Tagged: Chief Compliance Officer

Making Sure Business Ethics Has a Seat at the Table

Everyone likes to cite and talk about the list of horrible scandals. Whether it is Enron, WorldCom, Siemens, GM, VW, Wells Fargo, we pick through the details, cite failures and use it as a springboard to a discussion of higher ideals and performance. Call it a reminder of worst-case scenarios. The rise in the chief compliance officer is based on the need for corporations to...

When Lawyers Cross the Line – Breaking Bad Under the Law

While reading the Embraer settlement documents, I read over the facts implicating a senior legal executive and his/her involvement in the Embraer bribery scheme. Truthfully, I had a slight gasp as I read about a fellow lawyer crossing the line – from lawful to unlawful. Not only did the Embraer legal executive know about the bribery scheme, the executive was the one who came up...

Rescheduled Webinar: Rising Government Expectations for Compliance Programs

Rescheduled Webinar: Rising Government Expectations for Compliance Programs   November 10, 2016, 1 PM EST Sign Up Here My apologies but I had to reschedule the webinar: Rising Government Expectations for Compliance Programs to November 10, 2016, 1 PM EST. The Justice Department has made it clear that companies have to design and implement effective compliance programs.  Recent enforcement actions have highlighted weaknesses in corporate compliance...

When Business Supersedes Compliance – A Recipe for Disaster

When looking through the wreckage of a major corporate compliance disaster, it is relatively easy to spot the important events when business needs (or money) are consciously elevated over compliance concerns or even reputational risks. It is easy to spot the circumstance, and with perfect hindsight announce to everyone (assuming someone is listening) that you would not have followed that course of action. In the...

Creating a Valuable Training “Program”

We all know the scene but choose to ignore it – a senior employee or manager is taking an online training course and is talking on the phone, writing emails and basically ignoring the training session. Why? Because it has no importance to the employee’s job. It is irrelevant but something he or she has to complete. A check the box task if ever there...

Responsible Corporate Officers’ Jail Sentences Upheld in Selling Contaminated Eggs

In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine) for their role in distributing eggs tainted by salmonella. (Here). In 2010, approximately 56,000 persons fell ill from salmonella after eating contaminated eggs. The outbreak was eventually traced back to...

Defining the Compliance Mission – More Than Just Preventing Violations

I am not one to beg but I have decided I have nothing to lose here – please, when it comes to compliance, everyone has to adopt a new mantra. The purpose of compliance is not to prevent legal and code of conduct violations. Such a purpose is way too limited in scope and almost guarantees failure, because at one time or another, company employees...

Getting Your Arms Around Antitrust Compliance (Part II of II)

Anti-corruption compliance programs are the rage now – is that a young person’s expression? Antitrust has been a forgotten stepchild, partly because of DOJ’s unwillingness to credit companies that maintain effective compliance programs. That is not a legitimate excuse since every company should be addressing antitrust compliance as part of an overall compliance program. Antitrust compliance, however, has been around for many years, and usually fell...

A Rush to Compliance: Patience is a Virtue

Compliance officers are, by definition, goal driven. They are high achievers and expect to succeed. So what. You may say – we all know that. Compliance officers are not the most patient group of people. They want to see change, improvement and action. Patience is not in their blood, nor is it their middle name(s). Unless a CCO is directed by the board or the...

Do Former Prosecutors Make Good CCOs?

A number of companies have adopted the requirement that a new Chief Compliance Office come from the ranks of former federal prosecutors. I am not sure exactly why companies have adopted this requirement. Perhaps company leaders think this will give the company an advantage when dealing with the Justice Department or the SEC. With full disclosure here, I admit my bias in favor of federal...