The Justice Department’s message is getting through.  The two-fisted strategy of aggressive enforcement and public cajoling on the importance of compliance is being heard by the business community.  The Justice Department and the SEC have communicated the message loud and clear despite the fact that UK Bribery Act enforcement has turned out to be a bust, and is likely to remain so for the next...

March 20, 2013, 12 Noon -1 PM EST Register Here Almost every FCPA enforcement action involves misconduct by third party agents and distributors. The Justice Department and the SEC have emphasized the importance of companies conducing appropriate due diligence. In the absence of proper due diligence procedures and documentation, companies face significant bribery and enforcement risks. Companies that design and implement due diligence policies and procedures...

An internal investigation is only as good as its independence.  Even if a matter is investigated with a fine-tooth comb, employing brilliant tactics, document reviews and witness interviews, it will all be a waste if there is a serious question as to the “independence” of the investigation itself. There are a number of basic questions and affirmative steps which have to be taken.  If you find...

The Internal Revenue Service has had success encouraging taxpayers with offshore accounts to disclose their foreign accounts and pay back taxes.  In 2009 and 2011, the IRS announced the Offshore Voluntary Disclosure Program (OVDP) which allowed taxpayers to come forward and report foreign income, bank accounts, and other assets.  The IRS had 33,000 voluntary disclosures, resulting in $4.4 billion in taxes, interest and penalties.  In...

Timing is everything.  Woody Allen said it best – 80 percent of life is just showing up.  Unless you are the Chamber of Commerce.  Talk about bad timing and sour grapes. The Chamber just does not get the message.  After the Justice Department and the SEC issued its FCPA Resource Guide, the Chamber is still not satisfied.  Whatever you may say about the FCPA Resource...

Compliance professionals are fast-rising stars in every organization.  They are the unsung heroes who try to ensure compliance, usually with a shortage of resources. The compliance profession is undergoing a significant change.  Directors and senior management are empowering chief compliance officers and elevating their status. With increasing power and influence, come some of the burdens as well.  A recent survey of compliance professionals revealed that...

Last month, JP Morgan Chase took a giant leap in corporate governance when it released its internal report on the $6 billion loss scandal.  A task force report, along with a board committee report outlined forward-thinking reforms and structural requirements to enhance compliance. As I have written on numerous occasions (with Donna Boehme), companies need to empower their chief compliance officers by clarifying his or...

You can always count on the FCPA paparazzi.  When things are quiet in the FCPA world, they will take a mountain and turn it into a molehill.  They have nothing better to write about; they have nothing better to focus on then two recent district court decisions addressing the issue of jurisdiction over foreign individuals. The headlines reported that the government had suffered a major...

Life is full of anxieties.  We all know that.  Some suffer worse anxieties than others.  As I often say, anxiety comes and goes.  Anxiety cannot be measured but is something that everyone experiences on their own terms. Corporate boards suffer anxiety.  When a group or organization suffers anxiety, the possible damage to an organization can be significant.  In some respects the whole of the anxieties...

People like to talk to people (as opposed to animals or inanimate objects).  People also like to tell people secrets.  Some like to confess and others do not.  Sociopaths and psychopaths do not often confess. An internal investigation is only as good as the information elicited during interviews.  I do not mean to belittle the importance of collecting and reviewing documents.  But documents provide the framework,...