Compliance Anti-Corruption

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
News & Analysis as of

2015 Corruption Perceptions Index, a Vital Anti-Bribery Compliance Tool, Highlights Global Corruption Risks for Corporations

On January 27, 2016, Transparency International released its 2015 update to its annual “Corruption Perceptions Index” (“CPI”), a vital resource for corporate anti-corruption compliance efforts. The 2015 CPI rates 168...more

2016 Trends #5: The Wide World of Sports

If 2016 is anything like last year, we can count on the world of sports to provide a variety of fodder for ethics and compliance discussions. Sports scandals now rival political and business ethics scandals as the...more

The FCPA Risks of Teaming in the Defense Industry

As reported in the December 25, 2015 New York Times (NYT) article, “U.S. Foreign Arms Deals Increased Nearly $10 Billion in 2014,” “foreign arms sales by the United States jumped by almost $10 billion in 2014, about 35...more

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 –...more

Anti-Corruption Compliance beyond Headquarters: Improving Practices in Subsidiaries and Regional Offices

Effective anti-corruption compliance programs are fundamental in today’s corporate environment. However, even the most comprehensive controls put in place by companies may face difficulties in execution. It is not uncommon,...more

Health Care Enforcement in 2016: A Look Back on 2015 and Forecasting the Year Ahead

2015 was a year of transition for the U.S. Department of Justice (“DOJ”), with the installation of a new Attorney General, Deputy Attorney General, and several other high-level officials. In January 2015, Andrew Weissmann...more

2016 Trends #2: Transitioning to a More Global Center of Gravity for Ethics and Compliance

Today, many ethics and compliance professionals, no matter where we’re located, find it to be important to keep up-to-date on the latest news from the European Union courts, the U.K.’s Serious Fraud Office and international...more

Hiring and Compliance: Evaluating Candidates and Setting Expectations

Today I want to talk about two different techniques that your HR function can use to help the compliance function by honoring two very different yet equally famous baseball players who died on Sunday. The first was Jim...more

Tribute to Bob Fox-The Fair Process Doctrine in Compliance

Today’s is a personal blog post. My father, Dr. Milden Jean Fox, Jr. “Bob” passed away last week. He was born in 1926 and was part of what we rightfully call the “Greatest Generation”. We call them this for a whole host of...more

Year-End Sales Targets and Anti-Corruption Compliance: A Potential Clash?

Even the most well-designed anti-corruption compliance programs often fail. Why? According to a new whitepaper from CREATe.org, top reasons include a failure to assess risks, lack of leadership, and insufficient human and...more

Top Ten International Anti-Corruption Developments for November 2015

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more

Star Wars Week Part I – How do You Evaluate a Risk Assessment?

Today I begin a series of Star Wars themed blog posts to celebrate the upcoming release of the next entry in the Star Wars franchise, Episode VII – The Force Awakens. Please note that I will only use the first three movies,...more

Global Anti-Corruption Perspective: Top 4 Potential Changes to Look Out for in Australia's Foreign Bribery Regime

Australia's foreign bribery regime may be set for a significant overhaul in 2016 and 2017. Australia's current foreign bribery legislative framework and approach to enforcement are under review, with the commencement of an...more

Best Practices to Avoid Common FCPA Violations: Gifts, Meals, and Entertainment

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA...more

International Business Attitudes to Corruption: Past & Present

The following interview is with John Bray, Director (Analysis), Control Risks. RB: John, thank you for joining me for this interview. As the main author of the Control Risks “International Business Attitudes to...more

Don’t Lose a No-Hitter – Use of Questionnaire and Compliance Terms and Conditions

Before Jim Crane came along to purchase the Houston Astros and provide us all with some of the best lessons learned for the compliance practitioner, they had a long and storied history, even if part of that history included...more

The Attacks in Paris and AML Compliance

The attacks in Paris and subsequent events have horrified any right-minded person. The slaughter of innocent civilians sickened the world and the outpouring of support for the city of Paris; the country of France and the...more

Best Practices for Anti-Corruption Training

For any company today, large or small, having a comprehensive anti-corruption compliance program in place is essential. To be effective, however, companies must clearly communicate and engage with employees and third parties,...more

Verifying Anti-Corruption Programs – Insights from TI-USA

Has your company implemented a program to prevent, deter and detect corruption? If so, have you verified it to ensure it is effective and appropriate for the level of risk faced by your company? Verification of...more

Clean Hands, Smart Deals: A primer on complying with foreign anti-bribery laws

With the approaching financial year-end and the consequences of external audits, along with the new and increased risk of individual liability executives face in light of the recent Department of Justice “Yates Memorandum”,...more

Parallel Lives: How Brazil and the United States Consider Leniency Agreements and Compliance Programs

In today’s global environment, conduct in one country can potentially violate anti-corruption laws of more than one country. When faced with this possibly debilitating scenario, companies need to understand both the...more

Interview with Jonathan Marks

Ed. Note-I continue my series of blog posts on thought leaders in the compliance space today with an interview of Jonathan Marks, a Managing Director at Navigant. - Where did you grow up? I was born in New York...more

Assistant Attorney General Caldwell Provides Guidance on Corporate Compliance Programs

In her year and a half as Assistant Attorney General in charge of the Criminal Division, Leslie R. Caldwell has repeatedly emphasized the importance of a company having a compliance program fine-tuned to its specific risks to...more

DOJ Sharpens Focus on Corporate Compliance in Deciding Whether to Prosecute Companies

One of the factors that the U.S. Department of Justice (DOJ) considers in deciding whether to bring charges against a corporation is the existence and effectiveness of the corporation’s pre-existing compliance program. On...more

Common FCPA Issues

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA...more

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