Author: Michael Volkov

The Key to the UK Bribery Act – Prosecutorial Discretion

The Key to the UK Bribery Act – Prosecutorial Discretion

 Richard Alderman The legal marketing hysteria surrounding the UK Bribery Act is entertaining and surreal. Article after article, pitch after pitch focuses on the new D-Day: July 1, the effective date for the UK Bribery Act. Lawyers and commentators are trying to scare global companies into acting quickly to design and implement new compliance policies, or face the wrath of prosecutorial zeal. These claims...

The Critical Compliance Question: What is the Employee’s Intent?

The Critical Compliance Question: What is the Employee’s Intent?

One area where compliance officers and practitioners need to focus is on the requisite intent for a criminal violation. For compliance officers facing difficult policy choices on FCPA compliance policies, the touchstone of such policies should be the employee’s intent — was it criminal, negligent or benign?  It is one thing to have a policy which requires prior approval for any gift to a foreign...

World Compliance FCPA Tour In Washington, D.C. May 12, 2011

World Compliance FCPA Tour In Washington, D.C. May 12, 2011

The World Compliance FCPA Tour lands in our Nation’s Capitol on May 12, 2011, at the Grand Hyatt in Washington, D.C. Join me, Dick Cassin, owner of the FCPA Blog, and Ryan Morgan, World Compliance’s FCPA Specialist for an informative presentation and discussion on FCPA, UK Anti-Bribery and Compliance issues. The event is FREE and information is HERE.

World Compliance FCPA Tour In Washington, D.C. May 12, 2011

World Compliance FCPA Tour In Washington, D.C. May 12, 2011

The World Compliance FCPA Tour lands in our Nation’s Capitol on May 12, 2011, at the Grand Hyatt in Washington, D.C. Join me, Dick Cassin, owner of the FCPA Blog, and Ryan Morgan, World Compliance’s FCPA Specialist for an informative presentation and discussion on FCPA, UK Anti-Bribery and Compliance issues. The event is FREE and information is HERE.

Targeting The Gate Keepers: Criminal Prosecution of In-House Counsel

Targeting The Gate Keepers: Criminal Prosecution of In-House Counsel

The criminal trial of Lauren Stevens, Glaxo’s vice president and in-house counsel, begins tomorrow. There is a lot at stake besides the liberty of Lauren Stevens. The government claims that Stevens made false statements and obstructed justice in responding to the FDA’s informal inquiry letter in an off-label marketing investigation. Stevens claims she merely repeated information given to her by in-house and outside counsel, and...

Targeting The Gate Keepers: Criminal Prosecution of In-House Counsel

Targeting The Gate Keepers: Criminal Prosecution of In-House Counsel

The criminal trial of Lauren Stevens, Glaxo’s vice president and in-house counsel, begins tomorrow. There is a lot at stake besides the liberty of Lauren Stevens. The government claims that Stevens made false statements and obstructed justice in responding to the FDA’s informal inquiry letter in an off-label marketing investigation. Stevens claims she merely repeated information given to her by in-house and outside counsel, and...

Compliance Rules for Rules Sakes?

Compliance Rules for Rules Sakes?

In response to the aggressive enforcement environment, companies have been revising policies for travel, gifts, entertainment, and hospitality. As they do so, it is important for each company to consider these questions – What is the precise risk which is being addressed? How will the policy minimize the risk of bribery? How will internal accounting controls incorporate these policies? Companies know that the risks of...

Practical Business Solutions for Companies Operating in India

Practical Business Solutions for Companies Operating in India

The Obama Administration has forged a stronger economic relationship with India. For good reason – India’s economy is expected to grow by 8 percent in 2011. India’s GDP is only one-fourth the size of China’s GDP. Over the next forty years, India’s economy is expected to grow at a faster rate than China’s economy. Corruption in India is rampant. According to Transparency International, India ranks...

Chinese Companies and Accounting Fraud: Lawsuits on the Rise

Chinese Companies and Accounting Fraud: Lawsuits on the Rise

The number of securities class action lawsuits against Chinese companies is increasing. The reason – serious allegation of accounting fraud. In early April 2011, four major lawsuits were filed against China Electric Motor, Inc.; Advanced Battery Technologies, Inc., China Intelligent Lighting and Electronics, Inc.; and China Century Dragon Media. The allegations against these companies relate to accounting misstatements and misrepresentations, failure to report and disclose...

Chinese Companies and Accounting Fraud: Lawsuits on the Rise

Chinese Companies and Accounting Fraud: Lawsuits on the Rise

The number of securities class action lawsuits against Chinese companies is increasing. The reason – serious allegation of accounting fraud. In early April 2011, four major lawsuits were filed against China Electric Motor, Inc.; Advanced Battery Technologies, Inc., China Intelligent Lighting and Electronics, Inc.; and China Century Dragon Media. The allegations against these companies relate to accounting misstatements and misrepresentations, failure to report and disclose...