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Sometimes it takes a large enforcement action to underscore basic and important anti-corruption compliance principles.  The Société Générale enforcement action demonstrated two important principles – the dangers of a weak corporate culture and the need to apply basic third-party risk management practices to respond to and resolve red flags when they occur. Absence of Culture of Ethics: Société Générale’s culture, as described in the Statement...

Société Générale and Legg Mason carried out a massive bribery scheme to pay Gaddafi-era government officials in Libya in exchange for large investments by Libya government funds.  In total, Société Générale and Legg Mason paid over $90 million in bribes in exchange for over $3.6 billion in investments and profits of over $500 million. The Bribery Scheme In a lengthy factual statement, the government, Société...

In a one-two punch of FCPA enforcement actions, the Justice Department announced two related FCPA settlements involving Société Générale and Legg Mason for Gaddafi-era bribery payments to Libyan officials. In the first settlement announced, Société Générale agreed to pay a total of $860 million in criminal penalties, $585 million for FCPA violations and $275 million in a separate investigation for manipulation of London InterBank Offered...

There are an infinite number of ways that corporations can end up violating the law resulting in a government enforcement action.  There is no way to define the nature and extent of all of these possibilities. But one thing for sure is that when a company’s leadership is not committed to compliance, falsely believes that its compliance program is effective, or simply ignores information suggesting...

We need to start giving compliance a better foundation of basic knowledge, strategies and practical approaches. The compliance profession can adopt common solutions to problems for different companies.  The fact that companies have their own distinct risk profiles and operations does not mean that they have to rely on distinct compliance solutions.  No two companies are alike – that does not mean that the same...

We often hear the compliance refrain on the importance of tone-at-the-top – meaning when the board, the CEO and senior executives demonstrate by communications and by conduct their commitment to a culture of ethics and compliance. This single idea carries with it enormous importance to the success or failure of a compliance program.  A positive tone-at-the-top permeates every aspect of a compliance program and specifically...

The Justice Department added to its roster of criminal FCPA defendants.  Going back to 2017, it is clear that the Yates Memorandum requirements have resulted in an increase in criminal FCPA prosecutions. Last week, the Justice Department unsealed a superseding indictment adding two individuals to the Rolls Royce criminal FCPA case in Ohio.  The criminal investigation centers on bribes to a Kazakh official to win...

The compliance profession cannot rest on its achievements and become complacent.  There are two significant events that are on the horizon and inevitably will occur. Compliance professionals have grown in number and in influence.  At the same time, compliance professionals are enjoying unprecedented independence and authority.  As the compliance profession rises, however, so will accountability – fair or unfair, it is soon about to hit....

A chief compliance officer can only succeed with the support of other important compliance partners.  Another way to put it – in the words of Blanche Dubois from A Streetcar Named Desire, “I have always depended on the kindness of strangers.”  This observation, while dramatic in license, applies to the place of the compliance officer in the corporate governance world. A key partner for compliance...