Compliance is not rocket science. Of course, the one time I told that to a company’s general counsel, he looked at me and said “Before I had this job, I was a rocket scientist” (which was true). With all the reams of paper and blog space outlining detailed compliance formulas, a company can protect itself from criminal liability by committing itself to transparency and negating...
The Obama Administration has aggressively prosecuted domestic and foreign businesses for criminal violations of a variety of criminal laws, including anti-bribery, antitrust, health care fraud, and securities fraud. Even in this environment, some critics have grumbled that prosecutors have too quickly settled such prosecutions for large fines and future promises of compliance contained in deferred prosecution (DPA) or non-prosecution agreements(NPA). Underlying the Justice Department’s use...
Welcome to my new website. I have moved from White Collar Defense and Compliance. Thanks to Ethics360 for creating a new blog site and supporting my new venture. It goes without saying that businesses face significant risks. The Obama Administration has targeted businesses using aggressive tactics, strict enforcement policies and unprecedented criminal prosecutions. My hope is to provide readers with information about current issues relating to anti-corruption enforcement...
It is interesting to take a step back from the micro-world of compliance and examine current trends in compliance and the global marketplace. More companies recognize the importance of compliance – global enforcement is becoming more aggressive, international enforcement and information sharing is increasingly coordinated, and compliance has become a more important requirement for participation in the global marketplace. The importance of compliance cuts across...
Join Michael Volkov, Andrew Hulsh and Richard Rosenfeld Mayer Brown LLP Partners — November 8, 2011 at 12:30 pm In this era of aggressive enforcement of the Foreign Corrupt Practices Act and anti-corruption laws, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have now turned their attention to private equity and hedge funds. The implications of this new initiative are far-reaching...
Where the Ombudsman and the Whistleblower Meet — http://www.fcpablog.com/blog/2011/9/20/where-ombudsmen-and-whistleblowers-meet.html
Thursday, October 6, 20118:00 A.M. – 10:00 A.M.New York, NY Intensified enforcement efforts by international authorities and anti-corruption laws such as the Foreign Corrupt Practices Act and the UK Bribery Act have now presented an increased liability in the private equity and hedge funds sector. A recent survey of corporate executives, investment bankers, private equity executives and hedge fund managers, found that 63 percent of...
I am on vacation. White Collar Defense & Compliance will return soon. Enjoy the last few weeks of summer. Have fun!!
One of the more tortured policy areas is DOJ policies relating to corporate charging policies and the attorney-client privilege. The history reflects competing interests, political grandstanding and line prosecutors’ aggressive attempts to enforce white collar laws against corporate law breakers. The Department’s motto reminds me of Month Python’s famous chant in “The Holy Grail” — “Run Away! Run Away!” Over the last 12 years, the...
With all due respect to Howard Sklar, the godfather of compliance convergence, the most obvious case for compliance convergence is leveraging anti-money laundering and anti-corruption compliance. Most members of the financial services industry already have an AML program, which is likely to be reasonably rigorous. Let’s start with some obvious overlaps. Risk Assessment: A company’s AML risk assessment approach a company already has in place...
