The Justice Department and the SEC are tired of investigating companies with “paper” compliance programs. It is easy to spot a “paper” compliance program – as the saying goes, you can smell it a mile away. The key distinguishing feature of an effective compliance program and a “paper” program can be distilled down to the question of whether the program is “operational.” Hui Chen, the...

Each year I have identified the so-called “person” of the year to capture the most significant enforcement and compliance trend. In the past, I have given the award to the Chief Compliance Officer, the Ethics Officer, the Prosecutors, and others. This year is not an easy choice. In my view, there have been three significant events or trends, each of which could easily be named...

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...

When the going gets tough, the tough do not necessarily get going. This is evident in the world of corporate governance, compliance, and defense against aggressive government enforcement. Corporate lobbying interests are pushing a new and dangerous agenda, one that is shortsighted and certain to create problems for chief compliance officers. Several years ago the Chamber of Commerce launched an attack on FCPA enforcement with...

As we close out the year, it is now time to begin the retrospective reviews and predictions for the New Year. I will try to keep them to a minimum but I find it important to reflect and look forward to new challenges. Compliance is a fast moving profession. More attention is being paid to the compliance function, and more companies are embracing the importance...

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...

Lauren Connell, Managing Associate at The Volkov Law Group, joins us again for a posting about self-reporting FCPA violations.  Lauren’s profile is here, and she can be reached at [email protected]. One of the critical questions when evaluating a potential FCPA violation is to decide whether to disclose the matter to the Justice Department and the SEC. The SEC recently announced a requirement for companies to voluntarily disclose...

For years, companies and compliance professionals have largely dismissed UK Bribery Act enforcement risks. Ever since the effective date for the UK Bribery Act, defense lawyers have been waiting for the SFO to begin serious enforcement actons. Last week may be the beginning of a new era in UL Bribery Act enforcement. First, a UK court approved the SFO’s first deferred prosecution agreement. Standard Bank,...

Free Webinar: DOJ Shifts Prosecution Strategy December 15, 2015, 12 Noon EST Sign Up Here I am pleased to announce that Tom Fox, Principal, Advanced Compliance Solutions, and I are conducting a joint webinar on Tuesday, December 15, 2015 at 12 pm EST, on the Justice Department’s shifting FCPA prosecution strategy and compliance program requirements. The Justice Department’s FCPA enforcement program is expected to undergo...

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...