Category: Podcasts

Episode 182 — Antitrust Division Brings First Criminal Indictments for No-Poach and Wage-Fixing Agreements

Episode 182 — Antitrust Division Brings First Criminal Indictments for No-Poach and Wage-Fixing Agreements

Four years ago, in 2016, the Antitrust Division and FTC issued guidance as to the application of antitrust laws to no-poaching and wage-fixing agreements between employers.  The guidance stated, “Going forward, the Justice Departments intends to criminally investigate naked no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger legitimate collaboration between the employers.” The Antitrust Division has not put its money where...

Episode 181 — Cryptocurrency Review: Matt Stankiewicz Discusses the SEC’s Case against Ripple, Predictions under the Biden Administration, and Bitcoin’s Corporate Surge

Episode 181 — Cryptocurrency Review: Matt Stankiewicz Discusses the SEC’s Case against Ripple, Predictions under the Biden Administration, and Bitcoin’s Corporate Surge

Matt Stankiewicz, Managing Counsel, The Volkov Law Group, and Michael Volkov discuss the latest events and trends within the cryptocurrency industry. Several major enforcement actions have hit the news recently, such as the CFTC’s case against BitMEX and the SEC’s high-profile action against Ripple and its XRP cryptocurrency.  We also discuss potential regulatory movement under the Biden Administration and what may be coming in the...

Episode 180 — 2020 False Claims Act Review with Jessica Sanderson, Partner, The Volkov Law Group

Episode 180 — 2020 False Claims Act Review with Jessica Sanderson, Partner, The Volkov Law Group

Jessica Sanderson, Partner, The Volkov Law Group and Michael Volkov review significant developments in the civil False Claims Act (“FCA”) area from the past year. With mind-boggling federal spending in FY 2020 and the obvious potential for fraud, abuse, and misuse of the trillions of dollars of federal stimulus funds, we undoubtedly will see a considerable increase in FCA audits, investigations, enforcement actions, qui tam...

Episode 179: Tom Fox and Mike Volkov Discuss the Biden Justice Department and Enforcement Issues

Episode 179: Tom Fox and Mike Volkov Discuss the Biden Justice Department and Enforcement Issues

President Biden has nominated Merrick Garland and Lisa Monaco to head the U.S Department of Justice.  In addition, the Biden Administration has nominated a number of strong enforcement candidates to head up various regulatory agencies.  The implications of this new team across the government will be significant on various industry sectors. Tom Fox joins Mike Volkov to discuss the new Justice Department leadership and the...

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

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...

Episode 177 — 2020 OFAC Enforcement Year in Review

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...

Episode 176 — 2020 FCPA Enforcement and Compliance Trends

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...

Episode 175 — A Deep Dive into the Vitol FCPA Settlement

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....

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

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...