On October 8, 2019, Assistant Attorney General Brian A. Benczkowski issued a memorandum to the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) that established a framework for assessing...more
Corporate Compliance Programs: DOJ Issues Updated Guidance: Ten Takeaways for In-House Legal and Compliance Leaders -
On April 30, 2019, Assistant Attorney General Brian Benczkowski unveiled an update to the Department of...more
On April 30, 2019, Assistant Attorney General Brian Benczkowski unveiled an update to the Department of Justice’s Evaluation of Corporate Compliance Programs during a speech in Dallas, Texas. In issuing the new document (the...more
6/14/2019
/ Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
Corporate Culture ,
Corporate Governance ,
Corporate Management ,
Department of Justice (DOJ) ,
Due Diligence ,
Employee Training ,
Ethics ,
Guidance Update ,
Internal Controls ,
Multinationals ,
Policies and Procedures ,
Risk Assessment ,
Risk Management ,
Target Company ,
Third-Party Risk ,
Training ,
Whistleblower Hotlines ,
Whistleblowers
On April 30, 2019, Assistant Attorney General Brian Benczkowski unveiled an update to the Department of Justice’s Evaluation of Corporate Compliance Programs during a speech in Dallas, Texas.[i] In issuing the new document...more
5/6/2019
/ Chief Compliance Officers ,
Compliance ,
Corporate Culture ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Employee Training ,
Ethics ,
Foreign Corrupt Practices Act (FCPA) ,
Guidance Update ,
Multinationals ,
Risk Assessment ,
Risk Management ,
Training ,
Whistleblower Hotlines ,
Whistleblowers
Just three months into the job, Brian Benczkowski, the head of the U.S. Department of Justice’s criminal division, has issued a memorandum entitled “Selection of Monitors in Criminal Division Matters,” providing new guidance...more
A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more
As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing...more
Recently, and without the fanfare that often accompanies new policy guidance regarding corporate fraud, the Fraud Section of the Department of Justice posted a document on its website entitled “Evaluation of Corporate...more
Major FCPA Enforcement Action -
Including charges against the CEO and CFO for failing to prevent misconduct -
In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC...more
12/23/2016
/ CEOs ,
Democratic Republic of Congo ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Hedge Funds ,
Japan ,
Libya ,
Och-Ziff ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Settlement
In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC (“Och-Ziff”) recently resolved a long-running government inquiry by agreeing to $413 million in financial penalties and a...more
10/10/2016
/ Africa ,
Bribery ,
Deferred Prosecution Agreements ,
Democratic Republic of Congo ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Hedge Funds ,
Internal Controls ,
Investment ,
Libya ,
Och-Ziff ,
Popular ,
Private Equity Funds ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Sovereign Wealth Funds
For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution.
On September 20, 2016, the SEC announced a settled FCPA...more
10/4/2016
/ Bribery ,
Charitable Donations ,
Charitable Organizations ,
China ,
Corruption ,
Due Diligence ,
Enforcement Actions ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Investigations ,
Nu Skin ,
Personal Care Products ,
Popular ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Subsidiaries ,
White Collar Crimes