The Justice Department’s continuing lack of individual criminal prosecutions in the FCPA arena continues to raise serious questions. DOJ’s issuance of the Yates memorandum was seen as a new and important reiteration of DOJ’s commitment to individual prosecutions. In several significant areas, healthcare and antitrust, individual prosecutions have continued at a significant rate. One could argue that such prosecutions were already occurring in these areas...

Companies that experience a Justice Department criminal investigation undergo a long and painful process. DOJ prosecutors hold the cards when reviewing the facts and deciding whether to indict a company. The United States Attorneys’ Manual (“USAM”) is a comprehensive collection of DOJ policies regarding civil and criminal enforcement issues. The USAM includes specific policies concerning corporate prosecution guidelines.  Specifically, whether to criminally charge a corporation...

When you look outside the FCPA arena and examine DOJ criminal prosecutions in healthcare, antitrust, tax, fraud, and other white-collar areas, there is no shortage of cases against individual violators. I am perplexed, to say the least, why DOJ cannot aggressively prosecute individuals for FCPA crimes in the same manner that prosecutors bring cases against doctors, executives and other individuals for a variety of criminal...

In the immortal words of Goethe, “To have seen Italy without having seen Sicily is not to have seen Italy at all, for Sicily is the clue to everything.” In my experience, I would add to have experienced Sicily is to understand one’s own heart and soul. On this Fourth of July holiday, it is helpful to focus on gratitude and thankfulness. In these turbulent...

“Those who cannot change their minds cannot change anything.” ― George Bernard Shaw With a new administration at the Department of Justice, practitioners and commentators are looking for signs of change. Given the current politics of the new administration, the Justice Department will undergo changes in civil rights, antitrust, and criminal enforcement. These “new” or return to old policy announcements were not surprising since they went hand-in-hand...

Chief compliance officers spend a significant amount of time comparing their compliance programs with other companies’ programs. CCOs often find solace when benchmarking their respective programs against other companies’ programs. I often refer to “benchmarking” as a process designed to reduce anxiety. CCOs need feedback on their efforts. CCOs want to know where they stand and develop priorities for initiatives. So where should CCOs turn?...

Honesty is the best policy – when there is money in it. – Mark Twain Compliance professionals encounter a diverse range of corporate personalities in their work. To be sure, compliance officers have to rely on their abilities to analyze, lead, persuade, understand and motivate different functions in a company to contribute to the company’s ethics and compliance function. In doing so, compliance officers have...

I recently wrote an article for Corporate Compliance Insights, “Top 5 Mistakes Chief Compliance Officers Make (And How to Avoid Them).  Here is a link to the article. Thank you to Corporate Compliance Insights for its support!!

Tom Fox and I recorded a recent discussion on blockchain technology and compliance.  Here is a link to the recording. Tom and I share the belief that blockchain technology could have a significant impact on compliance strategies.