“Quite as important as lawmaking is vigilant oversight of administration.” Woodrow Wilson, Congressional Government (1885) The scene on television is all too familiar. Corporate executives from a company in the headlines are dragged before a Congressional committee, they are placed under oath, and they are asked a series of questions by Senators or Congressmen/women, to which they each respond by asserting their Fifth Amendment privilege....
Mark Twain observed correctly about lawyers: “Lawyers are like other people–fools on the average; but it is easier for an ass to succeed in that trade than any other.” When it comes to advising clients in the area of the FCPA and Bribery Act, counseling attorneys are critical players. We play an important role in the end in making sure a company complies with the...
Corruption, Crime & Compliance!! 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 of his musings.” Dick Cassin, the...
The Justice Department, the Securities and Exchange Commission and the FCPA bar spend extraordinary amounts of time discussing and explaining FCPA enforcement and compliance issues. But one of the most important issues never sees the light of day. That is the decision whether or not to disclose a potential FCPA violation to the DOJ and the SEC. That decision has significant implications for a company...
Justin Connor anad I recently published an article for Association of Corporate Counsel: Ten Action Steps When the Government Shows Up At Your Door http://www.acc.com/legalresources/publications/topten/ttaswtgaayd.cfm Your company’s worst nightmare is becoming more and more common – federal law enforcement officers show up at your business premises with a search warrant in hand. FBI agents enjoy showing up at the crack of dawn consistent with the...
While on Vacation, I am re-posting some earlier postings which you may find interesting. Almost all FCPA enforcement actions involve the failure of a company to adequately screen or prevent a third-party agent from bribing a foreign official. The company’s relationship with the third-party agent is where the rubber hits the road: economic pressure to use the agent is strong when the agent can...
There is an art to conducting internal investigations. Anyone who tells you otherwise is probably wedded to a formulaic approach to internal investigations. Cookie cutters will not always get the job done. When a company turns to an internal investigation, the board and senior management have to be careful – there are so many risks. The internal investigation has to focus on an end result...
I recently participated in an interesting panel discussion on the role of the US Sentencing Commission. The event was sponspored by the American Constitution Society and the ACLU here in Washington, D.C. Moderator, Jesselyn McCurdy, Senior Legislative Counsel, ACLU Honorable Patti B. Saris, U.S. District Court for the District of Massachusetts; Chair, U.S. Sentencing Commission Amy Baron-Evans, Sentencing Resource Counsel, Federal Public and Community Defenders Douglas...
I am sorry but I am on vacation for a short period of time. I will resume posting soon. I apologize for any inconvenience.
For those companies dedicated to compliance, the first and most critical step is a commitment to empower its compliance office. A company must assign adequate personnel and allocate adequate resources to fulfill its mission. An effective compliance officer must be regarded as equal to, or even senior to, the company’s Chief Financial Officer or General Counsel. Gone are the days when compliance offices are a...
