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I had the honor of participating in a recent Rand Symposium which was organized by Dr. Michael Greenberg, RAND Corporation, Director, Center for Corporate Ethics and Governance (profile here), and Donna Boehme, Principal, Compliance Strategists LLC (profile here), and brought together a brilliant cross-section of experts, including corporate directors,
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The recent prosecution of two registered broker-dealers and a Venezuelan government official for FCPA violations underscores a point I often make – nothing good ever happens when the government has a reason to look around in your business. Whether it is to inspect for safety violations or any other regulatory
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With the political forces aligned to fight corruption, Russia may be finally making a serious and sincere effort to address corruption in Russian society. Do not get me wrong – Russia has a long way to go and there are a lot of cracks in the system. Corruption will always be
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My heritage is Russian; I know how Russians think and what makes them tick. Like its literary history, Russians are complex. If you try to generalize, or underestimate them, they will make mincemeat out of you. Businesses which are interested in entering Russia face a difficult environment, with huge upside
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Forgive me, as a former federal prosecutor for 17 years, it is hard to watch the Jodi Arias trial, not because she is guilty and deserves the death penalty but because of the incredibly poor performance by Judge Sherry Stephens. The trial has become a circus, and spun even more
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Companies with existing compliance programs are starting to focus on the importance of monitoring, auditing and improving their compliance programs. The Sentencing Guidelines and the FCPA Guidance both emphasize the importance of transforming a compliance program from a “paper” program to an “evolving” compliance program. A paper program is defined
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Just to show my age and my fascination with history – the recent flap over the IRS targeting of Tea Party-affiliated groups reminds everyone in my age bracket (and above) of the legendary Nixon(ian) scandals during the Watergate era. Since I have practiced law in DC all my life,
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Prosecutors are a fun bunch and they love their jobs and their mission – to prosecute law-breakers for violating the law. Prosecutors especially enjoy when they are charged with increasing enforcement of a specific law and watching the reaction of the industry to their prosecutorial impact. HIPAA enforcement is a
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The FCPA Paparazzi has been at it again – it is fascinating to watch the reaction of practitioners and commentators in the FCPA arena. You can usually find someone who will agree with any position you want to take. Paparazzi members are usually all over the map, trying to differentiate their
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Hopefully, you and your company will never have to prove to a court or argue to the Justice Department that your anti-corruption compliance program is “effective.” Even if you never face that audience, a Chief Compliance Officer (CCO) needs to measure the effectiveness of the compliance program. It is
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People love to give advice – they love to tell people what to do (and hear themselves talk). In order to be effective, compliance professionals have to be able to “listen.” That means more than just being polite and paying attention when people speak. The ability to “listen” means a willingness
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The Consumer Finance Protection Bureau continues to spread its wings in the enforcement arena. It is an agency born and confined in political controversy. The Director of the CFPB’s recess appointment and legal status is up in the air and on appeal before the courts. Republicans on Capitol Hill