In this episode of Corruption, Crime and Compliance, Michael Volkov examines how Delaware’s Caremark doctrine has matured through a recent run of decisions involving Teligent, Regions Financial, and Boeing, all centered on the question of when a board’s failure to prevent corporate misconduct crosses from ordinary mismanagement into an actual breach of the duty of loyalty. He walks through Teligent’s officer-level oversight failures in FDA...

Are you rubbing elbows with criminals? When OFAC designates someone a specially designated national, or SDN, it’s not a warning label. It’s a legal wall. Every asset that party has anywhere in U.S. jurisdiction, or in the hands of a U.S. person, is frozen. Every U.S. person is barred from transacting with them, directly or indirectly. The trap is OFAC’s 50% rule, which means any...

In this episode of Corruption, Crime and Compliance, Michael Volkov breaks down Veloxis Pharmaceuticals’ more than $46 million settlement with DOJ and HHS-OIG over a years-long kickback scheme involving its kidney transplant drug Envarsus XR, a scheme the DPA says was directed in part by the company’s own former CEO. He examines why Veloxis avoided prosecution and instead secured a deferred prosecution agreement under DOJ’s...

At $125 million, breaking the law can never be a cost of doing business. UBS Bank was hit with a $125 million FinCEN penalty, the largest ever against a broker-dealer under the Bank Secrecy Act. This is UBS’s second Bank Secrecy Act action in less than a decade. In 2018, regulators told UBS: fix your foreign currency wire monitoring. It never did. The same gap...

In this episode of Corruption, Crime and Compliance, Michael Volkov examines L3Harris Technologies’ abrupt ouster of chairman and CEO Christopher Kubasik over a code-of-conduct violation, and why the story is really a board governance cautionary tale rather than a typical enforcement matter. He traces Kubasik’s earlier, similar departure from Lockheed Martin in 2012 alongside comparable cases involving Brian Krzanich at Intel and Mark Hurd at...

Is your routine payment actually a bribe? Scolar, an Omaha agricultural company, resolved an FCPA case for over $10 million after using customs brokers to bribe Mexican officials, about $2,000 for each train that crossed the border. It was invoiced as reinspection fees paid routinely for six years. Nobody asked what the money actually bought. Stop treating customs brokers, freight forwarders, and logistics providers like...

In this episode of Corruption, Crime and Compliance, Michael Volkov makes the case that every organization needs a written AI Acceptable Use Policy now, not eventually, because employees are already using AI tools with or without formal governance. He walks through the three core risk categories driving that urgency: confidentiality exposure when employees submit sensitive data to ungoverned tools, hallucination risk from AI-generated content that...

Have you heard about the Goldman Sachs banker who bribed his way to a conviction? A federal jury in Brooklyn last week convicted Asante Berko, a former Goldman Sachs executive, on FCPA conspiracy, a substantive FCPA violation, and money laundering conspiracy. Berko managed a deal between a Turkish energy company and the government of Ghana to build a new power plant in Ghana. To win...

If you think your company can smuggle and fly under the radar screen, think again. When your company touches imports, customs, or tariffs, you need to know this. The Justice Department stood up a dedicated trade fraud task force in August of last year. Its first settlement came three months later. This past May, it delivered the largest customs-related False Claims Act recovery ever: $550...

In this episode of Corruption, Crime and Compliance, Michael Volkov breaks down the State Department’s $36 million settlement with BAE Systems, Inc. over more than 100 alleged violations of the International Traffic in Arms Regulations and Arms Export Control Act spanning 2019 through March 2025, including unlicensed technical data exports to China, Canada, the U.K., and Germany, unauthorized defense services in Italy, France, and Indonesia,...