Tagged: internal controls

4 Aug, 2024

Episode 332 — Deep Dive into SEC’s Internal Controls and Cybersecurity Settlement with R&R Donnelly

In a significant expansion of internal controls enforcement, the SEC announced a $2.1 million settlement with R.R. Donnelley & Sons Co. (“RRD”) for its handling of a 2021 ransomware attack and resulting disclosure failures. The settlement represents the SEC’s first application of its internal controls enforcement authority to include cybersecurity policies and procedures. The SEC’s interpretation represents a significant expansion of its enforcement authority. In...

General

28 Mar, 2023

Flutter Entertainment Settles SEC FCPA Case for $4 Million for Improper Payments to Russian Consultants

Flutter Entertainment, the previous owner of PokerStars, agreed to pay the Securities and Exchange Commission $4 million for improper payments to Russian-based consultants, stemming from conduct committed by The Stars Group, PokerStars previous owner. Flutter purchased PokerStars in 2020. Flutter is an Ireland-based global gaming and sports betting company. Flutter was tagged with the FCPA violations committed by the Stars Group prior to Flutter’s acquisition. ...

Uncategorized

7 Feb, 2023

The Importance of Accounting and Internal Controls (Part I of II)

Here are some basic propositions that surround FCPA compliance. It is often underplayed that the FCPA contains more than just a bribery prohibition – the FCPA contains broad provisions, requiring accurate books and records and internal controls. When it comes to bribery, wrongdoers have to find ways to “steal” or gain unauthorized access to money often by circumventing internal controls. Thus, bribery conduct often goes...

General

3 Oct, 2022

Oracle Joins Ranks of FCPA Recidivists: Settles SEC Case for $23 Million (Part I of II)

Oracle Corporation settled its second FCPA case in ten years. Oracle agreed to pay $23 million to resolve allegations that its subsidiaries in Turkey, India and the United Arab Emirates maintained slush funds to bribe foreign officials. Ten years ago in 2012, Oracle paid the SEC $2 million creating millions of dollars in off-the-books accounts at its India subsidiary. Oracle agreed to pay $8 million...

General

2 Aug, 2022

Compliance Program Monitoring, Testing, Audits, Assessments and Continuous Improvement (Part I of IV)

Chief compliance officers have a lot of issues to balance on their plate. Experienced CCOs know that it is not possible to complete every objective, balance every changing risk, and continuously improve their respective compliance programs on a real-time basis. If you review the Department of Justice’s Evaluation of Corporate Compliance Programs, there is more than a mouthful of requirements designed to ensure that CCOs...

Podcasts

26 Feb, 2022

Episode 226 — A Deep Dive into KT Corp’s SEC Settlement for FCPA Violations

The SEC announced the first FCPA enforcement action in 2022. South Korean telecommunications company, KT Corporation, agreed to pay $6.3 million to settle FCPA violations. As part of the settlement, KT Corp. agreed to pay $3.5 million in civil penalties and $2.8 million in disgorgement. KT Corp. is South Korea’s largest telecommunications company. KT Corp. violated the FCPA’s books and records and internal accounting controls provisions...

General

21 Feb, 2022

KT Corp. Settles SEC FCPA Case for $6.3 Million (Part I of III)

The SEC announced its first FCPA enforcement action in 2022. South Korean telecommunications company, KT Corporation, agreed to pay $6.3 million to settle FCPA violations. As part of the settlement, KT Corp. agreed to pay $3.5 million in civil penalties and $2.8 million in disgorgement. KT Corp. is South Korea’s largest telecommunications company. KT Corp. American Depositary Shares are traded on the New York Stock...

General

28 Oct, 2021

Building an ESG Structure and Program (Part II of III)

Investor demand for companies to provide robust and transparent ESG information is growing quickly. Investors understand that companies have to develop effective strategies to address ESG risks. The impact on shareholder price is evident – stakeholders are demanding that companies devote time and attention to ESG issues. Companies have to respond to this demand. Government regulators are quickly pushing the ESG movement. The European Commission...

General

29 Sep, 2021

WPP SEC FCPA Enforcement Action: Lessons Learned (Part III of III)

The SEC’s FCPA enforcement action against WPP presents a number of important lessons learned, ranging from third-party risk management, properly responding to employee complaints and red flags, and failure to integrate acquisition targets into existing compliance programs. At bottom, WPP and its subsidiaries lacked any culture of compliance. While it is easy to cite all the deficiencies in the WPP subsidiaries, such a focus misses...

General

8 Apr, 2021

Spring Cleaning: Time to Review Your Internal Controls

There are a lot of so-called “dirty secrets” in the corporate governance world. Not the tawdry kind that appear to follow controversial politicians – I mean in the world of internal controls. I would wager that most companies cannot even identify all of the policies, procedures and controls that have been created during the life of the company. Some exist in what I call the...