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Corporate Board members face even more risks in today’s aggressive FCPA enforcement environment. They have adjusted to the new post-Sarbanes-Oxley environment. Today, they face the perils of FCPA enforcement. As the Justice Department and the SEC bear down on more and more companies, Board members have to
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One area where compliance officers and practitioners need to focus is on the requisite intent for a criminal violation. For compliance officers facing difficult policy choices on FCPA compliance policies, the touchstone of such policies should be the employee's intent -- was it criminal, negligent or benign? It is
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The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal fines were collected for FCPA violations. They are entitled to claim success. It is hard
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As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture. Simply put, you don't want to acquire an FCPA violation. Companies will sometimes rush to close a deal without conducting
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"People are doing the best that they can from their own level of consciousness." — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial "rubber chicken" circuit), you will hear from some of the most accomplished compliance
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In the last few years, lawyers, accountants and other professionals have been beating the drum of aggressive enforcement of the FCPA (and the UK Bribery Act). There is no question that enforcement of anti-corruption laws around the globe has increased. The risk to companies and individuals has increased. But
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Tom Fox, a leader in the FCPA compliance world, has released his first book, Lessons Learned on Compliance and Ethics." I have ordered mine and you should order yours. Tom's insight is practical, positive and invaluable. Every compliance professional, attorney and consultant needs to read Tom'
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Nowhere am I so desperately needed as among a shipload of illogical humans. --Spock in 'I, Mudd' If we look into the compliance program crystal ball, what will the future show? A "shipload of illogical [compliance] humans" or something completely different? If we take a step
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It is troubling to see how many lawyers are unable to question a witness. It is an acquired skill which reflects a lawyer's experience and interpersonal skills. Lawyers are not sensitive souls. They have a hard time reading people because they are not so comfortable with themselves (some
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“Quite as important as lawmaking is vigilant oversight of administration.” Woodrow Wilson, Congressional Government (1885) The scene on television is all too familiar. Corporate executives from a company in the headlines are dragged before a Congressional committee, they are placed under oath, and they are asked a series of questions
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Mark Twain observed correctly about lawyers: “Lawyers are like other people–fools on the average; but it is easier for an ass to succeed in that trade than any other.” When it comes to advising clients in the area of the FCPA and Bribery Act, counseling attorneys are critical players.
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Corruption, Crime & Compliance!! My mentor and friend, Judge Stanley Sporkin, the 'father of the FCPA,' wrote the foreword. "Michael Volkov’s book is a compilation of articles on a number of subjects important to advising clients how to stay out of trouble. He is a prolific