Upload
others
View
0
Download
0
Embed Size (px)
Citation preview
Anti-Corruption Enforcement
in China on the Rise Minimizing Risk of FCPA and Chinese Law Violations and Responding to Investigations
Today’s faculty features:
1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific
The audio portion of the conference may be accessed via the telephone or by using your computer's
speakers. Please refer to the instructions emailed to registrants for additional information. If you
have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.
TUESDAY, MARCH 5, 2013
Presenting a live 90-minute webinar with interactive Q&A
Michael S. Diamant, Partner, Gibson Dunn & Crutcher, Washington, D.C.
Robert Hunt, Partner, Herbert Smith Freehills, Hong Kong, China
Michael Li-Ming Wong, Partner, Gibson Dunn & Crutcher, San Francisco
Sound Quality
If you are listening via your computer speakers, please note that the quality of
your sound will vary depending on the speed and quality of your internet
connection.
If the sound quality is not satisfactory and you are listening via your computer
speakers, you may listen via the phone: dial 1-866-320-7825 and enter your PIN
when prompted. Otherwise, please send us a chat or e-mail
[email protected] immediately so we can address the problem.
If you dialed in and have any difficulties during the call, press *0 for assistance.
Viewing Quality
To maximize your screen, press the F11 key on your keyboard. To exit full screen,
press the F11 key again.
For CLE purposes, please let us know how many people are listening at your
location by completing each of the following steps:
• In the chat box, type (1) your company name and (2) the number of
attendees at your location
• Click the word balloon button to send
FOR LIVE EVENT ONLY
Webcast: Anti-Corruption Enforcement in China
Robert Hunt
Michael S. Diamant
Michael Li-Ming Wong
March 5, 2013
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
5
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
6
<Presentation Title/Client Name>
Predominant risks of operating in China Third-Party Risk
• Organizations often enter the Chinese market through joint ventures with local parties. Local requirements, lack
of infrastructure and language/cultural differences lead to the frequent use of third-party sales agents and
consultants. Use of these third party agents without conducting appropriate due diligence increases corruption-
related risk.
Culture of Gift Giving
• Gift giving is a prevalent social custom in China and cultural mores related to gift giving differ from Western
countries. Multinationals often experience difficulty making distinction between a “gift” and a “bribe.”
Travel Expenses
• Requests for travel from PRC government officials is common in China. The potential for abuse is significant.
• Notably, the use of travel agents to make kickbacks is becoming a more common practice and accentuates third-
party risk that can arise in connection with travel requests.
Ubiquity of “Foreign Officials”
• FCPA’s broad definition of “foreign official” encompasses all employees of state-owned entities (“SOEs”).
• The bulk of China’s domestic market is still composed of SOEs; more than 200,000 across a broad range of
industries.
• SOEs such as Sinopec and CNOOC have shares listed in New York.
7
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
8
<Presentation Title/Client Name>
Chinese Anti-Corruption Laws
Chinese law punishes both the giving and taking of bribes.
1. Official Bribery
2. Commercial Bribery
3. Foreign Bribery
9
<Presentation Title/Client Name>
PRC’s domestic legal landscape
China has two primary pieces of anti-corruption legislation: the Criminal
Law and the Anti-unfair Competition Law. They cover:
Public sector bribery :
• Accepting bribes by or giving bribes to “State personnel” to seek illegitimate
benefits
“State personnel” include all personnel working in SOEs
• Giving bribes to foreign officials or officials of international public organization to
secure illegitimate commercial benefits (May 2011 amendment to the Criminal
Law)
Private sector bribery:
• Accepting bribes by or giving bribes to private sector individuals or entities to
secure illegitimate benefits
10
<Presentation Title/Client Name>
PRC’s domestic legal landscape
Key concepts under the Chinese law:
What constitutes a bribe?
• Anything of value with no de minimis exception. In practice, however:
Low value meals or reasonable travel expenses offered in the course of normal
social networking activities should be less likely to fall foul of the law
What are the penalties?
• Bribery of State personnel – maximum life imprisonment plus fine; confiscation of
property and illegal proceeds may also be imposed
• Bribery of private individuals – maximum 10 years of imprisonment plus fine;
confiscation of property and illegal proceeds may also be imposed
11
<Presentation Title/Client Name>
China: Anti-Corruption Enforcement Agencies
Public Security Bureau (Law Enforcement)
Central Commission for Discipline Inspection
Supreme People’s Procuratorate (Prosecutor’s Office)
State Council (Government Agencies)
• Ministry of Supervision
• State Administration for Industry and Commerce (SAIC)
12
<Presentation Title/Client Name>
“A great deal of facts tell us
that the worse corruption
becomes, the only outcome
will be the end of the party
and the end of the state! We
must be vigilant!”
