Nowhere am I so desperately needed as among a shipload of illogical humans.  –Spock in ‘I, Mudd’ If we look into the compliance program crystal ball, what will the future show?  A “shipload of illogical [compliance] humans” or something completely different? If we take a step back and look at the compliance landscape, we can draw a picture of what the future will look like.  Right...

It is easy to forget that businesses need to focus on a number of significant risks. Anti-corruption is one of many threats to global companies. The tone-from-the-top message has to cut across all of these risk. The reason for this change is the financial crisis. In response, government activism and enforcement powers have been expanded in a dramatic way. More than ever, compliance must be...

On Friday, April 15, 2011, the U.S. Attorney’s Office for the Southern District of New York unsealed a grand jury indictment against 11individuals, including the founders of the three largest online poker sites —PokerStars, Full Tilt Poker, and Absolute Poker —charging them with bank fraud, money laundering, illegal gambling offenses, and violations of the Unlawful Internet Gambling Enforcement Act (UIGEA). The U.S. Department of Justice...

When designing and implementing robust compliance plans, companies face the age-old questions: Should we designate a corporate compliance officer? Who should the CCO report to in the company? In the next five years, the position of CCO will take on a new and more dynamic role in every company. With the rise of enforcement, it is inevitable that the importance of the CCO will increase...

Global companies face increasing corruption risks — more countries are passing anti-corruption laws and enforcement is on the rise.  With the need for more sophisticated and rigorous anti-corruption compliance programs, corporate leaders face a very difficult question — how much will it cost to comply and how much will it cost if we do not comply? Well, of course, one significant and unknown variable in this calculus is...

Global companies face increasing corruption risks — more countries are passing anti-corruption laws and enforcement is on the rise.  With the need for more sophisticated and rigorous anti-corruption compliance programs, corporate leaders face a very difficult question — how much will it cost to comply and how much will it cost if we do not comply? Well, of course, one significant and unknown variable in this calculus is...

Global companies face increasing corruption risks — more countries are passing anti-corruption laws and enforcement is on the rise.  With the need for more sophisticated and rigorous anti-corruption compliance programs, corporate leaders face a very difficult question — how much will it cost to comply and how much will it cost if we do not comply? Well, of course, one significant and unknown variable in this calculus is...

Under the radar screen of FCPA, UK Bribery Act and other aggressive enforcement actions, the Antitrust Division of the U.S. Department of Justice is continuing its steady tradition of aggressive criminal enforcement. Week after week, cartel activity is investigated, prosecuted and often settled. Recent statistics from the Antitrust Division confirm its aggressive approach: since 2007, the Antitrust Division have averaged more than 135 pending grand...

In honor of our tax day, it is worthwhile to review the government’s continuing efforts against foreign bank account holders.  The Justice Department recently filed a lawsuit seeking the names of Americans believed to be hiding funds in bank accounts at HSBC in India. The lawsuit seeks court authorization  to serve what is known as a “John Doe” summons on HSBC’s main U.S. affiliate, HSBC...

The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal fines were collected for FCPA violations. They are entitled to claim success. It is hard to argue against prosecutions of private companies and individuals who engage in foreign bribery. Such conduct...