International enforcement of corruption laws is increasing but far slower than many predicted.  As anti-corruption law enforcement increases, companies and individuals face the risk of a multi-jurisdictional nightmare:  when a company has to pay fines in multiple jurisdictions for a single bribery scheme, or an individual may be subject to multiple punishment for the same conduct.  This possibility could become a reality.   Practitioners will...

The healthcare industry has a long history of innovative compliance policies and strategies.  The government’s role in the healthcare industry is going to grow even more after 2014, when a number of Obamacare provisions are triggered.  For healthcare companies, regulation and enforcement will increase. The government’s enforcement programs are focused on civil False Claims Act cases and criminal fraud cases.  The government’s success in both...

Italy is a popular destination for tourists and those seeking connection with their Italian roots.  (I confess—I married a beautiful and wonderful woman from Sicily, so I am a little biased).  Europeans love to travel to Italy during their lengthy vacations.  Americans look for family connections while touring Italy – everyone has Italian relatives in some village. When it comes to Italian politics, people avoid...

After years of litigation and twists and turns, Mr. Bourke finally entered jail to serve his one year and one day sentence.  Whatever you may think about the facts of the case, we can all agree on one thing – the result certainly would have been different if Mr. Bourke had a compliance officer at his side.  It is interesting to think about the facts...

Compliance programs depend on accurate and timely information.   AML compliance centers on sifting through thousands of transactions and matching them against risk profiles.  The result of that process is a focused examination of transactions and identification of suspicious transactions. Financial institutions have to create a customer risk profile against which they can measure specific transactions as they occur.  This customer profile is used as...

I often use sarcasm to make the point that compliance solutions are just a profound grasp of the obvious.  It is a little simplistic. On the other hand, compliance can become a little too complex.  People like to come up with “sophisticated” techniques and phraseology to demonstrate they are “compliance thinkers.”  Compliance professionals who wrap themselves in complexity are usually hiding from their own personal...

When I was growing up (and probably for generations), every proud parent wanted their son or daughter to go to medical school.  With the increasing role of government in healthcare and the changing economics, the profession has lost a bit of its luster. Federal prosecutors are creative when it comes to developing new criminal enforcement initiatives.  Over the years, federal prosecutors have taken civil laws...

Pharmaceutical and medical device companies have enough to worry about when it comes to enforcement risks.  It is only in the last ten years that FCPA enforcement has been added to their list of worries. With the increase in FCPA enforcement, pharmaceutical and medical device companies have to worry about a number of interactions between their staff and foreign doctors, and foreign healthcare officials.  Drug and...

One of my favorite Seinfeld episodes is “The Opposite” when George decides to do the opposite of his natural inclination, and lo and behold, his life suddenly improves.  There are days when we all feel like George Costanza. Compliance professionals and lawyers apply this same principle to FCPA criminal liability.  (What a transition, huh!) When it comes to avoiding criminal liability, I often use the...