Insight into the criminal mind – How do you identify a fraudster?

Humberto J. Aguilar, Convicted Former Money Launderer
Humberto is a convicted former fraudster who was indicted in 1990, fled to Spain where he was arrested and extradited, and subsequently served 8 years in prison for violation of Internal Revenue Service regulations and federal law. Humberto assisted his criminal clients in defrauding the IRS by hiding their illegally obtained funds in foreign bank accounts and also shared revenues from drug importation conspiracy. To launder the drug money of his clients Humberto created a false corporate world of numerous corporations around the world along hundreds of bank accounts under those corporations and hundreds of letters of recommendation from bank to bank. Humberto’s presentation will describe how he went about setting up this elaborate web of lies, and why he did what he did.

Refreshments

Welcome & keynote opening remarks from the conference Chairman

• Common types and indicators of fraud and commercial corruption in Asia business operations
  
• What does a typical occupational fraud look like?
  
• Identifying your exposure to procurement fraud threats
  
• Identifying and dealing with tender abuse
  
• How to tell the difference between administrative irregularities and procurement fraud
  
• Recent case examples – what were the warning signs and lessons learnt?
  
• Top ten tips for detecting & preventing corporate fraud
  

John Bradfield, Regional Compliance Counsel Asia Pacific, SYNGENTA
John Bradfield is an experienced regulatory and competition lawyer. John is currently Regional Compliance Counsel for Syngenta, and is based in Singapore. John has held several senior positions as a regulatory and compliance lawyer in Asia, and most recently held positions at Nortel Networks and PCCW in Hong Kong.

• Global AML enforcement trends in the light of global tax enforcement
  
• Complying with international AML laws and sanctions
  
• Best practice techniques to detect and prevent AML
  
• Leveraging your AML programme to comply with FCPA and other anti-corruption requirements
  
• Managing examinations from multiple regulators

Rob McCusker, Transnational Crime Adviser, AUSTRALIAN INSTITUTE of CRIMINOLOGY, Director, CENTRE FOR FRAUD AND FINANCIAL CRIME
Douglas Fremont, Senior Counsel, Global Compliance, DIAGEO

How to recognise when your organisation is being used to launder money: From the launderers’ perspective

• What are the key techniques used to launder millions via banks globally
  
• Outlining the key entry points to the banking systems
  
• How to really know your customer
  
• Strategies to detect money laundering

Humberto J. Aguilar, Convicted Former Money Launderer

• Advantages and disadvantages of self-disclosure
  
• Identifying who you need to disclose to
  
• What should you do before disclosing
  
• How do you manage the disclosure
  
• Cooperating with the agencies after disclosure
  
• Considering the alternatives
  
• Lessons from recent voluntary disclosures
  
• Mitigating penalties and sanctions

Panel under invitation includes:
US DEPARTMENT OF JUSTICE
UK SERIOUS FRAUD OFFICE

Responding to & investigating allegations of corruption or fraud

• Who should I involve - internally and externally?
  
• What steps should I take to protect employees
  
• What shouldn’t I do?
  
• How should I report my internal investigation
  
• When should I start the remediation process?

John Bradfield, Regional Compliance Counsel Asia Pacific, SYNGENTA
Philip Jackson, Managing Region Legal Counsel, BAKER HUGHES
Philip’s legal practice covers a wide area; both geographically and in terms of scope. Major focuses include: structuring of operations; acquisitions; government relations; compliance; and corporate and resources law. His countries of operation stretch from India in the West to New Zealand in the East and China, in the North.
Arthur Hui, General Counsel, Asia, TYCO INTERNATIONAL
Mr Hui joined Tyco International in its corporate headquarters as Associate Chief Litigation Counsel in September 2003, and transferred to Singapore in June 2005 as the Deputy General Counsel and Compliance Counsel, Asia. Prior to joining Tyco, Mr Hui was a federal prosecutor in New York City for fourteen years

• Examples of tried and tested reporting lines
  
• Dealing with cultural differences in whistle blowing
  
• Training local staff to identify and report red flags which are "usual business practice" in the region
  
• How to deal with retaliation in the workforce
  
• Understanding the importance of heeding the warnings – a lesson from Avery

Edward Neunuebel, Regional General Counsel, VP – Government Affairs APAC, OWENS CORNING
Edward has managed compliance policy and planned, documented, negotiated, and served as director of wholly-owned and joint venture companies in fourteen countries including People's Republic of China, India, Indonesia, Japan, Korea and Malaysia.
Lori Middlehurst, Senior Director Global Employee Relations & Compliance, SUN MICROSYSTEMS
Ms Middlehurst has global responsibilities for employee relations and for investigations into employee misconduct at Sun, working closely with Sun's Business Conduct Office and internal Audit functions.

Refreshment break

• Triggers for investigations, when to investigate
  
• How to investigate corruption and fraud in Asia
  
• Reporting obligations - dealing with authorities
  
• The importance of qualified legal counsel and legal privilege
  
• Prospects for litigation or prosecution of corrupt employees and partners
  
• Questioning employees and business partners
  
• Handling employee terminations
  
• Likely investigative outcomes – go for justice or clean house?

Ying Zeng Yu, General Manager, CHINAWHYS
Ying has hands-on experience in all aspects of operational process and is experienced in operational/financial audit to identify management control weakness, risks and fraud indicators. She has worked on more than 250 cases for American and European multinationals in China ranging from
pre-transactional investigative due diligence to supply chain or distribution fraud, kickback investigations, and operational audits.

Managing a multi-jurisdictional investigation & remediation programme

• How a truly international corruption case was handled by the in-house team
  
• From reaction to transformation to sustainability: Outline of the change process & managing the multi-jurisdictional remediation programme
  
• Working with a Compliance Monitor

Dr. Klaus Moosmayer, Compliance Operating Officer and Chief Counsel Compliance & Investigations, SIEMENS