Everyone in the compliance arena is tired of the refrain: document, document, document.  It is easy advice but difficult to implement on a consistent basis.  It is hard to justify the time and effort needed to document compliance steps when the risk appears to be remote.  Turning this equation around requires education, training and commitment.  Compliance professionals know when documentation should be required.  The question...

Sometimes the deck is stacked against you.  No matter what you do and how hard you try, you will lose.  In the healthcare area, hospitals, doctors and other service providers have to feel the frustration when it comes to the False Claims Act and potential liability for federal overpayments which they hold (or fail to return) for longer than 60 days.  Even when exercising good...

It is interesting to compare how the Justice Department handles compliance issues in different contexts.    The Justice Department, with the Office of Inspector General/Health and Human Services, enters into Corporate Integrity Agreements to prevent off-label marketing violations, anti-kickback and False Claims Act violations.  CIAs are very detailed and prescriptive, and are enforced by the OIG using administrative procedures.  The CIA is not filed in court...

Patrick Kellermann from LeClairRyan returns with a timely post on data security.  His profile can be viewed here. When people hear “data security” they think technical jargon: firewalls, passwords, encryption, yada, yada, yada.  They leave it up to “Nick,” the company computer guy (SNL reference), and quickly turn to the day’s pressing business matters.  Guess what, if your company handles individuals’ sensitive information in any...

Compliance professionals learn from each other.  Recently, I had the good fortune of meeting two experienced compliance professionals in Los Angeles for dinner and a thoughtful discussion.  I learned a lot from them at the dinner. One idea we discussed was a new model for compliance – embedding compliance professionals within business units of an organization.  Let me try and explain what I learned. Many...

Sometimes bloggers feel like they are howling in the night – is anyone really listening?  The universe can be amazing – Deepak Chopra talks about the “synchronicity of the universe,” meaning coincidences are not just coincidences. How does this esoteric principle apply to FCPA enforcement and compliance?  I have been “howling” for a long time about the problems with the Justice Department’s voluntary disclosure program. ...

It is hard to understand what is really going on these days with the Serious Fraud Office and the UK Bribery Act.  Here in the US, the Justice Department and Securities and Exchange Commission are clear about their intentions and many of their policies.  That makes the work of the FCPA Paparazzi a lot more interesting.  I feel sorry for the UK Bribery Act Paparazzi,...

New companies are often frenetic – the power of the idea is what motivates everyone.  The corporate culture is defined by creating a new organization around an idea.  The key motivation is to be successful. In this environment, compliance is never a priority.  That makes sense – if the company does not make money, the company will quickly die.  Compliance is irrelevant if there is...

Companies face difficult decisions every day.  In the last ten years, federal law enforcement investigations have become more frequent.  The criminalization of civil or regulatory violations increases risks for companies and most importantly, senior executives and board members. The enforcement environment reflects the government’s increasing reliance on criminal prosecutions.  It is easy to see why – criminal prosecutions involve large fines and threaten individual corporate...