No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
No Result
View All Result
Corporate Compliance Insights

To Be a Criminal, You Have to Act Like a Criminal

by Michael Volkov
April 18, 2014
in Uncategorized
To Be a Criminal, You Have to Act Like a Criminal

Lawyers, compliance professionals and senior management at companies can be obsessive when it comes to the threat of criminal liability.  Please do not get me wrong, I am not minimizing the risk of criminal prosecution, nor I am suggesting that everyone go out and start paying bribes overseas.

That being said, it is important to keep things in perspective.  The most significant FCPA prosecutions – Siemens, Daimler, KBR, Weatherford and others – were the result of “systemic” breakdowns in compliance, meaning that there was little to no ethical culture or any attempt to control the behavior of managers and employees so long as they were producing, making money for the company.

A culture of lawlessness does not just spring up one day in response to the behavior of a few individuals.  Rather, like a cancer, it grows and spreads, eventually taking over the organization.  Such a disease can only spread in the right environment.  That is, when it comes down to culture; if there is no commitment to ethics, it does not matter how many policies you have or the controls that are developed, the company will inevitably choose the wrong road.

What I have described is one extreme.  If your company makes good faith attempts to design and implement an ethics and compliance program, with a commitment from leadership and the Board, chances are that the worst result you could ever face would be a problem in a country or region, especially if the country or region was acquired but never fully integrated into the home company.

For a company to be considered a “criminal,” it has to act like a criminal – meaning secrecy, evil intent and all the surrounding attributes of a criminal.

That is why I stress two important values for a company – act in good faith by documenting everything you do and the rationale behind any action, and act transparently.  Companies that adhere to good faith and transparency are not acting with the requisite criminal intent.

This is a point that is worth stressing – even in the face of significant risks, if a company acts in good faith and transparently, there is little likelihood that it can ever be prosecuted criminally.

So what about the rogue employee who does act with criminal intent, hiding his behavior and seeking to line his pockets with the benefits of bribes?

While a theoretical claim of a “rogue” employee seems appealing, the truth is there is no such thing as a rogue employee.  Everyone in the business points to Morgan Stanley as the perfect example of a rogue employee, but that is plain wrong.

In the Morgan Stanley case, the Justice Department shoehorned the facts (and ignored others) to make an important point – if you build a great compliance program and you suffer an isolated set of violations (not just one person but an office, division or region), we may decline to prosecute the entire matter.

The powerful message sent by the Justice Department was successful in energizing companies to improve their compliance programs.  It was a shrewd and very effective move by the Justice Department, in a very politically risky time.

Even with transparency and good faith, companies still face risks of country-specific or regional operations that may veer off for a little while.  No company will ever face a systemic breakdown so long as they have the essential two values needed to avoid a major catastrophe.

The worst-case scenario can still occur – a region or a country may have a breakdown, but those are usually detected, cleaned up and problems fixed.  Companies still need to be vigilant in auditing, monitoring and conducting frequent assessments.  With that recipe, companies can safely avoid any serious systemic violations.

This article was republished with permission from Michael Volkov’s Corruption, Crime & Compliance.


Tags: Anti-CorruptionTone at the Top
Previous Post

Growing Use of Vendors Intensifies Risk of Business Interruption, According to PwC US

Next Post

Five Things Employers Should Know about Background Screening in the Asia-Pac Region

Michael Volkov

Michael Volkov

Michael-Volkov-leclairryan Michael Volkov is the CEO of The Volkov Law Group LLC, where he provides compliance, internal investigation and white collar defense services.  He can be reached at mvolkov@volkovlaw.com. Michael has extensive experience representing clients on matters involving the Foreign Corrupt Practices Act, the UK Bribery Act, money laundering, Office of Foreign Asset Control (OFAC), export controls, sanctions and International Traffic in Arms, False Claims Act, Congressional investigations, online gambling and regulatory enforcement issues. Michael served for more than 17 years as a federal prosecutor in the U.S. Attorney’s Office in the District of Columbia; for five years as the Chief Crime and Terrorism Counsel for the Senate Judiciary Committee, and Chief Crime, Terrorism and Homeland Security Counsel for the Senate and House Judiciary Committees; and as a Trial Attorney in the Antitrust Division of the U.S. Department of Justice. Michael also maintains a well-known blog: Corruption Crime & Compliance, which is frequently cited by anti-corruption professionals and professionals in the compliance industry.

Related Posts

personnel management

Preparing for Budget Cuts in 2023? Be Sure Personnel Management Isn’t on the Chopping Block

by Vera Cherepanova
March 1, 2023

For compliance departments that need to do more with less, it’s tempting to lean into automated systems. Compliance and ethics...

abac

1-2-3s of ABAC Compliance Programs

by Jag Lamba
March 1, 2023

Despite the proliferation of laws aimed at fighting bribery and corruption, a recent international report found that most countries are...

Hogan Lovells Global Corruption Outlook 2023_f

Global Bribery and Corruption Outlook 2023

by Corporate Compliance Insights
February 16, 2023

What's to come this year? Demands for heightened oversight of employees, subsidiaries and third parties 2023 Update Global Bribery and...

hottest takes

The Hottest Compliance Takes of 2022

by Staff and Wire Reports
December 14, 2022

Nobody was canceled for anything they wrote for our pages in 2022 — at least that we know of. But...

Next Post
Five Things Employers Should Know about Background Screening in the Asia-Pac Region

Five Things Employers Should Know about Background Screening in the Asia-Pac Region

Compliance Job Interview Q&A

Jump to a Topic

AML Anti-Bribery Anti-Corruption Artificial Intelligence (AI) Automation Banking Board of Directors Board Risk Oversight Business Continuity Planning California Consumer Privacy Act (CCPA) Code of Conduct Communications Management Corporate Culture COVID-19 Cryptocurrency Culture of Ethics Cybercrime Cyber Risk Data Analytics Data Breach Data Governance DOJ Download Due Diligence Enterprise Risk Management (ERM) ESG FCPA Enforcement Actions Financial Crime Financial Crimes Enforcement Network (FinCEN) GDPR HIPAA Know Your Customer (KYC) Machine Learning Monitoring RegTech Reputation Risk Risk Assessment SEC Social Media Risk Supply Chain Technology Third Party Risk Management Tone at the Top Training Whistleblowing
No Result
View All Result

Privacy Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2022 Corporate Compliance Insights

No Result
View All Result
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe

© 2022 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT