Featured Articles:

FCPA Remediation Focus on Supervisory Personnel

The Justice Department’s FCPA enforcement and remediation focus on supervisory personnel is an interesting development. On the one hand, DOJ has been slow to bring individual criminal enforcement actions for FCPA violations. At the same time, they are flirting with a potential new enforcement approach – a criminal prosecution for circumventing internal controls without proof of bribery. However, FCPA prosecutors appear to be gun-shy after...

The Three Lines of Compliance Offense Versus The Three Lines of Compliance Defense

People crave simple solutions to complex problems. No, this is not a political statement, nor do I intend to wade into politics. This statement applies across the board – to business, compliance, government, and other institutions.  We all want to understand difficult issues and to gain that understanding without the hard work that is required to learn a complex issue, consider alternatives, and develop possible...

Compliance, Technology and Data Analytics

Compliance professionals cannot do it alone. Of course, CCOs need compliance staff and the collaboration of business, human resources, legal, financial and audit, and related functions in order to succeed. I have made this point over and over (again and again). Along with human and functional resources, CCOs need to embrace technology and data analytics. I have written about the importance of technology to the...

Lawyers and Culture in the Financial Services Industry

The rise of the compliance profession has had a number of positive impacts on the corporate governance landscape. One of the most important results has been increased focus on corporate culture. Chief compliance officers recognize that they are the guardians of the company’s culture (assuming the company does not have a separate Chief Ethics Officer). Some companies have recognized the importance of ethical business decision-making...

Legal and Compliance Coordination – An Essential Foundation to an Effective Compliance Program (Part IV of IV)

Here is a profound grasp of the obvious – Lawyers can be difficult people. Some like to condemn the profession in its entirety (and carry with them a collection of lawyer jokes). As an attorney, I beg to differ. Many professions include and reward difficult people. For example, CEOs have the highest incidence of psychopathy among professionals. Lawyers are no different and expected to zealously...

Webinar: Antitrust Training: Avoiding Criminal Cartel Risks

Webinar: Antitrust Training: Avoiding Criminal Cartel Risks Tuesday, March 28, 2016 12 Noon – 12:30 CST Sign Up Here Free and fair competition in the marketplace benefits consumers.  But when organizations collude with their competitors, it inhibits the competitive process — and violates antitrust laws. So, how can you avoid criminal arrangements and interactions with your competitors? Join Michael Volkov, CEO of The Volkov Law...

Getting to Know You, Getting to Know All About You — Business Buy-In to Compliance Functions (Part III of IV)

We all know that a compliance program without business buy-in is, by definition, an ineffective compliance program. The level of business support ranges from “mouthing” support to full-fledged embrace and ownership of compliance program controls. By “mouthing” support, I am referring to business staff who say they understand compliance, use the right words reflecting an understanding of compliance issues, but they fail to attend to,...

Bridging the Gap: Uniting Compliance and Financial Controls (Part II of IV)

A Chief Compliance Officer has a number of important relationships to attend to in the corporate governance landscape. A critical relationship needed to “operationalize” a compliance program is a partnership between a CCO and the Chief Financial Officer and its key constituents, including the Internal Auditor and Comptroller. Unfortunately, a recent survey (Here) revealed that only 37 percent of CFOs actively participate in their company’s...

Operationalizing Compliance – Natural Partners and Breaking Down Walls (Part I of IV)

An effective compliance program is built on internal coordination and relationships. Applying the Justice Department’s terminology, an effective compliance program is one that is operationalized. At first glance, you may think this is something new. It is not. The Justice Department’s adoption of the term “operationalized” is meant to distinguish between a compliance program that exists on paper versus a compliance program that is implemented...

DOJ’s Compliance Program Evaluation Guidance

The Justice Department’s recent guidance on compliance programs, consisting of 110 separate questions, organized around specific compliance topics, has raised a number of interesting procedural and substantive issues. From an enforcement standpoint, how will DOJ prosecutors use the questions in negotiating FCPA enforcement settlements? The possible weight given to the factors will vary depending on a number of factors, including the nature and scope of...