Tag: DOJ

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This Week in FCPA

This Week in FCPA-Episode 56

  • The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit disgorgement. For what it means to the compliance practitioner, see Tom’s piece in the FCPA Compliance & Ethics Blog. For a legal review of the decision, see Miller & Chevalier client alert authored by Saskia Zandieh. Marc Bohn considered the case in the FCPA Blog. Marc and I discuss the case on the FCPA Compliance Report, Episode 332.
  • Trevor McFadden to leave the DOJ for federal bench. See article by Matt Kelly in Radical Compliance. Hui Chen’s contract not to be renewed, her position is posted for job applicants. Apply for the position here. Andrew Weissman leaves as head of the Fraud Section to go Special Prosecutor’s staff.
  • Former PetroTiger General Counsel Gregory Weismann is banned from SEC practice. See article in the FCPA Blog.
  • Matthew Stephenson considers what a Wal-Mart settlement might look like. See his article in the Global Anti-Corruption Blog.
  • The federal judge who sentenced Samuel Mebiame, the bag man for Och-Ziff; criticized the DOJ for its lack of prosecution of any individuals from the company. See article by Sam Rubenfeld in WSJ Risk and Compliance Report.
  • Jay previews his weekend report.
  • Tom continues to talk about the release of his new book 2016 – The Year in Corporate FCPA Enforcement. For more information and to purchase, click here.

    •  
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-3kx” float=”none”]
    When do Mike & Mike agree on anything? Find out on This Week in FCPA. [/tweet_box]
    Jay Rosen can be reached:
    Mobile (310) 729-6746
    Toll Free (866)-201-0903
    JRosen@affiliatedmonitors.com
    Tom Fox can be reached:
    Phone: 832-744-0264
    Email: tfox@tfoxlaw.com]]>

    Categories
    Everything Compliance

    Everything Compliance-Episode 10, first 100 day of the Trump Administration

    This episode is dedicated to the chaotic (at best) first 100 days of the Trump administration related to compliance.

    1. Jonathan Armstrong leads a discussion of the Trump administration’s devolution of Privacy Shield, GDPR, and what they mean for American companies doing business in the UK and EU. He discusses the key differences in the DOJ’s Evaluation of Corporate Compliance Programs in an FCPA analysis and under the Bribery Act, differences in the EU approach to conflict minerals, and under the Trump Administration, and concludes by giving us his thoughts on what Brexit means for compliance.

    For the Cordery Compliance client alerts, see the following:
    EU conflicts minerals compliance legislation 
    DOJ Evaluation of Corporate Compliance: how does it compare to UK Bribery Act 2010?
    BREXIT Glossary

    1. Jay Rosen considers what companies the intersection of business and politics under the Trump administration, the business response he has observed to Trump administrations steps and miss-steps, the comments made by DOJ representatives at Q1 conferences, and the vibe of compliance conference attendees.

    For Jay’s posts, see,
     Still in the Enforcement Business and Evaluation of Corporate Compliance Programs
    “It Was the Best of Times, It was the Worst of Times,” or “Ignorance is Strength”
     Matt Kelly opens with a discussion of regulatory enforcement under the Trump administration, how the ‘Trump Effect’ is negatively impacting corporations, and industry responses to deregulation issues and lays down some markers around compliance issues under the new administration.
    For Matt Kelly’s posts, see:
    Compliance in the Trump Era: More Markers Placed
    Trump Administration Whacks Telco Firm for $892 Million
    Drone Industry Pan Trump’s Regulatory
    Trump Risk Disclosures Start Rolling In
    First SEC Whistleblower Award of the Trump Era
    Sessions Dodges, Weaves, Promises on FCPA

    1. Mike Volkov rounds out the discussion with a review of where the DOJ is currently under AG Sessions, remarks by DOJ officials on FCPA enforcement, the future of the Pilot Program, and DOJ Compliance Counsel Hui Chen.