-Xi Jinping, Communist Party
Chief (11/19/2012)
China’s Anti-Corruption Enforcement: The New Regime
13
<Presentation Title/Client Name> <Presentation Title/Client Name>
China’s New Leadership Brings Changes in Anticorruption Laws and Enforcement
Recent changes to anti-bribery laws and policies include:
• Limits on party officials • Increased criminal prosecutions • Incentives for confessing to bribery • A new five-year plan • Asset disclosure for public officials
14
<Presentation Title/Client Name> <Presentation Title/Client Name>
PRC’s recent enforcement trends
The Chinese authorities’ enforcement tends to focus on the demand / receipt side
of bribery (passive corruption), particularly involving State personnel. Between
2003 and 2011, it is reported that more than 42,000 CPC members faced
corruption charges.
But employees of foreign corporates have also been targeted for receiving bribes.
And now China’s highest court and top prosecutorial body has issued a joint policy statement
regarding enforcement of PRC anti-corruption laws against bribe-givers. The policy statement:
• does not substantively change the legal requirements of the PRC anti-corruption prohibitions;
• focuses on which bribery offences will be subject to increased criminal penalties; and
• may signal a new enforcement priority against bribe-givers in the PRC.
15
<Presentation Title/Client Name>
Recent Chinese Corruption Headlines
Foxconn Begins Bribery Investigation
“The company said last week that an internal
investigation had uncovered possible wrongdoing in the
supply chain and that those findings had been shared
with the authorities in China.”
“Foxconn, which is based in Taiwan but has production facilities throughout China, did not offer details about the nature of the investigation or how the problem was uncovered. But last week, the Taiwan edition of Next Magazine reported that a Foxconn executive in the coastal Chinese city of Shenzhen had been detained by the police on bribery allegations.” -The New York Times, 1/13/2013
“Tao Liming, Chief Executive of the Postal Savings Bank of China (PSBC), China’s sixth largest commercial bank, was officially arrested on corruption charges at the end of December, after being held for several months.” “The charges for his arrest included issuing illegal loans, taking bribes, and illegal fund-raising . . .” -The Epoch Times, 1/7/2013
Chief of Top Chinese Bank Arrested for Corruption
Bo Xilai Ousted from Communist Party “China’s Communist leaders have dealt a hammer blow
to the disgraced politician Bo Xilai, expelling him from
the party and accusing him of everything from corruption
to improper sexual behaviour . . .”
“The state news agency Xinhua said the flamboyant
leader now faced criminal charges. It alleged that he took
huge bribes and abused his power . . .”
-The Guardian, 9/29/2012
Former Provincial Official Sentenced to Death for Bribery
“A former provincial official in east China's Jiangxi
Province was sentenced to death with a two-year reprieve
for taking bribes, a court heard on Wednesday.”
“He helped bribe-givers benefit from projects and
assisted them with job transfers and promotions by
taking advantage of his post, said the prosecutors.”
-Xinhua, 12/19/2012
16
<Presentation Title/Client Name>
Chinese Anti-Corruption Enforcement
660,000 By the Numbers:
Number of officials found guilty of
disciplinary violations over the past
five years
18,100 Number of Chinese officials punished
for corruption concerning construction
projects during the past three years.
30,000 Number of business-to-business
corruption cases investigated by the
Administration of Industry and
Commerce over the last five years.
“We must uphold the fighting of tigers and flies at the same time.”
- Communist Party Chief Xi Jinping, in a January 2013 statement indicating that he would target both low level and
high level officials.
17
<Presentation Title/Client Name>
Chinese Anti-Corruption Enforcement
Industry Focus:
Health Care: Investigations focused on hospital
officials in Southern and Western China accused
of taking kickbacks from distributors of medical
devices and drug manufacturers.
Banking: Bank presidents from China’s “Big
Four,” as well as those from institutions serving
low-income clients, have been prosecuted in
recent months.
Real Estate Development: High-level officials
have recently been prosecuted for accepting bribes
in exchange for favorable treatment in land acquisition and development deals.
18
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
19
<Presentation Title/Client Name>
An Overview of the Foreign
Corrupt Practices Act
(“FCPA”)
20
<Presentation Title/Client Name>
Overview: FCPA What is the Foreign Corrupt Practices Act?
