Webcasts & Speaking Engagements

ACI's 27th National Conference on the Foreign Corrupt Practices Act: FCPA Trial Tactics and Techniques: How to Effectively Defend Individuals Against Bribery Allegations

David Krakoff spoke at ACI's 27th National Conference on the Foreign Corrupt Practices Act on April 17, 2012 in New York, NY. Mr. Krakoff's panel was titled, "FCPA Trial Tactics and Techniques: How to Effectively Defend Individuals Against Bribery Allegations."

Agenda:

• Defining the allegations and establishing how the government intends to prove guilty knowledge and corrupt intent
• Seeking Brady and Giglio materials early and often
• Properly defining the scope of and responding to access to records challenges
• Discussing jury instruction on knowledge and intent-clarifying the applicable standards before opening statements and trial
• Challenging provisions of the Act necessary for conviction and requiring the government prove them at trial: e.g., “foreign official,” “instrumentality”
• Determining the responsibility of any foreign intermediaries, including sales and marketing agents
• Gathering exculpatory evidence – how to prove that the responsible employees and executives operated in good faith?
• Advice of counsel and good faith belief as defenses
• Overall defense of reliance – cases in which you can rely upon effective compliance programs and the actions of compliance personnel to negate criminal intent
• Minimizing downstream litigation exposure arising out of enforcement actions against individuals