Corruption, Crime & Compliance

Featured Articles:

20 Nov, 2017

Internal Investigations: Protecting the Attorney- Client Privilege

I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons, especially the attorney-client privilege. In the context of corporate internal investigations, the attorney-client privilege is an essential tool when conducting internal investigations involving serious issues. I am...

General

19 Nov, 2017

Making the Case for Requiring Beneficial Ownership Information

In this era of aggressive enforcement, global companies have to integrate beneficial ownership requirements when conducting due diligence of business associates and when engaging customers. For most businesses, beneficial ownership is critical in two main legal contexts: sanctions compliance and FCPA risk. Both of these areas present significant risks to any US company conducting business overseas, regardless of what industry. Of course financial institutions face...

Podcasts

19 Nov, 2017

Episode 11 — Seven Individuals Charged with FCPA Criminal Violations

In a watershed week for FCPA enforcement, the US Department of Justice announced FCPA criminal charges against seven individuals. Specifically, the Justice Department announced four guilty pleas and one indictment as follow on prosecutions to the January 2017 Rolls Royce FCPA enforcement action, and two guilty pleas in a yet to be announced enforcement action against SBM Offshore. The Justice Department’s unprecedented week underscored that...

Events

17 Nov, 2017

Global Antitrust Enforcement Risks and Compliance Programs

Wednesday, November 29, 2017 12 noon EST Sign Up Here Global antitrust enforcement programs create significant risks for global companies. In the United States, criminal antitrust risks are significant for companies and individual officers and managers. Global companies can suffer fines, reputational damage and related collateral litigation. Compounding these risks is the mature international antitrust enforcement programs that increase financial and reputational risks. Global antitrust...

General

16 Nov, 2017

Putting Ethics Back Into Compliance (Part IV of IV)

My final posting on this week’s ethics series is a call to action for all compliance professionals. Every compliance officer should insist on and embrace a title – “Chief Ethics and Compliance Officer.” Some larger organizations have a separate ethics officer, and I am not suggesting to merge the positions. Every company should have a chief ethics officer, either as a separate function or as...

General

15 Nov, 2017

Six Specific Areas to Embed and Promote Business Ethics (Part III of IV)

The challenge for corporations is to build practical approaches to business ethics and its specific corporate values. Business ethics as a field is all well and good but we need to start sharing specific and practical strategies to infuse our day-to-day conduct and advance our corporate performance. In doing so, I am not so limited nor naïve to suggest that the only measure is corporate...

General

14 Nov, 2017

Trust and Integrity – Bedrock of Corporate Sustainability (Part II of IV)

Here is another profound grasp of the obvious – all companies need to make a profit. However, as companies begin to focus on long-term performance rather than short-term quarterly objectives, innovative leaders believe that profitability can be achieved without sacrificing social, environmental and moral considerations. To the contrary, the long-term success of a business may only thrive when it reflects the needs of its stakeholders...

General

13 Nov, 2017

Business Ethics, Values and Personal Ethics (Part I of IV)

This week I am examining in a four-part series the issue of business ethics in an attempt to provide practical approaches to business ethics to help build and promote a company’s culture. As more attention is paid to the importance of an ethical culture, I wanted to first offer some general observations. The field of business ethics is thick with definitions, moral arguments and theoretical...

Podcasts

12 Nov, 2017

Episode 10 — How to Conduct a Risk and Compliance Program Assessment

An effective ethics and compliance program requires a careful assessment of risks and existing controls. In order to design and implement an effective program, a chief compliance officer has to identify and prioritize company risks. In addition, a CCO has to review and understand how existing compliance controls mitigate existing risks. A risk assessment is the foundation of a compliance program, but has to incorporate a...

General

12 Nov, 2017

The FCPA Week That Was — Seven Individuals Charged for FCPA Violations

To all the “nattering nabobs of negativity” concerning FCPA enforcement, the US Justice Department responded with a resounding message – not only is FCPA enforcement here to stay, but individual violators are on DOJ’s radar screen. In an FCPA enforcement week like no other, the Justice Department unveiled a total of seven charging documents (indictments or informations) for FCPA violations, five arising from the Rolls...