Category: General

SEC Settles FCPA Charges Against Ex-Panasonic Avionics Officers

On December 19, 2018, the SEC announced settlements with two former senior executives of Panasonic Avionics Corporation.  In April 2018, Panasonic Avionics settled FCPA charges with the Justice Department and the SEC and agreed to pay $280 million.  (Here) Paul Margis (Here), the former CEO, and Takeshi Uonaga (Here), the former CFO, agreed to pay $75,000, and $50,000 respectively, to settle books and records and...

OFAC Relaxes Russia Sanctions After Oligarch Ownership Changes

The Treasury Department’s Office of Foreign Asset Control (OFAC) rarely backs down.  Recently, in response to significant ownership and governance changes, OFAC removed three Russian companies, EN+ Group (EN+), UC Rusal plc (Rusal), and JSC EuroSibEnergo (ESE) from the sectoral sanctions list. (Here). OFAC’s decision to remove the three companies capped the efforts of Russian oligarch, Oleg Daripaska, to modify his ownership and control of...

2019 Ethics and Compliance Predictions

This is my favorite topic.  New trends come and go in the compliance field, while effective solutions and strategies slowly but surely take hold.  Eventually, an effective  compliance practice or strategy becomes a “best practice,” or an “industry standard.” To those who complain that ethics and compliance is a profession riddled with amorphous standards or vague “guidance” that lacks discipline, my response is that such...

Sanctions Enforcement and Compliance Year in Review

The Department of Treasury’s Office of Foreign Asset Control (OFAC) has steadily expanded its influence in the enforcement landscape.  Global companies now face a complex regime of sanctions that require careful navigation. As the U.S. government expands its reliance on sanctions to influence foreign actors and advance foreign policy interests, global companies have to design and implement robust trade compliance programs.  In recognition of this...

FCPA Predictions for 2019

Here we go – another year, another set of predictions.  Who knows whether they will come true? Actually, I went back and read my annual prediction posting for 2018 and 2017, respectively.  Some things I called correctly, and others I missed the mark on. One consistent error – the Wal-Mart FCPA case would be resolved.  So this year, I am employing reverse psychology.  The Wal-Mart...

2018 FCPA Year in Review: The More Things Change, The More They Stay the Same

Happy New Year! Another year is in the books for FCPA enforcement and compliance.  The headline for this past year (like many other years) is/was – The more things change, the more they stay the same. FCPA enforcement is bipartisan and immune from political winds.  I may live to regret this assertion.  Whether DOJ is under Republican or Democrat control, FCPA enforcement will continue.  DOJ’s...

Happy Holidays From The Volkov Law Group

To all of our clients, readers, subscribers, listeners, from everyone at The Volkov Law Group wishes you Happy Holidays and a Happy New Year!! We will resume our blog, podcasts and webinars with the new year — on January 2, 2019. Best wishes to all — Mike, Matt, Colleen, Stephen, Noah and Susan.

UBS Pays $15 Million for AML Compliance Deficiencies

UBS Group agreed to pay a combined $15 million penalty to the US Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”)and the SEC for regulatory deficiencies in its anti-money laundering compliance program.  UBS is required to pay $5 million to the Treasury Department; $5 million to the SEC and another $5 million to FinCEN. UBS’ broker-dealer unit, UBS Financial Services, Inc. (“UBSFS”), violated the Bank Secrecy...

OFAC Announces Russia Sanctions Settlement with Software Company

The Department of Treasury’s Office of Foreign Asset Control (“OFAC”) recently announced a settlement against Cobham Holdings (and its former subsidiary Aeroflex/Metelics, Inc. (“Metelics”, a software company) for $87,507 for violations of OFAC’s Ukraine-Russia sanctions program.  (OFAC announcement here). Metelics violated the Ukraine-Russia sanctions program on three occasions between July 31, 2014 and January 15, 2015,  by selling telecommunications and computer software (3,400 switch limiters;...

The Mindset of Employee Fraudsters (Part III of III)

Technology and computer analytics are important tools in the fight against fraud.  But it is not the magic and exclusive bullet.  Fraud is committed by humans and investing in the human element, while difficult to measure, is an important part of every fraud prevention strategy. The fraud triangle is an essential framework for understanding fraudster behavior.  The fraud triangle is no panacea but it is...