Author: Michael Volkov

A Letter from Sicily

A Letter from Sicily

Even bloggers need a break once in a while.  My wife and I are in Sicily in her native city of Marsala.  Turquoise waters, delicious cuisines and magnificent sites. Of course, we have visited her 100+ relatives and are attending a beautiful wedding tomorrow. The Italian economy has been hit hard by the war in Libya, reducing trade and international access to markets.  Unfortunately, the media does not cover...

The State of Compliance: A Fresh Look

The State of Compliance: A Fresh Look

One of the most popular blog entries I have written in my young blogging career was about the future of Chief Compliance Officers which was entitled “Chief Compliance Officers: The Evolving Picture.”  (A link is HERE.) I received a number of comments about the entry and I wanted to take a fresh look at some of the issues. I am continuing to work with companies dedicated...

The Voluntary Disclosure Process and the Lack of Transparency

The Voluntary Disclosure Process and the Lack of Transparency

 DOJ’s Voluntary Disclosure Process  For those who are tired of hearing me complain about the Justice Department’s voluntary disclosure process and the FCPA, I can understand if you want to change the TV channel and watch Tom Fox or Dick Cassin or Professor Koehler. With all of the complaints circling DOJ and its enforcement of the FCPA, one of my pet peeves continues...

FCPA Trial Tactics — Part 2

FCPA Trial Tactics — Part 2

I wanted to return to the FCPA criminal trial and address more trial tactics.  Let’s start with jury selection.  There is no doubt that the government has been successful in FCPA criminal trials, although frequently the charges are brought with other criminal charges, thereby increasing the chance for victory on some counts, which is all that really matters. As a former federal prosecutor in the...

An "Adequate Procedures" Defense: Just How Adequate a Defense?

An "Adequate Procedures" Defense: Just How Adequate a Defense?

The recent House Judiciary hearing on FCPA oversight focused on a proposal to enact an “adequate procedures” defense for corporate liability under the FCPA. How such a defense would work reminds me of the old adage – “the devil is in the details.” Many commentators have pointed to the UK Bribery Act defense of “adequate procedures” and the guidance that has followed. The Ministry of...

SEC Warning: The Danger of Lying and Obstruction of Justice

SEC Warning: The Danger of Lying and Obstruction of Justice

If you tell the truth you don’t have to remember anything. ~Mark Twain It is a crime to lie under oath. Government regulators are acutely aware of the increase in lying, false statements, and obstructionist conduct by witnesses, subjects of investigations and attorneys who represent them. In a recent speech, Robert Khuzami (copy here)— the SEC’s Director of Enforcement, outlined what he called an “epidemic...

SEC Warning: The Danger of Lying and Obstruction of Justice

SEC Warning: The Danger of Lying and Obstruction of Justice

If you tell the truth you don’t have to remember anything. ~Mark Twain It is a crime to lie under oath. Government regulators are acutely aware of the increase in lying, false statements, and obstructionist conduct by witnesses, subjects of investigations and attorneys who represent them. In a recent speech, Robert Khuzami (copy here)— the SEC’s Director of Enforcement, outlined what he called an “epidemic...

FCPA Trial Tactics — Part 1

FCPA Trial Tactics — Part 1

While there has been a lot written about recent FCPA trials — Lindsey Manufacturing and the ongoing DC federal court Shot Show sting prosecution — I think it is important to examine trial tactics and strategy for defending against an FCPA criminal prosecution.  I will outline some tactical approaches in a few posts.  My post today is focused on defending an individual.  The approach for...

Due Diligence Nuts and Bolts

Due Diligence Nuts and Bolts

As promised, I wanted to address some of the nuts and bolts of a due diligence review of a third party agent.  The focus of this due diligence inquiry is “reasonable inquiries” to identify potential risks of bribery by a third party.  Of course, the specific aspects of the inquiry will change depending on the particular facts surrounding the third party, the presence of red...