Their health care needs. All right. Im happy to end on that note with apologies to the panel because i had not vetted that question before hand. You did that remarkably well. Join me in thanking ian, justin and jody. ; fort knox was chosen because it was the most impenetrable. There had been lots of gold already transferred there. So the secretary of the treasury gives permission to use a portion of the depository. Tonight, the decision to move americas most important Historical Documents to fort knox on december 26, 1941. First, he has to make the decision, what documents would be there. So he makes this decision very methodically on what is going to go to fort knox. These are considered the most valuable documents in the country. And the magna carta is the document that he has been asked to preserve for the britt for the brits. Tonight on q a. Next, a look at trying to. Top her option we open our phone lines and take a look at the headlines on washington journal. Now a look at with the Justice Department is doing to investigate International Corruption and fraud. You will hear from assistant attorney general whose unit is responsible for enforcing law that prohibits u. S. Corporations from bribing foreign officials. From George WashingtonUniversity Law school, this is one hour and a half. Good afternoon. I will hand over the podium momentarily to my colleague, who will formally introduce our distinguished panelists. First, let me say how thrilled this discussion of the foreign corrupt practices act, one of the most significant lawes confronting criminal practitioners today. Among our fulltime and parttime faculty are many who, like myself, have served as federal prosecutors, who are entities. Efended we have a rich curriculum in the areas of criminal law here at gw all gw law. Is ther graduate assistant attorney general for the Criminal Division, leslie falwell. We are excited to welcome her back to her alma mater this afternoon. And although our other distinguished guests is not a gw law graduate, she, too, has a strong connection to the university. I learned just this week that her father once coached football George Washington university. Had a football team. By all accounts, he was a phenomenal coach. Go away go i will hand over the program to my wonderful colleagues. Thank you again and welcome. Thank you so much, dean fairfax, for that kind introduction. Roger fairfax was a former department of justice lawyer. We are fortunate to have him come along with other prosecutors, defense lawyers on no ulty take the assistant attorney general caldwell who heads the Criminal Division of the United States and susan toustice. Omanian thank you so much for all of your help in making this possible. States, the united enacted the corruption practices act to minimize corruption of foreign officials by certain personal persons and entities. It has been amended answer occasions as well to expand its region. The foreign corrupt practices act raises a whole host of issues, such as the extraterritorial reach of u. S. Law, the relationship between practices in Foreign Countries and standards in the United States, the appropriate penalty to be given for violations of the act, and the consideration that should begin to companies and individuals who have adopted policies and practices. Today, we are going to have a conversation about these and many other topics. We are honored to have with us our colleague Leslie Colwell who was confirmed as the assistant attorney general to the Criminal Division of the United States department of justice. She works withy, more than 600 lawyers prosecute criminal cases across the country. She also has worked closely with 93 u. S. Attorneys that are involved in investigations and prosecutions of criminal matters in districts around the United States. Her entire career is largely dedicated to handling federal criminal cases, both as a prosecutor and as defense counsel. She is not particularly for her ,ork on the Enron Task Force which she was director of from the year 2002 to 2004. She worked at the u. S. Attorneys office, the Northern District of california. She served as the chief of the Criminal Division, chief of the securities fraud section. Worked for 11 years in the United StatesAttorneys Office for the Eastern District of new york. Serving as senior trial counsel for the businesses and securities fraud section. And the criminal the Violent Criminal Enterprises section. She received the attorney general award for exceptional service. She is also the recipient of the attorney generals John Marshall award for trial litigation and the attorney generals award for fraud prevention. , before joining the Criminal Division, the position as a partner. She was cochair of Corporate Investigations in whitecollar practice group. Ms. Caldwell, it is great to welcome you back to your alma mater. You are here at your school again. We are delighted that she is here. She is also graduate of another football powerhouse, Pennsylvania State university. She will first provide opening remarks. Karen popp will give her response as well. She leads the firms whitecollar government investigation grew. She is recognized as one of the top highprofile whitecollar attorneys in the United States. Karens is informed by a wealth of government in private sector experience, including serving as a federal prosecutor of new york, a lawyer in the office of Legal Counsel at the u. S. Department of justice, and