Featured Articles:

United States Announces Initial Sanctions in Response to Russia’s Invasion of Two Ukraine Regions

United States Announces Initial Sanctions in Response to Russia’s Invasion of Two Ukraine Regions

In response to Russia’s invasion of Ukraine territories, the so-called Donetsk and Luhansk People’s Republics, respectively, (hereinafter “DNR” and “LNR”), yesterday, on February 21, 2022, President Biden issued a new Executive Order targeting the DNR and LNR regions of Ukraine with comprehensive sanctions.[1] In practical effect, the new sanctions impose an embargo similar to that imposed against the Region of Crimea after Russia annexed the...

KT Corp. Settles SEC FCPA Case for $6.3 Million (Part I of III)

KT Corp. Settles SEC FCPA Case for $6.3 Million (Part I of III)

The SEC announced its first FCPA enforcement action in 2022. South Korean telecommunications company, KT Corporation, agreed to pay $6.3 million to settle FCPA violations.  As part of the settlement, KT Corp. agreed to pay $3.5 million in civil penalties and $2.8 million in disgorgement. KT Corp. is South Korea’s largest telecommunications company.  KT Corp. American Depositary Shares are traded on the New York Stock...

Episode 225 — Interview of Susan Divers, LRN Senior Advisor, on LRN’s 2022 Ethics and Compliance Program Effectiveness Report

Episode 225 — Interview of Susan Divers, LRN Senior Advisor, on LRN’s 2022 Ethics and Compliance Program Effectiveness Report

Susan Divers, LRN Senior Advisor, reviews LRN’s 2022 Ethics and Compliance Program Effectiveness Report. LRN conducts an annual Ethics and Compliance Program Effectiveness Report (“LRN Report”) that is a must-read for business leaders, managers, investors, compliance professionals and other stakeholders. LRN’s annual report has addressed key issues surrounding the impact of the COVID-19 pandemic on companies and ethics and compliance programs. 

DOJ FCPA Opinion Letter Draws Lines Regarding “Corrupt Intent” and the “Business Purpose” Test

DOJ FCPA Opinion Letter Draws Lines Regarding “Corrupt Intent” and the “Business Purpose” Test

Even with the absence of any major DOJ FCPA enforcement actions, DOJ issued an interesting FCPA Opinion Letter last week addressing application of the FCPA in circumstances where organizations face imminent serious bodily harm.  While the situation may appear to be unique, it is a factual scenario that occurs more often than DOJ recognizes. In October 2021, a Requestor submitted an Opinion Letter application that...

Prosecutors Embrace Criminal AML Charges in Corruption Cases

Prosecutors Embrace Criminal AML Charges in Corruption Cases

Federal prosecutors enjoy flipping through the United States Criminal Code, 18 U.S.C. §§ 1 et seq., to pick out tools to charge defendants.  Over the last ten years, DOJ’s reliance on criminal charges in FCPA cases has evolved.  The FCPA only punishes the bribe-givers and not the bribe-takers.  The Biden Administration is proposing to amend the FCPA to fill in this gap.  To fill in...

<strong>The Current Trade Sanctions Landscape Against China</strong>

The Current Trade Sanctions Landscape Against China

While everyone watches Russia’s President Putin for signs that he plans to order an invasion of its neighbor Ukraine, it may be helpful to take stock of where we are with the ever-changing maze of trade sanctions compliance.  The Biden Administration has elevated international trade sanctions and export controls as a top priority.  In contrast to the Trump strategy, Biden has dedicated more effort to...

Michael Volkov’s New Book: Making Money is Not a Mission: 10 Essays on the Compliance Culture Revolution

Michael Volkov’s New Book: Making Money is Not a Mission: 10 Essays on the Compliance Culture Revolution

I am pleased to announce the release by Corporate Compliance Insights of my new book: Making Money is Not A Mission: 10 Essays on the Compliance Culture Revolution. Thank you to CCI for its continuing support. CCI continues its position as the leading forum for compliance thought leadership. My new book is available for download HERE. Thank you to everyone for your support, friendship and...

Episode 224 — 2022 Ethics and Compliance Predictions

Episode 224 — 2022 Ethics and Compliance Predictions

Ethics and compliance professionals believe in their mission – if they did not, they would not be in the field. E&C professionals believe in the power of positive thinking, ethical conduct, and in the overall ability of an organization to operate as an “ethical” company. They work for their mission and it is a positive mission.  The New Year is a great time for E&C professionals...

2021 False Claims Act Year in Review: Judicial and Congressional Developments (II of II)

2021 False Claims Act Year in Review: Judicial and Congressional Developments (II of II)

As for the Judiciary, the U.S. Supreme Court did not issue any relevant decisions nor grant certiorari in any notable FCA cases in FY21. To the contrary, they denied petitions to review appellate cases of potential significance (e.g., in June 2021 the Supreme Court declined to review a case from the Seventh Circuit regarding the government’s ability to move to dismiss over a relator’s objection)....

2021 False Claims Act Year in Review: Enforcement Statistics (Part I of II)

2021 False Claims Act Year in Review: Enforcement Statistics (Part I of II)

Worth the Wait? DOJ finally released its Fraud Statistics for FY 2021 and announced the “second largest amount recorded” since 1986: FCPA Settlement and judgment exceed $5.6 billion Jessica Sanderson, Partner at The Volkov Law Group, joins us for her annual review of False Claims Act enforcement and issues. In Part I, Jessica reviews the enforcement statistics. In Part II, Jessica discusses False Claims Act...