U.S. Foreign Corrupt Practices Act (FCPA) enforcement activity may be at a temporary standstill, but that should not mean much for the day-to-day operations of global anti-corruption compliance programs. If the Department of...more
2/13/2025
/ Anti-Corruption ,
Bribery ,
Compliance ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Executive Orders ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Regulatory Agenda ,
Regulatory Freeze ,
Regulatory Reform ,
Risk Management ,
Smuggling ,
Supply Chain ,
Trump Administration ,
White Collar Crimes
As the interplay between export controls, trade sanctions, and anticorruption enforcement continues to intensify, multinational companies must remain vigilant in ensuring that their compliance programs address the many...more
9/25/2024
/ Anti-Corruption ,
Boycotts ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Multinationals ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Popular ,
Russia ,
Sanction Violations ,
Self-Disclosure Requirements ,
Supply Chain ,
Ukraine ,
Voluntary Disclosure
For years, Department of Justice officials have stressed how important chief compliance officers are as the first line of defense in fighting corporate crimes. While that’s true, compliance programs now have a competitor in...more
6/7/2024
/ Bribery ,
CFTC ,
Compliance ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Pilot Programs ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Investigations ,
Jurisdiction ,
Kickbacks ,
Money Laundering ,
Non-Prosecution Agreements ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
In December 2023, President Joe Biden signed the Foreign Extortion Prevention Act (FEPA) into law under the broader Fiscal Year 2024 National Defense Authorization Act (NDAA). While FEPA’s sponsors hailed it as “the most...more
3/1/2024
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Department of Justice (DOJ) ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Investigations ,
Jurisdiction ,
NDAA
In early October 2023, Deputy Attorney General (DAG) Lisa Monaco announced a “new” (but not new) Department of Justice (DoJ) policy intended to incentivize acquiring companies to voluntarily self-disclose criminal misconduct...more
1/30/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Due Diligence ,
Foreign Corrupt Practices Act (FCPA) ,
Life Sciences ,
Mergers ,
Risk Assessment ,
Safe Harbors ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Over the last several months, companies have become entangled in an increasingly complex web of new and expanded sanctions and export control restrictions related to Russia in response to its war on Ukraine. The current...more
11/14/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Construction Industry ,
Department of Justice (DOJ) ,
Divestment ,
Economic Sanctions ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
FinCEN ,
Foreign Direct Product Rule ,
Information Technology ,
Manufacturers ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanction Violations ,
SDN List ,
Self-Disclosure Requirements ,
Trade Restrictions ,
Ukraine ,
White Collar Crimes
While the U.S. Department of Justice’s Criminal Division published its fourth version of its “Evaluation of Corporate Compliance Programs (ECCP)” guidance more than six months ago now, the insights that in-house counsel and...more
10/4/2023
/ Business Operations ,
Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Compliance Monitoring ,
Corporate Communications ,
Corporate Governance ,
Department of Justice (DOJ) ,
Electronic Communications ,
Executive Compensation ,
Federal Pilot Programs ,
In-House Perspective ,
New Guidance
The Department of Justice’s newly launched compensation and clawback pilot program is certain to bring with it numerous implementation hurdles and jurisdictional challenges, but it also incentivizes companies to have in place...more
6/13/2023
/ Bonuses ,
Clawbacks ,
Compensation ,
Compliance ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Employee Misconduct ,
Ethics ,
Foreign Corporations ,
Good Faith ,
Pilot Programs ,
Publicly-Traded Companies ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Wage and Hour
As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more
4/11/2023
/ Artificial Intelligence ,
Compliance ,
Compliance Commitees ,
Corporate Governance ,
Data Preservation ,
Data Security ,
Data Storage ,
Department of Justice (DOJ) ,
Discovery ,
Document Retention Policies ,
e-Discovery Professionals ,
Electronic Communications ,
Enforcement Actions ,
Information Technology ,
Instant Messaging Apps ,
Policies and Procedures ,
Recordkeeping Requirements ,
Regulatory Oversight ,
Third-Party
For more than two years now, heads of the U.S. Department of Justice have maintained a steady drumbeat that they expect companies today to have in place a sound data analytics compliance program to proactively mitigate risks....more
3/2/2023
/ Analytics ,
Anti-Corruption ,
Artificial Intelligence ,
CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement ,
Ethics ,
Foreign Corrupt Practices Act (FCPA) ,
Machine Learning ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
In recent years, U.S. enforcement agencies have signaled that a data-analytics driven compliance program is more than a nice to have, it’s a must-have if companies are going to get more adept at demonstrating the...more
Officials with the U.S. Department of Justice have portended a sea change in the oversight responsibilities of chief compliance officers (CCOs) as it concerns corporate resolutions going forward.
In public remarks made March...more
8/9/2022
/ Anti-Corruption ,
CEOs ,
Certification Requirements ,
Chief Compliance Officers ,
Compliance ,
Criminal Liability ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Guilty Pleas ,
Internal Controls ,
Non-Prosecution Agreements ,
Personal Liability
In line with the Biden administration’s declaration last year that anticorruption is a “core United States national security interest,” sanctions evasion enforcement rapidly has become a core priority for the Department of...more
7/12/2022
/ Anti-Corruption ,
Best Practices ,
Compliance ,
Corporate Crimes ,
Cross-Border Transactions ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Due Diligence ,
Economic Sanctions ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Multinationals ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Terrorist Financing ,
U.S. Treasury