Although often discussed in Deferred Prosecution
Agreements (DPAs) or Non-Prosecution Agreements (NPAs), most compliance
practitioners are not familiar with one of the most important sources of
Department of Justice (DOJ) policy regarding the charging...
Anti-corruption, anti-bribery, anti-money laundering
programs policies and procedures and even export control systems are seemingly
in a constant state of evolution. Many companies are struggling with the
challenge of implementing effective controls...
As of today, the Houston Astros (at 2-1) are above .500
in wins and losses for the first time since July 2009. So we celebrate that
most important of baseball metrics, the wins and losses.
One of the joys of baseball is the almost innumerable
It is finally here, Opening Day for the Houston Astros.
Although Major League Baseball (MLB) opened its 2012 season last week in Japan,
I will have to go with my hometown team's home opener as my official day for
the new season. So will the Astros...
My grandfather was a comic book collector. He collected
all kinds and types of comics, from super-heroes to the Archie series. One of
the series that he collected that I still think about from time-to-time was
Classics Illustrated. Classics Illustrated...
Today we channel Sergio Leone and Clint Eastwood in the
context of the compliance assessment, which has been something that has evolved
into a key component of a minimum best practices Foreign Corrupt
Practices Act (FCPA) compliance program over the...
Tom and I, both in Washington DC for the Dow Jones Global
Compliance Symposium, decided to do a live show, so to speak. We recorded
on YouTube (the video quality isn't great because I was using my laptop camera.
Also, you might find the sound to...
At the recent Dow Jones Global Compliance Symposium,
there was a debate royal between Mark Mendelsohn and the FCPA Professor, Mike
Koehler, regarding enforcement of the Foreign Corrupt Practices Act (FCPA). One
of the points the Professor raised was...
Last Thursday, Earl
Scruggs died. He was one of the musician's most responsible for my
development in learning about, and appreciating, different styles of music. For
musicians, he basically invented and then popularized the 3 finger picking
"What did the President know and when did he know it?"
That is the iconic question from the Watergate Hearings asked by Senator Howard
Baker of various witnesses. In the case of the Canadian engineering company
SNC-Lavalin Group Inc. (SNC...
The OECD Working Group On Bribery highlighted the efforts
the UK in the anti-corruption area in a most recent report (here). That Report
also contains a number of recommendations for future improvements.
The Working Group concluded that the SFO and...
To give or not to give? That is certainly a question but
it may also include the question of the value of the gift. Under the Foreign
Corrupt Practices Act (FCPA) and UK Bribery Act gifts and entertainment
continue to bedevil compliance practitioners...
I recently explored the issue of 'extraordinary
cooperation' in the context of a Foreign Corrupt Practices Act (FCPA)
enforcement proceeding and some of the concrete steps that a company could take
to reduce its overall penalty assessed by...
On March 26, 2012, both the Securities
and Exchange Commission (SEC) and the Department of
Justice (DOJ) announced the resolution of enforcement actions against
Biomet Inc. a US entity, which manufactures and sells global medical devices
In the recent BizJet Deferred Prosecution Agreement
(DPA), which detailed a litany of corrupt payments made and approved at the
highest level of the company to obtain and retain business in Mexico and
Panama, the company received a monetary fine of...
One of the hallmarks of the New Era of FCPA enforcement
is the increasing use of industry wide sweeps and investigations. The DOJ and
the SEC have been conducting such an inquiry into the medical device industry.
The actions against Johnson & Johnson...
Belatedly, we boldly go where no Canadian actor has ever
gone before, to celebrate yesterday's birthday of William Shatner, Captain Kirk
of the original Starship Enterprise. I thought about Captain Kirk and his
leadership of the Enterprise in the...
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There is an ongoing debate in the compliance world about
whether a company can or should combine or separate the role of the Chief
Compliance Officer (CCO) from that of the General Counsel (GC). However, before
a company can answer this question, it...
How do you move off dead center? That was a question
posed by my colleague Mary Jones in a recent guest blog post. She gave several
concrete steps in answer to her own question. This question was further
explored in the January issue of the Compliance...
Last week I attended the 2012 Global Ethics Summit hosted
by Ethisphere. The first event was a conversation between Mark Mendelsohn and
Brackett Denniston, Senior Vice President and General Counsel of General
Electric (GE). They both had some interesting...
Last week, the Department of Justice (DOJ) announced the
resolution of an enforcement action under the Foreign Corrupt Practices Act
(FCPA) involving the Tulsa based company, BizJet. The company is in the
business of providing aircraft maintenance...
As a compliance officer, how far do you need to go in
dealing with a problem employee? The Urban case was trying to address
this question, but got twisted up in procedural machinations. In dropping the
case, the two SEC commissioners didn't explain...
The word 'ethics' is in the title of this blog. While I
rarely write solely on the subject of ethics two recent events caused me to do
so today. The first was an article last week by Matt Ellis, writing in his
FCPAméricas Blog, who posted...
How does your company deal with the question of fairness
in its compliance program? I thought about that question while reading an
article in the New York
Times (NYT), entitled " That
Eternal Question of Fairness ", by Nancy Koehn. In her...