Featured Articles:

The Importance of Pre-Acquisition FCPA Due Diligence (Part II of III)

Several years ago (or in the recent past as some would say), pre-acquisition due diligence was a major compliance focus for global companies that grew through aggressive merger and acquisition strategies.  In some respects, and perhaps in reaction to relaxation of some of DOJ’s strict requirements that applied ten years ago (i.e. Halliburton Opinion Letter 08-02), companies appear to be adjusting their compliance priorities and...

FCPA Risks and Merger and Acquisitions: The Evolving Policies (Part I of III)

Global companies that grow through a deliberate merger and acquisition strategy continue to face significant anti-corruption risks.  The list of FCPA enforcement actions includes numerous examples of companies that settled FCPA matters because of post-acquisition conduct, which usually reflects inadequate post-acquisition procedures. Despite the obvious risks and the Justice Department’s and SEC’s efforts to afford some flexibility in this area, global companies usually fail to...

Webinar — FCPA 2018: Update on Enforcement and Compliance Trends

FCPA 2018: Update on Enforcement and Compliance Trends Tuesday, September 25, 2018, 12 Noon EST Sign Up HERE FCPA enforcement continues as a major risk for global companies. Despite early concerns about the new administration’s commitment to aggressive FCPA enforcement, the DOJ and SEC continue to prosecute and settle FCPA cases against companies and individuals. Join Michael Volkov, CEO of The Volkov Laws Group, as...

Noah Smith Joins The Volkov Law Group

I am excited to announce the addition of Noah Smith as a new Associate at The Volkov Law Group. When I launched the firm, I was committed to providing high-quality ethics and compliance, and enforcement defense services. With the help of my existing members we have been fortunate to grow and develop our services and capabilities.  I am proud to announce that Noah Smith will...

State Department Announces Additional Sanctions Against Russia

Okay, I have to admit – it is getting hard to keep up with all the changes to the Russia Sanctions Program.  The Treasury Department, Office of Foreign Asset Control’s imposition of the Oligarch Sanctions (here) and Congress’ passage of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) (here) has made life difficult.  There is no way anyone can really follow the bouncing ball in...

Episode 55 — Update on the Iran Sanctions Program

On May 8th, 2018, the Trump administration withdrew from the Joint Comprehensive Plan of Action or JCPOA and began to reimpose the U.S. nuclear-related sanctions.  All of the sanctions in existence prior to the JCPOA including nuclear-related secondary sanctions will be effective on November 5, 2018.  The wind-down of Iran-related activities pursuant to authorizations provided by the JCPOA is required in two wind-down periods – a 90 day...

Legg Mason Pays $34 Million to Resolve SEC’s Libyan FCPA Investigation

Legg Mason can finally close its books on the Gaddafi-era, Libyan bribery scandal.  In June 2018, Legg Mason entered into a non-prosecution agreement with the Justice Department and agreed to pay $32 million for its role in the bribery scheme.  Société Générale entered into a deferred prosecution agreement and paid $585 million for FCPA violations. Société Générale and Legg Mason admitted to paying over $90...

The Ups and Downs of Cooperating Witnesses

Criminal prosecutors understand the importance of cooperating witness to the criminal justice system.  Cooperating witnesses are vital to the criminal justice system because they are in the unique position of explaining to a jury the operation of a criminal enterprise.  Without insider information, there are numerous criminals and criminal organizations that would never have been dismantled and punished.  As we have seen in the recent...

Court of Appeals Cuts Back Extraterritorial FCPA Jurisdiction Over Foreign Nationals

The Justice Department’s attempt to assert broad jurisdiction over foreign nationals was rebuked in a recent US Court of Appeals decision in United States v. Hoskins. (Here).  As a result, the appellate court affirmed the lower court’s decision to dismiss the FCPA conspiracy count against defendant Hoskins, a former Alstom executive. The government will still be able to prosecute Hoskins for substantive FCPA violations based...

Episode 54 — A Deep Dive into the SEC’s FCPA Settlement with Beam Suntory

In June 2018, the SEC announced an FCPA settlement with Beam Suntory for violations in India.  Beam’s settlement totaled over $8 million.  Beam’s conduct involved illegal payments made through third-party representatives to increase Beam’s sales, product placement and secure appropriate registrations and approvals needed to distribute liquor in India.  Beam also did not receive any remediation credit for its failure to adequately respond to and...