Corruption, Crime & Compliance

Featured Articles:

18 Jun, 2020

Antitrust Compliance Lessons Learned from Chicken Price-Fixing investigation and Indictment (Part III of III)

The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program. With last year’s Guidance on Antitrust Compliance, DOJ has provided a roadmap for compliance officers to design and implement an effective compliance program. Executive Level Participation and C-Suite Risk Assessment: As described in the indictment, the price-fixing and bid-rigging...

General

17 Jun, 2020

The Criminal Chicken Price-Fixing Conspiracy (Part II of III)

The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection. Antitrust compliance programs have to be crafted with appropriate consideration of industry concentration and practices, attendant risks, and effective monitoring and audit programs. Broiler chickens are supplied to grocers, restaurants and cooperatives. Some fast-food restaurants participate in...

General

16 Jun, 2020

Justice Department’s Antitrust Division Charges Four Executives in Chicken Price-Fixing Investigation (Part I of III)

The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging conspiracy. The indictment charges Jayson Penn, president and CEO of Colorado-based Pilgrim’s Pride, and former Vice President Roger Austin, and Georgia-based poultry producer Claxton Poultry’s President Mikell Fries and Scott Brady, a Claxton Poultry Vice President. ...

General

15 Jun, 2020

Treasury, State Department and Coast Guard Issue Advisory and Guidance on Maritime Industry Deceptive Shipping Practices

In response to an increase in deceptive shipping practices, on May 14, 2020, the State Department, Treasury Department and the Coast Guard issued a warning to the maritime industry, and those involved in the energy and metals sectors, concerning deceptive shipping practices used to evade sanctions. The focus of concerns appears to be actors seeking to circumvent sanctions against Iran, North Korea and Syria. The...

Podcasts

14 Jun, 2020

Episode 146 — A Deep Dive into DOJ’s Indictment of Four Executives for Chicken Industry Price-Fixing Conspiracy

The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging conspiracy in the sale of broiler chickens to grocers, fast-food companies and other sellers of chicken products. In this episode, Michael Volkov reviews the indictment, the factual allegations and reviews antitrust compliance lessons learned.

General

11 Jun, 2020

The Fish Rots from its Head Down – Review of Criminal Charges Against Blue Bell’s Former CEO Paul Kruse

We all use dramatic language to present important ideas – and one that I always cite – “A fish rots from its head down.” The meaning of this well-known phrase is clear in the corporate culture context – an organization with “rotten” leadership will inevitably perform poorly and managers and employees will likely engage in misconduct. The often-used phrase of “tone at the top” is...

General

10 Jun, 2020

DOJ’s Compliance Message: Implement Technology Solutions

DOJ’s revised Evaluation of Corporate Compliance Program Guidance (“DOJ Guidance”) is yet another reminder on how far compliance has evolved and the path forward. Compliance programs have to incorporate real-time monitoring, rapid data analysis, emphasis on corporate culture and organizational justice build on employee engagement, prompt investigations and consistent discipline. A compliance program is like a shark – it has to keep moving and evolving. ...

General

9 Jun, 2020

DOJ Plays Catch Up in Revised Compliance Program Guidance

Let’s face it – DOJ’s revised Evaluation of Corporate Compliance Program Guidance reflects an attempt (although an important one) by DOJ’s leadership to catch up with the compliance industry. In recent years, I have argued that the compliance industry is rapidly eclipsing DOJ Guidance and expectations for the compliance industry. As more professionals enter the compliance industry, and as spending by companies increase on compliance...

General

8 Jun, 2020

The Five Most Important Issues in DOJ’s Revised Compliance Program Guidance

The Justice Department’s revised Evaluation of Corporate Compliance Program Guidance (“DOJ Guidance”) was released with little fanfare. It is difficult to find the press release that accompanied the release. No one at DOJ flagged the issue in advance of the release. No speech or event accompanied the release. All was relatively quiet from the DOJ front. Do not be fooled by the relative silence of...

Podcasts

7 Jun, 2020

Episode 145 — DOJ Revises its Corporate Compliance Program Guidance

The Department of Justice quietly issued revisions to its Corporate Compliance Program Guidance. DOJ’s revisions underscore important new trends in corporate compliance — the importance of resources and empowerment, continuous monitoring, proactive strategies, access to and use of data, consistent discipline and new, training strategies. In this episode, Michael Volkov reviews DOJ’s changes to its Corporate Compliance Guidance and puts the changes in perspective to...