NAVEX dominates the hotline market.  Given its global footprint, NAVEX has access to a large database of employee reports.  Building on this unique perspective, NAVEX provides an annual report analyzing the employee reporting data and identifying important trends. On June 3, 2025, NAVEX released its 2025 Regional Whistleblowing & Incident Management Benchmark Report.  NAVEX analyzed 2.15 million reports — the highest level ever.  Its 2024 report...

The ethics and compliance field has been tested during the transition to the Trump Administration.  Some have held on to the mantra — No Change — to respond to the changes in the role of the federal government, enforcement priorities and expectations. Let me offer a little more nuanced response to the current situation.  I agree that a company cannot respond to changes in enforcement...

The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced on July 15, 2025, that Interactive Brokers LLC (“IB”)—a globally active electronic brokerage firm headquartered in Greenwich, Connecticut—agreed to remit $11,832,136 to resolve its potential civil liability for a staggering 12,367 apparent violations of multiple U.S. sanctions programs. The violations, which spanned from approximately July 15, 2016 through January 31, 2024, implicated...

DOJ’s ability to bring False Claims Act actions against companies for customs fraud was affirmed in a significant Ninth Circuit decision, United States ex rel. Island Industries Inc. v. Sigma Corp., No. 22‑55063, __ F.4th __ (9th Cir. June 23, 2025).  The decision clears the way for DOJ to pursue its aggressive strategy to prevent and punish customs evasion misconduct. Island Industries, a competitor, sued Sigma for...

The Trump Administration intends to leave a strong enforcement mark on fraud and trade enforcement.  DOJ is linking together trade enforcement and False Claims Act cases in an unprecedented manner that will open up new opportunities and risks for companies involved in international trade.  DOJ’s intent is clear and companies should be aware of this growing risk area. In May 2025, DOJ designated “trade and...

On June 27, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final order resolving administrative enforcement proceedings against Alpha and Omega Semiconductor Incorporated (“AOS”), a publicly traded designer and supplier of power semiconductors headquartered in Sunnyvale, California. The agency concluded that AOS committed fifteen violations of the Export Administration Regulations (“EAR”) between May and November 2019 by exporting a...

On July 2, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced that it had entered into a settlement agreement with Key Holding, LLC (“Key Holding”), a privately held logistics and freight forwarding firm headquartered in Delaware, to resolve Key Holding’s potential civil liability for apparent violations of the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. part 515. The apparent...

Cartels and TCOs have entrenched themselves in legitimate industry sectors.  In recent years, cartels and TCOs have adapted to market changes and new technologies.  Many cartels and TCOs are disguising their ownership and financial interests through shell companies, sophisticated networks of third parties and legitimate businesses in real estate, construction, mining, agriculture, export/import, casinos, fintech platforms and finance.  The Sinola Cartel in Mexico operates in...

Companies face a dual challenge — the pressing need to unravel their supply chains, and the immediate task of recalibrating due diligence systems to examine potential presence of cartel and transnational criminal organizations (“TCOs”) in a company’s supply chain and distribution channel.  The Justice Department has adjusted its enforcement priorities to elevate the importance of prosecuting cartels and TCOs.  This initiative will involve a two-fold...