Featured Articles:

Insights from the 2020 NAVEX Global Hotline and Incident Management Report

NAVEX Global produces a number of valuable compliance reports.  Aside from its annual Third-Party Risk Management Report, NAVEX Global’s Hotline and Incident Report is always valuable given its leadership role in the hotline and incident management industry. The NAVEX Global Report is based on 2019 data before the pandemic occurred. Nonetheless, the insights are helpful and provide important insights that can be applied in a...

Episode 143 — The Boeing Safety Scandal and the Demise of Boeing’s Corporate Culture

Boeing Airlines was the leader in safety and financial success.  Unfortunately, Boeing has suffered a significant fall from grace as a result of its 737 Max safety record and two devastating crashes in Indonesia and Ethiopia. The Boeing safety scandal has had a devastating impact on Boeing’s performance and uncovered a corporate culture that has been obsessed with financial performance to the detriment of safety...

Beneficial Ownership: Identification and Mitigation (Part IV of IV)

We are finally reaching the end of the road on the beneficial ownership path.  In this last posting on the issue (for now), let’s start with a third-party population (third parties, vendors, suppliers) which have been classified into three categories, the first two of which fall into high-risk (foreign government interaction/representation and government ownership).  The bulk of the population, usually around 80 to 85 percent...

Practical Risk-Based Ranking Strategies to Beneficial Ownership Issues (Part III of IV)

At the outset, if you have a headache after reading my first two posts on the beneficial ownership issue, I apologize.  The issues twist and turn depending on whether the situation involves OFAC sanctions or corruption risks, and reflects the variety of ownership situations that occur. Given the overwhelming nature of the burden of a beneficial ownership risk mitigation strategy, we have to return to...

Unraveling Beneficial Ownership Risks (Part II of IV)

When discussing the importance of beneficial ownership with compliance professionals, there is often a disconnect between the theory and reality.  Everyone understands the legal and compliance risks and how they apply to third-parties, vendors and suppliers.  But when a compliance officer considers the burden of uncovering beneficial ownership interests, they quickly resist the need for such an analyses across the population.  And for good reason....

Addressing Beneficial Ownership Requirements in Your Compliance Program (Part I of IV)

We repeatedly hear about the importance of beneficial ownership, and the requirement that companies confirm beneficial ownership of its third-parties, vendors and suppliers.  At the same time, there is increasing pressure from regulators and law enforcement to identify and unravel beneficial ownership when dealing with business partners. There is no question that beneficial ownership is a critical issue.  I have frequently stated (i.e. repeated myself)...

Episode 142: Covid-19: The New Risk and Compliance Framework

The Covid-19 pandemic has had a devastating impact.  Businesses have had to adjust rapidly to a new world, filled with significant healthy and safety risks, along with business survival and continuity issues.  Companies have reacted with crisis management strategies.  As part of this response, companies have to implement a new risk profile and allocate resources accordingly. In this episode, Michael Volkov reviews the new risk...

In a Unanimous Decision, the Supreme Court Reverses New Jersey Bridgegate Convictions

The Supreme Court continued its clear commitment to trimming aggressive criminal prosecutions in high-profile cases by issuing a unanimous decision reversing the criminal convictions of two Bridgegate convictions in the New Jersey prosecutions of then-Governor Chris Christie’s Administration. The case grew out of former Governor Chris Christie’s 2013 re-election campaign.  Bridget Kelly, Christie’s Deputy Chief of Staff, and William Baroni, the Deputy Executive Director of...

Cancer Treatment Center Agrees to DPA and $100 Million Penalty for Criminal Antitrust Violations in Florida Market

The Justice Department’s Antitrust Division recently announced a $100 million settlement with Florida Cancer Specialists & Research Institute (“FCS”) for an illegal conspiracy to allocate cancer patients in Southwest Florida.  FCS conspired with various competitors to allocate medical and radiation oncology treatments. The $100 million criminal penalty is the statutory maximum under Section 1 of the Sherman Act. FCS also reached a settlement with Florida...

Despite Pandemic, OFAC Settles with Animal Nutrition Company for $257k for Violations of Cuban Sanctions Program

OFAC announced a $257k settlement with Biomin America, Inc. (“Biomin”), an animal nutrition company based in Overland, Kansas, to settle violations of the Cuban Sanctions Program. OFAC recently issued guidance suggesting that organizations may re-allocate or reduce sanctions compliance operations based on the impact of the pandemic on an organization’s business activities.  Notwithstanding this guidance, OFAC announced this enforcement action, the first in several months,...