Category: Podcasts

Episode 72 — 2018 Review of OFAC Sanctions Enforcement and Compliance Trends

The Treasury Department’s Office of Foreign Asset Control (“OFAC”) had a busy year — the first half of 2018 was dedicated to re-imposing the Iran Sanctions Program and updating the Russia Sanctions Program. In the second half of the year, OFAC resumed its pace for enforcement actions. In this episode, Michael Volkov reviews OFAC enforcement actions and sanctions regulations for 2018.

Episode 71 — 2019 Ethics and Compliance Predictions and Trends

In 2018, ethics and compliance professionals continued to innovate and push for compliance program enhancements. In response to growing demand, compliance industry vendors helped to implement new and innovative tools for use in compliance programs. In this episode, Michael Volkov reviews ethics and compliance trends and developments during 2018 and outlines predictions for the upcoming year.

Episode 70 — FCPA Year in Review and Predictions for 2019

The Justice Department and the Securities and Exchange Commission had another strong year in FCPA enforcement. The numbers for 2018 tell a compelling story. Corporations Individuals Declinations Fines/Penalties DOJ 5 26 4 $950 million SEC 14 4 NA $380 million Total 19 30 4 $1.33 billion In this episode, Michael Volkov reviews FCPA enforcement for 2018 and outlines interesting trends and developments.

Episode 69 — Update on DOJ Corporate Enforcement Policies

The Department of Justice (DOJ) has announced a number of modifications to its policies governing prosecution of corporations for criminal and civil violations of law.  In 2017, DOJ announced its FCPA Corporate Enforcement Policy.  Over the last year, DOJ expanded this policy to apply to non-FCPA corporate violations, as well as mergers and acquisitions.  In addition, DOJ recently announced the adoption of an Anti-Piling On...

Episode 68 — FCPA Guidance and Safe Harbors

The FCPA Guidance continues to inform compliance practitioners on compliance best practices. Issued in 2012, the FCPA Guidance provides important information concerning a number of compliance functions and risks.  The FCPA Guidance includes important discussions about legal intent, due diligence, successor liability and other issues, which can be used to establish important safe harbors for an effective ethics and compliance program. In this episode, Michael...

Episode 67 — Conducting Compliance Audits

Corporate compliance departments are rapidly implementing their own internal audit function — operating their own internal compliance monitoring and audit function.  No longer can compliance departments rely on internal audit to report on the compliance department’s operations.  Companies have to implement internal (or external) audit procedures. In this episode, Michael Volkov discusses how to conduct a compliance audit.

Episode 66 — Gifts, Meals, Entertainment and Travel Expense Compliance

Companies have to focus on compliance controls and non-material financial transactions to prevent fraud, bribery and other misuse of corporate funds.  One particular risky area is the control of gifts, meals, entertainment, and travel expenses.  In this new era of compliance, companies have to adopt proactive and automated strategies to mitigate risks of unauthorized GMET expenditures. In this episode, Michael Volkov discusses GMET risks and...

Episode 65 — Goldman Sachs and the 1MDB Corruption Scandal

Goldman Sachs’ role in the 1MDB scandal continues to draw scrutiny.  Justice Department prosecutors are investigating the extent to which Goldman Sachs knew and participated in the 1MDB scandal, and what penalty, if any, Goldman Sachs should pay.  The recent indictment and guilty plea of two former Goldman Sachs officials represents a significant development in the ongoing investigation. In this episode, Michael Volkov discusses recent...

Episode 64: Stryker’s SEC FCPA Settlement

Stryker Corporation has suffered a second FCPA enforcement action, and will now bear the stigma of FCPA “recidivist.”  In reaching a settlement with the SEC and agreeing to pay a $7.8 million civil penalty, Stryker will now be subject to an SEC-imposed compliance monitor. In this episode, Michael Volkov reviews the facts surrounding the Stryker SEC settlement.

Episode 63 — The Epsilon Case and Third-Party Sanctions Risks

The Department of Treasury’s Office of Foreign Asset Control (OFAC) recently settled a long-active enforcement action with Epsilon relating to alleged violations of the Iran Sanctions Program.  After a mixed decision from the US Court of Appeals for the District of Columbia Circuit, OFAC negotiated a $1.5 settlement for 39 violations of the Iran Sanctions Program.  Along the way, however, OFAC secured favorable rulings affirming...