1. Best Practices in Translation and Language
Technology for Foreign Language Intensive
Investigations
Jay Rosen
Presentation to San Francisco ACFE
August 17, 2011

2. Table of Contents
1. Current FCPA Climate
2. How to Handle Foreign Language Intensive Investigations
3. Merrill Brink
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3. Current FCPA Climate
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4. FCPA Enforcement Actions brought by the Department of Justice ("DOJ") and
Securities and Exchange Commission ( S C )
S C ("SEC")
2011
2004 2005 2006 2007 2008 2009 2010
(as of 6/20/11)
DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC
2 3 7 5 7 8 18 20 20 13 26 14 48 26 8 9
Source: Gibson Dunn 2010 Year-End FCPA Update
With prosecutors tied up for more than 50 courtroom days in FCPA trials during the
H1 2011, enforcement actions have been initiated at a slower pace than in recent
years. Few predict that the surge of FCPA enforcement activity is now subsiding.
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5. Most Costly FCPA-Related Settlements (in $millions)
Siemens (2008) $800
KBR (2009) $579
BAE (2010) $400
Snamprogetti Netherlands B.V. (2010)
BV $365
Technip S.A. (2010) $338
JGC Construction (2011) $219
Daimler AG (2010)
( ) $
$185
Alcatel-Lucent (2010) $137
Panalpina (2010) $82
Johnson & Johnson (2011) $70
Source: SEC Enforcement Trends 2011: The New Era of FCPA Enforcement , Thomas O. Gorman, April 14, 2011
8 of the Top 10 FCPA-Related Settlements are from 2010 & 2011
FCPA Related
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6. How to Handle Foreign Language Intensive Investigations
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7. 5 Tools of Translation Technology
1. Language Identification
• Document level language break down that allows granular workflows
• Case level break down so resources can be sourced and allocated
2. Foreign Language Key Words
• Foreign language key terms against foreign language text
• 20 English terms can easy become 100 foreign language terms
g y g g g
• A few $100 here can save thousands in attorney review or summary
3. Machine Translation
• If viable 1/100th the cost of a human based solution
4. Summary Translations
• Linguistic review that allows for basic understanding of the document.
Can be used as a filter for reducing the amount of human translation
5. Human Translations
• Basic Translation – Internal usage. For Information Purposes Only “FIPO”
• Certified Translation – For court or other external usage.
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8. Leveraging Language Technology Across ESI Collections
English
Review
Data Collection Automated Privileged
Load for and
and Language Review Machine
Processing Identification Translation Responsive
Identified
Human
Translation
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9. How Do You Define Success?
Traditional translation companies define THEIR success by the
number of words they translate for you.
 e.g. 20,000 words @ $0.25 a word
At Merrill Brink, we define OUR CLIENT’S success by the number
of words we do NOT t
f d d translate. Our goal is to individually
l t O l i t i di id ll
process each document in the most cost effective manner from
the beginning to end of the ESI workflow.
By successfully leveraging the 5 tools of translation at the front
end of a foreign language data intensive investigation, the goals
of translation and eDiscovery are mutually aligned.
 eDiscovery – Only produce documents which are relevant to the case
 Merrill Brink – Only translate documents that must be submitted to official
bodies (DOJ/SEC, etc.)
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10. Case Study
Multinational Telecom: Internal FCPA investigation
Start - 1,000,000 documents
Step 1 - Language Identification culled 350,000 English documents
Step 2 – Foreign language searching culled 390,000 documents
Step 3 – Foreign language contract review of 260 000 documents produced
260,000
3,000 responsive documents
Step 4 – Machine translation performed on larger documents to identify if
complete translation was needed
p
Step 5 – Full translation of 3,000 documents (.3% of total population)
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11. Case Study in Action
1,000,000 Language ID
docs culled 350,000 350,000 English
English docs English docs Review
Foreign language
searching culled
390,000 docs
390 000 d
Data Collection Automated Privileged
Load for and
and Language Review Machine
Processing Identification Translation Responsive
Identified
Foreign language Human
contract review of Translation
260,000 docs produced
3,000 responsive docs Full
.3% of total translation
population 3,000 docs
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12. Merrill Corporation Overview
Empowering communications of the world’s leading
companies
p
 Headquartered in St. Paul, Minnesota
 Founded in 1968
 40-plus years experience handling highly
p y p g g y
confidential financial, transaction and
legal information
 More than 5,000 employees in
85 global l
l b l locations
ti
 Offices in Europe, Asia, Australia
and more
 Affiliate relationships worldwide
 Global infrastructure, local presence
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13. Merrill Brink International: Corporate Language Solutions
for a Global Company
Industry-leading tools, people and
a track record of success
 Translation, localization and
globalization industry leader for
more than 35 years
y
 Wholly owned subsidiary of Merrill
Corporation
 Recognized for our commitment to
quality and leveraging technology
 Reduce costs
 Eliminate redundant processes
 Accelerate translation life cycles
 Prod ction facilities in the U S and
Production U.S.
Europe, and locations around the
globe
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14. Compete in Any Language – Anywhere in the World
Merrill Brink Production Hubs
St. Paul, MN
New York, NY
Galway, Ireland
G l I l d
London, England
Global Affiliates
North American Offices Australia
Atlanta China/Singapore
Baltimore Croatia
Birmingham Denmark
Boston Egypt
Chicago France
Dallas
ll Germany
Houston Hong Kong
Jackson Hungary
Los Angeles India
Miami Israel
New York Global Offices Italy
Philadelphia Paris,
Paris France Netherlands
San Diego Frankfurt, Germany Norway
San Francisco Chennai, India Portugal
Seattle Hong Kong Russia
Washington, DC Dublin, Ireland Spain
Calgary, Alberta Christchurch, New Zealand Sweden
Montreal, Quebec Singapore South Africa
Toronto, Ontario Sweden Switzerland
Vancouver, British Columbia Australia U.A.U.
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15. Professional, Expert Linguists for Technically Precise
Results
Rigorous application and testing process criteria qualifies
only 5 percent of applicants for linguist positions
l f li f li i ii
 Education and professional certifications
 Native speakers of target language
 Minimum of 5 years experience translating into native language
 Subject matter expertise in specific industries
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16. Contact Information
Jay Rosen
Vice President, Language Solutions
http://www.linkedin.com/in/jayrosen
Merrill Brink International
310.729.6746 cell
818.593.2338 direct
www.merrillbrink.com
jay.rosen@merrillcorp.com
jay rosen@merrillcorp com
FCPA Translation & Multilingual Document Review Solutions
Investigations | Monitor | Compliance | Codes of Conduct | eLearning
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