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DOJ Secures Guilty Plea and Charges A Second Former PDVSA Official with Money Laundering

DOJ Secures Guilty Plea and Charges A Second Former PDVSA Official with Money Laundering

The Justice Department continues to pursue criminal cases against Venezuelan officials at Petróleos de Venezuela S.A. (PDVSA) in an attempt to strangle President Nicolas Maduro.  DOJ has been pursuing a three-pronged strategy by bringing cases in the New York, Miami and Houston federal courts.  DOJ has been pursuing officials who have left Venezuela and now reside in Spain and other European locations.  DOJ has charged...

Three Individuals Charged with Fraud and FCPA Violations in International Adoption Scheme

Three Individuals Charged with Fraud and FCPA Violations in International Adoption Scheme

FCPA cases can arise in un usual situations.  DOJ has focused two separate prosecutions on bribery and fraud involving adoptions from Uganda and Poland.  At the heart, the defendants bribed Ugandan and Polish authorities to secure children who were not orphaned and deceived prospective parents as to the orphaned status of the children placed for adoption. In the end, innocent children were removed from their...

FCPA Issues First Opinion Release in Six Years

FCPA Issues First Opinion Release in Six Years

Take it from me, if I recommend a stock pick to buy or sell – do the opposite.  In a great episode of Seinfeld, George Costanza adopted a new-life approach by doing the exact opposite of what he normally would do in a situation.  Here is the classic clip. In a podcast episode I recorded with Tom Fox, I made the “brilliant” point that DOJ...

The IIA’s New Three Lines of Defense Model Misses The Mark

The IIA’s New Three Lines of Defense Model Misses The Mark

“Life is really simple, but we insist on making it complicated.”― Confucius “One day I will find the right words, and they will be simple.”― Jack Kerouac, The Dharma Bums Corporate governance and compliance is not as hard as everyone tries to make it.  Much of management theory, risk management, and theories surrounding corporate operations is intuitive.  Be wary of those who try to complicate issues, especially when...

Steve Bannon and Three Defendants Indicted for $25 Million “We Build The Wall” Fraud Scheme

Steve Bannon and Three Defendants Indicted for $25 Million “We Build The Wall” Fraud Scheme

In a surprise indictment, the US Attorney’s Office for the Southern District of New York announced that Steve Bannon, Brian Kolfage, Andrew Badolato and Timothy Shea were indicted for defrauding hundreds of thousands of donors in response to the “We Build The Wall” online fundraising campaign.  The indictment charges the defendants in defrauding donors from more than $25 million. As charged, the defendants defrauded hundreds...

Webinar: FCPA Compliance — Acquisitions, Integration & FCPA Audits

Webinar: FCPA Compliance — Acquisitions, Integration & FCPA Audits

Webinar: FCPA Compliance — Acquisitions, Integration & FCPA Audits Tuesday, September 8, 2020, 12 Noon EST SIGN UP HERE In general, when a company acquires another company, the successor company can be liable for the acquired company’s activities prior to acquisition. The U.S. Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) have administered Foreign Corrupt Practices Act (“FCPA”) enforcement actions against successor...

Episode 157 — A Review of World Acceptance Corp. Settlement with SEC for FCPA Violations

Episode 157 — A Review of World Acceptance Corp. Settlement with SEC for FCPA Violations

World Acceptance Corporation (“WAC”), a US-based consumer loan company, agreed to pay the SEC $21.7 million for FCPA violations in Mexico.  WAC’s cited violations covered the full gamut of FCPA violations, including bribery payments to government officials in Mexico, failure to keep accurate books and records and inadequate internal accounting controls. In this Episode, Michael Volkov discusses the WAC SEC settlement.

Ten Essential Steps to Take Now to Advance Corporate Board Governance (IV of IV)

Ten Essential Steps to Take Now to Advance Corporate Board Governance (IV of IV)

Corporate board members face increasing risks.  Federal prosecutors are watching their behavior when corporate malfeasance occurs.  Regulators focus on the important issue of board governance.  Shareholders are ready to file derivative suits at the drop of a hat when corporate misconduct occurs. An effective corporate board can bring about significant results – improved financial performance, effective ethics and compliance, a positive corporate culture and a...

Challenges for Board Decision-Making (Part III of IV)

Challenges for Board Decision-Making (Part III of IV)

Corporate boards face serious challenges – business disruption from the pandemic and a slowing global economy.  Directors have to focus on these two issues for at least the next 12 months.  But the issue plate contains other significant risks.  Three out of five directors have identified cybersecurity as a significant risk along with the current crisis climate.  The impact from a cyber-event is significant and...

Corporate Board Diversity: A Slow Train Moving (Part II of IV)

Corporate Board Diversity: A Slow Train Moving (Part II of IV)

Corporate board diversity continues to increase slowly – and I mean slowly.  For United States companies, corporate boards are far behind their foreign counterparts.  California has imposed a minimal requirement that every public company must reserve at least one board seat for a female director.  Norway, Spain, France and Iceland have legal requirements that women comprise at least 40 percent of boards at public companies. ...