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Companies like to tout their “culture of compliance.” Sometimes companies have it and sometimes they do not. As a Chief Compliance Officer, make sure you check under the hood when you join a company which hires you promising a commitment to a “culture of compliance.” These words are critical but
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As a compliance advisor, we often use the word “essential” when describing elements of a compliance program. One of those “essential” elements is fostering internal reporting and communication. The lifeblood for a Chief Compliance Officer is internal information and reports. The sources of such information can be whistleblowers, employees who
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Let’s add a new industry to the list of FCPA industry sweeps. Is anyone surprised? If I worked at DOJ or the SEC, I would simply take a look at those significant industries entering China and launch an industry-wide inquiry by issuing letters to major companies in that
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The Justice Department’s criminal enforcement of antitrust laws is a model of success. DOJ’s criminal program took off in the 1990s with two major developments: (1) adoption of a corporate leniency program which increased self-reporting by cartel members; (2) enforcement against international cartels which had an impact
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The headlines are dominated by FCPA, Roger Clemens and John Edwards. AML enforcement has come back to business attention. There has been a lot of news around the subject of Anti-Money Laundering (AML) laws and the Bank Secrecy Act (BSA) recently. The Office of the Comptroller of the Currency
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It is amusing to listen to companies complain about the burdens of anti-corruption compliance. It is hard to sympathize when you consider the burdens on other industries, particularly the health care industry. If the Chamber of Commerce only knew how burdensome and difficult health care regulations can be, they
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Companies complain about the burdens of anti-corruption compliance. They need to put things in perspective. The “greatest” risk of them all may be the False Claims Act (FCA). FCA violations can lead to severe consequences, especially for government contractors. Since the FCA was amended in 1986, more than $30
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In the end, what was more pathetic – the government’s prosecution of John Edwards or John Edwards himself? I hate to say it but both sides came out the losers. John Edwards needs to crawl back under the rock from where he came. The sooner the better. His post-trial
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Chief compliance officers have enough on their plate without having to worry about another risk. The Obama Administration came into power promising to increase enforcement of environmental laws and regulations. On the civil and regulatory side, they have done that and more. The EPA has been aggressive and increased civil
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Can you imagine the discussions inside Target, The Gap, Levi’s and other global retailers the day after the New York Times story broke? I would love to have been an observer of meetings and conversations among top brass at these companies. Global retailers must be suffering from sleepless nights.
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Patrick Kellermann (a regular contributor) and Tom Cohn, both from LeClair Ryan, are guest contributors today and provide an important posting on data privacy, a fast growing and important issue which creates significant risks for all businesses. Patrick and Tom can be reached here and here, respectively. This post, the
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FCPA bloggers can be repetitive. We like to repeat important points. How many more times do we have to remind everyone on the importance of documentation?In the interest of originality, I wanted to address documentation for a due diligence package of third-party agents. Every FCPA enforcement case involves