• Anti-Bribery Provisions: The FCPA prohibits corruptly giving, promising, or
offering anything of value to a foreign government official, political party, or party
official with the intent to influence that official in his or her official capacity or to
secure an improper advantage in order to obtain or retain business.
• Accounting Provisions: The FCPA also requires issuers to maintain accurate
“books and records” and reasonably effective internal controls.
The FCPA was enacted in 1977 in the wake of reports
that numerous U.S. businesses were making large
payments to foreign officials to secure business.
21
<Presentation Title/Client Name>
Overview: FCPA (cont’d) Who is covered by the FCPA?
• Issuers: Any company whose securities (including level two and level three ADRs
and registered debt) are registered in the United States or that is required to file
periodic reports with the SEC.
• The FCPA also applies to stockholders, officers, directors, employees, and agents
acting on behalf of the issuer.
• Domestic Concerns: Any individual who is a U.S. citizen, national, or resident of the
United States (not just U.S. citizens), or any business organization that has its principal
place of business in the United States or which is organized in the United States.
• The FCPA also applies to stockholders, officers, directors, employees, and agents
acting on behalf of the domestic concern.
• Other Persons: Anyone who takes any act in furtherance of a corrupt payment while
within the territory of the United States.
22
<Presentation Title/Client Name>
Definition of “Foreign Official”
• Any officer or employee (including low-level
employees and officials) of a foreign
government or any department, agency, or
instrumentality of the government, which
U.S. regulators have construed to include
employees of government-owned or
government-controlled businesses and
enterprises.
• Officers and employees of public
international organizations, such as the
United Nations, World Bank or other
international financial institutions, the Red
Cross, and others.
• Party officials and political candidates.
• Members of royal families.
The FCPA prohibits corrupt payments to “foreign officials,” which is expansively
defined to include:
Resource Guide on the
Definition of “Foreign Official”
In recently published guidance, DOJ
endorses a list of nonexclusive factors that
courts have considered when determining
whether an individual or entity should be
considered a state actor, including:
• Extent of ownership of the entity by a
foreign state;
• Foreign state’s degree of control over
the entity; and
• The general perception that the entity is
performing official or government
functions.
The guide also notes that the FCPA “covers
corrupt payments to low-ranking
employees and high-level officials alike.”
-A Resource Guide to the U.S. Foreign Corrupt
Practices Act (ch. 2)
23
<Presentation Title/Client Name>
What Constitutes a “Thing of Value”?
• Liability exists from the first dollar – there is no “de minimis” exception.
• It is not limited to tangible items of economic value.
• It can include anything a recipient would find interesting or useful, including:
• Gifts and/or “Comps”
• Theatre Tickets
• Entertainment
• Food and Wine
• Red Envelopes
• Internships
• Professional Training
• Trips
• Loans
• Employment
• Consulting Fees
• Meals
• Education
• Political or Charitable Contributions
“As part of an effective compliance
program, a company should have
clear and easily accessible guidelines
and processes in place for gift-giving
by the company’s directors, officers,
employees, and agents.”
-A Resource Guide to the U.S. Foreign Corrupt Practices Act (p.16)
24
<Presentation Title/Client Name>
FCPA Enforcement and China
25
<Presentation Title/Client Name>
Continued Focus on China by U.S. Enforcement Agencies
Enforcement Actions:
• InVision Technologies, 2004
• Diagnostic Products Corp., 2005
• Schnitzer Steel Industries, 2006
• Paradigm BV, 2007
• York International, 2007
• Alcatel-Lucent, 2007
• AGA Medical, 2008
• Faro Technologies, 2008
• Siemens AG, 2008
• ITT Corporation, 2009
• Avery Dennison, 2009
• Control Components, Inc., 2009
• UTStarcom, Inc., 2009
• Daimler AG, 2010
• Veraz Networks, Inc., 2010
• Alliance One International, 2010
• RAE Systems, Inc., 2010
• IBM Corp., 2011
• Maxwell Technologies, 2011
• Rockwell Automation, 2011
• Watts Water Technologies, Inc., 2011
• Biomet, Inc., 2012
• Pfizer/Wyeth, 2012
• Nordam Group, Inc., 2012
• Tyco, 2012
• Eli Lilly, 2012
26
<Presentation Title/Client Name>
2012: An Active Year for China-Related FCPA Investigations
Five of the year’s twelve FCPA enforcement actions against companies involved conduct
in China:
27
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Health Care
Focus on the following risks when doing business in China’s health care sector:
Key Lesson: Appropriately allocate resources if your company is involved in a high-risk industry, such as health care. Know the risks and red flags associated with working with public hospital officials, and sponsored travel.
