Now that the dust has settled on this turbulent campaign season, everyone is in the prediction game, especially when it comes to FCPA enforcement. It is easy to make predictions of significant change. It is easy to take campaign rhetoric and assume that such rhetoric will result in quick and immediate change. As a veteran of transfers of power (being an old D.C. lawyer), I...
I was honored to participate in a webinar yesterday with Farzad Barkhordari, President of Workplace Answers, in a webinar on how to tailore your training to your company’s risk profile. YTou can watch teh recording HERE. When building a compliance program, you need to focus on your organization’s specific risks. To do that effectively, you’ll need a method for identifying your relevant risks, as well...
I am honored to participate in a new compliance podcast, started by Tom Fox, the Compliance Guru, and including myself, Matt Kelly, Jonathan Armstrong and Jay Rosen. We recorded our first episode at the SCCE;s annual meeting in Chicago. With Tom’s leadership, we have decided to begin a regular series. Here is a link to our first episode — HERE. Thanks to Tom, Jay, Matt...
Rescheduled Webinar: Rising Government Expectations for Compliance Programs November 18, 2016, 12 PM EST Register HERE I apologize for postponing and rescheduling this webinar. The Justice Department has made it clear that companies have to design and implement effective compliance programs. Recent enforcement actions have highlighted weaknesses in corporate compliance programs. The Justice Department and the SEC have focused on weaknesses in due diligence,...
I hate to be the harbinger of bad news; that is against my nature; I am naturally an optimistic person. As I always say, there are solutions to every problem. Many companies have responded to third party risks and built effective risk management programs. It is perhaps one of the most significant changes in the compliance landscape – third parties create significant risks and companies...
Everyone likes to cite and talk about the list of horrible scandals. Whether it is Enron, WorldCom, Siemens, GM, VW, Wells Fargo, we pick through the details, cite failures and use it as a springboard to a discussion of higher ideals and performance. Call it a reminder of worst-case scenarios. The rise in the chief compliance officer is based on the need for corporations to...
In a speech last week, Criminal Division Assistant Attorney General Leslie Caldwell touted the success of the FCPA Pilot Program. Her speech is available here. AAG Caldwell outlined the success of the FCPA enforcement program, listing many of the most significant enforcement actions, including the recent Och-Ziff and Embraer resolutions. Since 2009, the Justice Department has resolved criminal cases with approximately 65 companies, resulting in...
Lauren Connell, Managing Associate at The Volkov Law Group, joins us again for a posting on ISO 37001. Lauren can be reached at [email protected]. Ten years ago the standard anticorruption policy was nearly exclusively FCPA-focused. DOJ and SEC enforcement actions were the primary, if not the only, concern for corporate executives and board members. The UK Bribery Act of 2010 forced a shift and now...
While reading the Embraer settlement documents, I read over the facts implicating a senior legal executive and his/her involvement in the Embraer bribery scheme. Truthfully, I had a slight gasp as I read about a fellow lawyer crossing the line – from lawful to unlawful. Not only did the Embraer legal executive know about the bribery scheme, the executive was the one who came up...
The Embraer FCPA settlement action contains a number of important lessons learned and compliance reminders. In several significant respects, the Embraer case confirms in several areas why proactive compliance programs are important to prevent and detect possible bribery schemes. Given the length of the Embraer investigation, we can only hope that many compliance programs have moved beyond the deficiencies highlighted in the case. Nonetheless, there...
