Corporations should take note from the recent election – the American people expect companies to act ethically and conform to the law. The election results reflected a continuing frustration with financial fraud, corruption, and business misconduct. Of course, the economy and jobs dominated the campaign but the Obama campaign pressed its desire to have “everyone playing by the same rules,” and enforcement of Dodd-Frank. The...
Companies spend a lot of time and resources reviewing potential payments for gifts, meals, travel and entertainment. There are ways to make this process easier and more efficient. There are three basic requirements for making the review process more efficient. 1. Prospective standards – Companies need to adopt and enforce a prospective policy which carves out standards for the review and approval of such expenditures. ...
Ask any attorney if they can conduct an internal investigation and the answer is “Yes, of course.” It is easier said than done. There is an “art” to conducting internal investigations. A practitioner has to be able to establish a “vision” of the investigation. I like to analogize the process to a painter starting with a large canvass and visualizing the end product. The practitioner...
The election is over. Whew!! Washington, D.C. is slowly getting back to “normal.” The question now is what changes, if any, will occur in the enforcement arena. There is no question that if Romney had been elected, the enforcement landscape would have changed. One area that would not have changed – and may never change for the foreseeable future – is FCPA enforcement. However, in...
FCPA compliance has become the lifeblood of business. Whether a company is seeking to acquire another company, or a company needs a loan from a bank, FCPA compliance is required. Companies understand this fact and have steadily ramped up compliance programs. A recent survey established that at least 50 percent of companies have increased spending on anti-corruption compliance. FCPA issues now permeate every merger negotiation,...
Compliance officers are honest about the strengths and weaknesses of their compliance programs. They are realists and mission-driven. As such, they are always willing to consider and try new ideas and strategies. In recent FCPA settlements, the Justice Department has required companies to conduct a compliance assessment from a macro viewpoint in order to target certain high-risk areas for audits. The idea is a good...
I am happy to welcome Tom Echikson from LeClairRyan to Corruption, Crime & Compliance. Tom has practiced environmental law for 25 years and is based in Washington, D.C. His bio is here. He can be contacted at [email protected]. A question I often am asked is “What can and should our company do when it receives an information request from EPA or an EPA inspector shows up unannounced at...
The recent issue of SCCE’s Compliance and Ethics Professional Magazine includes Donna Boehme’s interview of me on compliance trends. I was honored to be interviewed. A copy of the link to the article is here. I continue to promote the professionalism and integrity of compliance professionals. My interview is a small contribution to this effort. Thank you for your support!!!
Every company dreads a visit from an FBI agent with a grand jury subpoena or a search warrant. I have previously outlined (here) how a company should prepare in advance for a search warrant and what steps to take when the FBI arrives on your doorstep. A grand jury subpoena should not be a “surprise” event in corporate life. Given the ever expanding list of...
The need for effective due diligence has led to a mushrooming of alternatives – software systems, database checks, and due diligence companies with or without “boots-on-the-ground.” In this environment, it is hard to keep your eye on the ball. Everyone has lots of advice, lots of service alternatives, and lots of angles to play. Lawyers sometimes get in the way and sometimes they can help. ...