1. Distributors
2. Non-transparent tendering and
procurement processes
3. Medical training and conferences
28
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Pre-Acquisition Due Diligence
Key Lesson: Effective and probing pre-acquisition due diligence is a must in order to avoid inheriting the FCPA liability of newly acquired businesses.
In the Pfizer/Wyeth case, due diligence is underscored as a must in order to avoid inheriting the FCPA liability of newly acquired businesses.
• Following Pfizer’s 2009 acquisition of Wyeth, its due diligence review found potential improper payments, prompting SEC and DOJ investigations.
• Wyeth paid $18.8 million to resolve the SEC charges.
• DOJ declined to pursue charges against Pfizer, citing its due diligence and the prompt implementation of internal controls in Wyeth’s entities.
29
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Third-Party Risks
Recent investigations show that third parties remain the single greatest area of risk for companies doing business in China.
Key Lesson: Although use of third parties is often a useful, and sometimes necessary, part of doing business in an emerging market, it will often present corruption risks. Conduct due diligence on third parties in high-risk countries, actively monitor third-party behavior during the relationship, and insist upon absolute integrity when dealing with foreign government officials.
• Nordam
• Biomet
• Tyco
• Rockwell Automation
30
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Third-Party Risks (cont’d)
Watch for red flags when dealing with third parties in China.
Common Third Parties to Watch in the PRC:
• Consultants
• Design Institutes
• PR/Marketing Firms
• Event Organizers
• Travel Agents
• Import/Export Companies
• Distributors & Dealers
• Unexplained increases in purchase prices
• Generic or unsatisfactorily explained invoices
• Inflated commission or fee arrangements
• Payments of money through indirect channels
• Hiring employees who are connected or related to
government officials
• Excessive travel and entertainment expenses.
• Third party domiciled in a country other than the one
where it provides services
31
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Gift Giving
Key Lesson: Be aware of cultural conditions that may present risks. Closely monitor the provision of gifts, entertainment, and other business hospitality, especially around local holidays.
Recent enforcement actions involving China show continued focus on abuses of the region’s gift-giving culture.
• Eli Lilly
• Pfizer/Wyeth
• Biomet
• RAE Systems
• Schnitzer Steel
32
<Presentation Title/Client Name>
China FCPA Enforcement Trend: U.S.-Listed PRC Companies
“U.S. investors should be able to rely on the quality of audited financial statements. Our Working Group’s actions demonstrate how the SEC is proactively identifying emerging risks to protect U.S. investors from accounting fraud.”
-Kara Brockmeyer, Chief, Securities and Exchange
Commission FCPA Unit, 12/3/2012
Chinese
Private
Company
U.S.-listed
Public Shell
Company
U.S-listed Public
Chinese Company
Recent SEC action shows that the regulatory agencies are actively investigating Chinese headquartered U.S.-listed companies.
33
<Presentation Title/Client Name>
China FCPA Enforcement Trend: Scrutiny of Compliance Programs
Recent cases show that U.S. enforcement agencies will factor in a company’s compliance program when determining whether to commence an enforcement action.
• April 2012: Garth Peterson, former
managing director in Morgan Stanley’s real
estate investment and fund advisory
business, pleaded guilty to conspiring to
evade internal accounting controls that
Morgan Stanley was required to maintain
under the FCPA.
• The SEC and DOJ both declined to accuse
Morgan Stanley of any wrongdoing, and
cited the company’s robust FCPA
compliance program and internal controls.
34
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
35
<Presentation Title/Client Name>
Enforcement is Global
A single enforcement action may involve several countries, regions, or
regulators, including those in the U.S. and China.
• Biomet: China, Argentina, and Brazil
• Eli Lilly & Co: China, Brazil, Poland, and Russia
• Pfizer: China, Bulgaria, Croatia, Indonesia, Kazakhstan, Pakistan, Russia,
and Saudi Arabia
• Tyco: China and multiple other countries in Asia, Europe, Africa, and the
Middle East
Key Lesson:
When an issue arises, assess whether the problem extends beyond the borders of a single country or region.
