Corruption, Crime & Compliance

Featured Articles:

15 Dec, 2021

Biden Administration Announces New Anti-Corruption Strategy (Part I of III)

The Biden Administration announced a new, comprehensive anti-corruption program, the United States Strategy on Countering Corruption. The new anti-corruption policy is the follow on to the earlier announcement elevating the global anti-corruption battle to a national security concern. After that announcement, the Biden Administration conducted a 200-day inter-agency examination to develop a comprehensive government-wide anti-corruption initiative. The Biden Administration released the new United States Strategy...

General

13 Dec, 2021

SEC Adopts Final Rule Implementing Holding Foreign Companies Accountable Act

Alex Cotoia, Regulatory Manager and Compliance Consultant, rejoins us for a blog post of the SEC’s adoption of foreign issuer disclosure rules. Alex can be reached at [email protected]. On December 3, 2021, the U.S. Securities and Exchange Commission (“SEC”) announced the adoption of a final rule that fully implements the requirements of the Holding Foreign Companies Accountable Act (“HFCAA”) enacted by the Congress and signed...

Events

13 Dec, 2021

Two-Part Webinar: 2021 FCPA and Sanctions Enforcement and Compliance Reviews

2021 FCPA Enforcement & Compliance Review January 5, 2022, 12 Noon EST Sign up HERE 2021 Sanctions Enforcement & Compliance Review January 12, 2022, 12 Noon EST Sign up HERE With the continuing impact of COVID-19 and economic disruptions, the Justice Department and the SEC continued to push FCPA enforcement. DOJ and the SEC repeated broad statements confirming continued aggressive enforcement programs. However, DOJ and SEC’s...

Podcasts

12 Dec, 2021

Episode 218 — The Biden Administration’s New Strategy on Countering Corruption

The Biden Administration announced a new, comprehensive anti-corruption initiative, the United States Strategy on Countering Corruption. The new anti-corruption initiative is the follow on to the earlier announcement elevating the global anti-corruption battle to a national security concern. After that announcement, the Biden Administration conducted a 200-day inter-agency examination to develop a comprehensive government-wide anti-corruption initiative. The 38-page plan released last week outlines steps for cracking...

General

9 Dec, 2021

ECI Best Practice Forum: The Impact of DOJ Guidance on Corporate Compliance Programs

When: December 15, 2021 Time: 2 pm to 3:30 pm EST Sign Up HERE Over the past several years the Department of Justice has periodically issued material updates to guidelines related to compliance programs and enforcement. The US Chamber of Commerce Institute for Legal Reform has underwritten an important and timely survey of ethics & compliance officers by ECI related to how they are interpreting and...

General

9 Dec, 2021

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District of Texas, issued a decision denying the defendants’ motion to dismiss in United States v. Neeraj Jindal & John Rodgers, 20-CR-358. (Here). In rejecting the defendants’ motion, the trial judge ruled that price-fixing in...

General

7 Dec, 2021

FCPA Potpourri: Catching Up with FCPA Enforcement

While we wait for the coming FCPA enforcement storm, DOJ and the SEC have quietly continued to rack up and resolve several enforcement actions. Here is short and sweet review of many of these actions: Luis Enrique Martinelli, son of the former Panama President, was recently presented in federal court in Brooklyn after the U.S. finally secured his extradition from Guatemala. Luis Enrique Martinelli sought...

General

6 Dec, 2021

FCPA Enforcement Actions: “O DOJ, SEC, Wherefore Art Thou, DOJ & SEC?”

FCPA practitioners, In-house counsel and compliance officers, and yes, even the FCPA Paparazzi, have been patient enough. As the saying goes, talk is cheap. It is action that counts. We have written often enough about the coming storm – the Biden Administration’s long-anticipated ramp up of white collar enforcement, and FCPA actions in particular. The groundwork was set – the National Security Memorandum raising the...

Podcasts

5 Dec, 2021

Episode 217: The Growing Risk of Corporate Board Member Liability

The Delaware Chancery Court is continuing its trend of permitting Caremark claims against corporate board members who fail to exercise proper oversight and monitoring of compliance programs. Over the past few years, the Delaware Chancery Court has consistently raised the stakes and expectation for Board member performance on corporate boards. In this Episode, Michael Volkov reviews the current board member liability cases and the Court’s recent...

General

3 Dec, 2021

OFAC Implements New Ethiopia Sanctions Program

On November 12, 2021, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), pursuant to Executive Order 14046, Imposing Sanctions on Certain Persons With Respect to the Humanitarian and Human Rights Crisis in Ethiopia, issued sanctions against four entities and two individuals as part of a new sanctions program in Ethiopia. OFAC issued the sanctions is in response to humanitarian and human rights...