Featured Articles:

Episode 187 — Review of DOJ’s Settlement with Boeing for the 737 MAX Safety Scandal

Boeing’s long and tragic scandal surrounding its 737 MAX safety concerns and FAA disclosure violations has come to an end.  DOJ announced a settlement early this year, on January 7, 2021, which included a three-year deferred prosecution agreement (DPA) in exchange for total payments of $2.5 billion, consisting of: a $243.6 million criminal penalty, $1.77 billion in compensation to its airline customers, and $500 million to establish...

Danger! Danger!: Retaliation Against Employees is Increasing (Part II of II)

The FCPA Guidance issued by the Justice Department and the SEC says it best – “The truest measure of an effective compliance program is how it responds to misconduct.”  These are prophetic words.  Many organizations, however, cannot pass this basic test.  Indeed, if we look at the Ethics and Compliance Initiative’s 2021 Global Business Ethics Survey (GBES), the conclusion is inescapable: organizations’ ethical cultures are...

ECI’s Global Business Ethics Survey: The Plusses and Minuses (Part I of II)

The Ethics and Compliance Initiative is a terrific organization that provides important ethics and compliance insights and leadership.  Starting in 1994, ECI has conducted a longitudinal, cross-section study of workplace conduct.  ECI recently issued its sixteenth GBES results, which provide important benchmarks on the state of ethics and compliance programs in business.  ECI focuses on the connection between an organization’s ethical culture and workplace behaviors. ...

The Demand for Sustainability and Risk Management

The COVID-19 pandemic uncovered the fragility of business operations – within the space of weeks, companies were forced to adjust to distribution channel and supply chain disruptions, workplace closings, and a virtual standstill in global trade.  The global economy came to a screeching halt.  While the economy is slowly recovering and poised for increased activity, consumers and investors have discovered the importance of organizational sustainability. ...

Building the Bridge(s) Between Compliance and Business

The success of a compliance program depends on a number of factors.  Perhaps one of the most important factors is the strength of the relationship between compliance professionals and business.  Compliance depends on business employees to share information, coordinate in compliance procedures, and ensuring overall compliance. As one business manager candidly told me during a risk assessment interview, “if business does not take responsibility for...

UniControl Agrees to Pay $216,464 to Settle Case for Violations of OFAC’s Iran Sanctions Program

UniControl, Inc., a Cleveland, Ohio manufacturer of process controls, airflow pressure switches, boiler controls and other instruments, agreed to pay OFAC $216,464 to settle its liabilities for violation of the Iran Sanctions Program.  UniControl exported 19 shipments of its goods to two European countries with reason to know that the goods were intended for delivery to Iran end users.  In addition, UniControl exported two shipments...

CCOs and Expertise in Risk Management

Chief compliance officers (CCOs) are talented professionals.  As Donna Boehme always emphasizes, CCOs are subject matter experts (SMEs) in compliance risks, controls and mitigation.  CCOs focus on legal and compliance risks as reflected in an organization’s Code of Conduct, ethical culture and legal requirements.  In recognition of their unique role in every organization, CCOs have line of sight across the organization, independence and authority to...

CFTC Opens Inquiry into Binance, One of the World’s Largest Cryptocurrency Exchanges

Matt Stankiewicz, Managing Counsel at The Volkov Law Group, joins us for a post looking into the CFTC’s recent inquiry into Binance. Matt can be contacted at MStankiewicz@volkovlaw.com. On Friday March 12, Bloomberg News reported that the Commodity Futures Trading Commission (“CFTC”) has opened an inquiry into Binance Holdings Ltd. (“Binance”) to investigate allegations that the exchange allowed US citizens to trade in cryptocurrency derivatives,...

The New York Attorney General’s Office Reaches Settlement with Bitfinex and Tether

Matt Stankiewicz, Managing Counsel at The Volkov Law Group, joins us for updates on the NYAG’s case against Bitfinex and Tether. Matt can be contacted at MStankiewicz@volkovlaw.com. In late February, the New York Attorney General’s office (“NYAG”) settled with Bitfinex and Tether stemming from charges relating to financial mismanagement.  The NYAG alleged that Bitfinex and Tether attempted to cover up the loss of approximately $850...