Webinar: How to Implement an Effective OFAC Sanctions Compliance Program 12 Noon EST, March 31, 2020 Sign Up HERE In 2019, the Department of Treasury’s Office of Foreign Asset Control (OFAC) issued important guidance on sanctions compliance programs. OFAC’s guidance sets out new and prescriptive requirements for sanctions compliance programs. At the same time, OFAC has ramped up enforcement efforts. The Justice Department revised its...

In July 2019, the U.S. Justice of Department’s Antitrust Division ended a long-running controversy surrounding compliance program credit by issuing its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (“Antitrust Guidance”).  The Antitrust Guidance is a terrific resource, filled with excellent ideas and innovative suggestions.  Companies need to review and enhance their antitrust compliance programs, especially those companies with tangible antitrust risks.  In designing...

Webinar: Maintaining a Reliable and Effective Internal Investigation 12 Noon EST,March 24, 2020 Sign Up HERE A company’s commitment to implementing an effective ethics and compliance program must include a reliable internal investigation program. In order to build trust and a speak up culture, an internal investigation program has to respond promptly and fairly to employee concerns. Companies that operate a bare bones or ineffective...

We all are familiar with the “horror” stories circling numerous infamous corporate scandals – Wells Fargo, Boeing, General Motors, Airbus, Ericsson, HSBC and on and on.  When you read about each of these scandals, layer by layer, the corporation is infected with a culture of wrongdoing.  In these situations, senior management, middle management and employees embrace differing levels of commitment to wrongdoing, ranging from intentional...

I have to admit that it is hard to maintain this blog under the current circumstances.  It is hard to ignore the “elephant in the room.”  The coronavirus crisis is having a serious impact on our country, society, communities and families.  I am deeply troubled by the current handling of this crisis at the federal level and the coming tsunami for our healthcare system.  In...

Compliance professionals face extraordinary risks – not just for the enterprise but personal risks.  CCOs should not panic or overreact when the government brings an enforcement action against a compliance officer for a company’s compliance failure. The lesson for compliance officers who work in regulated industries is fairly straightforward – when faced with real compliance problems, compliance professionals have to document efforts to address the...

We all know that economic incentives are critical to promoting performance.  Going back to the days of Adam Smith, the U.S. economic growth is the result of a basic motivation – hard work can result in significant revenues/profits. Companies create incentives for their employees as well – sales performance is linked to salary, bonuses and promotions.  We have observed skewed sales incentives, such as the...

The Justice Department’s Antitrust Division announced a major guilty plea with Sandoz, Inc., in its expanding criminal investigation of the generic pharmaceutical industry.  DOJ has been pursuing this investigation for several years with some progress, but the Sandoz guilty plea is a major accomplishment in the investigation.  Sandoz agreed to pay $195 million in exchange for a three-year deferred purchase agreement (“DPA”).  DOJ filed a...