Corruption, Crime & Compliance

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10 Apr, 2017

The Axe Falls on Wells Fargo – A Scathing Independent Report (Part II of III)

In a scathing report (available here), the independent directors at Wells Fargo released their findings and actions based on a comprehensive internal investigation of Wells Fargo’s sales abuses. Based on its findings, Wells Fargo’s independent board took steps to clawback an additional $75 million from former CEO Stumpf and head of Community Banking Carrie Tolstedt for sales abuses resulting from the sales incentives program. The...

General

9 Apr, 2017

Can Wells Fargo Fix its Defective Culture? (Part I of III)

The more you learn about Wells Fargo’s culture problems, the more difficult the problems become. But you have to start somewhere, and assuming that Wells Fargo really is committed to addressing the serious problems they face, this will take a long time and a lot of work. Wells Fargo is really at the early stages of a massive remediation project. The board has essentially taken...

General

5 Apr, 2017

A Money Laundering Nightmare: Western Union Ponies Up $770 Million to Settle with DOJ, FTC and FinCEN

Earlier this year, in January 2017, Western Union entered into a Deferred Prosecution Agreement with the Justice Department and the FTC, and agreed to pay $586 in forfeiture to settle anti-money laundering and consumer fraud violations. At the same time, Western Union agreed to pay $184 million in civil monetary penalties for AML violations. The Western Union prosecution sends an important reminder to financial institutions,...

General

5 Apr, 2017

New White Paper — Online Compliance Training: Making the Right Choice

I am pleased to announce with our sponsor, Workplace Answers, the release of a new white paper, Online Compliance Training: Making the Right Choice. You can download the white paper here. My white paper analyzes the steps that companies should take to maximize the benefits of online training programs as an important part of a company’s overall training and communications program. In this white paper,...

General

4 Apr, 2017

A Strategy for Non-Disclosure of FCPA Violations

We all understand that issues are not black and white, meaning there are areas of gray when analysis and cost-benefits need to be weighed. Lawyers are regularly identifying legal risks and applying such risks to specific courses of action. Depending on the countervailing considerations, lawyers can recommend moving forward in the face of a specific risk. Much has been written (including on this blog) about...

Events

4 Apr, 2017

Webinar: Ten Essential Elements of a Third Party Risk Management System

Ten Essential Elements of a Third Party Risk Management System Wednesday, April 19, 2017, 12 Noon EST Sign Up HERE The Justice Department and the SEC require companies to implement effective third party risk management programs. The Justice Department and the SEC, through their respective enforcement actions, policy speeches, and compliance guidance have set forth important requirements for a third party risk management program. In...

General

4 Apr, 2017

Human Trafficking and Smuggling – A Compliance Requirement

The problem of human trafficking and smuggling is staggering when you consider the human impact behind the numbers. Human trafficking is a $30 billion industry annually. There are more people in slavery today than at any time in history. One in five victims of human trafficking are children, while in certain regions of Africa and Asia, they comprise a majority of trafficked persons. Women constitute...

General

2 Apr, 2017

AML Enforcement and Compliance Trends

Law enforcement focus on anti-money laundering appears to be increasing. While the last ten years has seen a marked increase in AML regulatory obligations, the new administration is likely to return to some of the more “traditional” AML enforcement programs, such as terrorist financing, organized and transnational money laundering, tax evasion and other areas. The regulatory focus of enforcement will continue on beneficial ownership, shell...

General

29 Mar, 2017

FCPA Remediation Focus on Supervisory Personnel

The Justice Department’s FCPA enforcement and remediation focus on supervisory personnel is an interesting development. On the one hand, DOJ has been slow to bring individual criminal enforcement actions for FCPA violations. At the same time, they are flirting with a potential new enforcement approach – a criminal prosecution for circumventing internal controls without proof of bribery. However, FCPA prosecutors appear to be gun-shy after...

General

28 Mar, 2017

The Three Lines of Compliance Offense Versus The Three Lines of Compliance Defense

People crave simple solutions to complex problems. No, this is not a political statement, nor do I intend to wade into politics. This statement applies across the board – to business, compliance, government, and other institutions. We all want to understand difficult issues and to gain that understanding without the hard work that is required to learn a complex issue, consider alternatives, and develop possible...