Category: General

24 Jun, 2019

Walmart’s Recipe for Corruption Disaster: Rapid International Growth without a Compliance Program Foundation (Part II of III)

The Walmart case, from a big picture standpoint, represents a serious warning to all global companies committed to rapid international growth. In the absence of a significant and sustained commitment to compliance, rapid international growth is bound to end up in a compliance breakdown, thereby threatening the ultimate success of any international business strategy. Walmart is Exhibit A in the explanation of how a successful...

General

23 Jun, 2019

Thank You, Thank You: DOJ and SEC Resolve Walmart FCPA Enforcement Action (Part I of III)

Our long national nightmare is over – President Gerald Ford, August 9, 1974 So, $900 million and roughly 8 years later, DOJ and the SEC announced the end of the Walmart FCPA enforcement action. (DOJ Here and SEC Here). The Walmart scandal, which was first reported in the New York Times, was a watershed moment in anti-corruption enforcement. It marked a real turning point in...

General

20 Jun, 2019

Compliance Program Evolution and Proactive Strategies (Part III of III)

Sometimes what folks label a “new idea” is not so much of a new idea as the application of an old solution to a new discipline. I do not mean to be cryptic, but I am going to explain my point by referring to an area where I have had lots of experience – criminal law enforcement. In the wake of the terrible tragedy of...

General

20 Jun, 2019

The New Compliance Test: Do CCOs Have Senior Management Support and Resources to Innovate? (Part II of III)

This may be another in my series of profound grasps of the obvious – the compliance profession, research, technology and innovation are rapidly improving. We all hear about innovative compliance approaches, new use of data analytics, application of behavioral sciences in program design and incentives, and sophisticated measurement programs. As compliance tools become more affordable (e.g. blockchain), CCOs will have access to new technologies and...

General

18 Jun, 2019

Watching the River Flow: The Evolution and Future of Compliance (Part I of III)

People disagreeing on all just about everything, yeah Makes you stop and all wonder why Why only yesterday I saw somebody on the street Who just couldn’t help but cry Oh, this ol’ river keeps on rollin’, though No matter what gets in the way and which way the wind does blow And as long as it does I’ll just sit here And watch the...

General

17 Jun, 2019

Ethics and Culture Lessons from the NBA Finals

Matt Stankiewicz, Senior Counsel at The Volkov Law Group, rejoins us for a posting on compliance lessons from the NBA Finals. Matt can be reached at [email protected]. As a huge sports fan and compliance practitioner, I can’t seem to divorce the two when I’m watching a sporting event, for better or for worse. So while watching the National Basketball Association (“NBA”) Finals, one major event...

General

16 Jun, 2019

U.S. Entities Engaged in M&A Transactions Beware; OFAC Highlights the “Unique Sanctions Risks” Posed by Foreign Acquisitions

Jessica Sanderson, Of Counsel at the Volkov Law Group, rejoins us for a posting on OFAC’s recent enforcement actions involving Expedia and other cases involving acquisitions of foreign-owned companies. Jessica can be reached at [email protected]. On June 13, 2019, OFAC announced a settlement with Expedia Group, Inc. for violations of the Cuban Assets Control Regulations (“CACR”). (Available here). Expedia’s foreign subsidiaries assisted more than 2,200...

General

13 Jun, 2019

Operationalizing Your Compliance Program: Local Compliance Officers and Businesses

The Justice Potter Stewart phrase, “You know it when you see it,” applies to life issues and even compliance. Global companies struggle with program design, allocation of resources (e.g. human resources and money/assets), and program operation. We all hear (and repeat ourselves) “no-one-size-fits-all” when addressing specific recommendations on how to design and implement a global ethics compliance program. But that does not mean that certain...

General

12 Jun, 2019

OFAC Fines US Company for Iran Sanctions Violations

There is no question that OFAC continues to dominate the enforcement landscape this year. OFAC has provided plenty of warning and notice to global companies, especially those in the manufacturing and industrial sectors. OFAC has exercised its prosecutorial discretion to underscore the risks global companies face in their distribution channel, i.e. use of third party distributors, and in its supply chain. These twin risk areas...

General

12 Jun, 2019

Commerce Department Blocks Export Licenses to Huawei Technologies Co., Ltd.

In a controversial decision, on May 15, 2019, the US Commerce Department announced the addition of Huawei Technologies Co., Ltd. (“Huawei”) and 68 affiliates to its Entity List. As a result, export licenses for Huawei are subject to a presumption of denial. The Commerce Department cited a number of reasons for its decision, including alleged violations of the International Emergency Economic Powers Act (IEEPA), conspiracy...