Category: General

1 Dec, 2022

DOJ’s Perspective on Clawbacks and Deferred Compensation Systems (Part III of III)

DOJ’s decision to examine corporate compensation programs as an important part of a compliance program should be welcomed. DOJ’s initiative asks a very good question – how can incentives and disincentives be used to promote compliant behavior without unjustly punishing shareholders who bear the brunt of large corporate penalties? DOJ wisely decided to open this issue to further examination through a consultation process. The possible...

General

29 Nov, 2022

Teasing Out Clawbacks and Deferred Payment Schemes – Who Should be Held Accountable and for How Much? (Part II of III)

The Justice Department did not just willy-nilly announce its embrace of clawbacks and deferred payment compensation punishment as a remediation tool for companies that suffer an enforcement action and settlement. To the contrary, DOJ has been examining this issue, even citing it in important policy spheres and enforcement actions, as an important tool in its arsenal. Both the DOJ and the SEC have been weighing...

General

28 Nov, 2022

Incentives and Disincentives as the New Engine of Effective Compliance (Part I of III)

Some were surprised by the recent move by the Department of Justice in focusing on the importance of incentives and disincentives as an important factor in an effective ethics and compliance program. Others, however, had been waiting for years to this occur. To these compliance professionals, DOJ was finally arriving, although late to the game. If we take a step back, the issue is nothing...

General

27 Nov, 2022

Department of Justice Prevails and Blocks Penguin Random House Acquisition of Simon and Schuster – Parties Abandon Transaction

The Department of Justice’s Antitrust Division continues its aggressive pursuit of enforcement and recently succeeded in blocking a controversial acquisition in the book selling market. After a string of losses in the merger arena, Judge Florence Pan in the District of Columbia agreed with the Department of Justice and blocked Penguin Random House’s (“PRH’s”) proposed $2.18 billion acquisition of Simon and Schuster (“S&S”). Shortly thereafter,...

General

24 Nov, 2022

Happy Thanksgiving from The Volkov Law Group

To all our clients, friends, colleagues, partners and family, Happy Thanksgiving. Please enjoy the holiday and take a moment to share your gratitude with others in your life. All the best for a wonderful holiday.

General

21 Nov, 2022

The Ins and Outs of the Ghana Bribery Scheme (Part II of II)

This is a very complicated case, Maude. You know, a lotta ins, a lotta outs, a lotta what-have-yous. And, uh, a lotta strands to keep in my head, man. Lotta strands in old Duder’s head. – The Dude, The Big Lebowski Each FCPA case provides valuable lessons in the mechanics of bribery schemes and the common techniques used by violators to secure funds and make illegal payments to...

General

21 Nov, 2022

Goldman Sachs Official Indicted Over Ghana Bribery Scheme (Part I of II)

Talk about a reminder of the past, Asante Berko, a former Executive Director in Goldman Sachs, recently was arrested in London on criminal FCPA charges arising from his involvement in a bribery scheme in Ghana. The surprising part of the case was the delay in his arrest – over 2 years. In 2020, Berko was charged by the SEC for FCPA violations. He settled the...

General

17 Nov, 2022

FATF Blacklists Myanmar for “Strategic Deficiencies” in Money Laundering and Terrorist Financing Infrastructure

Alexander Cotoia, Regulatory Manager and Senior Consultant at The Volkov Law Group PC, rejoins us for a posting on Myanmar AML risks. Alex can be reached at [email protected]. On October 21, 2022, the global Financial Action Task Force (“FATF”) added the nation of Myanmar to its so-called “blacklist” of jurisdictions with “strategic deficiencies” in their legal and regulatory regimes that permit illicit financial activity such...

General

16 Nov, 2022

Bureau of Industry Security Ramping Up Export Control Enforcement

The Department of Commerce’s Bureau of Industry and Security promised aggressive enforcement of export controls. BIS’s promise extended beyond the Russian-Belarus export controls. BIS has kept its promise. WEBs Electronics Trading Company In a recent charging letter, BIS stated that WEBS Electronics Trading Company, a United Arab Emirates company, violated U.S. export controls by shipping or trying to ship $50,000 worth of U.S.-origin telecommunications items...

General

15 Nov, 2022

Modernizing Medicine Settles False Claims Act Violations for $45 Million

The Justice Department continues to pile up healthcare enforcement actions — false claims, anti-kickback, and fraud. DOJ is on its way to a record year. In a recent enforcement action, Modernizing Medicine (“ModMed”), an electronic health record (“EHR”) vendor, agreed to pay $45 million for AKS and False Claims Act violations for receiving bribes in exchange for referrals and causing users to falsely report information...