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DOJ and CFTC Close Out Slow FCPA Enforcement Year with $98 Million Resolution with Freepoint Commodities LLC (Part I of II)

DOJ and CFTC Close Out Slow FCPA Enforcement Year with $98 Million Resolution with Freepoint Commodities LLC (Part I of II)

The Justice Department’s FCPA enforcement record for 2024 was slow.  This  trend was unexpected, contrary to my own predictions and of various other prognosticators.  It is hard to explain why this slowdown occurred. DOJ’s record is hard to square against DOJ official speeches, statements and policy changes, which all were premised on an expectation of increased enforcement over prior years.  In its last FCPA enforcement...

Top Compliance Reminders from 2023 FCPA Enforcement

Top Compliance Reminders from 2023 FCPA Enforcement

While 2023 was a relatively slow year in FCPA enforcement, the DOJ and SEC settlements announced throughout the year set out a list of important ethics and compliance reminders. While these may seem obvious to everyone, I hope they stimulate further reflection and analysis to inform FCPA compliance practitioners as they prepare for the next year. Third-Party Risk Management:  DOJ and the SEC FCPA enforcement...

2023 FCPA Year in Review — Questioning the Tea Leaves and Trends

2023 FCPA Year in Review — Questioning the Tea Leaves and Trends

FCPA trends often are relatively easy to describe and often overblown as a marketing technique by the usual cast of paparazzi suspects.  (Self-proclaimed prognosticators that often push incorrect themes to promote business, or those that restate profound grasps of the obvious).  2023 has been a strange year in a number of respects — socially, politically and even in the small universe of DOJ enforcement and...

Congress Passes Foreign Extortion Prevention Act in Effort to Address “Demand-Side” of Foreign Bribery Equation

Congress Passes Foreign Extortion Prevention Act in Effort to Address “Demand-Side” of Foreign Bribery Equation

This article was jointly authored by Alexander J. Cotoia, Regulatory Compliance Manager at The Volkov Law Group, and Daniela Melendez, Associate at The Volkov Law Group. Alexander and Daniela may be reached at their respective email addresses of [email protected] and [email protected]. On December 14, 2023, Congress passed the Foreign Extortion Prevention Act (“FEPA”) in an effort to address certain deficiencies inherent in the current iteration...

New Executive Order Expands Treasury’s Authority to Impose ‘Secondary Sanctions’ on Foreign Financial Institutions Involved in Russian Federation Activities 

New Executive Order Expands Treasury’s Authority to Impose ‘Secondary Sanctions’ on Foreign Financial Institutions Involved in Russian Federation Activities 

Alexander J. Cotoia currently serves as the Regulatory Compliance Manager at The Volkov Law Group, where he regularly advises the firm and its clients on the latest developments implicating trade compliance concerns. He may be reached at [email protected]. On December 22, 2023, President Joseph R. Biden, Jr. issued an executive order—”Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities”—that subjects certain foreign financial institutions...

Episode 303 — Deep Dive into HHS-OIG Compliance Guidance

Episode 303 — Deep Dive into HHS-OIG Compliance Guidance

In November 2023, HHS-OIG issued a comprehensive document, the General Compliance Program Guidance (“GCPG”), which outlines important compliance guidance for the healthcare industry. The GCPG provides specific guidance on compliance with the Federal anti-kickback statute (“AKS”), the Physician Self-Referral Law (“Stark Law”), the False Claims Act, HIPAA Privacy and Security, Exclusion Authorities, and Criminal Healthcare Fraud. Aside from this important compendium of statutory and regulatory...

OFAC Bolsters Russian Oil Price Cap Record-Keeping Requirements in New Round of Sanctions

OFAC Bolsters Russian Oil Price Cap Record-Keeping Requirements in New Round of Sanctions

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has renewed its commitment to squeezing Russia’s oil proceeds, releasing updated guidance with enhanced attestation and record-keeping requirements for maritime shipping operators and other industries that participate in the transport of Russian oil. OFAC also announced sanctions against several firms operating in apparent violation of the Price Cap. The Price Cap Policy is...

Diligent Webinar 01/16—Elevating Ethics: A Deep Dive into Modern Slavery Regulations for Compliance Leaders

Diligent Webinar 01/16—Elevating Ethics: A Deep Dive into Modern Slavery Regulations for Compliance Leaders

Join Diligent and The Volkov Law Group for a webinar on January 16, 2024 that explores the complexities of modern slavery and human rights compliance within the realm of third-party risk management. As organizations face heightened scrutiny and increasing expectations to uphold ethical standards, understanding and navigating the evolving legal landscape is paramount. Alexander Cotoia, Regulatory Compliance Manager at The Volkov Law Group will guide...

HHS-OIG Guidance — Practical Steps to Achieve Effective Compliance (Part III of III)

HHS-OIG Guidance — Practical Steps to Achieve Effective Compliance (Part III of III)

Within the specific element discussions in HHS-OIG’s Guidance, are important operational details and strategies for an effective compliance program.  GCPG provides important suggestions and innovations for consideration by all compliance professionals. Effective Lines of Communication The GCPG stresses the importance of an open line of communication between the compliance officer and entity personnel as a means to reduce potential fraud, waste and abuse.  To this...

Happy Holidays And Happy New Year!!

Happy Holidays And Happy New Year!!

To all our clients, family, friends and colleagues, The Volkov Law Group wishes everyone Happy Holidays and Happy New Year! Our blog, webinar and podcast services will resume on January 3, 2024. In the meantime, we wish everyone peace, gratitude. joy and love!! Mike, Matt, Alex, Sam, Daniela and Ben!!