Corruption Crime & Compliance

Companies continue to face significant risks from their third parties.  In response, companies are implementing sophisticated due diligence and third party risk management systems.  FCPA enforcement risks are only one of several risks created by a company's third parties.  Companies have to screen and review their third parties for corruption, sanctions, money laundering, antitrust, human traffick...

Companies continue to face significant risks from their third parties.  In response, companies are implementing sophisticated due diligence and third party risk management systems.  FCPA enforcement risks are only one of several risks created by a company's third parties.  Companies have to screen and review their third parties for corruption, sanctions, money laundering, antitrust, human traffick...

The FCPA includes a specific requirement that a public company maintain an adequate set of internal controls.  A company's compliance program is one component of a company's internal controls.  Sarbanes-Oxley expended and reinforced this important requirement. The Department of Justice and the SEC have aggressively enforced the internal controls requirement.  The SEC, in particular, has expansivel...

In an unprecedented action, on February 2, 2018, the Federal Reserve restricted Wells Fargo's ability to grow its business until it implements comprehensive improvements to its board governance and risk and compliance systems.  Citing Wells Fargo's poor record of governance and risk management resulting in the community banking sales incentive scandal and continuing problems at the bank, the Feder...

In January 2018, the Department of Justice and the Securities and Exchange Commission announced criminal and civil fraud and conspiracy charges against five KPMG and a Public Company Accounting Oversight Board employee arising from sharing of confidential audit inspection information by PCAOB employees with KPMG audit partners.  A sixth defendant, a KPMG official and former PCAOB employee plead gu...

The growth in ethics and compliance has had a dramatic impact on corporate actors, including the CEO, chief compliance officers, internal audit and chief financial officers.  The corporate board's role in compliance continues to be deficient.  Corporate boards are in for a rude awakening -- a new era of accountability for ethics and compliance is beginning. In this episode, Michael Volkov outlines...

Tom Fox rejoins Corruption, Crime & Compliance for a 2017 FCPA Review.  Tom discusses important trends and events from 2017 in FCPA enforcement and compliance. Tom is the thought-leader on FCPA and compliance issues.  He maintains the popular blog, FCPA Compliance & Ethics, the Podcast Network and is a prolific author of numerous books, articles, and e-books.

As more companies implement ethics and compliance programs, chief compliance officers are increasingly focusing on the need to test and evaluate their compliance program.  An effective testing program provides important information that compliance officers can use to improve thier respective compliance programs. In this episode, Michael Volkov and Jacqui Merrill, Senior Counsel at the Volkov Law G...

Jean-Michel Ferat, a leading FCPA Forensic Accountant, and Senior Managing Director at Ankura Consulting, joins Michael Volkov, in Episode 21 of the Podcast, Corruption Crime & Compliance. Jean-Michel Ferat is a leading forensic accountant and has vast experience in uncovering complex bribery schemes and financial crimes.  Jean-Michel also works with large, mid-size and small companies to desi...

Companies face increasing challenges from management and protection of data from hackers and breaches of sensitive commercial and personal data.  Recent headlines have underscored the threats to companies from such breaches.  The risk of reputational harm to companies is serious.  Complaince departments are starting to play an increased role in mitigating these serious risks. In this episode, Mich...

FCPA enforcement continued in 2017 with an increased emphasis on individual enforcement. Despite early questions as to the new administration's commitment to FCPA enforcement, the Justice Department and the SEC continued to push aggressive enforcement cases, building on well-established relationships with global law enforcement partners. In a significant development, the Justice Department issued...

In episode three of a three-part series, Michael Volkov, who has 25 years experience as a federal prosecutor, discusses next steps on Special Counsel Mueller's investigation.

In part II of his three-part series, Michael Volkov offers his insights and perspective, based on 25 years of services as a federal prosecutor, on the ongoing Russian investigation.  In this episode, Michael Volkov focuses on the Michael Flynn plea agreement.

Michael Volkov provides his perspective, based on 25 years as a federal prosecutor, on Special Counsel Mueller's ongoing investigation of the Trump Administration and potential crimes involving illegal collaboration with the Russian government and potential obstruction of justice.  Michael Volkov provides a fresh overview of the ongoing investigation, and focuses this initial episode on the backgr...

On November 26, 2017, the Justice Department announced adoption of its new FCPA Corporate Enforcement Policy.  Deputy Attorney General Rod Rosenstein announced the new policy at an FCPA Conference in Washington, D.C. Under the new policy, corporations that voluntarily disclose potential FCPA violations, fully cooperate with the investigation and implement timely and appropriate remediation will ea...

Compliance officers have to be mindful of new and emerging threats.  In the past few years, cyber security and data privacy have been quickly rising as new and significant threats that corporations face in the global marketplace. The European Union has adopted a far-reaching new regulatory regime applicable to companies that conduct business in the European Union and collect any sensitive data rel...

To implement an effective ethics and compliance program, global companies have to establish an effective internal investigation program.  Whether conducting a critical or routine investigation, investigators have to be able to conduct interviews in a fair and effective manner.  The success of an internal investigation often depends on the interviews of subjects and witnesses. In this podcast, Mich...

Global companies face ever-increasing risks with sanctions screening and compliance.  The US Treasury Department's Office of Foreign Asset Control ("OFAC") have aggressively enforced complex sanctions regulations against global companies, including banks, oil service and technology companies.  In this aggressive enforcement era, companies have to implement robust screening and compliance controls...

In a watershed week for FCPA enforcement, the US Department of Justice announced FCPA criminal charges against seven individuals.  Specifically, the Justice Department announced four guilty pleas and one indictment as follow on prosecutions to the January 2017 Rolls Royce FCPA enforcement action, and two guilty pleas in a yet to be announced enforcement action against SBM Offshore. The Justice Dep...

An effective ethics and compliance program requires a careful assessment of risks and existing controls.  In order to design and implement an effective program, a chief compliance officer has to identify and prioritize company risks.  In addition, a CCO has to review and understand how existing compliance controls mitigate existing risks. A risk assessment is the foundation of a compliance program...

Global companies and corporate officers and employees face significant criminal antitrust risks.  The US Department of Justice's Antitrust Division has a mature and aggressive enforcement program targeting illegal cartel activity.  Unfortunately, companies have been slow to implement ethics and compliance programs that are adequately focused on these serious criminal risks. In this episode, Michae...

In the aftermath of the Panama Papers scandal and increased focus on shell companies and hidden ownership interests, US enforcement and regulatory agencies are increasing focus on beneficial ownership of related entities.  In this era of aggressive enforcement, global companies have to integrate beneficial ownership requirements when conducting due diligence of business associates and when engagin...

The Ukraine-Russia Sanctions program is a complex set of executives orders, statutes and regulations defining prohibited business transactions with Russian entities and individuals.  The sanctions program was instituted in 2014 in response to Russia's invasion of the Ukraine and annexation of Crimea.  In August 2017, Congress enacted statues and directed OFAC to implement additional regulations. ...

The ISO 37001anti-bribery risk management system was issued in 2016.  The standard provides additional guidance on anti-bribery risk management systems and creates a certification process for organizations. Even after one year, there are still questions surrounding the value of ISO 37001 and its certification process. FNotwithstanding the uncertainty surrounding the value of a certification, ISO 3...

Corruption, Crime & Compliance is pleased to welcome Tom Fox, the Compliance Evangelist, for an interesting interview on Tom's career, his vast compliance program and writing network, and his interesting perspectives on the compliance profession.