Featured Articles:

Credit Suisse’s Global Bribery and Fraud Scheme (Part II of II)

The Credit Suisse case highlights the significant impact that global corruption and fraud can have on developing economies.  Mozambique’s economy suffered serious harm from the scheme, which started to unravel when the IMF uncovered problems with the financing and accounting for the tuna fishing project. The Mozambican people have suffered real and significant harm directly as a result of this criminal scheme. Additionally, the Credit...

Credit Suisse Settles Multi-Jurisdiction Bribery and Fraud Case for $547 Million (Part I of II)

Credit Suisse Group AG (“Credit Suisse”), a global financial institution, and its London-based European subsidiary, Credit Suisse Securities (Europe) Limited (“CSSEL”) resolved a wide-ranging bribery and fraud scheme involving investments and financing arrangements for an $850 million loan for a tuna fishing project in Mozambique. To resolve the violations, Credit Suisse agreed to pay a total of $547 million in penalties, fines and disgorgement as...

Episode 211 — Update on Anti-Corruption Issues, Interview of Scott Greytak, Transparency International USA

The Biden Administration announced its commitment to the global battle against corruption as a new, national security issue. This policy is a significant transformation in the U.S. commitment to the battle against corruption. In this Episode, Scott Greytak from Transparency International USA joins us to discuss the current policy initiatives surrounding the global commitment to fight corruption.

An Aggressive Export Control Enforcement Program: The Department of Commerce’s Bureau of Industry and Security

My old adage – when it comes to enforcement initiatives, the government always tells you what they are going to do and then they do it.  It is always baffles me when targets of enforcement actions complain that they did not know the government was going to launch an investigation or enforce the law in a particular manner.  The Justice Department is fairly transparent in...

Delaware Court Rejects Motion to Dismiss Lawsuit Against Boeing Board Members for Failure to Conduct Proper Compliance Oversight (Part III of III)

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.  The Delaware Court’s latest decision involving the Boeing board and its failure to conduct proper oversight of the 737 MAX safety scandal is yet another example.  At bottom, the Chancery Court is raising the stakes on board member...

The Forkner Indictment for the Tragic Boeing 737 MAX Fraud and Crashes (Part II of III)

Mark Forkner, a former Chief Technical Pilot, was indicted  on two counts of fraud involving aircraft parts in interstate commerce and four counts of wire fraud.  If convicted, he faces a maximum penalty of 20 years in prison on each count of wire fraud and 10 years in prison on each count of fraud involving aircraft parts in interstate commerce. Boeing began to develop the...

Boeing Technical Pilot Indicted for Fraud in 737 MAX Scandal (Part I of III)

The Justice Department announced the indictment of Mark Forkner, a former Chief Technical Pilot for Boeing for his role in the 737 MAX scandal.  Specifically, Forkner is charged with deceiving the FAA’s Aircraft Evaluation Group (“FAA AEG”) relating to Boeing’s 737 MAX airplane and defrauding Boeings U.S.-based airline customers to earn millions of dollars for Boeing. Boeing’s 737 MAX scandal is tragic and disturbing. In...

Episode 210 — HR and CCOs Watch Out!! DOJ’s Aggressive Antitrust Enforcement in Labor Markets

The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to the high-tech industry and other companies that criminal prosecutions were on the horizon. DOJ handled initial prosecutions of labor market collusion in the high-tech sector by civil prosecutions and resolutions. Out of an abundance of caution, DOJ recognized that it wanted...

FINRA Reminds Broker-Dealers on Importance of Compliance with New AML Rules

The new Anti-Money Laundering laws and regulations continue to roll out with new risks, liabilities and compliance requirements.  There is a coming AML enforcement storm, fueled by a new AML whistleblower program that will operate in a manner similar to the SEC’s successful whistleblower program.  The AML Act of 2020 increased penalties for AML offenses, adopted investigative improvements to expand the reach of AML investigations...

CCOs: Expert Problem Solvers

If you follow my blog, you know that I am passionate about the compliance profession.  Chief compliance officers have unique talents, expertise and leadership qualities.  CCOs are committed ethics warriors.  No one else can claim that same mission. CCOs are the natural stewards of a company’s ethical culture.  Of course, a company can appoint a separate chief ethics officer to distinguish between the ethics and...