Corporate Compliance Counseling

The Department of Justice and other federal enforcement agencies continue to place a high priority on investigating and prosecuting economic crimes – and on obtaining substantial prison terms and financial penalties when those crimes can be proven. Government enforcement of the Foreign Corrupt Practices Act (FCPA) remains aggressive, as does the prosecution of mortgage and securities fraud, procurement fraud, and violations of U.S. export control and economic sanctions laws. A corporate compliance program that merely looks good on paper will not be sufficient to avoid potentially severe penalties if violations are found. Hence, the need for companies to develop, implement, and sustain robust compliance programs to avoid potential violations of law, with strong support from company leaders, has never been greater.

David H. Laufman has been recognized as a leader in the field of corporate compliance. Utilizing his experience as a federal prosecutor, including his most recent tenure as Chief of the Department of Justice’s Counterintelligence and Export Control Section, Mr. Laufman helps companies to conduct risk assessments and to devise, implement, and re-examine compliance programs that meet the requirements of the Department of the Justice as specified in the federal Sentencing Guidelines for Organizations. He counsels companies concerning compliance with a broad range of criminal and regulatory laws, including the FCPA, export control and economic sanctions laws, the Foreign Agents Registration Act, the USA PATRIOT Act, money laundering statutes, the False Claims Act, the Sarbanes-Oxley Act, and federal government contract laws.

Representative Matters

  • Counseled a senior official at a U.S. aerospace company regarding the scope and implications of a statutory debarment for a prior criminal violation of the Arms Export Control Act.
  • Counseled a start-up U.S. company engaged in international business operations on compliance with anti-bribery laws, U.S. economic sanctions laws, the Foreign Agents Registration Act, and other laws.
  • Advised a high-tech company on necessary actions to avoid potential criminal liability under the FCPA regarding the company's foreign business operations.
  • Counseled a Fortune 100 company regarding compliance with federal government contract laws.
  • Advised a defense industry company on policies to ensure compliance with federal government contracting laws.

Related Publications

  • For Whom the Law Tolls: Afghanistan, Iraq, and the Wartime Suspension of Limitations Act, Ethisphere, Q1, 2012
  • Managing Risk and Compliance Under the Foreign Corrupt Practices Act, Pharmaceutical Outsourcing, January/February 2010
  • Strategies for Avoiding FCPA Liability, Life Science Leader, June 2009
  • Doesn't Pay to Bribe Foreign Officials, Connecticut Law Tribune, March 30, 2009 (co-authored with Paul McCurdy)
  • Procurement Rules Are Changing, National Law Journal, March 9, 2009
  • Tougher Rules: Mandatory Disclosure Regime Raises Stakes for Government Contractors, National Defense, February 2009
  • Give Justice a Break, Legal Times, August 18, 2008

Related Speaking Engagements

  • Regulators’ Town Hall Q&A, ACI Conference on Economic Sanctions Enforcement and Compliance, Washington, DC, April 25, 2017 (panelist)
  • Procurement Compliance: What You Need to Know, webinar panel discussion sponsored by Ethisphere, February 26, 2013 (panelist with Arnold Morse, General Counsel, CACI, Inc., and Steven Shaw, Covington & Burling)
  • FCPA Bootcamp, law enforcement training conference sponsored by the Department of Justice and Securities and Exchange Commission, Washington, DC, June 27, 2011 (panelist)
  • Handling Import Violations in a New Enforcement Era, American Bar Association Section of International Law, Spring Meeting, Washington, DC, April 17, 2009 (panelist)
  • Climate Change: The New Ethics Compliance and Enforcement Regime for Government Contractors, 27th Annual Government Contract Management Conference, National Contract Management Association, Bethesda, Maryland, November 20, 2008
  • The Justice Department's Changing Guidelines on Corporate Prosecution, 2008 Administrative Law Conference, Administrative Law and Regulatory Practice Section, American Bar Association, Washington, DC, October 17, 2008
  • Maneuvering the Minefield: The New Ethics Compliance and Enforcement Regime Confronting Government Contractors, 2008 Annual Business Ethics and Compliance Conference, Ethics and Compliance Officers' Association, Orlando, Florida, September 24, 2008
  • New Regulation Governs Conduct of Security Contractors Not Accompanying U.S. Forces Overseas, Government Contract, May 5, 2008
  • Proposed Regulation Imposes New Ethics Standards and Internal Control Procedures on Government Contractors, Ethisphere, December 3, 2008
  • Congress Getting Tougher on Government Contracting, Metropolitan Corporate Counsel, December 1, 2007

Related Teaching

Collision Course: The Coming Struggle Over Cooperation in Corporate Fraud Prosecutions, Continuing Legal Education Seminar, New York, New York, January 14, 2009

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