    For Mike Volkov’s posts, see the following:
    Yates, AG Sessions and Individual Criminal Prosecutions
    New E-Book — Moving the Goalposts: The Justice Department Redefines Effective Compliance
    FCPA Remediation Focus on Supervisory Personnel
    FPCA Pilot Program Motors On
    For Tom Fox’s posts on the Trump administration’s first 100 days, see the following:
    The Trump Administration-Kaos is Bad for Business
    The Trump Administration-Failures in Leadership and Management
    The Trump Administration-Preparing for a Catastrophe
    The Trump Administration-the Business Response
    DOJ Enforcement of the FCPA and the International Fight against Corruption in the Trump Administration
    The members of the Everything Compliance panel include:

    • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
    • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
    • Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of Compliance Week. Kelly can be reached at mkelly@radicalcompliance.com
    • Jonathan Armstrong – Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com

    [tweet_box design=”default” url=”http://wp.me/p6DnMo-3eF” float=”none”]What has the Trump effect meant for FCPA? The experts weigh in.[/tweet_box]]]>

    Categories
    Everything Compliance

    Everything Compliance – Episode 10, first 100 days of the Trump Administration

    • Jonathan Armstrong discusses the Trump administration’s devolution of Privacy Shield, GDPR, and what they mean for American companies doing business in the UK and EU. He discusses the key differences in the DOJ’s Evaluation of Corporate Compliance Programs in an FCPA analysis, under the Bribery Act, in the EU approach to conflict minerals, and under the Trump Administration. He concludes by giving us his thoughts on what Brexit means for compliance.

    For the Cordery Compliance client, alerts see the following: EU conflicts minerals compliance legislation  DOJ Evaluation of Corporate Compliance: how does it compare to UK Bribery Act 2010? BREXIT Glossary

    1. Jay Rosen considers what companies the intersection of business and politics under the Trump administration, the business response he has observed to Trump administrations steps and miss-steps, the comments made by DOJ representatives at Q1 conferences, and the vibe of compliance conference attendees.

    For Jay’s posts, see,  Still, in the Enforcement Business and Evaluation of Corporate Compliance Programs “It Was the Best of Times, It was the Worst of Times,” or “Ignorance is Strength” Matt Kelly opens with a discussion of regulatory enforcement; under the Trump administration, how the ‘Trump Effect’ is negatively impacting corporations, industry responses to deregulation issues and lays down some markers around compliance issues under the new administration. For Matt Kelly’s posts, see Compliance in the Trump Era: More Markers Placed Trump Administration Whacks Telco Firm for $892 Million Drone Industry Pan Trump’s Regulatory Trump Risk Disclosures Start Rolling In First SEC Whistleblower Award of Trump Era Sessions Dodges, Weaves, Promises on FCPA.

    1. Mike Volkov rounds out the discussion with a review of where the DOJ is currently under AG Sessions, remarks by DOJ officials on FCPA enforcement, the future of the Pilot Program, and DOJ Compliance Counsel Hui Chen.

    For Mike Volkov’s posts, see the following: Yates, AG Sessions and Individual Criminal Prosecutions New E-Book — Moving the Goalposts: The Justice Department Redefines Effective Compliance FCPA Remediation Focus on Supervisory Personnel FPCA Pilot Program Motors On For Tom Fox’s posts on the Trump administration’s first 100 days see the following: The Trump Administration-Kaos is Bad for Business The Trump Administration-Failures in Leadership and Management The Trump Administration-Preparing for a Catastrophe The Trump Administration-the Business Response DOJ Enforcement of the FCPA and the International Fight against Corruption in the Trump Administration The members of the Everything Compliance panel include:

    • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com.
    • Mike Volkov – One of the top FCPA commentators and practitioners and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
    • Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of Compliance Week. Kelly can be reached at mkelly@radicalcompliance.com.
    • Jonathan Armstrong – Rounding out the panel is our UK colleague, an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com.
    Categories
    This Week in FCPA

    This Week in FCPA-Episode 46, the On the Rode to Prague Edition

  • Why powerful people fail to stop bad behavior by their underlings. Click here for the article.
  • Some policy management lesson, courtesy United Airlines. Click here for Matt Kelly’s article on Radical Compliance.
  • Why you shouldn’t linger too long in the wrong compliance position. See Julie DiMauro’s blog post on the FCPA Blog.
  • Bribe recipient in the Gerald and Patricia Green FCPA case gets 50 years in prison. See article in the FCPA Blog.
  • Using data to operationalize your compliance program. Read Tom’s blog post, by clicking here.
  • What the New York state Department of Financial Services new regulation on cybersecurity for financial services companies means for compliance officers. See Tom’s blog post by clicking here.
  • Jay previews his weekend report.

