Featured Articles:

Sanctions Enforcement: “The New FCPA”

Hold onto your hats – while we are on the cusp of more FCPA enforcement actions, the Justice Department and OFAC are gearing up for real and significant sanctions enforcement actions.  The dye is cast, so here we go.  Deputy Attorney General Lisa Monaco was recently quoted stating that sanctions enforcement is the “new FCPA.” This is not so surprising given the global crisis caused...

Gleaning the Inside of the Human Mind and Criminal “Intent”

Prosecuting white collar crimes is a “mind game” in more ways than one.  This is another in my long series of profound grasps of the obvious.  As a former federal prosecutor, the difference between a crime and compliant behavior often turns on the specific mind or intent of the actor.  Unless you are a mind reader (i.e. Kreskin for you boomers), this is often a...

What Can We Expect in Future FCPA Enforcement Actions?

In the FCPA and white collar defense community, we have seen buckets and buckets of ink spilled on the coming wave of aggressive enforcement.  Justice Department officials have made so many statements about the “new” approach to prosecuting white collar crime.  The government moves slowly and implementing far-reaching changes takes time.  Anyone who has worked at DOJ knows that change is never immediate but takes...

Episode 234 — A Deep Dive into the Stericycle FCPA Enforcement Action

The Justice Department ended its FCPA enforcement drought by announcing its first corporate settlement in 2022.  In a parallel action, the SEC announced its settlement with Stericycle for $28 million for FCPA violations.  The SEC’s settlement was its second with a company for 2022 (the first was KT Corp.). Under the settlement, Stericycle resolved investigations being conducted by the Department of Justice, the Securities and...

Administration Proposes Legislative Changes to Enhance Asset Forfeiture, Sanctions Enforcement Against Russian Government and Oligarchs

As part of the United States governments effort to support Ukraine in its war against Russia, the Biden Administration sent to Congress a number of legislative proposals in addition to a supplemental request for an additional $33 billion in funding. The legislative package addresses a number of important issues and is aimed at assets owned by the Russian government and oligarchs.  The proposal includes: Revisions...

Diligent Sponsors Corruption Crime and Compliance

We are happy to announce that Diligent has agreed to sponsor Corruption, Crime & Compliance. We look forward to collaborating with Diligent and its incredible team of professionals and thought leaders. For over twenty years, Diligent has helped boards and c-suites to design and implement effective governance practices through its market-leading board application.  Over the last few years, Diligent has expanded its available solutions to...

Global Logistics Company Settles OFAC Violations for $6.1 Million

You have to wonder how OFAC has the time to investigate and settle cases given its significant work implementing the Russia Sanctions Program.  But OFAC continues to demonstrate its commitment to aggressive enforcement.  OFAC’s latest enforcement action focused on Toll Holdings Limited, a global logistics company that engaged in U.S. dollar transactions with prohibited entities.  Toll voluntarily disclosed the violations to OFAC but Toll was...

Episode 233 — Tom Fox and Mike Volkov Discuss DOJ Criminal Trial Wins, Losses and Stumbles

Federal prosecutors know that their job – to represent the United States – is the highlight of their legal career. Speaking from experience, federal prosecutors are a privileged lot – they can announce in court they represent the United States. It is a heady experience and an absolute privilege.  It is hard not to repeat the Spiderman quote, “With great power comes great responsibility” – but...

Newmont Corporation and Chisu International Settle with OFAC to Resolve Violations of Cuban Sanctions Program

Even while the Treasury Department’s Office of Foreign Asset Control (“OFAC”) has been properly focused on implementing and enforcing the Russia sanctions scheme in response to Russia’s unprovoked invasion of Ukraine, OFAC had time to issue two enforcement actions involving violations of the Cuba Sanctions Program.  The two separate cases stem from four transactions involving Newmont Corporation, a global mining company, and Chisu International Corporation...

Stericycle DOJ and SEC FCPA Settlement: Lessons Learned (Part III of III)

The Stericycle FCPA case is yet another example of a complete culture and compliance breakdown.  As I often repeat myself, there is no more important control than an ethical culture.  When a culture veers into the unethical and even criminal conduct, there is nothing to stop that train of illegality from continuing. When you review the facts of Stericycle’s conduct in Brazil, Mexico and Argentina,...