toociate white House Counsel president clinton. She is a graduate of the university of north carolina, or she learned just she earned her bachelors and her jd degrees. I look forward to your opening remarks. Popp will, miss provide some comments. I have some questions. Then we will open the floor to questions and comments. So lets welcome lori back to her alma mater. [applause] lori thank you, dean. When i was here, none of this was here. A lot of good memories here. For me, it was a great legal education. Ive always valued it. As the dean said, two and a half years ago, i was preludes to be named to become the assistant attorney general for the Criminal Division. Many people do not know what the Criminal Division does. Less people know about the u. S. S. Torneys office they mostly focus on crime in a geographic areas. Some go beyond the geographic areas, will run its one of which is the Southern District of new york. We went the ontario, too. But in the Criminal Division, we are not limited by geography. Sections. 17 they do all sorts of things. Ranging from very sophisticated, really scary child expectation organizations that operate internationally in the dark ernet seminary laundering to Money Laundering to the front section which does Major International fraud cases. They are the ones who are looking at the vw investigation, the pentagon papers the panama papers. Because we dont have geographic limits other than the limits of federal criminal jurisdiction. We have in international and National Scope for which we look at everything and a different Vantage Point from the u. S. Attorneys. I think that Vantage Point has enabled us to really focus on emerging areas in whitecollar crime. Things were particularly important when i started as assistant attorney general. And share with you are those were important and try to addresses. I really wanted us to sharpen our focus on International Corruption and international cases. Everything that i really wanted to do you have in this was one of my experiences as a defense lawyer. I wanted there to be more transparency in our charging decisions, when we decide to charge a corporation. And im talking on the corporate context. When we decide to charge a company, what factors do we consider . There are factors in guidelines that ariane Justice Department publications. But if you are an outside counsel, as i was, you would see what appeared to be inconsistent and sometimes arbitrary outcomes in what seemed to be similar fact situations. One of the goals was to try to increase transparency. I want to talk to about both of those things. One is International Corruption. Its been a priority of the department. Its important because you cant measure the damage caused by International Corruption by looking at numbers, although the numbers are staggering. Trillion, according to world bank estimates, are paid out in bribes every year by corporations trying to get businesses and very sparse of the world. Thats 3 of the entire world economy. Thats a significant number. We see theantly, corrosive effects of corruption, the anticompetitive effects of corruption on our companies who are trying to play by the rules and you cant compete against those who are willing to pay bribes. And there are u. S. Companies that are willing to pay bribes as well. It undermines confidence in government and confidence in the markets. It destroys this is a fair play that undermines the rule of law. It especially true in emergent economies where sometimes people are getting rich and there no infrastructure and people are living on less than a dollar a day are less than 10 a day. And the fruits of corruption, you see it in the news, but we see it in our cases, can really regimes, up corrupt often in poor Companies Poor countries, but often in wealthier countries. Extreme examples where corrupt regimes have helped create safe havens for criminals and terrorists who can then fan out all of the world and commit their crimes and engage in the terrorist acts. These are some of the reasons why it is in a priority and he continues to be a priority. Im sure it will be continued by whoever succeeds me. I hope they maintain the focus that we have had, which is to try to focus on the bigger cases , the cases that have a bigger impact. I will give you two examples from the alaska blood years. There was a french power and transportation company. In december 2014, theyve paid penalties for attempting to bribe officials in 10 different countries. It was the highest fine ever paid. Refused touse they corporate with Law Enforcement in any country they were investigation in several countries. They refused to cooperate. They resisted every step of the way. The bribe a significant and directed at highly at fairly high levels in the country in the company. A Dutch Telecom company was paying bribes to an individual in uzbekistan who had control of the Telecom Industry in uzbekistan. They paid out more than 114 million to get access to the is becky telecom market. They resolved their investigation with an 800 million resolution that included resolution with us, the department of justice, with the sec and with authorities in the. That is another thing we are seeing increasingly. Authorities in the netherlands. We are another thing seeing increasingly. Sharing leads, witnesses, giving each other tips. Some of these cases have come to our Law Enforcement from overseas Law Enforcement. And we like to give information