Featured Articles:

United Technologies Pays $13.9 Million to Settle FCPA Charges (Part I of II)

The SEC’s FCPA Unit had a good week last week – they announced a second FCPA settlement along with the Sanofi case.  The latest to fall was United Technologies that agreed to pay $13.9 million for bribes paid by its elevator and aircraft engine businesses. The SEC FCPA settlement focused on Azerbaijan and China relating to third-party bribery payments.  In addition to these two bribery...

Sanofi Coughs Up $25 Million to Settle SEC FCPA Charges

Well, add another pharmaceutical company to the FCPA healthcare “sweep.”  Frankly, the term “sweep” makes it sound like a coordinated enforcement effort – instead, it is more accurate to think of it as multiple prosecutions against a high-risk industry. Whatever the enforcement background, Sanofi settled an FCPA case with the SEC for $25 million.  DOJ closed its investigation of Sanofi in March 2018.  The SEC...

Episode 56 — Catching Up with Special Counsel Mueller’s Russia Investigation

Since my last update on the Russia investigation in December 2017, Special Counsel Mueller’s investigation has been gaining momentum — Paul Manafort has plead guilty and agreed to cooperate after he was convicted in the Eastern District of Virginia.  Michael Cohen entered into a plea agreement with the Southern District of New York prosecutors, including a specific admission that President Trump directed him to make...

The Real Focus for Compliance: Post-Acquisition Integration of an Acquired Company (Part III of III)

In light of the evolving (or evolved) DOJ and SEC approach to FCPA enforcement in the merger and acquisition context, global companies have to emphasize their post-acquisition process.  Obviously, this is not limited to ethics and compliance issues.  An acquiring company has a long list of tasks needed to complete in order to integrate the new company into the existing company’s operations. Global companies that...

The Importance of Pre-Acquisition FCPA Due Diligence (Part II of III)

Several years ago (or in the recent past as some would say), pre-acquisition due diligence was a major compliance focus for global companies that grew through aggressive merger and acquisition strategies.  In some respects, and perhaps in reaction to relaxation of some of DOJ’s strict requirements that applied ten years ago (i.e. Halliburton Opinion Letter 08-02), companies appear to be adjusting their compliance priorities and...

FCPA Risks and Merger and Acquisitions: The Evolving Policies (Part I of III)

Global companies that grow through a deliberate merger and acquisition strategy continue to face significant anti-corruption risks.  The list of FCPA enforcement actions includes numerous examples of companies that settled FCPA matters because of post-acquisition conduct, which usually reflects inadequate post-acquisition procedures. Despite the obvious risks and the Justice Department’s and SEC’s efforts to afford some flexibility in this area, global companies usually fail to...

Webinar — FCPA 2018: Update on Enforcement and Compliance Trends

FCPA 2018: Update on Enforcement and Compliance Trends Tuesday, September 25, 2018, 12 Noon EST Sign Up HERE FCPA enforcement continues as a major risk for global companies. Despite early concerns about the new administration’s commitment to aggressive FCPA enforcement, the DOJ and SEC continue to prosecute and settle FCPA cases against companies and individuals. Join Michael Volkov, CEO of The Volkov Laws Group, as...

Noah Smith Joins The Volkov Law Group

I am excited to announce the addition of Noah Smith as a new Associate at The Volkov Law Group. When I launched the firm, I was committed to providing high-quality ethics and compliance, and enforcement defense services. With the help of my existing members we have been fortunate to grow and develop our services and capabilities.  I am proud to announce that Noah Smith will...

State Department Announces Additional Sanctions Against Russia

Okay, I have to admit – it is getting hard to keep up with all the changes to the Russia Sanctions Program.  The Treasury Department, Office of Foreign Asset Control’s imposition of the Oligarch Sanctions (here) and Congress’ passage of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) (here) has made life difficult.  There is no way anyone can really follow the bouncing ball in...

Episode 55 — Update on the Iran Sanctions Program

On May 8th, 2018, the Trump administration withdrew from the Joint Comprehensive Plan of Action or JCPOA and began to reimpose the U.S. nuclear-related sanctions.  All of the sanctions in existence prior to the JCPOA including nuclear-related secondary sanctions will be effective on November 5, 2018.  The wind-down of Iran-related activities pursuant to authorizations provided by the JCPOA is required in two wind-down periods – a 90 day...