Author: Michael Volkov

Episode 13 — Top 10 Rules for Conducting Internal investigation Interviews

To implement an effective ethics and compliance program, global companies have to establish an effective internal investigation program.  Whether conducting a critical or routine investigation, investigators have to be able to conduct interviews in a fair and effective manner.  The success of an internal investigation often depends on the interviews of subjects and witnesses. In this podcast, Michael Volkov reviews his top 10 rules for...

New Episode — Everything Compliance: The Regulatory (Or Not) Edition

Tom Fox, the Compliance Evangelist and Guru, has posted a new episode of Everything Compliance, a roundtable discussion led by Tom and including Matt Kelly, Jonathan Armstrong, Jay Rosen, and myself. During this episode, we discuss Deputy Attorney General Rod Rosenstein, the Paradise Papers, corporate monitors, and the AT&T-Time Warner merger. Here is a link to the episode. Thanks to Tom, Matt, Jonathan, and Jay!

Incorporating AML Compliance Into a Compliance Program (Part III of III)

Global companies should implement an AML program and KYC practices that follow the general outline for best practices, though it does not need to be as rigorous as a financial institution.  For most companies, AML risks can be addressed in existing policies and procedures and would not require extensive additions to a compliance program. However, a company has to document its risk assessment, mitigation strategies...

Addressing AML Risks in Your Third-Party and Vendor/Supplier Relationships (Part II of III)

Global companies should incorporate AML risks into their risk analysis of their third-party distributors, agents and other intermediaries. The basic questionnaire, due diligence risk analysis, contractual provisions, training, and partner code of conduct should reflect attention to this risk. To the extent that global companies rely on a network of third-party distributors and sub-distributors, global companies should include contractual provisions to flow-down policies and requirements...

Anti-Money Laundering Risks for Global Companies (Part I of III)

Non-financial institution companies operating in the global marketplace face ever-increasing risks of money laundering. Sophisticated criminal organizations have developed their own mechanisms and strategies to skirt money laundering rules and regulations. The Justice Department has targeted transnational organized crime for investigation and prosecution. As a consequence, non-financial institutions have to examine their policies and procedures to protect against handling proceeds of criminal activity or otherwise...

DOJ Continues Run on Individual FCPA Criminal Prosecutions

The Department of Justice announced criminal FCPA charges against two individuals in connection with bribery payments to foreign officials in Chad and Uganda. The Justice Department’s announcement occurred on the heels of unsealing criminal FCPA charges against 7 individuals arising from two separate investigations or enforcement actions. The FCPA Unit’s recent actions underscore that the Yates Memorandum appears to have had an impact on the...

Episode 12 — OFAC Screening and Sanctions Compliance

Global companies face ever-increasing risks with sanctions screening and compliance.  The US Treasury Department’s Office of Foreign Asset Control (“OFAC”) has aggressively enforced complex sanctions regulations against global companies, including banks, manufacturing, oil service and technology companies.  In this aggressive enforcement era, companies have to implement robust screening and compliance controls to identify sanctioned entities and individuals among their business partners and customers. In this...

Webinar Reminder — Global Antitrust Enforcement Risks and Compliance

Wednesday, November 29, 2017 12 noon EST Sign Up Here Global antitrust enforcement programs create significant risks for global companies. In the United States, criminal antitrust risks are significant for companies and individual officers and managers. Global companies can suffer fines, reputational damage and related collateral litigation. Compounding these risks is the mature international antitrust enforcement programs that increase financial and reputational risks. Global antitrust...

Third Party Risk Management: Require ISO 37001 Certification from Your Third Parties

Lauren Connell, Managing Associate at The Volkov Law Group, rejoins us for a posting about ISO 37001 certification for your third parties.  Lauren can be reached at lconnell@volkovlaw.com. A lot of the focus on ISO 37001 so far has been on its value for companies considering certification as evidence of the quality of their own compliance program. With the SEC and DOJ both providing ample...

Internal Investigations: Protecting the Attorney- Client Privilege

I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons, especially the attorney-client privilege. In the context of corporate internal investigations, the attorney-client privilege is an essential tool when conducting internal investigations involving serious issues. I am...