    • Jay Rosen new contact information:
    Jay Rosen, CCEP
    Vice President, Business Development
    Monitoring Specialist
    Affiliated Monitors, Inc.
    Mobile (310) 729-6746
    Toll Free (866)-201-0903
    JRosen@affiliatedmonitors.com
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-3aD” float=”none”]How can the use of data help to operationalize your compliance program?[/tweet_box]]]>

    Categories
    Compliance Into the Weeds

    Compliance into the Weeds-Episode 29


    In this episode, Matt Kelly and myself take a deep dive into the Department of Justice (DOJ) recent release, entitled “Evaluation of Corporate Compliance Programs” (Evaluation), which went up on the Fraud Section website on February 8.
    The document is an 11-part list of questions which encapsulates the DOJ’s most current thinking on what constitutes a best practices compliance program. Within the list are some 46 different questions that a Chief Compliance Officer (CCO) or compliance practitioner can use to benchmark a compliance program. In short, it is an incredibly valuable and most significantly useful resource for every compliance practitioner.
    The Evaluation, most generally, follows the DOJ and Securities and Exchange Commission’s (SEC) seminal Ten Hallmarks of an Effective Compliance Program, released in the 2012 FCPA Guidance. If there is one over-riding theme in the Evaluation, it is the DOJ’s emphasis on doing compliance as the questions posed are designed to test how far down your compliance program is incorporated into the fabric of your organization. The Evaluation is not simply a restatement of the Ten Hallmarks, as it clearly incorporates the DOJ’s evolution in what constitutes a best practices compliance program, and it certainly builds upon the information put forward in the DOJ’s FCPA Pilot Program regarding effective compliance programs, most particularly found in Prong 3 Remediation.
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-33Q” float=”none”]What does the DOJ Evaluation mean for compliance programs?[/tweet_box]]]>

    Categories
    Everything Compliance

    This Week in FCPA-Episode 38, the M&M Edition

    Show Notes for Episode 38, for the week ending February 3, the M&M edition:

    1. January a month for the FCPA record books. See article in the FCPA Blog.
    2. Are hunting trips a FCPA violation? How about in Sweden? See article in by Tom Fox in Compliance Week.
    3. VW update-what the former CEO knew and when did he know it and CCO ‘departs’. What does it all mean? See Tom Fox articles in Compliance Week on the former CEO and the departure of the CCO.
    4. New Tom Fox series on One Month to a Better Board, FCPA Compliance Report.
    5. Everything Compliance-Episode 6 is out. It is dedicated exclusively to Rolls-Royce.
    6. Jay Rosen Weekend Report preview.
    7. Super Bowl predictions.

    [tweet_box design=”default” url=”http://wp.me/p6DnMo-31q” float=”none”]What were the week’s top FCPA, compliance and ethics stories? Check out This Week in FCPA to find out. [/tweet_box]]]>

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    This Week in FCPA

    This Week in FCPA-Episode 35

    th edition:

    1. Hernandez and Beech FCPA guilty pleas. Hernandez Criminal Information, Beech Criminal Information.
    2. VW guilty plea in emissions-testing scandal. Link to article in New York Times.
    3. VW executive Oliver Schmidt arrested in US. See article on FCPA Compliance and Ethics Blog.
    4. Zimmer Bio-Met in follow-up FCPA enforcement action. See article on FCPA Blog.
    5. Mondelez FCPA enforcement action. See SEC Cease and Desist Order and article on FCPA Compliance and Ethics Blog.
    6. Supreme Court to take up 5 year statute of limitations for profit disgorgement under Securities Act, which applies to FCPA enforcement actions brought by SEC. Article in Law360.
    7. NFL Playoff update on Patriots, Cowboys and Texans.

