ms. Mandelker is charged with developing and implementing U.S. government strategies to combat terrorist financing and money laundering, as well as other policies and programs to fight financial crime.  She oversees the operation and coordinates actions of the Office of Foreign Assets Control (OFAC), Financial Crimes Enforcement Network (FinCEN), the Office of Intelligence and Analysis (OIA), and the Office of Terrorist Financing and Financial Crimes (TFFC), leveraging the department’s unique regulatory and enforcement functions to help safeguard the financial system from illicit use and combat terrorist financiers, weapons of mass destruction proliferators, human rights abusers and corrupt actors, money launderers, drug kingpins, and other national security threats.

Under Secretary Mandelker has served in senior law enforcement and national security positions at the U.S. Department of Justice and Department of Homeland Security.  From 2006-2009, Under Secretary Mandelker served as Deputy Assistant Attorney General in the Criminal Division of the Department of Justice, where she oversaw four major prosecutorial sections and a number of significant cross-border prosecutions involving cybercrime, human rights, child exploitation, intellectual property theft, and other national security and law enforcement priorities. 

Prior to that position, she served as Counselor to the Secretary of Homeland Security, where she advised the Secretary and worked extensively on intelligence, national security, counterterrorism, and border security matters.  She also previously served as Counsel to the Deputy Attorney General, where she worked extensively on national security and counterterrorism matters.  Under Secretary Mandelker was also an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York, and as a Special Assistant to the Assistant Attorney General for the Criminal Division.

Prior to her confirmation, Under Secretary Mandelker was a partner at Proskauer Rose LLP.  Under Secretary Mandelker also served as a law clerk to the Honorable Clarence Thomas, U.S. Supreme Court, and to the Honorable Edith H. Jones, U.S. Court of Appeals for the Fifth Circuit. 

Under Secretary Mandelker holds a Juris Doctorate from the University of Pennsylvania Law School and a Bachelor’s Degree from the University of Michigan.