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Sometimes the legal profession reminds me of the medieval guild system – a profession which is motivated more by self-preservation than change. You can always count on lawyers who cling to an outmoded perspective to try to stall inevitable change. Make no mistake about the current trend in compliance – companies
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Compliance professionals have a lot of demands on their time. By definition, they are spread thin across a number of competing demands. As a result, companies do not spend much time on “tone-at-the-top.” In reality, compliance officers are relieved when they get the support of the CEO,
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Try to imagine what DaVinci said to himself when he painted his last brush stroke on the Mona Lisa. Or consider what Tolstoy muttered to himself when he put down his pen after writing the last word of War and Peace. Consider the same scenario when a Chief Compliance Officer
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Hospitals are under intense scrutiny. The federal government knows that one sure way to reduce healthcare costs is to get hospitals to lower their costs. Hospitals feel the pinch given the need to generate revenue but know that the federal government is looking over their shoulders to make sure everything
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Contrary to former candidate Romney’s view of the world (“Corporations are people”), you cannot put a company in jail. Try as you might, it just can’t be done. How to treat corporations in our criminal justice system is an interesting issue. Some have even taken the position that
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It is time for everyone to take a deep breath. The DOJ/SEC Guidance could not have been clearer. The message to companies – stop devoting so much time to building, tinkering with, and monitoring their policies governing gifts, meals and entertainment. The Guidance reminded everyone that the government has never
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When you catch someone (e.g. a child, friend or business associate) in the wrong, it is interesting to watch their reactions. (Notice I left out spouse or relationship partner – we all know our spouse or relationship partner is never in the wrong – just ask them). I always look at
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You remember the corny song – “People who need people are the luckiest people in the world.” For a Chief Compliance Officer that saying is particularly important when it comes to third party risks. CCOs need their internal auditors. This relationship is even more important when it comes to third party
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It sounds easy on paper. A company announces that it has banned all facilitation payments. It is a worthy goal. It sounds admirable. The FCPA permits facilitation payments. The UK Bribery Act prohibits facilitation payments. International anti-corruption treaties also ban facilitation payments. The enforcement of the UK Bribery Act
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FCPA enforcement in 2013 will result in some significant enforcement actions. Trust me. You can take this prediction to the bank. Chuck Duross, head of the FCPA Unit in the Justice Department, confirmed this position. In his recent statement, Chuck indicated that 2013 will include some big settlements which are
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Here is a profound grasp of the obvious – compliance officers exist in a corporate organization. A CCO's success depends on others in the corporation. What is the lifeblood of a compliance program? The answer – “vertical” information. You can build as many compliance policies, procedures, and programs as you
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Happily married couples like to renew their wedding vows. It is a great celebration of love. When you meet the spouse of your dreams, it is a wonderful ceremony. I look forward to such an event with my wonderful wife, Rosetta. Things may not be so smooth when it comes