Michael Volkov – The Volkov Law Group

SciClone Pharmaceuticals: A Textbook Case of FCPA Violations for Gifts, Meals, Entertainment and Travel

The Securities and Exchange Commission continues its steady march as the prominent FCPA enforcement agency against corporations.  The Justice Department has not brought any enforcement actions this year and continues to…more
| Commercial Law & Contracts, International Law & Trade

Digging Into Your Internal Controls

Corruption risks follow the money. If a company has effective controls over money, then the company has a good chance of mitigating corruption risks. A key indicator of a company’s internal controls is to ask if the…more
| Commercial Law & Contracts

The Modern UK Slavery Act: Supply Chain Risk Management

The United Kingdom has a number of interesting ideas and policy initiatives. The UK Bribery Act was a strong statement against corruption, but remains unenforced. The United Kingdom has enacted the Modern Slavery Act, which…more
| Commercial Law & Contracts, International Law & Trade

Corruption and Foreign Government Institutions

The FCPA can create a very one-sided view of corruption. The bribe payer is punished and most times the recipient is not. The Justice Department has used creative approaches to ensnare recipients as in the Direct Partners…more
| Commercial Law & Contracts, International Law & Trade

Focusing on Internal Investigations

A speak up culture is an important component of a company’s commitment to organizational justice. All of the pieces of an internal justice system have to fit together and are interdependent. When one part does not work, the…more
| Commercial Law & Contracts, International Law & Trade

Learning from Schlumberger’s Mistakes: Doing Business Under Iran General License H

Lauren Connell, Managing Associate at The Volkov Law Group, rejoins us for a posting on sanctions compliance. Implementation Day has been hailed as a new stage in Iran-US relations. There has been significant media…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

Beneficial Ownership: Sanctions and FCPA Compliance

Financial institutions have been pushing back hard on FinCEN’s proposal to require banks, investment banks and other financial institutions to identify beneficial owners of account holders. As time goes on the impact of FinCEN’s…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Prosecuting Individuals – The Coming Wave

When the Justice Department adopts new strategies and policies, it takes time for results. Rest assured, however, that the Justice Department’s focus on individual accountability is going to have real and significant…more
| Commercial Law & Contracts, International Law & Trade

Fraud and Bribery: Segregation of Duties

Some things go together. Chocolate chip cookies and milk, Hepburn and Tracy, Lewis and Martin (I know, I am showing my age, but you get the point), and many other favorite combinations. So, you get the point – in the world of…more
| Commercial Law & Contracts, International Law & Trade

How to Keep Your Whistleblower(s) “Happy” (or Satisfied)

Happiness is when what you think, what you say, and what you do are in harmony – Mahatma Gandhi Happiness is an elusive concept – for some. For others who may be more enlightened or lived for years, happiness is a feeling…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Bribery Requires – Money

I have to confess – I love the show Shark Tank. Mr. Wonderful, Kevin O’Leary, is my favorite Shark. Mr. Wonderful often reminds the contestants and other Sharks that the central issue in considering business proposals is – How…more
| Commercial Law & Contracts, International Law & Trade

The Changes to Iran Sanctions and Compliance Challenges

Putting aside the politics surrounding the Iran Nuclear Deal, the exchange of prisoners and other hot button political issues surrounding Implementation Day and the change in US-Iran relations, the new Iran sanctions create a…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

Prosecuting CCOs v. Holding CCOs Accountable

There has been a lot written about CCOs fearing prosecution for compliance failures. Not to say there is no risk, but the truth lies really in the middle.  From my perspective, there is too much fear-mongering around this issue…more
| Commercial Law & Contracts, Finance & Banking

The Antitrust Leniency Model and FCPA Enforcement

I am always wary of simplistic policy proposals – often the simple idea to apply one policy to another subject matter, just does not work. Instead, policy debate will turn to the simple idea and how it can easily be applied in…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, International Law & Trade

Is Your Anti-Corruption Compliance Program “Operational”?

The Justice Department and the SEC are tired of investigating companies with “paper” compliance programs. It is easy to spot a “paper” compliance program – as the saying goes, you can smell it a mile away…more
| Commercial Law & Contracts
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Areas of Practice
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