Featured Articles:

Antitrust Division Continues to Wrestle with Credit for Pre-Enforcement Compliance Programs

The Justice Department’s Antitrust Division maintains a robust criminal enforcement program fueled by the steady stream of leniency applicants.  Since the 1990s, the Antitrust Division has trumpeted a successful leniency program that has been followed by many other foreign enforcement agencies.  There is no question that the Antitrust Division’s leniency program has led to major prosecution and settlement successes. The Antitrust Division has used this...

Four Current FCPA Enforcement Trends

There are two distinct themes in FCPA enforcement – the first is consistency, i.e., that some enforcement actions are relatively consistent across the board and, in the last five to ten years, the FCPA caseload has been fairly steady; the second is variability, meaning that new policies have an impact on FCPA enforcement.  Some minor and some major.  All of this may be another in...

Episode 47 — Cybersecurity Threats and Compliance

Companies face evolving and significant cyber risks. The FBI estimates that ransomware will generate at least $1 billion for criminals.  Businesses stand to lose at least $400 billion each year from hacks.  The cyber defense, forensics and insurance industry will be worth nearly $200 billion by the end of this decade.  Each year there is an average of 1.5 million cyber attacks, or approximately 4000 per day....

Beam Settles FCPA Violations with SEC for $8 Million for Pervasive Third-Party Bribery Schemes

After a lengthy investigation conducted by the SEC, Beam Suntory agreed to pay $8 million to settle FCPA violations in India.  (Copy of SEC order Here).  Beam’s settlement took over 5 years from initial disclosure to resolution – a long-time to say the least.  Interestingly, there has been no resolution or mention of a parallel DOJ investigation. Beam’s conduct follows similar conduct by other liquor companies...

Stephen Cheng and Marcel de Chermont Join The Volkov Law Group

The Volkov Law Group is pleased to announce the addition of Stephen Cheng and Marcel de Chermont to the firm.  Both bring a wealth of compliance experience to the firm and promise to assist us in continuing to offer our clients the high-quality ethics and compliance, and enforcement defense services that we offer.  We look forward to introducing them to new and existing clients. Stephen...

Lessons Learned from Credit Suisse Corrupt Hiring Scheme and FCPA Settlement (Part II of II)

Credit Suisse has joined the ranks of other banks and companies that have settled FCPA violations involving hiring of government officials’ relatives in exchange for business benefits, including JPMorgan Chase; BNY Mellon, and Qualcomm.  There are several banks still under investigation for such practices, including Citigroup, Barclays, Deutsche Bank, HSBC and Goldman Sachs. The hiring program enforcement actions demonstrate the Justice Department’s and SEC’s broad...

Credit Suisse Pays $76 Million for Sons and Daughters FCPA Violations in China (Part I of II)

Credit Suisse Group AG and its Hong Kong subsidiary settled FCPA charges with the Justice Department and the Securities and Exchange Commission.  The Justice Department announced that Credit Suisse’s Hong Kong subsidiary agreed to pay $47 million in exchange for a non-prosecution agreement (NPA) for FCPA violations involving hiring of friends and families of Chinese officials to win investment banking business (here).  The SEC announced...

Episode 46 — Implementing a Policy Management Program

Companies have to implement a robust policy management program.  In today’s risky environment, companies should automate a robust policy management program that requires regular review, assessment and updating of policies and procedures.  A policy management program should be created consisting of key constituencies to ensure that policies and procedures are current, effective, and appropriately tailored to the company’s risk profile. In this episode, Michael Volkov...

Drawing Legal Lines in Cryptocurrency Regulation: The Importance of Decentralization

The cryptocurrency market is exciting to watch.  Based on the revolutionary blockchain distributed ledger system, cryptocurrencies have exploded on the marketplace.  As with any new “gold rush” to hit a market, cryptocurrency has attracted scammers and common fraudsters, as well as sophisticated hackers who attack the cryptocurrency markets to steal valuable coins or other tokens. For the law-abiding investors and exchange operators, the CFTC, SEC...

Webinar: Cybersecurity Threats and Compliance

Webinar: Cybersecurity Threats and Compliance July 17, 2018, 12 Noon EST Sign Up Here Cybersecurity threats are evolving and creating significant risks to companies. The FBI estimates that ransomware will generate at least $1 billion for criminals. Businesses stand to lose at least $400 billion each year from hacks. Each year there is an average of 1.5 million cyber attacks, or approximately 4000 per day. Companies...