New Episode — Everything Compliance: Will the Astros Repeat Edition?
A new episode of Everything Compliance has been posted. Please join Tom Fox, Matt Kelly, Jonathan Armstrong, Jay Rosen and myself. Here is a link to the episode.
Featured Articles:
Internal Testing and Monitoring of a Compliance Program
Compliance is a dynamic subject and a profession that “never sits still.” Compliance professionals are always developing new ideas, strategies and approaches to solve problems, and increase efficiency and effectiveness. It is a fast-growing profession that is quickly gaining greater acceptance as a critical member of the corporate governance team. As compliance gains a greater foothold, compliance professionals hopefully will gain access to increased resources. ...
Cryptocurrencies, Blockchain and Ponzi Schemes
When you read and learn about cryptocurrencies (e.g. Bitcoin, Ripple, Ethereum), there are some commentators, politicians and others who characterize cryptocurrencies as a “Ponzi” scheme. Some countries have banned cryptocurrencies. The issue of cryptocurrencies, like many other issues, is nuanced, and not so dogmatic. As I like to say, there are benefits and there are risks. Let’s address a number of the risks and lay...
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...