overseas. A good example of that is, just last week, we announced the resolution of an investigation into bribery by the brazilian aircraft manufacturer embraer. Those of you that take the shuttle between new york or boston and ac, that is their jet. That is the case where we work jointly with brazil and with saudi arabia, the country that we have traditional ework in this area. They prosecuted more than a dozen individuals in that bribery scandal. We also have something im really excited about in the Criminal Division that is relatively new. The assetd within forfeiture and Money Laundering section. I shouldve said before that the has worked with our fraud section. We have 140 lawyers in the front section. Back ina big change 2004, there were about 50. So that is a dramatic change. We did a a year or so ago i involved athat former soviet republic and we were able to get our hands on a large amount of money and were with the ngo and worked with the ngo to find and see some Youth Activity programs in that country. That may seem a small thing. But rather than the u. S. Keeping the money that we seized that was stolen from that country, we got back to that country for and we have as not a system to make sure that the money is going to who we think it is instead of going back into the pockets. The work is painstaking. Forfeit money, sees it, we have to identify improve the original crime, the original corruption, the original theft, the original bribery, whatever the underlying crime was. There would have to trace the money from the crime to an account that we can get our hands on. Thats really hard to do. Because these folks are very sophisticated. They put their money in is not in their name in an account at citibank. It is in offshore account a set offshore account be to offshore account ceased. It is really difficult to prove. Papers of the pen of our lawyers of the panama papers, sophisticated accounts, a lot of people out there whose job it is to help people hide their money. Its difficult to penetrate that. Witnesses are difficult to find. Youre not can i get summary from the country who knows what happened to come to you if they are going to have to go back to the country. And give you actual evidence. A laws. Ready sees we have seized over 3 billion in assets in alaska of years. Most of those ads in the last couple of years. We dont want the United States to be safe haven for the stolen money. Ofdont want the dictator that country to be able to own the penthouse at the Time Warner Center on Columbus Circle in new york or a huge mansion in money. Ton with stolen we dont want to be a haven. So some of the assets we have seized have been mentions oliver malibu and apartments in new york, i hotel in beverly hills. Seized impressionist art. They Malaysian Sovereign Wealth Fund worth 3 billion were siphoned off and used for various things, including among other things buying impressionist paintings, monets anets, including funding the wealth of wall street. We now own it. So everybody go home and download the wolf of wall street, and you will be putting money in your governments coffers. [laughter] when i was at my firm, i was frustrated because i felt that, when youre a client and the and theas a problem, client will have to deal with the department of justice, the client wants to know whats going to happen. You just we werent in the position to tell the client with any and the client will have to deal with the department of justice, the client wants to certainty, if yt this, this will happen. It is difficult to give a clear because everything is so factspecific. We wanted to do everything we could to make decisions and our actions more transparent. Transparency is important because it House Companies understand what might happen. It helps the public see what we are doing and why we are doing it. I think it also deters future wrongdoers because being transparent about what will happen to a company if it does x is a good way to deter a company from doing x. Weve done two things to try to make the corporate charging decisions more transparent. Our chargingl of documents, except for indictments, which are not that many actual indictments of operations. They are either resolved as a guilty pre the guilty plea, a deferred. We used to not say in those documents why. Why is this Company Getting a deferred prosecution agreement and that company is getting an npa. We change that. We say a Company Fully ,ooperated, if they did things gave us access to documents, gave us evidence, did whatever. It is all facts pacific. Website, youour will see resolutions and the kind of language that describes at the company did. Maybe the company selfreported, remediated and did much better. The company that didnt cooperate until they switch council, which happens a lot, and then they cooperated. But they still dont get the full credit, the safe the same credit as the other debris. The second wave as the other company. The second way is we started a Pilot Program. Guidance to the fraud section prosecutors who are doing cpa case is about corporate resolutions. It provides benchmarks. So if the company voluntarily selfreports and cooperates and remediates and disgorge his whatever profits it made from the contract that he got through bribery, even when there is a bride that we can prove, we made the client prosecution of that case. Important that they dont discourse of profits. But in any event, the Pilot Program is