Uncategorized
It is difficult to build a culture of compliance. One of the biggest challenges facing a company is to transform the relationship between employees and the legal/compliance staff. Employees avoid in-house counsel and compliance officials because they are viewed as “deal killers,” or people who “Just Say No.
Uncategorized
Technology has been a boon for productivity. Social media has replaced many traditional advertising and information sources. Some enjoy all the new gadgets, technologies and instant communications. Others do not. Whatever your view is, it is clear that social media has increased risks of litigation and enforcement. Sometimes the risks
Uncategorized
You can always count on Howard Sklar to make things interesting. His latest article, Who is It Okay to Bribe? (Here), is another in the line of provocative posts. Howard always gets people to think. But without taking Howard on too strongly (let’s face it, I am no FCPA
Uncategorized
In Part II of Best Practices for Internal Investigations, I examine how to design an appropriate investigative plan. While it is hard to predict at the outset the course that an internal investigation will take, a preliminary investigation plan is an important management tool. There are several helpful steps to
Uncategorized
I thought I would take two posts to examine best practices for initial stages of internal investigations: Part I examines the launch of an internal investigation. Part II examines initial internal investigation plans. The initial steps in handling an internal investigation are critical to the ultimate success of the inquiry.
Uncategorized
Have the latest posts on Corruption Crime & Compliance delivered to your mailbox. No need to travel on the Internet. It will be delivered to you immediately when posted. The email sign up is on the lower right hand side of the blog. Just enter your email address and you
Uncategorized
Government prosecutors have launched a new initiative aimed at protecting intellectual property. The Economic Espionage Act criminalizes the theft of trade secrets. Congress passed the Act in 1996 to protect United States corporate trade secrets. Since it as enacted in 1996 and continuing until 2011, the government only prosecuted eight
Uncategorized
The Justice Department’s recent enforcement action against Smith & Nephew underscored an important point – companies can be responsible for FCPA violations committed by distributors of the company’s products. FCPA compliance professionals already knew that the FCPA can apply to distributors. Reams of paper have been used to explain
Uncategorized
Health care fraud enforcement continues to rack up successes. Prosecutors are employing aggressive investigative techniques and using non-health care fraud related statutes to prosecute individuals. At the core of the government’s enforcement strategy is effective interagency collaboration through the Medicare Strike Force and Health Care Fraud Prevention Enforcement
Uncategorized
Everyone in the compliance community likes to cite the required elements of an anti-corruption compliance program. The Justice Department and the SEC have described the required elements over and over again in Schedule C of their settlement papers. Forgive me for deviating a little bit from their script but
Uncategorized
The term “due diligence” is bandied about among compliance professionals. Let’s stop a moment and consider the different contexts. Anti-money laundering “due diligence” is a lot different than FCPA “due diligence.” FCPA due diligence relates to review of third-party agents for corruption risks or potential acquisitions or
Uncategorized
Everyone in the compliance industry acts like they understand the concept of “transaction testing.” Next time you are in a meeting and the term comes up; ask one of the nodding heads to explain what it means. I bet they start to choke up, or you might hear an explanation