Hospitals are under intense scrutiny.  The federal government knows that one sure way to reduce healthcare costs is to get hospitals to lower their costs.  Hospitals feel the pinch given the need to generate revenue but know that the federal government is looking over their shoulders to make sure everything is done right. Hospitals have a significant number of risks.  You have to sympathize with...

Contrary to former candidate Romney’s view of the world (“Corporations are people”), you cannot put a company in jail.  Try as you might, it just can’t be done. How to treat corporations in our criminal justice system is an interesting issue.  Some have even taken the position that corporate criminal liability is misdirected since shareholders are the ones who bear the brunt of any punishment...

It is time for everyone to take a deep breath.  The DOJ/SEC Guidance could not have been clearer.  The message to companies – stop devoting so much time to building, tinkering with, and monitoring their policies governing gifts, meals and entertainment. The Guidance reminded everyone that the government has never prosecuted any company for a single violation, or even a number of violations.  Instead, DOJ...

When you catch someone (e.g. a child, friend or business associate) in the wrong, it is interesting to watch their reactions.  (Notice I left out spouse or relationship partner – we all know our spouse or relationship partner is never in the wrong – just ask them).  I always look at their eyes and their mouth for tell-tale signs of guilt and remorse.  When confronted,...

You remember the corny song – “People who need people are the luckiest people in the world.” For a Chief Compliance Officer that saying is particularly important when it comes to third party risks.  CCOs need their internal auditors.  This relationship is even more important when it comes to third party risks. Internal auditors are important to third party risks at two important stages of...

It sounds easy on paper.  A company announces that it has banned all facilitation payments.  It is a worthy goal.  It sounds admirable. The FCPA permits facilitation payments.  The UK Bribery Act prohibits facilitation payments.  International anti-corruption treaties also ban facilitation payments. The enforcement of the UK Bribery Act remains a twisted mess while the SFO suffers from political oversight, scandals relating to departure/severance payments,...

FCPA enforcement in 2013 will result in some significant enforcement actions.  Trust me.  You can take this prediction to the bank. Chuck Duross, head of the FCPA Unit in the Justice Department, confirmed this position.  In his recent statement, Chuck indicated that 2013 will include some big settlements which are in the pipeline.  That makes sense. FCPA prosecutors were busy last year with trials and...

Here is a profound grasp of the obvious – compliance officers exist in a corporate organization. A  CCO’s success depends on others in the corporation. What is the lifeblood of a compliance program?  The answer – “vertical” information. You can build as many compliance policies, procedures, and programs as you want but without information the compliance program will die a certain death.  Without information, a...

Happily married couples like to renew their wedding vows.  It is a great celebration of love.  When you meet the spouse of your dreams, it is a wonderful ceremony.  I look forward to such an event with my wonderful wife, Rosetta. Things may not be so smooth when it comes to a company renewing its relationship with a third party.  Hopefully, it will be a...