Bear with me for a second, but remember Presidential Candidate Romney’s statement in 2011 that “Corporations are people.” Starting with that premise, my so-called “Person” of the Year award for 2020 goes to, drumroll . . . Goldman Sachs, for its defining ethical and compliance lapses, leading to the largest ever FCPA Settlement. With tongue in cheek, the story of 2020 has to be the...
The Antitrust Division has warned companies that it would bring criminal indictments against companies that enter into illegal no-poach or wage-fixing agreements. The Antitrust Division has now put its money where its mouth is, announcing two significant criminal cases at the end of 2020 and at the beginning of 2021, respectively. The SCA No Poach Case On January 5, 2021, a federal grand jury...
If ever there was a year that challenged corporate leaders on their commitment to business ethics, 2020 was the year. The number of difficult issues facing corporate leaders were challenging and ran the gamut – from health and safety concerns, to business continuity, and to economic disruptions and lay-offs or reductions in force. Even outside the organization, social concerns, supply chain management and community needs...
The Justice Department and the Securities and Exchange Commission had another record year of enforcement. In fact, the last four years of FCPA enforcement included two years of record enforcement – 2019 and 2020. After those two years, 2016, 2014, 2010 were larger enforcement years (as measured by total fines) than 2017 and 2018, the first two years of FCPA enforcement under the Trump Administration. In this...
OFAC reported two new enforcement actions in the week between Christmas and New Year’s. The two new enforcement actions are interesting examples of sanctions enforcement, one of which involved the first against a digital currency company. BitGo Settlement BitGo, Inc. a technology platform that provides digital asset wallet management, agreed to pay $98,830 to settle 183 apparent violations of multiple sanctions programs, including the Crimea...
Well, it is that time again. I get to put on my Carnac the Magnificent Hat and offer my FCPA predictions for 2021. I should get a pass on my 2020 FCPA Predictions posting because no one could have anticipated the COVID-19 pandemic. Although even with the asterisk, I correctly predicted the Goldman Sachs enforcement action (which was not so hard given Goldman Sachs disclosure...
DOJ and the SEC each had a great year in FCPA enforcement. But it is important to acknowledge that the blockbuster case, Goldman Sachs, was the driver of this successful year. Goldman Sachs Goldman Sachs paid DOJ and the SEC nearly $4 billion in fines and disgorgement. DOJ has reccivered nearly $1` billion in assets through its forfeiture initiative. Goldman Sachs was a massive and...
2020 FCPA Enforcement and Compliance Trends January 12, 2021, 12 Noon EST Sign Up HERE FCPA enforcement in 2020 was a record year. The Justice Department collected a record-setting amount of criminal fines for anti-corruption violations, while continuing its aggressive criminal indictment of individuals for FCPA and other criminal offenses. In this webinar, Michael Volkov reviews FCPA enforcement and compliance issues for 2020.
DOJ and the SEC have provided unprecedented compliance guidance and information. DOJ has established itself as the preeminent leader in advancing ethics and compliance programs, best practices and innovations. No agency or global organization has had such a dramatic impact on the improvement of corporate compliance programs. To be sure, DOJ and the SEC have a two-prong strategy – first and most important, DOJ and...
The Justice Department and the Securities and Exchange Commission had another record year of enforcement. In fact, the last four years of FCPA enforcement included two years of record enforcement – 2019 and 2020. After those two years, 2016, 2014, 2010 were larger enforcement years (as measured by total fines) than 2017 and 2018, the first two years of FCPA enforcement under the Trump Administration....
