The FCPA Guidance turned two years old recently – November 14 to be exact. No one wrote about the milestone, nor has anyone praised the FCPA Guidance. To be the contrarian, I am writing to wish the FCPA Guidance a very happy birthday and to sing its praises. In honor of the FCPA Guidance’s birthday, I recently conducted a webinar on the FCPA Guidance. The...
It is important to acknowledge and respect your roots. It is great to welcome new and important legal bloggers. Starting out a blog for professionals is a challenging and fun process. Two new entrants on the blogosphere are worthy of everyone’s attention. Sidebars: Randall Eliason has started a terrific blog on white collar crime and federal criminal law. I have known Randy for over 25...
I am pleased to announce that The Volkov Law Group’s recorded webinars can now be downloaded from ITunes. As many of you know, The Volkov Law Group maintains a You Tube Channel that includes recordings of all the webinars we have conducted over the past two years. The You Tube Channel is here. To expand access to these recordings, we have created podcasts of the...
Companies and Chief Compliance Officers have taken significant actions to emphasize the importance of a company’s code of conduct. A well-designed code of conduct is a foundation for an effective ethics and compliance program. It is the core from which other policies and procedures are designed. It presents the company’s ethics and compliance program as a unified whole, without irrelevant detours into other topics. A...
In the FCPA world, we tend to get myopic. We see complex issues and business operations through the prism of anti-corruption risks. Businesses and Chief Compliance Officers, however, have a very different perspective. When pontificating on life lessons to my children (who are no longer children), I frequently cite the importance of seeing issues from another person’s perspective. Many issues come into focus when you...
The Fourth Quarter of 2014 has been a busy one for DOJ and SEC in the FCPA arena. We are all praying that DOJ and SEC resolve the Avon case soon so that we do not have to include the case on our lists for predictions for 2015 FCPA enforcement actions. One thing for sure in the enforcement area is that DOJ and the SEC...
The FCPA enforcement doomsayers can add another notch to their belt – their predictions and suggestions of “enforcement slow downs,” “significant policy changes,” and other misguided claims can be added to the ash heap of erroneous predictions. It is amazing how supposed “analysis” is produced to fill the gaps in time when no enforcement activity occurs. DOJ and the SEC are proving once again that...
With the rise of the compliance professional, there is a real need for strong support as they design and implement new and innovative compliance programs. Compliance professionals are stretched thin – they have a mountain of responsibilities but only an anthill of resources to commit to the job. They are constantly putting out fires, prioritizing tasks and allocating scarce resources or urging other parts of...
The Antitrust Division is a world unto itself. Ask anyone who works there (including me) or worked there and they will tell you that everyone refers to the Antitrust Division as “The Division,” like it is the only Division in the Department of Justice. That attitude, however, occasionally carries into substantive areas. The Division is the recognized expert in the Justice Department on antitrust issues...
For years (okay 3 years), I have written about the need for DOJ to address its policies surrounding voluntary disclosure. DOJ and the SEC regularly urge companies and FCPA practitioners to disclose FCPA violations to DOJ in order to earn a possible declination, deferred prosecution agreement, or a reduced penalty. DOJ has been criticized for failing to define exactly how it assesses cooperation and how...
