Stryker Corporation has suffered a second FCPA enforcement action, and will now bear the stigma of FCPA “recidivist.”  In reaching a settlement with the SEC and agreeing to pay a $7.8 million civil penalty, Stryker will now be subject to an SEC-imposed compliance monitor.  (Here). Stryker’s recent set of violations surrounded books and records violations and deficient accounting and compliance controls in India, China and...

Donna Boehme is our guest on this week’s podcast.  She is an advocate for an independent, and empowered Chief Compliance Officer. Donna is an internationally recognized authority in the field of organizational compliance and ethics with over 20 years’ experience designing and managing compliance and ethics solutions, within the US and globally. As Principal of Compliance Strategists LLC, she has advised a wide spectrum of private,...

Traditionally, businesses were able to prepare for changes in laws and regulations in advance by monitoring legislative and regulatory actions in Washington, D.C. and relevant state capitols.  Agencies would initiate rulemakings and give notice to interested parties of new or changed rules. Congress would consider legislation and it would be subject to some kind of “regular order” or process.   In the “good old days,” businesses...

Webinar: The False Claims Act — Enforcement Risks and Compliance Trends Tuesday, October 10, 2018 Sign Up Here Companies in the defense and healthcare industries face significant risks from False Claims Act prosecutions and litigation. The Justice Department has an impressive record of annual recoveries totaling over $2 billion. A vibrant whistleblower community and legal practitioners create significant risks for companies in these industries. To...

Karin Sweigart, a senior associate from The Volkov Law Group, joins us for a posting on compliance and recruiting women.  Karin’s profile is located here.  She can be reached at [email protected]. With unemployment near record lows (3.9% according to the Bureau of Labor Statistics) more businesses are struggling to recruit the talent they need in the  market. HR professionals know they need to be more...

The Department of Treasury’s Office of Foreign Asset Control (“OFAC”) recently announced the settlement of the Epsilon enforcement action.  (Here).  This case requires a theme song and there is none better than Truckin (here) from Grateful Dead’s second compilation album — What a Long Strange Trip its Been. This case involved two separate OFAC investigations for violations of the Iran Sanctions Program, an appeal to...

Matt Stankiewicz, a senior associate at The Volkov Law Group, rejoins us for another posting on cryptocurrency.  He can be reached at [email protected]. As we have continued with our cryptocurrency posts, we are often asked questions about the foundational elements of the technology behind cryptocurrency.  This is not surprising really, it’s a new technology that’s still finding itself and innovations are occurring monthly, if not...

Since 2014, the United States has put into place a comprehensive set of sanctions against Russia.  In response to Russia’s annexation of Crimea and its hostile activities in the Ukraine, President Obama put in place a set of sanctions focused against various sectors of the Russian economy.  Since the Trump Administration came to power, Congress enacted additional sanctions, and the Department of Treasury adopted targeted...

His money is twice tainted: taint yours and taint mine – Mark Twain In a number of enforcement contexts, I am always struck by a common theme – crooks are able to obtain access to corporate money for improper purposes.  You never hear about a crook who uses his own money to pay bribes or secure any illegal advantage. Companies have to maintain vigilant financial...

When you read through the United Technologies SEC FCPA enforcement action, you cannot help but shake your head – the level of abuse and participation by senior managers in the UT companies – Pratt & Whitney and Otis Elevator is disturbing. As outlined in the SEC settlement, from 2009 to 2015, Pratt & Whitney and Otis Elevator improperly provided trips and gifts to various foreign...