We are pleased to announce that Certa has agreed to sponsor Corruption Crime & Compliance.  We look forward to collaborating with Certa and its incredible team of professionals and thought leaders. Certa is a pioneer and innovative provider of a third-party risk management solution, which empowers Fortune 500 firms with advanced AI-driven solutions for global compliance, risk and management and ESG. Certa’s innovative platform blends...

The Deere case is an important reminder for companies to devote proper attention to ensuring robust integration planning for acquired companies.  DOJ has provided important guidance on acquisition practices and the need to integrate acquired companies into the acquiring company’s ethics and compliance program and internal controls.  Deere made little effort to integrate Wirtgen into its ethics and compliance program and control environment.  As a...

The SEC’s recent settlement with Deere & Company for $9.9 million for FCPA violations is another textbook example of bribery schemes, which revealed the absence of a culture of compliance, and the circumvention of basic entertainment, hospitality and travel expense controls.  Deere’s bribery scheme involved its Thailand subsidiary, Wirtgen Thailand, and various improper payments to government officials, including cash, sham consulting fees, extravagant “factory visit”...

Federal whistleblowers have been exposing health care fraud for years.  The False Claims Act (“FCA”) contains robust whistleblower provisions and protections that reward whistleblowers with financial payouts. The process for whistleblower submissions is well-established, and the Justice Department has a robust investigative function to sift through the whistleblower complaints.  If the Justice Department decides to intervene in support of the whistleblower’s claim, nearly 100 percent...

The U.S. Securities and Exchange Commission (“SEC”) recently instituted proceedings against Deere & Company (“John Deere”), a leading global manufacturer of agricultural and heavy machinery, for multiple violations of the Foreign Corrupt Practices Act (“FCPA”). These violations arose from improper activities undertaken by its wholly owned subsidiary, Wirtgen Thailand. The underlying misconduct—which occurred between late 2017 and 2020—included the provision of illicit payments and other...

This week I attended the Diligent Elevate annual meeting in Houston, Texas.  For those of you who don’t know Diligent, it is a great event, and you can meet risk and compliance professionals, board members, and lawyers.  Diligent conducted numerous board education sessions at which board members spoke about new and significant risks; these included increased stakeholder expectations and the burdensome review of education and...

I did not expect to return to this issue.  This was an “old” issue that was resolved many moons ago.  The issue was a professional debate over the reporting relationship between the chief compliance officer (CCO) and the chief legal officer (CLO)/general counsel. After 20 years of debate, CCOs managed to sway the professional community: CCOs have to operate independently, without improper interference by the...