beach changing tides

The Tides Are Turning For SEC Enforcement Policies

Posted by - January 12, 2018
At stake in the prolonged debate over a “best-interest” standard of care for retirement advice are $7.5 trillion in 401(k)-type assets and $8.4 trillion in IRA assets. Whether or not the Department of Labor (DOL) and the Securities and Exchange Commission (SEC) will eventually come to agreement on a uniform…
building ceiling

The Economic Costs of Corruption

Posted by - November 30, 2017
In a truly extraordinary article in the New York Times (NYT), columnist Thomas L. Freidman opened the article on his interview with Crown Prince Mohammed bin Salman (MBS) with the following, “I never thought I’d live long enough to write this sentence: The most significant reform process underway anywhere in the…
businessman in handcuffs

The FCPA Week That Was — Seven Individuals Charged for FCPA Violations

Posted by - November 29, 2017
To all the “nattering nabobs of negativity” concerning FCPA enforcement, the US Justice Department responded with a resounding message – not only is FCPA enforcement here to stay, but individual violators are on DOJ’s radar screen. In an FCPA enforcement week like no other, the Justice Department unveiled a total…
illustration of Donald Trump gesturing in front of American flag

The Trump Effect on FCPA Enforcement

Posted by - October 24, 2017
As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four…
red coffee cup next to napkin reading “your culture is your brand”

Protecting Your Corporate Culture

Posted by - September 8, 2017
The Objective of Due Diligence There is immense benefit to thoroughly vetting third parties, and it goes far beyond avoiding enforcement actions from the likes of the SEC, DOJ and other regulatory agencies. When you do business with risky suppliers and vendors domestically or abroad, you put your organization’s reputation…
man sneaking money into his jacket pocket

DOJ and SEC Make 2016 a Record Year for FCPA Enforcement

Posted by - February 24, 2017
The Department of Justice and Securities and Exchange Commission were especially aggressive this year in bringing FCPA enforcement actions. There were several major enforcement actions brought last year, and each pointed to systemic corruption and ineffective leadership.
marquee outside office of the attorney general

Compliance in Trump Era: More Markers Placed

Posted by - February 14, 2017
Predictions on the FCPA Front The U.S. government is in a state of flux; with a new President comes a barrage of new appointments. Some systems are being dismantled and the Trump administration has put some key legislation in its sights. Much is changing, but at least one thing remains…
compliance as a business advantage

The Win-Win Argument

Posted by - February 13, 2017
What’s the value of a robust ethics and compliance program? Michael Volkov suggests looking at compliance from a different perspective. An organization committed to integrity in all of its operations is trustworthy – both to its partners and to its clients or consumers. Therefore, a strong E&C program is a…
roll of bills beside handcuffs

The Asia-Pacific Top 10 FCPA Enforcement Actions of 2016

Posted by - January 20, 2017
An FCPA Year in Review The DOJ and SEC brought a record number of FCPA enforcement actions in 2016, and the Asia-Pacific region played a significant role in that milestone.  Companies doing business in this region amassed nearly one-third of all FCPA enforcement actions. Wendy Wysong details 10 of the…
man guiding arrow to the stars

The Real Explanation for the Record Year for FCPA Enforcement

Posted by - January 18, 2017
What the New Era Means for Compliance Want to know what the government’s priorities are? One telltale sign is resource allocation. In 2016, the DOJ allocated more resources to the FCPA Unit, and – no surprise here – the expectation was improved performance. As a result, 2016 was a banner…
Talent shortage a real risk to internal audit

How to Fix the Internal Audit Talent Gap

Posted by - January 17, 2017
Only 13 percent of Chief Audit Executives (CAEs) believe their firm performs “very well” when sourcing and managing internal audit talent, according to a recent survey by PwC. Using data collected from 1,600+ CAEs, PwC Partner Jason Pett recommends four strategies to help bridge the internal audit talent gap.

The Embraer FCPA Enforcement Action

Posted by - November 8, 2016
This paper is the first in a multi-part series exploring the Embraer FCPA enforcement action, considering the government’s case and the company’s response and, finally, the lessons to be learned by the compliance practitioner.