Tagged: AntiBribery

Predictions for Anti-Corruption Enforcement for 2016

In all honesty, if I were betting on my predictions, I would be broke. If I were setting the line on the Super Bowl, I am sure I would go bankrupt in paying off bets. With such confidence, you may want to just click  to the new blog post on my colleague Tom Fox’s excellent blog (here) or Matt Ellis’ excellent blog (here), or many...

Webinar: Anti-Corruption Enforcement and Compliance — The Year in Review

Webinar: Anti-Corruption Enforcement and Compliance — The Year in Review January 5, 2016, 12 noon EST Sign Up Here The past year — 2015 — was another eventful year in global anti-corruption enforcement. While the US Department of Justice enforcement activity slowed, the SEC and other governments increased enforcement activity. DOJ’s enforcement program took some unusual twists with the hiring of a Compliance Counsel and...

Tom Fox and Michael Volkov Webinar — December 1, 2015, 2 PM EST: DOJ Shifts Prosecution Strategy for FCPA Enforcement and Corporate Compliance Programs

I am pleased to announce that Tom Fox, Principal, Advanced Compliance Solutions, and I are conducting a joint webinar on Tuesday, December 1, 2015 at 2 pm EST, on the Justice Department’s shifting FCPA prosecution strategy and compliance program requirements. Please sign up HERE. The Justice Department’s FCPA enforcement program is expected to undergo a significant change in policy focus. Building on the recent adoption...

FCPA Enforcement — Corporate Crime and Punishment

The Justice Department’s reexamination of corporate incentives to disclose violations appears to be in reaction to the steady escalation of cooperation requirements. In response to these extra burdens, DOJ could be concerned that FCPA voluntary disclosures will dwindle.  For years, voluntary disclosures have fueled DOJ’s FCPA enforcement program. In the context of a voluntary disclosure program, I have consistently written that DOJ has failed to...

Resetting FCPA Prosecution Policies

Recent press reports suggest that the Justice Department is reconsidering its FCPA criminal prosecution policies, particularly with respect to corporate defendants.  As reported, DOJ is considering defining and increasing corporate benefits from voluntary disclosures and cooperation.  This re-evaluation appears to have been triggered by changes in the Criminal Division leadership. DOJ’s recent Yates memorandum imposed new and significant obligations on companies seeking credit for cooperation...

SEC’s Hitachi Enforcement Action and Important Compliance Reminders

The SEC continues to plug away at aggressive FCPA enforcement. This year, at least so far, the SEC has had a very successful year. The Hitachi case is a very interesting enforcement action for several major reasons.  From a general perspective, the SEC’s decision to file the case in US District Court for the District of Columbia represents an important about face – instead of...

Hiring Practices: A New or Old FCPA Compliance Challenge?

Contrary to the opinion of many in the FCPA space, the BNY Mellon settlement and the looming actions against six major financial institutions for hiring practices is not a big shock or surprise. The SEC is not raising a new or novel interpretation of the FCPA. After all, assuming an actor has corrupt intent, there is no real question as to whether hiring a person...

Webinar: Anti-Corruption Compliance in the High-Tech Sector

Webinar: Anti-Corruption Compliance in the High-Tech Sector   Wednesday, September 9, 2015, 12 Noon EST    Sign Up Here   The Justice Department and the SEC have focused FCPA enforcement resources on high-tech companies. Several high-tech companies have settled FCPA enforcement actions, while others remain under investigation. In a recent enforcement action, an SAP former executive plead guilty to an FCPA conspiracy and is awaiting...

The Danger of Compliance Overkill

Government prosecutors spend time promoting enforcement programs and encouraging companies to design and implement effective ethics and compliance programs. The blogosphere is filled with articles, surveys, studies, warnings, and marketing efforts all directed to encourage companies to increase compliance programs and resources. Companies have responded by increasing attention and resources to ethics and compliance programs. In particular, regulated industries are spending vast sums to enhance,...

Webinar: August 18, 2015: Effective Training Strategies for Ethics and Compliance Programs

Webinar: August 18, 2015 1 PM to 2 PM EST Sign Up Here Companies are spending more resources on ethics and compliance programs. Department of Justice and SEC prosecutors are increasing their focus on compliance training programs to make sure they are tailored to a company’s risk profile and the company’s workforce.   Compliance officers have to develop training content that is engaging and relevant to...