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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Is China’s Increased Investment Elevating Latin America’s Risk Profile?

May 2023
RiskGeneral

Abstract

Economic initiatives within the Latin America region over the past two decades have led to a dramatic increase in investment from China, particularly within critical industries such as energy, infrastructure, telecommunications and healthcare. China’s Belt and Road Initiative (“BRI”) and more recently the Covid-19 pandemic response have dramatically increased China’s influence in the region, overtaking that of the United States on a trade value basis. While this investment has helped advance certain economic objectives, the large influx of money has arguably increased an already elevated risk profile for companies operating in the region. Latin American has long struggled containing corruption, as evidenced by having some of largest corruption scandals in history occurring in the region. Add an infusion of business coming from China, a country with its own established record of corruption issues, into the mix, and it is unsurprising that issues are starting to emerge.

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Authors

Portrait image of Drew Costello
Drew Costello
Partner, Forensic Risk Alliance, USA

Drew Costello is a Partner at FRA based in Philadelphia, Pennsylvania. Drew specializes in the areas of Forensic Accounting and Corporate Compliance with over 20 years of experience in both professional services and industry roles. Drew provides investigative services for attorneys, corporate management, and governmental agencies pertaining to a variety of matters, including bribery and corruption, earnings management, false claims, conflicts of interest, commercial disputes as well as general fraud and misconduct schemes. Mr. Costello has significant experience guiding companies through regulatory investigations involving the DOJ and SEC, including those resulting the appointment of independent compliance monitors. Drew also assists clients in establishing and strengthening compliance, ethics and anti-fraud programs and internal controls to mitigate the evolving risks of digitalization and regulation. Mr. Costello has direct experience in leading companies through all stages of compliance program maturity, from establishing a foundation of policy development and global awareness training, procedural development of core compliance activities, to embedding a risk-based monitoring and auditing protocol. Drew’s compliance advisory services have also been performed in support of a DPA-imposed independent compliance monitor. Prior to joining FRA, Drew was a Director of Compliance Audit at Teva Pharmaceuticals where he managed and delivered proactive audits assessing compliance and fraud risk related to FCPA, Anti-Kickback Statute, False Claims Act, antitrust laws, data privacy, and restricted promotional practices in the US and over 80 global affiliates. Who’s Who Legal has recognized Drew as a Global Leader and Forensic Accounting expert. Sources describe him as “the consummate professional” and have noted his “great strategic thinking with an understanding of the legal issues.” Drew is a Certified Public Accountant (CPA) licensed in Pennsylvania, a Certified Fraud Examiner (CFE), and is Certified in Financial Forensics (CFF). Drew’s community involvement includes serving as a board member of Breakthrough Challenge, a non-profit organization, whose primary mission is to support breakthrough research at Penn Medicine's Abramson Cancer Center.

Portrait image of Jordan Basich
Jordan Basich
Associate Director, Forensic Risk Alliance, USA

Jordan Basich is an Associate Director at FRA based in Philadelphia, Pennsylvania. Jordan has over 11 years of experience in professional services and industry roles, working on global matters involving bribery and corruption, fraud, compliance and risk management for companies in a multitude of industries. Jordan’s experience at FRA includes assisting in an internal investigation for a global Medical Technology company related to improper payments made to healthcare professionals by employees, and supporting an Independent Monitor appointed by the U.S. Department of Justice in evaluating the second line of defense function at a multi-national Financial Services company to ensure risks are effectively mitigated within the organization. Jordan is currently assisting a global Medical Device company in remediating observations made by the company’s Independent Monitor which includes reviewing transactions across numerous countries, identifying policy violations and gaps, determining the root cause of each issue, and creating action plans to address the issues and prevent future violations. Prior to joining FRA, Jordan was a Manager in the Compliance Audit Group at Teva Pharmaceuticals where he managed and assisted proactive audits designed to assess compliance and fraud risk related to the Foreign Corrupt Practices Act (FCPA), Anti-Kickback Statue, False Claims Act, antitrust laws, data privacy and restricted promotional practices in the US and over 80 global affiliates in addition to working on internal investigations conducted by the company. Jordan has also worked at KPMG advising on investigations which focused on violations of the FCPA, as well as proactive assessments and audits of internal controls to ensure compliance with laws and regulations and prevent fraud, waste and abuse. He has worked on clients located in North America, South America, Europe, Africa and Asia. Jordan is a Certified Public Accountant (CPA) as well as a Certified Fraud Examiner (CFE). He is a graduate of West Virginia University, where he received a Graduate Certificate in Forensic Accounting and Fraud Investigation as well as a Bachelor’s degree in Business Administration.

