Category: Podcasts

24 Jan, 2021

Episode 178 — The Corporate Transparency Act: Interview of Scott Greytak, Transparency International, and Erica Hanichak, The Fact Coalition

Congress enacted The Corporate Transparency Act, as part of the National Defense Authorization Act. The CTA expands beneficial ownership disclosure requirements for US entities. The new disclosure requirements target shell companies and small businesses to ensure disclosure beneficial ownership information. Liz Slim, Senior Counsel at The Volkov Law Group, interviews Scott Greytak from Transparency International USA, and Erica Hanichak from the FACT Coalition and review...

Podcasts

17 Jan, 2021

Episode 177 — 2020 OFAC Enforcement Year in Review

Despite the challenges facing OFAC during the pandemic and the strain on resources, OFAC continued its dogged commitment to sanctions enforcement. While the numbers racked up by OFAC were lower because of the pandemic, OFAC later in the year resumed its aggressive pace of sanctions enforcement. It even released two enforcement actions during the week between Christmas and New Year’s. In this Episode, Michael Volkov...

Podcasts

10 Jan, 2021

Episode 176 — 2020 FCPA Enforcement and Compliance Trends

The Justice Department and the Securities and Exchange Commission had another record year of enforcement. In fact, the last four years of FCPA enforcement included two years of record enforcement – 2019 and 2020. After those two years, 2016, 2014, 2010 were larger enforcement years (as measured by total fines) than 2017 and 2018, the first two years of FCPA enforcement under the Trump Administration. In this...

Podcasts

22 Dec, 2020

Episode 175 — A Deep Dive into the Vitol FCPA Settlement

The Justice Department continues to produce FCPA resolutions in a record year for enforcement. The latest is DOJ’s settlement with Vitol, Inc. (Vitol), an energy trading company. DOJ agreed to a three-year deferred prosecution agreement (DPA) in exchange for a criminal penalty of $135 million. One-third of the payment, or $45 million, would be credited if Vitol pays $45 million to Brazil prosecutors for resolution of the case....

Podcasts

20 Dec, 2020

Episode 174: Five Basic Steps to Implement a Sanctions Compliance Program

Companies have to implement a sanctions compliance program (SCP). The Treasury Department Office of Foreign Asset Control’s sanctions guidance issued in May 2019 is an extraordinary document and includes numerous prescriptive requirements. Companies ignore the SCP Guidance at their peril. The Treasury Department’s Office of Foreign Asset Control (OFAC) has a robust and mature enforcement program. Over the last few years, OFAC has successfully expanded its enforcement...

Podcasts

13 Dec, 2020

Episode 173 — Review of HHS-OIG Fraud Alert on Speaker Programs

In a far-reaching action, the Health and Human Services – Office of Inspector General (HHS-OIG) issued a Special Fraud Alert underscoring the “inherent fraud and abuse risks” associated with company-sponsored speaker programs. In this Episode, Michael Volkov reviews the HHS-OIG Fraud Alert. The Episode is available Here.

General / Podcasts

6 Dec, 2020

Episode 172 — Interview of Brian Whisler, Baker McKenzie Partner, on Department of Justice Changes under the Biden Administration

Brian Whisler is a long-time white collar practitioner at Baker McKenzie. Brian joined me to discuss the new Biden Administration and the enforcement outlook from the Biden Department of Justice. Brian has a unique perspective since he served as part of the DOJ transition in 2001 for the incoming Bush Administration. Brian’s Profile is Here. The Episode/Interview is HERE.

Podcasts

29 Nov, 2020

Episode 171 — Promoting an Ethical Culture: Interview of Jeffrey Tilton

The Justice Department and regulatory agencies have emphasized the importance of corporate culture and ethics. As companies approach this important issue, it is important to examine a variety of strategies to ensure that a corporate culture adheres to ethical standards. Jeffrey Tilton, CFE, a leader in the compliance field, has an interesting perspective on this issue. In this Episode, Michael Volkov discusses the issue of...

Podcasts

22 Nov, 2020

Episode 170 — The Beam Suntory FCPA Settlement

Beam Suntory, a global producer and distributor of distilled beverages, settled its FCPA case with DOJ for $19.5 million for bribes paid in India. The DOJ settlement follows an SEC FCPA settlement for $8 million announced on July 2, 2018. The timing of the FCPA settlements is unusual and suggests that DOJ’s resolution involved unique issues relating to Beam Suntory’s cooperation. In this Episode, Michael Volkov...

Podcasts

15 Nov, 2020

Episode 169 — DOJ Files Antitrust Case Against Google

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia. DOJ’s filing was hurried at the behest of the Attorney General Bill Barr, and reflects DOJ’s growing focus on high-tech businesses and monopolization conduct. DOJ’s case joins a long list of high-profile monopolization cases, including Microsoft, AT&T and IBM. DOJ’s...