We have some new vernacular to bring into the compliance arena — companies need to address risks of interacting with cartels and transnational criminal organizations (TCOs).  Companies need to understand the laws used to designate cartels and other organizations as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs). Under current criminal and sanctions laws, FTOs and SDGTs create criminal and civil risks for...

Are You Ready for the Next Wave of Corporate Risk? Corporate risks are shifting, and every board, C-suite, and compliance team must take a fresh look at their risk landscape. While some risks like cybersecurity, data privacy, and artificial intelligence remain high priorities, others—such as anti-corruption and antitrust enforcement—are evolving in unexpected ways. With regulatory changes and new enforcement priorities emerging, businesses must stay ahead...

The scope of new import tariffs and regulations portends significant operational risks and disruptions.  It is easy to imagine numerous companies that depend on imports for production purposes are facing a new set of challenges.  This is when companies are at risk of significant disruptions.  However, let us hope that many companies are prepared — the disruption caused from the 2020 Pandemic challenged companies to...

We live in a topsy-turvy world.  This is an exaggeration but sets up my points in this blog post. We are now seeing the shuffling of corporate risks and every board, C-Suite and legal, compliance and risk management team has to take a hard look at your company’s risks and reassess and re-rank them. Initial Review Some basic business and technology risks will stay the...

What happens when an entire era of anti-corruption enforcement is put on pause? Is this a strategic move to bolster American businesses or a dangerous rollback of corporate accountability? In an unprecedented move, the Trump administration has hit the brakes on FCPA enforcement for at least 180 days, citing concerns over U.S. economic competitiveness and national security. In this episode of Corruption, Crime, and Compliance, Michael...

The dust is settling and for all the drama surrounding the Trump Administration’s refocus on FCPA enforcement, the picture is becoming a little bit clearer.  When cooler heads prevail, it is much easier to pick through the relevant issues and prioritize the issues and analysis. First, we need to put this in perspective.  From a much larger viewpoint, the FCPA pause has to be considered...

As we continue through the maze of Executive Orders and new Guidance, which is expected in 180 days, the questions surrounding FCPA enforcement are swirling.  In some respects, we have had a preview.  It is hard to know what will happen beyond some basic points. Let’s start with last week’s memo issued by Attorney General Bondi, which was entitled — Total Elimination of Cartels and...

What an amazing turn of events? — Who would have predicted that the Trump Administration would take such a bold action in the name of advancing “American Competitiveness.” I admit I did not see this coming — the Trump Administration during the first term had an aggressive record of FCPA enforcement. We all expected that to continue. Boardrooms, C-Suites and Legal/Compliance professionals are stunned.  How...

In an unprecedented action, the Trump Administration pushed the button and ended FCPA enforcement, at least for 180 days, until new guidance is issued by the Department of Justice.  The White House’s announcement seemed to take everyone by “surprise” but in the end was “expected” in light of recent announcements coming from Attorney General Bondi. The President’s Executive Order In an Executive Order that appeared...

In an unprecedented and surprising set of actions, the new Attorney General Bondi issued eleven new, internal directives for the Department of Justice.  The new Directives are available HERE. Immediately after her confirmation and swearing in, AG Bondi issued 14 separate directives that hit the Justice Department with significant changes in policy and priorities.  Eliminating Internal Discriminatory Practices: Following President Trump’s Executive Order, Ending Illegal...