Portrait image of Brian Ross
Brian Ross
Associate Director, Forensic Risk Alliance, USA

Brian Ross is an Associate Director at FRA with over 15 years of experience in professional services and industry roles. Brian specializes in Forensic Accounting and Corporate Compliance and has worked on matters involving bribery and corruption, revenue recognition, fraud and misconduct, regulatory compliance, and risk management. While at FRA, Brian has assisted a publicly traded company respond to an SEC Inquiry Letter and corresponding shareholder lawsuit related to allegations of channel stuffing and improper sales practices, and the corresponding impact to revenue recognition and earnings management. Additionally, Brian has supported an Independent Monitor appointed by the US Department of Justice in evaluating the third line of defense function at a multinational Financial Services company. Brian has assisted a global Medical Device company in remediating observations made by the company’s Independent Monitor which includes reviewing transactions across numerous countries, identifying policy violations and gaps, determining the root cause of each issue, and creating action plans to address the issues and prevent future violations. Brian has provided investigative services for clients for a variety of matters including allegations of FCPA violations, anti-competitive practices, accounting malpractice, and potential violations of the False Claims Act, Anti-Kickback Statute, and Stark Law. Prior to joining FRA, Brian worked at Teva Pharmaceuticals in the Compliance Audit Group, where he conducted audits designed to assess compliance and fraud risk related to the Foreign Corrupt Practices Act (FCPA), Anti-Kickback Statute, False Claims Act, antitrust laws, data privacy, and restricted promotional practices. Brian also worked at Vanguard in Internal Audit, where he managed audits in the Institutional Investor Group. Prior to these roles, Brian was a manager in KPMG’s Forensic practice where he coordinated and managed forensic investigations, risk assessments, control evaluations, and third party due diligence engagements. These engagements were completed on behalf of management, outside counsel, and audit committees of Fortune 500 companies in the pharmaceutical, retail, software, manufacturing, financial services, and higher-education industries. Brian is a Certified Public Accountant (CPA) licensed in Pennsylvania and a Certified Fraud Examiner (CFE). Brian has a Bachelor of Science degree in Accountancy with a minor in Finance from Villanova University.

Companies

Forensic Risk Alliance logo

Forensic Risk Alliance

Forensic Risk Alliance has worked all over the world to solve complex forensic issues for multinational clients, FRA is an internationally recognized as specialists in multi-jurisdictional investigations. FRA prides itself on bringing a high level of confidence to clients facing serious issues by providing clear, robust, and candid advice that is trusted by clients, regulators, courts, and enforcement agencies. FRA frequently works at the direction of counsel on global matters including complex multi-year investigations, collecting data from numerous accounting and electronic sources, analyzing complex transactions and advising clients in response to regulatory inquiries and monitorships. Regulators they have dealt with include the US Department of Justice (DOJ), US Securities & Exchange Commission (SEC), the UK Serious Fraud Office (SFO), US Office of Foreign Assets Control (OFAC), as well as many other foreign regulatory authorities. While they possess financial and accounting skills in-house, we do not – unlike many of our competitors – offer traditional audit or accounting advice and are therefore largely conflict-free.

Forensic Risk Alliance logo

Forensic Risk Alliance

Forensic Risk Alliance has worked all over the world to solve complex forensic issues for multinational clients, FRA is an internationally recognized as specialists in multi-jurisdictional investigations. FRA prides itself on bringing a high level of confidence to clients facing serious issues by providing clear, robust, and candid advice that is trusted by clients, regulators, courts, and enforcement agencies. FRA frequently works at the direction of counsel on global matters including complex multi-year investigations, collecting data from numerous accounting and electronic sources, analyzing complex transactions and advising clients in response to regulatory inquiries and monitorships. Regulators they have dealt with include the US Department of Justice (DOJ), US Securities & Exchange Commission (SEC), the UK Serious Fraud Office (SFO), US Office of Foreign Assets Control (OFAC), as well as many other foreign regulatory authorities. While they possess financial and accounting skills in-house, we do not – unlike many of our competitors – offer traditional audit or accounting advice and are therefore largely conflict-free.

Forensic Risk Alliance

Forensic Risk Alliance has worked all over the world to solve complex forensic issues for multinational clients, FRA is an internationally recognized as specialists in multi-jurisdictional investigations. FRA prides itself on bringing a high level of confidence to clients facing serious issues by providing clear, robust, and candid advice that is trusted by clients, regulators, courts, and enforcement agencies. FRA frequently works at the direction of counsel on global matters including complex multi-year investigations, collecting data from numerous accounting and electronic sources, analyzing complex transactions and advising clients in response to regulatory inquiries and monitorships. Regulators they have dealt with include the US Department of Justice (DOJ), US Securities & Exchange Commission (SEC), the UK Serious Fraud Office (SFO), US Office of Foreign Assets Control (OFAC), as well as many other foreign regulatory authorities. While they possess financial and accounting skills in-house, we do not – unlike many of our competitors – offer traditional audit or accounting advice and are therefore largely conflict-free.

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