Sometimes risk analysis can result in paralysis. Finding your risk tolerance and applying it to specific situations requires a nuanced approach. I am always wary of anyone who tells me categorical rules – e.g. we do not do business in Russia because it is too risky. In this era of oversimplification, such statements border on intellectual dishonesty. A careful approach to risk analysis always involves...
All generalizations are false, including this one — Mark Twain Proving intent is a difficult task. White collar crimes turn on the issue of intent – what was in the offender’s mind. With most things in life, people have mixed motivations. On occasion, however, it is very clear to understand an actor’s intent. Prosecutors cull through evidence looking for indications, signs of motivation, and ultimately...
Volkov Law TV offers a subscription-based webinar service that allows you to watch over 50 recorded webinars on a variety of compliance and enforcement topics, including FCPA, Antitrust, False Claims Act, Sanctions, Risk Assessments, Internal investigations, Interviewing Techniques and a host of other important subjects. As an example, I recently conducted a webinar, Compliance Pointers from Recent FCPA Enforcement Actions. If you want to watch...
I attended the SCCE’s recent Utilities and Energy Compliance conference in Houston. It is always a great meeting with terrific speakers and content. I was fortunate to attend a session, Taking the Pulse of Corporate Culture, presented by Amy Lilly from CenterPoint Energy and Steve Helm from NAVEX Global. A copy of the slides is here. Their presentation focused on how to build tools to...
Forgive me for taking a step back to address an important challenge in creating a culture of compliance. I know this may sound obvious but in today’s “toxic” political environment it is important to point out some factors that may be beyond the influence of a corporate culture, its leadership and its compliance team. I have consistently ignored commenting on political issues and will continue...
FCPA enforcement actions run the gamut of fact patterns and structured resolutions. We are in the midst of a transformation in the overall settlement environment with an expected increase in individual prosecutions. On the one side, we have a tough and comprehensive DOJ and SEC settlement against VimpelCom. The conduct within VimpelCom was pervasive and occurred at every level of the company, including the board....
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My colleague and good friend, Tom Fox, has released a new book: Effective Leadership Skills in Compliance — CCO 3.0 and Beyond. Tom is a leader in the compliance field and offers compliance practitioners and other professionals important insights on anti-corruption compliance and corporate governance issues. Tom’s latest book is another important contribution to the compliance field. Again, Tom is able to address important trends...
When commentators criticize the FCPA for its broad coverage of international business operations, these same commentators would have real trouble with the US Anti-Kickback statute. Talk about broad coverage and then complicate it with specific exemptions that are challenging to interpret and apply. When it comes to fraud enforcement in the healthcare industry, the Justice Department wields a mighty stick – the False Claims Act....
