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,...

Join Tom Fox, Dan Chapman from Parker Drilling, and myself for a Kreller-sponsored seminar: FCPA Developments and Compliance. The Houstonian Hotel; When: October 10, 2012, 8-10 AM Sign Up Here Tom, Dan and I will address: — Recent FCPA enforcement actions — Lessons learned from each case — Practical advice on compliance strategies and procedures Please sign up and join us for a great seminar.  See...

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...

  A. Neil Hartzell, a shareholder at LeClairRyan, is our guest commentator today, and offers some good advice on False Claim enforcement and compliance strategies.  His profile can be read here.     If you learned of a way to cash in on a lotto-sized jackpot that offered better odds than any Powerball ticket, would you be interested? Given our society’s materialistic bent, you can bet...

Compliance professionals frequently cite “tone-at-top” as an essential component of a compliance program.  It sounds good and a few quick sentences on the topic is usually all that is provided when explaining what this means.  In reality, “tone-at-the-top” is not really just “tone-at-the top” it is a lot more.  I will try to be clear.  Most people think that tone at the top is satisfied...