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Coming Soon — More Wiretaps for More White Collar Crimes

Coming Soon — More Wiretaps for More White Collar Crimes

The recent Raj Rajartnam verdict demonstrated that wiretap evidence is compelling evidence against defendants.  No wonder prosecutors will use more and more wiretaps to build white collar cases. Let’s brush aside one issue — wiretaps to investigated white collar crimes will rarely, if ever, be prohibited as a matter of law under current statutes.  Wiretapping is authorized for wire fraud and almost every white collar...

The Need for Corporate Compliance Committees

The Need for Corporate Compliance Committees

It is hard to move businesses in different directions.  I like to use the analogy of turning a ship around — it takes time, dedication and a steady hand. Corporate governance is shifting again.  We had the revolution of Sarbanes-Oxley in the early 2000s and now we have a new movement afoot.  It is no coincidence that aggressive changes in white collar enforcement coincide with...

Is the SFO Getting Ready to Flex its Muscles?

Is the SFO Getting Ready to Flex its Muscles?

With the UK Bribery Act becoming effective in less than 24 hours, companies are holding their breath.  Will the SFO seek to make a splash by arresting individuals with perp walks on camera?  Or will the SFO quietly but methodically build its caseload, and assert is enforcement position as a major player in the anti-corruption area? Part of the problem in answering these basic questions...

T-Minus 32 hours and Counting — The UK Bribery Act Becomes Effective

T-Minus 32 hours and Counting — The UK Bribery Act Becomes Effective

The  longest pre-game show in history is drawing to a close.  The new world will shortly be upon us.  Will the UK Bribery Act be a game-changer or will it fizzle out like Y2K? Everyone has their predictions; everyone has their focus and emphasis. The critical issue in my view is prosecutorial discretion.  Criminal laws can be interpreted, stretched and designed to fit to a...

A Cold Wind Blows in from Canada: Niko Pleads Guilty to Bribery

A Cold Wind Blows in from Canada: Niko Pleads Guilty to Bribery

As companies prepare for the upcoming effective date of the UK Bribery Act, a new shot was heard around the world — Canada has now entered into the global anti-corruption world with an enforcement action of its own. Canada has been the subject of international criticism for failing to enforce its Corruption of Foreign Public Officials Act (CFPOA) since its enactment in 1991.  The CFPOA...

Managing Risk in These Heady Days of Enforcement

Managing Risk in These Heady Days of Enforcement

We all tend to become focused on the details of anti-corruption enforcement and compliance. But for Board members and senior management, the focus has to be more holistic – some people like fancy terms such as “risk governance,” but common sense defines it as a “holistic” approach to compliance. We all know the risks and the impact that enforcement actions can have on a company...

A Letter from Sicily

A Letter from Sicily

Even bloggers need a break once in a while.  My wife and I are in Sicily in her native city of Marsala.  Turquoise waters, delicious cuisines and magnificent sites. Of course, we have visited her 100+ relatives and are attending a beautiful wedding tomorrow. The Italian economy has been hit hard by the war in Libya, reducing trade and international access to markets.  Unfortunately, the media does not cover...

The State of Compliance: A Fresh Look

The State of Compliance: A Fresh Look

One of the most popular blog entries I have written in my young blogging career was about the future of Chief Compliance Officers which was entitled “Chief Compliance Officers: The Evolving Picture.”  (A link is HERE.) I received a number of comments about the entry and I wanted to take a fresh look at some of the issues. I am continuing to work with companies dedicated...

The Voluntary Disclosure Process and the Lack of Transparency

The Voluntary Disclosure Process and the Lack of Transparency

 DOJ’s Voluntary Disclosure Process  For those who are tired of hearing me complain about the Justice Department’s voluntary disclosure process and the FCPA, I can understand if you want to change the TV channel and watch Tom Fox or Dick Cassin or Professor Koehler. With all of the complaints circling DOJ and its enforcement of the FCPA, one of my pet peeves continues...