The General Data Protection Regulation 2016/679 (“GDPR”) was a watershed moment in data and privacy compliance. The new law applies to all companies and persons within the European Union and the European Economic Area. Since its effective date, May 25, 2018, enforcement of the new law has begun. In the first year, compliance and enforcement practitioners have identified important issues and trends for companies and...
The corporate world has been rocked by major governance failures surrounding #MeToo incidents and complaints. Recently, Google suffered global walkouts by employees who were upset by Google’s payment of lucrative severance packages to senior executives forced to resign because of sexual misconduct issues, and a culture of sexual misconduct that included 48 sexual misconduct incidents resulting in the departure/termination of employees. Companies have to address...
Companies involved in export and import activities face a variety of risks from sanctions and export controls created by a complex maze of regulations and oversight from the Department of State, Department of Treasury and the Department of Commerce. With the increasing complexity of sanctions regimes, companies have to devote significant attention and resources to implement an effective trade compliance program. In this episode, Michael...
Global prosecutors and regulators continued to increase anti-money laundering enforcement and regulatory actions. Global and US regulators have increasingly focused on beneficial ownership and transparency requirements. In 2018, FinCEN’s Customer Due Diligence rule went into effect. US prosecutors also brought several significant AML criminal prosecutions against large banks; the SEC has increased AML enforcement as part of reviews of internal controls. Regulators brought enforcement actions...
The Justice Department reported its 2018 fraud statistics showing $2.8 billion in recoveries under the False Claims Act. While this number is staggering, fiscal year 2018 recoveries were down from than $500 million from fiscal year 2017. Nonetheless, companies in the healthcare, defense and financial industries continue to face significant False Claims Act risks. In this episode, Michael Volkov interviews Jessica Sanderson, Of Counsel, at...
Companies involved in the export and import of defense products and services face significant risks surrounding compliance with the International Traffic in Arms (ITAR) statute and regulations. The US State Department’s Directorate of Defense Control (DDTC) tightly regulates the defense industry and aggressively enforces ITAR rules and regulations. In this episode, Michael Volkov interviews Colleen Hurson, Senior Counsel, at The Volkov Law Group, who specializes...
The SEC and the Justice Department closed their respective 2018 books with resolution of three separate enforcement actions: Polycom, Eletrobras and Two Former Officers of Panasonic Avionics. In this episode, Michael Volkov reviews and discusses important lessons learned from these three separate FCPA enforcement actions.
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.
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.
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.
