One of many pet peeves I have in the compliance space is the lack of creativity in compliance program measurement. Chief Compliance Officers have to take a fresh approach to this issue. They have to break out of the old mold and bring about some innovative approaches in this area. I hate to be such a nay-sayer but something has to be done. If I...

I know I am like a broken record (ask my wife and kids). Sometimes I know I am repeating myself but I enjoy telling the same story or giving the same advice. I understand that can be frustrating for people. A compliance program requires comprehensive documentation. We all know that. Tom Fox, my colleague, repeats the mantra of “document, document and document.” He and I...

Prosecutors have taken a few lumps lately. Based on my own experience, most prosecutors are dedicated, hard-working, public servants who are committed to “doing the right thing.” I admired and respected many if not all of my colleagues at the US Attorney’s Offices and the Department of Justice throughout my career. Prosecutors have a lot of power. They can ruin an individual’s life very easily....

The Volkov Law Group maintains a You Tube channel to replay webinars on important ethics and compliance issues.  Currently, the channel has over 40 separate recorded webinars.  The webinars cover a variety of topics, including FCPA, AML, Sanctions, and Antitrust compliance.  The webinars provide helpful practical solutions in the ethics and compliance area. Please sign up and subscribe.  The link to the channel is here.

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...

Corporate boards are under intense scrutiny – shareholder organizations are challenging boards in an attempt to improve board performance. Government prosecutors are focusing more on board responsibility for corporate misconduct. Most of what is written about corporate board performance is so general and intended not to “offend” corporate boards. Unfortunately, in the face of significant challenges in the marketplace, corporate boards are clinging to their...

Just remember, it’s not a lie . . . if you believe it. – George Costanza We all have our favorite episodes and scenes from the Seinfeld series. As we grow older, we like to reference them more and more – maybe because it reminds us of your “youth” (looking back, my 30s were certainly younger than my 50s). Jerry is on his way to...

Humans are good at avoidance and can even reach a state of blatant disregard. The corruption news coming out of Brazil is so far-reaching that it is almost numbing. Last year we all ventilated about the GSK China scandal. This year Brazil is the new focus. Petrobas has been a constant in this reporting deluge. Tom Fox pointed out yesterday (here) that bribery has been...

The bulk of company internal investigations are devoted to human resource and code of conduct violations. Of course, there are always potential legal violations but these are far smaller in number but could have disastrous consequences depending on the nature of the violations. A company’s Code of Conduct is its cultural foundation. A CEO should know it backwards and forwards, and be able to refer...

Everyone knows the mantra – yes, we need tone at the top, but we also need tone in the middle and tone at the bottom. Every aspect of this statement, however, requires more work than everyone thinks. Tone at the top is not established by having the CEO create a video message, write a letter and/or communicate the company’s commitment to ethics and compliance. It...