Category: General

Steele Announces New “Risk Intelligence Data” Platform

Last week, Steele Compliance Solutions announced the global rollout of its new “Risk Intelligence Data” platform. As a global leader in ethics and compliance data management technologies, Steele makes a patented addition to the compliance technology landscape that is well-positioned to continue raising the bar for data processing and automation of third-party relationships. One downfall of many traditional compliance databases is that they risk being...

While Navigating Middle Ground, Supreme Court Upholds Congressional Subpoena for President Trump’s Financial Records (Part II of II)

In a companion case to Trump v. Vance, which I discussed in Part I, the Supreme Court, in Trump v. Mazars, rejected Trump and DOJ’s challenges to enforcement of congressional subpoenas for Trump’s financial records.  Again, Chief Justice Roberts, writing for the Court, in a 7-2 vote, upheld the subpoenas but ordered the lower court to apply a comprehensive four-part test to the proposed subpoenas....

In Decisive Ruling, Supreme Court Rejects Trump Administration Challenges to State Criminal Grand Jury Subpoena (Part I of II)

In a decisive ruling, in Trump v. Vance, the Supreme Court rejected President Trump’s challenges to a New York State grand jury subpoena.  In a 7-2 vote, The Supreme Court rejected the Trump Administration challenges.  In a separate case, Trump v. Mazars, which will be analyzed in Part II tomorrow, the Supreme Court rejected challenges by a vote of 7 to 2 to Congress’ subpoena...

DOJ Charges Two Sons of Former Panama President Martinelli with Participation in Odebrecht Bribery Scheme in Panama

DOJ announced the arrest of two individuals, Luis Martinelli Linares and Ricardo Martinelli Linares, who are the sons of the former President of Panama, Ricardo Martinelli) for their role in funneling $28 million in bribes to a former Panamanian government official as part of the Odebrecht bribery case.  Luis and Ricardo were arrested  while attempting to board a private airplane at an airport in Guatemala...

Revised FCPA Guidance: Effective Compliance Program and Internal Controls (Part V of V)

The initial FCPA Guidance included valuable compliance program guidance keyed to the heading, “Hallmarks of an Effective Compliance Program.”  Issued in 2012, the outline of an effective compliance program was an important statement of policy. The Revised FCPA Guidance includes additional information, some of which reflect recent changes made to the Evaluation of Corporate Compliance Programs.  The Revised FCPA Guidance includes important statements on internal...

The Volkov Law Group Announces Promotions of Jessica Sanderson, Matt Stankiewicz and Noah Smith

The Volkov Law Group is pleased to announce promotions of: (i) Jessica Sanderson to Partner; (ii) Matt Stankiewicz to Managing Counsel; and (iii) Noah Smith to Senior Associate. Jessica, Matt and Noah each have distinguished themselves as terrific attorneys, who are committed to integrity and providing clients with high-quality service.   Jessica Sanderson Jessica joined the firm in January 2019.  She is a veteran and...

Revised FCPA Guidance: Legal Issues and Clarifications (Part IV of V)

FCPA practitioners often debate whether the FCPA is “clear” or “ambiguous.”  Like all important issues in life (assuming this is important), the answer really depends on the specific language.  Congress’ ability to write clear and concise statutes varies across the lot, and the FCPA includes provisions that are clear and some that, depending on the situation, may not be.  The Revised FCPA Guidance addresses a...

Revised FCPA Guidance: Updated DOJ Policies (Part III of V)

The Justice Department has continued at a steady rate to tweak relevant policies applicable to FCPA enforcement.  The Revised FCPA Guidance has incorporated these policies. FCPA Corporate Enforcement Policy and Declinations (pp. 51-54) The FCPA Corporate Enforcement Policy is quickly becoming “a well-established” framework.  DOJ has expanded it to cover all corporate criminal resolutions except for criminal antitrust violations. The FCPA Corporate Enforcement Policy (“CEP”)...

Revised FCPA Guidance: New Case Updates (Part II of V)

Over the last eight years, FCPA litigation has increased.  Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC.  Individuals, on the other hand, have clear incentives to challenge DOJ’s FCPA interpretations, where appropriate, and they have done so. The Revised FCPA Guidance incorporates these new cases throughout the text and its numerous footnotes.  The major additions include:...

DOJ and SEC Issue Revised FCPA Guidance (Part I of V)

In the dead of night, July 2, 2020, DOJ and the SEC issued the Second Edition of its FCPA Guidance (Here).  A comparison of the First and Second Editions was released by Dick Cassin at The FCPA Blog, and is set forth here. Given the importance of the revised FCPA Guidance, we have scheduled a webinar for Tuesday, July 14, 2020 at 12 noon EST. ...