The FCPA Guidance contains many important compliance reminders which should be incorporated into every anti-corruption compliance program.  Perhaps the most important observation included in the FCPA Guidance was the statement that: DOJ and SEC have often encountered companies with compliance programs that are strong on paper but that nevertheless have significant FCPA violations because management has failed to effectively implement the program even in the...

We can all agree on one thing – Lance Armstrong is a disgrace.  I have never seen a more pathetic performance of contrition, riddled with lies, and confirmation of a true sociopath. His public relations strategy was a disaster.  It is hard to know who to blame but perhaps it was an impossible assignment.  There was no way to take a sociopath and make him...

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To restate the obvious, hospitals operate in a risky environment.  They face a variety of risks and a blanket of government regulations.  You have to admire the Chief Compliance Officer at a hospital.  They learn to live with these risks. In response to our new Internet age, the government has prioritized protection of privacy and consumer data. In the healthcare industry, this is not a...

The FCPA world is fast-becoming the leader in new compliance strategies.  The Justice Department and the SEC have embraced the requirement for conducting “proactive audits.” Recent settlements have included new compliance program requirements for a company to conduct proactive audits of high-risk areas.  It is a new and growing area for anti-corruption compliance. The concept of a “proactive” audit, however, is nothing new.  The strategy...

It is hard to know whether the government’s aggressive enforcement of insider trading laws deters criminals from violating securities laws. One key factor in this equation is the risk of getting caught. The Obama Administration can certainly point to an increase in enforcement – civil and criminal.  Judges have been handing out stiff sentences for insider trading. The 1980s were the so-called glory years of...

When: January 22, 2013, 12 Noon EST Sign Up HERE The Department of Justice and the Securities Enforcement Commission have issued important guidance on compliance with the Foreign Corrupt Practices Act. The message to every business was clear — if you adopt and implement an “effective” compliance program, you will receive significant credit for your program which can reduce a penalty, avoid a corporate monitor,...

Many people ask “Why do I need a lawyer?”  Candidly, sometimes it is hard to answer that question.  (I often ask myself the same question). On a more “sophomoric” note, I often think of the attorney-client privilege as the “cone of silence” often used by Agent 86, Maxwell Smart, when talking to the Chief.  Hopefully, the attorney-client privilege works a little better than the old...

I always like to make predictions at the beginning of each year. My track record is plus and minus – sometimes on target, sometimes off-target. The biggest story in the last five years has been the rise of FCPA enforcement.  That story was eclipsed last year by the LIBOR scandal, AML/Sanctions enforcement, off-label marketing and criminal antitrust enforcement. Looking ahead, I do not expect much...

Healthcare suppliers and service providers live in a regulated world.  They are constantly under audit scrutiny.  Sometimes federal agencies (i.e private contractors) conduct the audits; other times state agencies conduct the audits.  The audits also vary in focus – claims, coding, privacy, and compliance.  The industry is constantly being audited.  For the next four years, healthcare companies can expect more audits, more risks and potentially...