Life is filled with consequences. As our parents told us (and we repeated to our own children), “Your decisions have consequences.” I am a bit reluctant to start a blog series on internal investigations with a childhood motto, but when the shoe fits, you wear it (as the saying goes). When conducting an internal investigation, there are so many pitfalls and potential miscues that can...
The field of economics is often criticized for failing to have relevance to business realities. One important concept I recall was the difference between “short run” and “long run.” Businesses act different over the short run than they do over the long run. This concept, however, has little to do with today’s business world. The concept of long run has little application to today’s economy. ...
Webinar: May 21, 2014, 12 Noon EST Designing Cost-Effective Risk Assessment Programs Sign Up Here The foundation of every anti-corruption ethics and compliance program is a risk assessment. It is important to design and implement a process to conduct an initial risk assessment, to update the risk assessment, and to ensure that you maintain an accurate relative risk-ranking system. A current risk assessment is critical...
Last year, when Chinese officials launched a broad prosecution of GSK and other drug companies for bribery, multinational companies shivered in fear. Company officials were worried that they could fall under Chinese law enforcement scrutiny. China is not known for promoting due process in its criminal justice system. Much of its enforcement is shrouded in mystery and alleged criminals sometimes disappear for periods of time....
The Justice Department warned everyone – they are going to prosecute more individuals for criminal violations of the FCPA. DOJ has backed up its warning. Everyone should expect more criminal cases against individuals. Last year was the year of the criminal prosecution of individuals for FCPA violations. This year will be another banner year for individual criminal prosecutions. Eleven individuals have been indicted this year,...
Today we have a guest post from Lauren Connell, Managing Associate from The Volkov Law Group. Her profile is here. As anyone in the compliance field knows, one of the cardinal rules of internal investigations is impartiality. The people conducting an internal investigation need to be independent, not beholden to anyone involved in the matter. One of the essential steps you take in an investigation...
Chief Compliance Officers should take notice – the Treasury Department’s Financial Crimes Enforcement Network is proposing to fine Moneygram’s Chief Compliance Officer for Moneygram’s failure to police transactions for illicit activity. The CCO faces a potential fine of up to $5 million. A potential fine against a CCO who played a role in Moneygram’s anti-money laundering failures would be unprecedented but may be justified in...
We all like organized lists. Short and sweet is easier to understand and ignore nuances. Even in our FCPA world, we track settlements by a top-10 lost. The concept of a top-10 predated David Letterman’s top-10 lists, and even radio show top-100 countdowns and other fun listings. The top-10 list of FCPA settlements seems a little antiquated these days. When the Siemens settlement was announced...
The Marx Brothers’ movies will live in infamy – they were hilarious, creative, and always relevant. One of my favorites was A Day at The Races, and the scene that applies with force to FCPA enforcement – Chico was scamming Groucho by selling Groucho a number of books and manuals needed to calculate the winning horse for a race. Chico was selling the books under...
We all have “fond” memories of lying as a child. Our backs were against the wall, and we were forced to admit we had done something wrong. Our parents almost expected us to lie about our bad behavior. In the end, we did not have to pay a very big price. Fast forward to our teenage years, and we lied again – this time with...
