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The recent Raj Rajartnam verdict demonstrated that wiretap evidence is compelling evidence against defendants. No wonder prosecutors will use more and more wiretaps to build white collar cases. Let's brush aside one issue -- wiretaps to investigated white collar crimes will rarely, if ever, be prohibited as a matter
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It is hard to move businesses in different directions. I like to use the analogy of turning a ship around -- it takes time, dedication and a steady hand. Corporate governance is shifting again. We had the revolution of Sarbanes-Oxley in the early 2000s and now we have a new
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With the UK Bribery Act becoming effective in less than 24 hours, companies are holding their breath. Will the SFO seek to make a splash by arresting individuals with perp walks on camera? Or will the SFO quietly but methodically build its caseload, and assert is enforcement position as a
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The longest pre-game show in history is drawing to a close. The new world will shortly be upon us. Will the UK Bribery Act be a game-changer or will it fizzle out like Y2K? Everyone has their predictions; everyone has their focus and emphasis. The critical issue in
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As companies prepare for the upcoming effective date of the UK Bribery Act, a new shot was heard around the world -- Canada has now entered into the global anti-corruption world with an enforcement action of its own. Canada has been the subject of international criticism for failing to enforce
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We all tend to become focused on the details of anti-corruption enforcement and compliance. But for Board members and senior management, the focus has to be more holistic – some people like fancy terms such as “risk governance,” but common sense defines it as a “holistic” approach to compliance. We
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Even bloggers need a break once in a while. My wife and I are in Sicily in her native city of Marsala. Turquoise waters, delicious cuisines and magnificent sites. Of course, we have visited her 100+ relatives and are attending a beautiful wedding tomorrow. The Italian economy has been hit
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One of the most popular blog entries I have written in my young blogging career was about the future of Chief Compliance Officers which was entitled "Chief Compliance Officers: The Evolving Picture." (A link is HERE.) I received a number of comments about the entry and I wanted
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Tony Alexis and I conducted a webcast for the Washington Legal Foundation concerning FCPA settlements and compliance. A link to the webcast is HERE. You will need to use an Internet Explorer web browser. I hope you have a chance to watch it. Thanks
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DOJ's Voluntary Disclosure Process For those who are tired of hearing me complain about the Justice Department's voluntary disclosure process and the FCPA, I can understand if you want to change the TV channel and watch Tom Fox or Dick Cassin or Professor Koehler. With all
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I wanted to return to the FCPA criminal trial and address more trial tactics. Let's start with jury selection. There is no doubt that the government has been successful in FCPA criminal trials, although frequently the charges are brought with other criminal charges, thereby increasing the chance for
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The recent House Judiciary hearing on FCPA oversight focused on a proposal to enact an “adequate procedures” defense for corporate liability under the FCPA. How such a defense would work reminds me of the old adage – “the devil is in the details.” Many commentators have pointed to the UK Bribery