Anti-corruption compliance is not as hard as it looks. In fact, by taking a step back, compliance professionals can gain insights.
At the direction of compliance professionals, companies like to develop and adopt…more
AML enforcement often includes sanctions violations. The Office of Foreign Asset Control (OFAC) is responsible for regulating and enforcing the sanctions regime…more
Companies with ineffective internal controls face risks of embezzlement and self-dealing by employees, bribery, export control violations and other possible legal violations. The payment of foreign bribes often occurs in…more
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…more
The FCPA Guidance is an extraordinary document filled with excellent ideas, defined safe harbors and important enforcement and compliance principles. It is a lesson in good government, and a testament to an instructive process…more
The Justice Department and the financial regulatory agencies have sent a strong message of enforcement, suggesting that financial institutions are not adequately implementing AML compliance controls…more
At first glance, India is a country of incredible economic opportunity. India’s GDP is slated to continue to grow five (5) percent each year. It has the third biggest economy in the world, below the US and China…more
As compliance professionals enjoy the rise of their profession, lawyers are sensing a decline in importance. I am hearing from compliance professionals a new and disturbing trend – companies are requiring compliance…more
The FCPA is a broad statute. As written, it covers a number of situations, and creates twists and turns in analysis.
One of the more challenging areas to navigate is the issue of joint ventures.
When you bring two…more
FCPA practitioners can suffer from myopia – a narrow focus on FCPA risks. The FCPA does not apply to company actors who take bribes in exchange for awarding contracts to companies. That situation is commonly referred to as…more
The old adage has taken hold in the compliance field – “Be careful what you ask for, you just may get it.”
Compliance professionals are finally getting the respect they deserve. They still have a long way to go. General…more
You can learn a lot from other people’s mistakes. We all know that.
In our FCPA world, we have a new poster child for blundering – Alstom. The handwriting is on the wall – as time goes on, the Justice Department is…more
One of the hardest issues for compliance professionals is encouraging employees to raise concerns about ethics and compliance issues. It has become even more difficult when the government establishes whistleblower programs…more
People who consistently miss the point are frustrating. Focus is an important discipline. Whatever you do in life, the ability to focus is critical…more
The Justice Department and the SEC have pushed extraordinary changes in the field of anti-corruption compliance. If one looks back five years ago and compares the so-called best-practices from 2008 and compares them to recent…more
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