DOJ’s criminal enforcement of the FCPA was the story of the second quarter of 2013.  DOJ’s splash was so big on criminal enforcement that it overshadowed DOJ and SEC’s continuing enforcement of the FCPA against corporations. Whether you favor or oppose DOJ and SEC’s use of DPAs and NPAs, FCPA enforcement actions in the second quarter of 2013 resulted in fines, compliance requirements and even...

Let me remind everyone about the FCPA doomsayers – those who were worried and fretted over the absence of FCPA enforcement actions in the first quarter of 2013.  Remember the articles which wondered about the FCPA “slowdown” or whether DOJ prosecutors were gun shy after the Shot Show debacle.  Well, DOJ has put an end to all of these misguided prognostications. It is clear that...

Webinar – FCPA Compliance Programs: A Review of Best Practices July 9, 2013 12 Noon – 1 PM EST Register: Here  In response to aggressive FCPA enforcement, the compliance industry has embraced innovative strategies and tools. As companies increase resources for compliance programs, it is important to stay abreast of industry best practices. Join Michael Volkov, CEO of The Volkov Law Group, for an examination of...

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...