36
<Presentation Title/Client Name>
Coordination Between U.S. and Chinese Authorities
• In 2011, China-U.S. Joint Liaison Group on Law
Enforcement Cooperation established the U.S.-China
Anticorruption Working Group
– Facilitated an anti-bribery roundtable with U.S.
and Chinese executives
– U.S. agreed to repatriate Chinese officials living
in the U.S. accused of receiving bribes in China
– In December, 2012 working group led U.S. &
China to agree to work together to implement
obligations under the U.N. Convention Against
Corruption
“[F]ighting against transnational bribery is . . . an area that holds good prospects for U.S.-China cooperation.”— Cameron F. Kerry, General Counsel, U.S. Dept. of Commerce (Aug. 1, 2011)
37
<Presentation Title/Client Name>
Topics To Be Discussed
I. Corruption Risks in China
II. Chinese Anti-Corruption Laws
III. FCPA Enforcement and China
IV. Coordination Between U.S. and Chinese Authorities
V. Compliance Strategies for Mitigating Corruption
Risk in China
38
<Presentation Title/Client Name>
“After considering all the available facts
and circumstances, including that Morgan
Stanley constructed and maintained a
system of internal controls, which
provided reasonable assurances that its
employees were not bribing government
officials, the Department of Justice declined
to bring any enforcement action against
Morgan Stanley related to Peterson’s
conduct.”
- DOJ Press Release on the Morgan Stanley
Investigation
Establish an Effective Compliance Program
The Morgan Stanley case from 2012 reiterates the importance of maintaining
robust compliance programs.
39
<Presentation Title/Client Name>
“Fundamentally, the design of a company’s internal controls must take into account the
operational realities and risks attendant to the company’s business, such as . . . the degree to
which it has operations in countries with a high risk of corruption.”
-A Resource Guide to the U.S. Foreign Corrupt Practices Act (p. 40)
Establish an Effective Compliance Program Cont’d
The “basic elements DOJ and SEC consider when evaluating compliance
programs” are especially relevant to companies operating in emerging markets.
These include:
• Tailored Compliance Program
• Clear Compliance Policies
• Targeted Compliance Training
• Culture of Compliance
• Third-Party Due Diligence
• Confidential Reporting of Misconduct
• A Compliance Program That Evolves With The Business
40
<Presentation Title/Client Name>
Conduct Extensive Due Diligence on Potential Targets
Effective Due Diligence:
• Evaluate the target’s compliance program
• Evaluate particular risks associated with the target’s business
• How does the target deal with government officials?
• Evaluate the target’s use of and control over subsidiaries, field
offices, and agents.
• Conduct enhanced due diligence of any “red flags” that arise during
the diligence process.
41
<Presentation Title/Client Name>
Mitigate Risks Involving Third Parties
• Before: Conduct due diligence on potential agents, consultant,
distributors, and other intermediaries.
• After: Following the engagement of the third party, closely
monitor behavior to ensure continued compliance.
42
<Presentation Title/Client Name>
Gifts and Customer Travel • Gifts
– Tailor a compliance program to reasonably account for these cultural
expectations while preventing employees from using gifts as inducements to
win business.
• Travel
– Travel features especially prominently in corruption efforts in countries like
China, where public officials have limited opportunities for international
travel.
– When sponsoring travel for public officials, take precautions.
43
<Presentation Title/Client Name>
Other Tips for Mitigating Risks in China
Political and Charitable Contributions
• Contributions should not be used as a vehicle to conceal improper payments.
Establish pre-approval procedures for contributions.
Meals and Entertainment
• Meals and entertainment should only be given in connection with official
business and should, at all times, be reasonable under the circumstances.
Media Stipends
• Provide modest travel stipends uniformly, and never condition the stipend on
coverage. Journalists should provide written acknowledgement of receipt, and
all payments should be properly recorded in the company’s books and records.
44
<Presentation Title/Client Name>
Professional Profiles
Michael S. Diamant
Contact:
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Tel: +1 202.887.3604
Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. His practice focuses on white collar criminal defense,
internal investigations, and corporate compliance.
Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. He
has represented clients in an array of matters, including False Claims Act violations, accounting fraud, and antitrust violations, before the Department
of Justice and the Securities and Exchange Commission. Mr. Diamant also has managed numerous internal investigations for publicly traded
corporations and conducted fieldwork—including more than 200 witness interviews—in eleven different countries on four continents. In the area of
corporate compliance, Mr. Diamant regularly advises major corporations on the structure and effectiveness of their compliance programs. This often
includes reviewing reporting mechanisms, internal payment controls, and compliance messaging, as well as drafting new compliance materials, such
as ethics and anti-corruption handbooks.
