2019 was a big year for ethics and compliance. In fact, it is easy to argue that since the adoption of the compliance provisions in the US Sentencing Guidelines in 1991, compliance had its biggest year. The federal government issued three important documents in 2019 – DOJ issued the Evaluation of Corporate Compliance Programs from the Criminal Division (here) and from the Antitrust Division (here),...
Corporate leaders often talk to the talk when it comes to a Speak Up culture. In theory, many business leaders can articulate their commitment to a Speak Up culture by emphasizing the importance of employees raising concerns. It all sounds great and is usually reflected on paper in the form of positive statements in the code of conduct and other communications. All too often, however,...
It is time to break out the crystal ball for FCPA 2020 Predictions. In preparing for this, I always rely on my past admiration of Carnac the Magnificent (see here and here for a couple of examples). There are some trends that are becoming more reliable to “predict” or just observe. DOJ is steadily adhering to the principles outlined in its FCPA Corporate Enforcement Policy. ...
In a record year, there are bound to be numerous interesting enforcement actions and principles. I picked out a few to highlight. It is surprising to say the least that DOJ continues to return large enforcement actions against a number of global companies. You would think after the last ten years of aggressive enforcement companies would refrain from bribery schemes or dedicate resources to cleaning...
Happy New Year!! In the FCPA arena, 2019 was a record year – in enforcement and compliance. Many continuing trends are becoming more than trends – meaning they are turning into established practices. Enforcement First, let’s start with the numbers. DOJ settled 7 enforcement actions and issued declinations in two cases. The seven cases involved MTS Telesystems, Fresenius, Walmart, Technip/FMC, Microsoft, Samsung and Ericsson. The...
The Volkov Law Group is pleased to announce that Elizabeth (“Liz”) Slim has joined the firm as a Senior Consultant. Liz can be reached at [email protected]. Liz has been a Certified Anti-Money Laundering Specialist (“CAMS”) for 15 years; she has over thirty-five (35) years specializing in bank operations, compliance, risk management and regulatory training at various community to mid-size financial institutions. For the last fifteen...
To all of our clients, readers, subscribers, listeners, from everyone at The Volkov Law Group wishes you Happy Holidays and a Happy New Year!! We will resume our blog, podcasts and webinars with the new year — on January 2, 2020. Best wishes to all — Mike, Jessica, Matt, and Noah.
The Treasury Department’s Office of Foreign Asset Control (“OFAC”) continues to rack up settlements. Two travel insurance companies recently settled OFAC enforcement actions for violations of the Cuban Embargo. Allianz Global Risks Allianz Global Risks US Insurance Company (“AGR US”) is the US subsidiary of the German financial company. AGR US operates AGR Canada as a branch office in Toronto, Canada. AGR US agreed to...
Jessica Sanderson, Of Counsel at The Volkov Law Group, rejoins us for a posting on gift-giving, the holiday season and compliance messaging. Jessica can be reached at [email protected]. As the holidays quickly approach, consider sending a message from the Board or senior management reminding employees about your gift and hospitality policy. DOJ Guidance highlights tailored communications as a “hallmark” of any well-designed compliance program, and...
Global companies are paying greater attention to criminal antitrust risks – and with good reason. We often dwell on the impact to a company of a major FCPA investigation. A global criminal antitrust investigation often in destabilizing given the mature global enforcement environment. Cartel members often have to respond to multiple jurisdictions to resolve their potential liability. In early December 2019, after a four-week trial,...
