I am reluctant to wade into the issue of CCO liability because I gravitate toward a simplistic answer to a complex question – when does a CCO cross the line to warrant civil or even criminal prosecution? My simplistic response is trite – “When they break the law or when the facts warrant prosecution.” Based on my simplistic view, I have resisted dramatic warnings and...
Alex Cotoia, Regulatory Manager at The Volkov Law Group, rejoins us for a post providing additional color into U.S. Deputy Attorney General Lisa Monaco’s recent announcement on changes to DOJ policies. Alex can be reached at [email protected]. On October 28, 2021, U.S. Deputy Attorney General Lisa O. Monaco—a veteran of government service in previous Administrations and a champion of corporate accountability—announced several significant changes to...
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...
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...
Corporate leaders and executives like to mouth the words surrounding corporate culture. It is part of the code they all use with each other. Few of them, however, really know what the word means or even dare to understand the importance to their business. Let’s face it – corporate leaders and executives like to talk the talk but they rarely if ever understand what they...
John Fons, former head of Modine Manufacturing in Wisconsin, joins Tom Fox for a fascinating podcast discussion on compliance issues. John Fons is a former client, a long-time friend and professional colleague. He offers a valuable perspective on compliance issues, board relationships, and effective compliance oversight and strategies. The Podcast is available HERE.
Change before you have to – Jack Welch The key to change . . . is to let go of fear – Rosanne Cash Corporations are slow to change. Unless forced by government prosecutors or regulators, companies inherently resist change, even when such changes can make a business more profitable. Corporate behavior often reflects individual human perceptions and conduct. Individuals are slow to change unless...
Chief compliance officers are heroes. They labor every day to advance a company’s ethics and compliance program without much recognition, with few resources, and with well-known gaps in their programs. CCOs live by a credo – they risk-rank and prioritize all their activities (hopefully) on an ongoing basis. It is a job similar to our cats and dogs chasing their own tails – they will...
The path of the compliance profession has been remarkable. Recently, I have seen a number of tweets and postings from compliance thought leaders touting the accomplishments of compliance and the transformation of the profession (e.g. Donna Boehme and Roy Snell). In particular, compliance thought leaders cite the increase of CCOs who report directly to the CEO and no longer report to the chief legal officer. ...
Compliance officers have a difficult job. So why are so many people interested in joining the profession? At bottom, compliance professionals are inspirational professionals and inspired by their mission. Compliance officers have a mission – to embed and promote a culture of ethics and compliance. When you boil it down, every compliance officer is dedicated to two specific missions: to embed and protect its culture,...