    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2XB” float=”none”]What were the FCPA matters, issues and lessons from the week ending January 13, 2017? Check out This Week in FCPA.[/tweet_box]]]>

    Categories
    Everything Compliance

    This Week in FCPA-Episode 32, the not so friendly skies edition

  • United Airlines SEC enforcement action for domestic; the Chairman’s Flight and the US Corrupt Practices Act, for a copy of the Justice Department NPA, click here and for a copy of the SEC Cease and Desist Order, click here.
  • Monetary Authority of Singapore seeks to suspend former Goldman Sachs trader in 1MDB scandal. Link to Fox blog post on Compliance Week.
  • FATF report that US weak on beneficial ownership issues, for a copy of the report, click here.
  • Wal-Mart up to $820MM in pre-settlement FCPA settlement spend, on Radical Compliance.
  • Release of eBook, Trump on Compliance.
  • SEC Director of Enforcement, Andrew Ceresny announces he will leave the SEC. See NYT article, here.
  • GibsonDunn briefing on The Road Ahead: DOJ and Federal Enforcement in the Trump Administration predicts a Southern California centered FCPA matter will be concluded by year end.
  • 10th Annual SEC & DOJ HOT TOPICS 2017 — Current Developments Materially Affecting Corporations, Financial Institutions, Individuals organized by Sandpiper Partners LLP and program developed by PwC, notes GibsonDunn partner Deb Yang listed as potential SEC Commissioner.
  • Jay Rosen weekend report update.

    • Catc[tweet_box design=”default” url=”http://wp.me/p6DnMo-2Tz” float=”none”]h up on the week’s top FCPA compliance and ethics storylines, events and issues with This Week in FCPA.[/tweet_box]]]>

    Categories
    Everything Compliance This Week in FCPA

    This Week in FCPA-Episode 29, the Brave New World edition

  • Trumps stunning and surprising win and what does it mean for regulatory enforcement and FCPA –See article in the New York Times, Deal Book — How Trump’s Presidency Will Change the Justice Dept. and S.E.C.; for additional views on see Matt Kelly’s thoughts on his site, radicalcompliance.com “5 Post-Elections Points for CCOs to Ponder; for the nightmare scenario, see Matthew Stephenson’s blog post, “US Anticorruption Policy in a Trump Administration: A Cry of Despair from the Heart of Darkness” and finally Jack Kelly’s perspective from the compliance arena in the financial services sector (Dodd-Frank), “It is Not Looking too Good for Compliance Officers in the New Trump Administration”. The next Everything Compliance podcast will be devoted to this top;
  • New French Anti-Corruption Law (Saipan II) – click here for Miller & Chevalier newsletter on this new law. http://www.millerchevalier.com/Publications/MillerChevalierPublications?find=183702
  • The VW emissions-testing scandal investigation expands. As reported in the FCPA Blog, German prosecutors name VW chairman in expanded probe;
  • 1st edition of Everything Compliance Podcast, the new podcast in the FCPA Compliance and Ethics Report podcasting network;
  • Scott Moritz continues his two-part series on compliance and M&A, focusing on post-acquisition. Click here for the FCPA Blog posting, A plan to integrate the compliance program after an acquisition;
  • Rio Tinto announces it has suspended a senior executive for payment to a consultant to assist the company obtain a mining concession in Guinea that it had previously lost. See blog post on the FCPA Compliance and Ethics Report;
  • Joe Warin and Julie Rapoport Schenker discuss the intersection of corporations, white collar defense and trials in their law review article on why companies refuse to settle and instead go to trial. To read click here; and
  • The Jay Rosen Weekend Report.

    • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2QP” float=”none”]What are the week’s top FCPA, compliance and ethics stories?[/tweet_box]]]>

    Categories
    This Week in FCPA

    This Week in FCPA-Episode 24, the SCCE Edition

  • Misonix discloses possible FCPA violations, as reported in the FCPA Blog:
  • The Anheuser-Busch InBev SEC FCPA enforcement action, click for the SEC Order;
  • Och-Ziff SEC FCPA enforcement action, click for the SEC Order,
  • HMT LLC and NCH Corp receive Declinations yet are required to disgorge profits, for the HMT Declination letter, click here and for the NCH Declination letter click here;
  • Final thoughts by Tom and Jay on the recently concluded SCCE 2016 Compliance and Ethics Institute; and
  • Jay previews his Weekend Report.

    • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2MP” float=”none”]Och-Ziff, Anheuser-Busch in India and a new category of declinations, wrap up of the SCCE, all in This Week in FCPA.[/tweet_box]]]>