Rise of the Foreign Corrupt Practices Act:
How to Minimize the Perils of Doing Business in China

With Christian Lucky and Jason Prince


Ranked a dismal seventy-second on Transparency International's 2007 Corruption Perceptions Index, China constitutes a high-risk environment for conducting business in compliance with the Foreign Corrupt Practices Act (FCPA). In sweeping terms, the FCPA prohibits companies (both private and public) and individuals from paying or promising to pay foreign officials anything of value with the corrupt intent of obtaining or retaining business. Additionally, the FCPA mandates various internal accounting controls and record-keeping practices aimed at preventing and detecting illegal bribes. As such companies as Baker Hughes, Inc. ($44 million penalty), York International Corp. ($22 million penalty), and Lucent Technologies, Inc. ($2.5 million penalty) discovered in 2007, FCPA violations can result in dire consequences.

Recently, the Department of Justice and Securities and Exchange Commission have dramatically stepped up their efforts to enforce the FCPA, and many of their enforcement actions have targeted companies doing business in China. Given the FCPA's sweeping scope and stiff penalties, many companies have thus increased their efforts to foster a "culture of FCPA compliance" through written compliance plans and
employee training programs.

To assist companies in this regard, Stoel Rives LLP attorneys Christian Lucky and Jason Prince will present a one-hour FCPA presentation that (1) provides an overview of the FCPA's key provisions, (2) highlights recent DOJ and SEC enforcement actions and trends (especially those related to China), and, most importantly, (3) suggests steps companies doing business in China can take to minimize their FCPA exposure.


Christian Lucky is Of Counsel in the Seattle office of Stoel Rives LLP. Christian has consulted extensively with global corporations regarding the Foreign Corrupt Practices Act and has authored several publications on the FCPA. Additionally, Christian has represented many PRC corporations (both state-owned and privately-owned) as well as non-PRC companies with operations in the PRC. Selected China-related transactions in which Christian has participated include the listing of a Harbin-based corporation on the American Stock Exchange, the acquisition of the assets of a US corporation in a bankruptcy auction by a Guangzhou-based company, and the establishment of a U.S. and European commercial paper program by a large PRC state-owned enterprise. Christian is the co-author of "Financial Services in China: Challenges and Opportunities for International Players" in The Review of Banking and Financial Services. Christian is a graduate of the University of Chicago Law School. Prior to joining Stoel Rives LLP, Christian was a partner in the New York Office of Davies Ward Phillips & Vineberg LLP. (http://www.stoel.com/showbio.aspx?Show=2194)

Jason Prince is an attorney in Stoel Rives' Boise office, where he assists domestic and international clients on an array of international business matters, focusing on compliance with the Foreign Corrupt Practices Act, global distribution agreements, and international business dispute resolution. Jason has degrees from Davidson College, the University of Cambridge, and the University of Notre Dame Law School. Prior to law school, Jason lived in Tokyo, Japan, working as Deputy Press Secretary to Nobuteru Ishihara, Member of the Japanese House of Representatives and Japan's Minister of State for Administrative and Regulatory Reform. Before joining Stoel Rives, he clerked for Judge Susan H. Black on the U.S. Court of Appeals for the Eleventh Circuit. (http://www.stoel.com/showbio.aspx?Show=2132)

Wednesday, April. 9, 2008, 12:00-1:30 PM
House of Louie Restaurant
331 NW Davis, Chinatown
Lunch & Talk: $20 members; $30 general; $15 for students with ID. Please add $5 handling charge to above for registration after 5pm April 8th.
Register On-line (click here), or
Call 503-973-5451
Pay On-line via Credit Card or Paypal (click here)
SmartPark on NW Davis, between NW Naito Parkway
and NW 1st Ave.