General
This is a posting that I have wanted to write since the GM scandal occurred. I have to start with a rhetorical question – Would the GM debacle have occurred if GM had an independent and empowered Chief Ethics and Compliance Officer? The answer to this is not as easy as
General
Continuing with my list theme for the week, it is important to remind everyone that a culture of compliance begins with the board of directors, filters to the CEO who commits to promoting ethics and compliance in the company, and finishes with a fabric of ethics and compliance that is
General
In the era of global antitrust cartel enforcement, antitrust practitioners often scratch their collective heads and ask why is antitrust compliance so ignored by government enforcement agencies. Instead of promoting antitrust compliance programs by offering real and meaningful incentives, antitrust enforcement agencies offer no carrots to companies to enhance their
General
Chief Compliance Officers are the rising professional stars in the corporate employment landscape (along with IT professionals who have practical perspectives). The profession is at an important test – where will the profession go from here and what steps do CCOs need to take to prepare for these challenges? I always
General
In this Internet-age of ADHD and simplistic thinking, I thought I would contribute this week by putting together some lists of common themes in the ethics and compliance world. Unfortunately, we are all addicted to quick analysis, rapid descriptions, and targeted thinking. It is one of the downsides of
Webinars
Companies incur numerous expenses for travel, gifts, meals and entertainment expenses. Prosecutors at the Justice Department and the SEC often focus on these expenses in enforcement actions under the FCPA. Companies have to develop and implement prospective systems and controls for reviewing and approving such expenditures. View more videos like
General
Like Tinkers to Evers to Chance completing a double play, compliance programs need to maintain important links among three key elements – its complaint system, the handling of such complaints, and the publicized resolution of such complaints to encourage its Speak Up culture. Complaint Reporting Channels: Many companies have more than
Uncategorized
The FCPA has broad extraterritorial reach. Everyone knows that and understands how foreign conduct can be prosecuted in the United States courts. FCPA violators, however, are learning about the long-arm of the law and the United States government’s ability to apprehend suspected criminals around the globe. The recent
Uncategorized
You have to admire some people for their chutzpah. In a recent Global Fraud Survey conducted by Ernst & Young (available Here), survey results suggested that anti-corruption compliance may be “running out of steam.” If accurate, the results are surprising. Anti-corruption enforcement is a growing risk, not just
Uncategorized
Niagara Falls, slowly I turn, step-by-step, inch-by-inch. In a creative epiphany, I have found a way to link together one of my favorite Three Stooges (Curly was my hero) scenes and Wal-Mart’s current situation in Delaware relating to discovery of materials in an ongoing
Uncategorized
Companies spend a lot of time and effort promoting a “Speak Up” culture. Even before the SEC’s whistleblower program, senior managers recognized that they needed to know what is occurring in the company. The only way to learn is to encourage officers, managers and employees to speak up. It
Uncategorized
The SEC has a real perception problem. They cannot win in court. Whether this is fair or not, the SEC needs to move beyond this fear of losing since it only undermines the integrity of its enforcement program. As a former prosecutor, I can assure you that prosecutors, just like