If you look closely at the list of FCPA enforcement actions, a large percentage of FCPA violations have focused on illegal payments made to secure customs clearance.  This is not surprising.  The equities facing a company can be very risky – customs clearance is a bottleneck critical to the company; and foreign customs officials know that they have leverage to extract illegal payments from a...

I have been reluctant to join the debate over a corporate compliance defense to FCPA violations.  I would like to count Tom Fox, Mike Koehler and Howard Sklar among my friends.  I also have a lot of respect for them.  They each have weighed in on the issue of a corporate compliance defense to an FCPA violation.  At the risk of stirring the pot, I thought...

Just a reminder that my book is still available on Amazon!!!   My mentor and friend, Judge Stanley Sporkin, the ‘father of the FCPA,’ wrote the foreword. “Michael Volkov’s book is a compilation of articles on a number of subjects important to advising clients how to stay out of trouble. He is a prolific writer and I can say without question, we have not heard the last...

Have the latest posts on Corruption Crime & Compliance delivered to your mailbox.  No need to travel on the Internet.  It will be delivered to you immediately when posted.  The email sign up is on the lower right hand side of the blog.  Just enter your email address and you will receive email notifications of new posts!! Thanks for all your support.

The UK’s Financial Services Authority has sent a warning shot to investment banks – big and small.  In a blistering report, the FSA outlined a number of deficiencies in ABC compliance by investment banks.  Given the close working relationship between the US and UK, the Justice Department and the SEC are sure to take note of this report and incorporate it into their ongoing ABC...

The SEC’s long and tortured Theodore Urban case finally came to an end when the Commission reversed the ALJ’s decision and dismissed the case. Since the case was brought, the SEC has made public statements to try and clarify how it intends to enforce supervisor liability.  Recently, SEC Commissioner David Gallagher explained “ if a firm employee in a traditionally non-supervisory role has expertise relevant...

Everyone likes to focus on how to conduct an internal investigation.  In the face of the new SEC whistleblower law and regulations, companies need to design a system to assess and respond to an initial allegation of a corruption violation.  Not all complaints are equal – indeed, most allegations have little merit.  But occasionally a complaint can be significant and uncover a significant potential violation....

Some industries have dodged anti-corruption industry sweeps.  So far, the industry sweeps have focused on logistics, oil, pharmaceuticals and medical devices.  The logistics industry has been a fertile source for other industries for obvious reasons – they deal with a variety of industries. The auto industry has escaped a sweep.  That is likely to change.  A global antitrust cartel  investigation has focused on auto parts...

If your company does business in China, you need to conduct an anti-corruption audit.  No ifs, ands or buts — and I am not one who would easily make this recommendation.  But the picture in China is growing worse by the day.  If you follow the mounting number of disclosures, the pattern is unmistakable.  Companies that operate in China are reporting more and more FCPA...