Featured Articles:

The State of Whistleblowing

We continue to read headlines of whistleblowers receiving large, sometimes, multi-million-dollar awards after successful prosecutions of companies for a variety of criminal and civil offenses.  From these headlines, we may be convinced that whistleblowers continue to grow in influence and achieving real results – the improvement of overall corporate performance.  I hate to burst the proverbial bubble, but it is difficult to reach such a...

Kinross Gold Mining FCPA Settlement: SEC Continues Internal Controls Focus

The SEC continues to exercise its powerful enforcement tool – internal controls violations – in FCPA enforcement actions against public companies.  Kinross Gold Corporation is the latest company to enter into an FCPA settlement. Kinross agreed to pay $950,000 for inadequate internal controls and books and records violations centered on the activities of two mining companies Kinross acquired.  The SEC cited no evidence of any...

Episode 32 — Ten Steps to Prepare Your Company for Execution of a Search Warrant

As part of the aggressive enforcement of white collar crime cases, federal  law enforcement officers are executing more search warrants at company offices.  Companies should plan in advance for such an event.  A company can learn valuable information about an ongoing investigation.  Just as important, company officials have to preserve and assert objections when federal agents conduct a search. In this episode, Michael Volkov outlines...

ECI’s New Business Ethics Survey Confirms Misconduct Rates Declining — But Retaliation Rates Increasing

The Ethics and Compliance Initiative recently released the results of its global business ethics survey.  (Download Copy Here).  The last survey was conducted in 2017 and ECI’s survey provides important and valuable insights into corporate metrics and compliance, focusing on misconduct issues. The survey was conducted in late 2016 and 2017.  Thirteen countries were selected: Brazil, China, France, Germany, India, Italy, Japan, Mexico, Russia, South...

The State of Affairs: General Counsels and Chief Compliance Officers

In the last few years, the tension between chief compliance officers and general counsels appears to have subsided.  The issue of separating CCOs from legal departments is not as important as it used to be.  Why? I would like to think that CCOs have gained independence, authority and line of sight across their organizations.  General counsels have acknowledged the importance of this change and accepted...

Webinar: Healthcare Providers — The Need to Enhance Your Ethics and Compliance Program

Webinar: Healthcare Providers — The Need to Enhance Your Ethics and Compliance Program Tuesday, April 10, 2018, 12 Noon EST Sign Up Here Healthcare providers continue to face significant enforcement risks. Federal and state regulation of healthcare providers creates numerous risks, including the possibility of criminal fraud prosecutions. False Claims Act prosecutions continue to threaten healthcare providers with potential parallel criminal and civil proceedings. In...

Who’s on First, What’s on Second – Who is Regulating ICOs, Cryptocurrencies and Exchange Platforms?

Abbott and Costello’s famous routine — Who’s on First, What’s on Second — puts cryptocurrency regulation and enforcement risks in perspective.  Here is the classic comedy routine. When new technologies appear on the scene, Washington regulation is sure to follow.  The exact configuration can take years to sort out, especially when it comes to financial products, given the labyrinth of regulatory bodies seeking to lay...

Culture and Leadership in Middle Management

We always hear about the importance of tone-at-the-top.  Corporate leaders are very familiar with how to say the right things about ethics and compliance and the company’s culture.  But we all know that words are cheap – it is conduct that matters, and it is behavior that ultimately builds trust in an organization. In large corporations, however, the tone-at-the-top can only go so far.  No...

Episode 31 — Doing Business in Haiti: Interview of Angelo Viard

Haiti continues to suffer from significant corruption.  In Transparency International’s recent Corruption Perception Index, Haiti ranked 157 out of 180 countries on the corruption perception index. Angelo Viard, a longtime expert in business development in Haiti sees a different picture — business opportunities in Haiti are present but corruption risks have to be acknowledged and addressed.  Angelo Virad provides practical insights on how to navigate...

Congress and the Blockchain: The 2018 Joint Economic Report’s Discussion on Cryptocurrency

Matt Stankiewicz, an Associate at The Volkov Law Group, rejoins us as a guest contributor for another posting on cryptocurrencies.  Matt can be reached at [email protected] A few days ago, Congress released its 2018 Joint Economic Report.  As many of you know, the Joint Economic Committee prepares this report as a national assessment of the country’s economic status.  The report often assesses the implications of a...