Tag: DOJ

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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]]]>

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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]]]>

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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]]]>

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    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]]]>

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    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]]]>

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    This Week in FCPA

    This Week in FCPA-Episode 21

  • Star Trek and its influence on compliance, click here;
  • SEC Press Release on whistleblower bounty payments;
  • Cisco Systems received declinations from SEC & DOJ, as reported in the FCPA Blog;
  • WSJ article Out of the SEC, Into the Whistleblower Industrial Complex
  • NYT article Whistle-Blowing Insiders: ‘Game Changer’ for the S.E.C.
  • GHBER registration for Sept. 15 panel on new ways to integrate the compliance function with the business while continuing to provide robust protection to the organization, click here.
  • Red Flag Group registration for webinar on Gathering materials from your suppliers to better understand their business practices, click here.

    • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2Kv” float=”none”]The top review of the week’s FCPA compliance and ethics. This Week in FCPA.[/tweet_box]]]>

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    Compliance Into the Weeds

    Compliance into the Weeds-Episode 8, big data, risk assessments, the compliance profession and implications from the Yates Memo