Charlotte Chapter hosts former federal prosecutor.

• Author: Godfrey, Howard L.
• Position: FEI CHAPTER EVENTS

It's no secret the regulatory criminal enforcement climate has drastically changed for every industry, not just finance and banking. And where fraud prosecutions had been limited and only brought in cases of extreme violations, now every business and individual executive appears to be "fair game."

To help members prepare for such an eventuality, FEI's Charlotte Chapter hosted a two-hour educational presentation Oct. 22 by the litigation law firm of Anderson Terpening PLLC (www.houseofdefense.com). The program, which was eligible for continuing professional educations credits, was sponsored by Vaco, the chapter's gold sponsor.

The presentation provided an overview of some current critical enforcement trends; a glimpse inside the government's "playbook;" and steps to reduce the risks, demonstrate good corporate citizenship and add value to their companies. An effective compliance program is said to be analogous to "enforcement insurance." The discussion highlighted the core principles underlying such programs and provided some practical pointers for conducting and protecting internal investigations and responding to subpoenas and search warrants.

Pete Anderson, one of the presenters, is a former federal prosecutor who gained experience overseeing various white-collar criminal investigations and trying complex cases--both at the Department of Justice in Washington, D.C., as well in the U.S. Attorney's Office in the Western District of North Carolina. In private practice for more than 13 years, Anderson has drawn upon his unique experience.

Apart from helping companies stay out of trouble, his firm also helps clients respond quickly and effectively if, and when, trouble does arise.

Will Terpening, the co-presenter, gained his experience in the securities-enforcement arena at the national law firm of Alston & Bird LLP in Atlanta. Terpening gained valuable insight into the tools used in the administrative, civil and criminal arenas. He also gained experience in document-retention policies, document-gathering strategies and internal investigations.

The speakers emphasized that the biggest danger for financial executives is a lack of the heightened risks in this aggressive enforcement environment, as well as cost-effective ways to protect themselves and their companies. Unfortunately, when clients get in trouble for the first time, their lack of awareness is reflected in the comments or questions that they all seem to frequently ask:

* "These...