CCOs face many challenges in their jobs. One area that is difficult but usually can be solved with common sense is where to draw the line on attorney-client privilege issues. As a practicing attorney, I can attest to the importance of the attorney-client privilege. It is a principle that is critical to the functioning of a corporation or any other organization. Communications for the purpose...
DOJ’s FCPA Pilot Program was panned when it was announced in April 2016. Critics contended that the incentive for voluntary disclosure of FCPA violations to DOJ was inadequate. Under the FCPA Pilot Program, a company can earn up to a 50 percent reduction from the bottom of the applicable range for calculation of a criminal fine. DOJ also noted the possibility of a declination with...
I was honored to participate in a brief podcast conducted by the MIS Training Institute, the International Leader in Audit and Security Training. The link to the podcast is here.
Perhaps the most positive and important aspect of the FCPA Pilot Program was the announcement of forward-looking and innovative remediation requirements for corporate compliance programs. As an aside, DOJ’s FCPA Pilot Program was a disappointment and failed to deliver meaningful incentives for companies to self-disclose FCPA violations to the Justice Department. The difference between 25, 50 and 75 percent from the bottom of the sentencing...
With increasing focus on infrastructure projects and greater public demand for improvements, governments are preparing to ramp up construction projects. Part of the budgeting process has to acknowledge the cost of corruption. It does not take a rocket scientist to figure out that construction and corruption go hand-in-hand. Corruption occurs in construction projects because of the incendiary mix of money, government bureaucracy, and lack of...
How to Conduct FCPA Audits May 4, 2016, 12 Noon EST Sign Up Here As companies implement anti-corruption compliance programs, the need for auditing and monitoring of their compliance programs increases. Companies have to structure an audit program to address significant risks and to identify potential weaknesses and problems. Mitigating those deficiencies can be a real challenge. Join Michael Volkov, CEO of The Volkov...
One of the more cynical “commitments” to compliance occurs when a company embraces compliance for the first time in response to a government investigation. I call this — finding “compliance” religion. When a company is under investigation or potentially under investigation, senior management embraces compliance and allocates resources to “protect” the company. We all know this is short-sighted thinking. A number of companies through the...
The importance of DOJ’s hiring of Hui Chen as Compliance Counsel was recently confirmed by DOJ’s release of new compliance remediation standards for FCPA compliance programs. DOJ has, once again, raised the bar on FCPA compliance programs. Compliance practitioners have a real and significant voice on behalf of the compliance function inside the Justice Department. In adopting a new pilot program for FCPA enforcement and...
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Review of Iran and Cuba Sanctions Programs — Compliance Challenges February 16, 2016 12 Noon EST Sign Up Here The US government has implemented major changes to the Iran and Cuba sanctions programs. Recently, the Treasury Department’s Office of Foreign Assets implemented major revisions effective on Implementation Day under the US-Iran Nuclear Agreement. For compliance professionals, the revised restrictions raise serious compliance challenges. In addition...