Among Mr. Diamant’s substantive areas of expertise is the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Diamant conducts internal
investigations for corporations regarding possible violations of the FCPA and assists them in complying with government subpoenas and negotiating
settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their FCPA
compliance programs. Mr. Diamant has designed entire anti-bribery compliance programs, as well as guidance and payment approval materials, for
Fortune 100 corporations. He also frequently conducts FCPA training for in-house counsel, corporate executives, and line employees. In addition to
his work for clients, Mr. Diamant has held leadership roles in the FCPA compliance monitorships of Siemens AG and Statoil ASA.
Mr. Diamant clerked for the Honorable Fortunato P. Benavides of the U.S. Court of Appeals for the Fifth Circuit. He is a 2003 magna cum laude
graduate of the Georgetown University Law Center, where he was inducted into the Order of the Coif. At Georgetown, he served as Senior Articles &
Notes Editor of the American Criminal Law Review and authored the article on the False Claims Act for the Seventeenth Survey of White Collar
Crime, 39 Am. Crim. L. Rev. 491 (2002). In 2000, Mr. Diamant received his Bachelor of Science in Foreign Service magna cum laude from
Georgetown’s Walsh School of Foreign Service, where he was elected to Phi Beta Kappa.
45
<Presentation Title/Client Name>
Professional Profiles
Michael Li-Ming Wong Contact:
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Tel: +1 415.393.8333
Michael Li-Ming Wong, a San Francisco-based partner, is the Co-Chair of the firm’s national Securities Enforcement Practice Group and is also a
member of the White Collar Defense and Investigations Practice Group. Mr. Wong focuses on white-collar criminal matters, complex civil litigation
and internal corporate investigations, with a particular expertise in anti-corruption investigations.
As first-chair trial counsel, Mr. Wong has tried more than twenty civil and criminal trials to verdict, including a recent trial victory that the San
Francisco Daily Journal and Los Angeles Daily Journal recognized as one of the Top Defense Verdicts of 2011 in California.
Prior to joining Gibson Dunn, Mr. Wong served for more than eight years as an Assistant United States Attorney for the Northern District of
California. From 2005 to 2008, he served as Chief of the White Collar Crimes Section, where he supervised a team of experienced Assistant United
States Attorneys and oversaw investigations, prosecutions and trials concerning corporate fraud, health care fraud, mortgage fraud, bank fraud,
environmental crimes, civil rights offenses, and public corruption. From 2004 to 2005, Mr. Wong served as Chief of the Major Crimes Section, where
he trained and supervised all new Assistant United States Attorneys and oversaw the largest and busiest unit in the U.S. Attorney’s Office.
As an Assistant United States Attorney, Mr. Wong served as lead counsel on some of the district’s most significant and high-profile matters, including
cases involving allegations of multi-million dollar fraud schemes, health care fraud, commodities fraud, stock-options backdating, mortgage fraud, and
public corruption. His cases have been covered in national publications such as the San Francisco Chronicle, the Los Angeles Times, The Wall Street
Journal, and The New York Times, as well as by local newspapers and Bay Area television stations.
In 2004, and again in 2008, Mr. Wong was flown to Washington, D.C., to receive the U.S. Department of Justice Director’s Award for Superior
Performance as an Assistant United States Attorney.
Mr. Wong served as a law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court, and to Judge José A. Cabranes of the U.S. Court of
Appeals for the Second Circuit. He graduated magna cum laude from Harvard Law School, where he was an Editor of the Harvard Law Review.
46
<Presentation Title/Client Name>
Professional Profiles
Robert Hunt Contact:
23/F, Gloucester Tower, 15 Queen’s Road
Central, Hong Kong
Tel: +852 2101 4128
Robert has substantial experience advising on contentious matters in Asia and Europe. Robert has a particular focus on investigations work and has
advised clients on cross-border internal and regulatory investigations involving issues arising under the Foreign Corrupt Practices Act, Bribery Act and
other international anti-corruption statutes.
Between 2005 and 2007, Robert spent time in the firm’s Singapore office and associated office in Jakarta, engaging in a wide range of regional
disputes including contentious regulatory matters, shareholder disputes, distribution agreement disputes and claims arising out of a large environmental
disaster.
In February 2011, Robert relocated to Herbert Smith Freehills in Hong Kong, where he plays an active role in the Dispute Resolution group.
47