Category: General

Fourth Circuit Overturns Federal Prosecutors’ Use of Filter Team to Conduct Search of Law Firm Documents

The Fourth Circuit joined the fast-growing club of federal courts objecting to federal prosecutors and agents reliance on so-called “filter-team” procedures to review documents seized from a law firm that may contain privileged attorney-client and work product information.  The Court’s decision is here. Over the last twenty years, federal prosecutors and agents have relied on filter team procedures to review documents and other materials that...

The Dangerous Mix of Incentives and “Misconduct”

We often hear about the dangerous risk to a company’s culture from rigorous sales incentive programs.  Like most issues, the answer to this issue is not cut and dried. On the one hand, we have a glaring example of failure – the Wells Fargo case.  Financial sales staff were subjected to an incredible sales program – for each client, a sales employee was required to...

Rebalancing Third-Party Risk Strategies

As companies move forward on third-party risk management programs, and as automated third-party risk solutions are being implemented, compliance professionals have to re-examine and re-balance the allocation of resources and time among three separate functions: (1) onboarding due diligence; (2) monitoring third-party conduct; and (3) review and audit of third-parties.  Over the last ten years, companies have focused on initial due diligence and onboarding procedures,...

The “Old” Board Governance Model Needs to Change

Corporate boards are under increasing attack by investors, shareholders and the public.  In the aftermath of corporate legal train wrecks, such as the Wells Fargo, Volkswagen Emissions, General Motors, J.P. Morgan 1MDB Malaysia, and increased demand for sustainability, ESG and other shareholder public policy objectives, corporate board members have a significant target on their respective backs. Corporate governance is at a critical juncture.  The old-line,...

NAVEX Global Webinar: Third-Party Risk Management & Effective Controls

February 18, 2020 1 PM EST/10 AM PST Sign Up HERE A comprehensive third party risk management program integrates with ethics and compliance activities across the enterprise to provide an accurate and actionable view of risk exposure. Implementing a holistic approach to due diligence extends beyond third party screening and monitoring.  Effective risk management programs integrate with risk profiles across the organization, breaking down silos...

Keeping Your Eye on the Risk Ball

Compliance officers face almost an infinite number of risks – not to be trite, but CCOs can drive themselves crazy identifying every plausible legal and compliance risk a company faces.  I am exaggerating a little bit to make a point. Perhaps the most overused phrase in compliance is – companies should not implement a one-size-fits-all compliance program.  Add this to the long list of profound...

Airbus Systemic Bribery and Export Violations: Understanding How a Company’s Compliance Program and Culture Failed (Part IV of IV)

When reviewing a major enforcement case, I always ask two basic questions: What was the role of Board and senior management in the failure, and how did they fail to exercise proper oversight and ensure compliance? What was the company’s culture and what steps did the Board and senior management take to implement and monitor an effective ethical culture? After reading the Airbus’ factual proffer,...

Airbus ITAR Settlement: Review of Airbus ITAR Violations (Part III of IV)

The Justice Department has brought only a few enforcement actions that focus on FCPA and export control violations.  Last year, Quad Graphics earned a declination for FCPA and OFAC violations.  In 2013, Weatherford settled FCPA and export control violations for $252.6 million.  In a major case in 2011, BAE Systems paid $400 million for making a false statement arising for underlying conduct of bribery and...

Airbus FCPA Settlement: Review of Airbus Bribery Scheme (Part II of IV)

Almost every FCPA enforcement action contains important lessons learned in unraveling a bribery scheme.  Airbus has three broad divisions: (1) Commercial Division; (2) Defense & Space Division; and (3) Helicopters Division. The bribery scheme involved China, three Chinese government entities (GE-1, GE-2, and GE-3), and three consultants: Consultant 1, an agent who received payments from Airbus during 2013 to 2015 that were intended for bribes...