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Compliance Corporate Fraud

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. ... 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 -
Bracewell LLP

Creating an Army of In-House Investigators

Bracewell LLP on

In its never-ending war on corporate fraud, the Department of Justice (“DOJ”) has just commissioned a private army to fight as never before. On August 1, the DOJ launched a three-year program to provide financial rewards to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Introducing a ‘SOX-Lite’ Regime in the UK: Learning From Experience in the US

Nearly two decades after the enactment of SOX, which was precipitated by several high-profile corporate and accounting scandals in the US during the late 1990s and early 2000s, UK and European regulators are grappling with a...more

Dechert LLP

“More Cooperation Please”: DOJ Revises Corporate Enforcement Policy to Encourage Even Greater Cooperation

Dechert LLP on

This week the DOJ published revisions to its Corporate Enforcement Policy designed to even further encourage companies to make voluntary self-disclosures of wrongdoing within their ranks, cooperate with investigations, and...more

Thomas Fox - Compliance Evangelist

The Fourth Estate and Wirecard

It is one thing to wake up and find yourself as the lead story on a Sunday morning when the New York Times (NYT) runs a corruption story about your organization above the fold. It is quite another when the world’s top...more

The Volkov Law Group

The Mindset of Employee Fraudsters (Part III of III)

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Technology and computer analytics are important tools in the fight against fraud. But it is not the magic and exclusive bullet. Fraud is committed by humans and investing in the human element, while difficult to measure, is...more

The Volkov Law Group

Fraud Detection: New Technologies and Analytics (Part II of III)

The Volkov Law Group on

The battle against fraud is evolving and technology is providing new and important tools to detect and prevent fraud. Companies are using a variety of techniques and include: continuous monitoring; email monitoring; anomaly...more

The Volkov Law Group

COSO Framework: Fraud, Corruption and Compliance (Part I of II)

The Volkov Law Group on

Global companies need to actively work to prevent fraud and corruption. Fraud and corruption go hand-in-hand. To commit bribery, bad actors have to gain access to money for unauthorized (illegal) purposes. A failure to...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – March 2017

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US Department of Justice Issues New Corporate Compliance Guidelines - Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs - Introduction - Recently, and without the fanfare that often...more

Baker Donelson

New Guidance Document: How DOJ Evaluates Corporate Compliance Programs

Baker Donelson on

The U.S. Department of Justice (DOJ) has issued compliance guidance for corporations that outlines how the Fraud Section will likely evaluate the corporate compliance program of a company under criminal investigation....more

Thomas Fox - Compliance Evangelist

The Fall of the Alamo and Empowerment of the Compliance Professional

Today is the anniversary of the most historic day of many in the history of the great state of Texas, the date of the fall of the Alamo. While March 2, Texas Independence Day, is when Texas declared its independence from...more

King & Spalding

DOJ Issues New Corporate Compliance Guidelines; Document Outlines Criteria for the Criminal Division’s Evaluation of Corporate...

King & Spalding on

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

Thomas Fox - Compliance Evangelist

New DOJ Guidance and FCPA Pilot Program, Part I-Introduction

Last week the Department of Justice (DOJ) held a Press Conference, open to all, led by Andrew Weissmann and Leslie Caldwell. At this Press Conference, they announced the culmination of several ongoing initiatives into a new...more

The Volkov Law Group

DOJ’s Compliance Counsel & Compliance Expectations

The Volkov Law Group on

The Justice Department’s hiring of Hui Chen as the new Compliance Counsel is an important development in DOJ’s prosecution of corporate defendants. It is not clear yet what impact Ms. Chen will have. At a recent event at NYU,...more

K&L Gates LLP

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

K&L Gates LLP on

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

Baker Donelson

Department of Justice Mandate: Prosecute Individuals for Corporate Wrongdoing

Baker Donelson on

On September 9, 2015, Sally Quillian Yates, the Deputy Attorney General of the U.S. Department of Justice (DOJ), issued a directive to the leaders of the divisions of the DOJ and to U.S. Attorneys to combat corporate fraud by...more

Holland & Knight LLP

DOJ Targets Executives and Individuals in Corporate Investigations

Holland & Knight LLP on

Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal...more

The Volkov Law Group

Misconduct in the C-Suite: The United Airlines Scandal

The Volkov Law Group on

It was like a bolt out of the blue – United Airlines’ CEO and two senior executives hastily announced their resignation as a result of their involvement in a bribery scandal with the New York Port Authority....more

Holland & Knight LLP

DOJ Appoints Compliance Counsel to Provide Advice in FCPA Investigations

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) is creating a new compliance counsel position in the Criminal Division’s Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt...more

Thomas Fox - Compliance Evangelist

Dog Bite Defense No. 4 And The Defense Of An FCPA Claim

As most readers of this blog know, I am a recovering trial lawyer. I almost always acted as defense counsel for corporations in my trial lawyer career....more

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