FCPA Compliance & Ethics

Day 21 of 31 Days to a More Effective Compliance Program-Continuous Improvement

Under Hallmark Nine of Ten Hallmarks of an Effective Compliance Program as articulated in the 2012 FCPA Guidance, it stated, “Finally, a good compliance program should constantly evolve.” This insight was carried forward in the Department of Justice’s 2017 Evaluation of Corporate Compliance Programs which listed three types of continuous improvement: (1) internal audit, (2) [...]

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Day 20 of 31 Days to a More Effective Compliance Program-Responding to Investigative Findings

There is nothing like an internal whistleblower report about a FCPA violation, the finding of such an issue or (even worse) a subpoena from the DOJ to trigger the Board of Directors and senior management attention to the compliance function and the company’s compliance program. Such an event can trigger much gnashing of teeth and [...]

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This Week in FCPA-Episode 85, the Is Case Keenum the Man or Is it Tom Brady’s Hand? edition

In this episode, Jay Rosen and myself take a look at some of the top compliance stories over the past week. Are CCOs at risk? Indeed is should the entire compliance industry be running for cover. Adam Dobrik explores explore in GIR. Court Golumbic explores in “The Big Chill”: Personal Liability and the Targeting of [...]

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Day 19 of 31 Days to a more Effective Compliance Program-The Investigation Protocol

Focusing on investigations under Prong 7 in the Evaluation it stated, Properly Scoped Investigation by Qualified Personnel – How has the company ensured that the investigations have been properly scoped, and were independent, objective, appropriately conducted, and properly documented? Moreover, with the advent of the SEC Whistleblower Program, courtesy of Dodd-Frank, it is imperative that a [...]

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What Level of Due Diligence Should You Perform

Today, I want to take a deep dive and exploration of the levels of due diligence. Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of corruption risk. The key is for you to develop a mechanism to determine the appropriate [...]

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Day 18 of 31 Days to a More Effective Compliance Program- Internal Reporting and Triaging Claims

  The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe through your internal reporting mechanism. That activity might well turn into a FCPA issue for your company. As the CCO, it will be up to you to begin the process which will determine, in many instances, [...]

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Everything Compliance-Episode 24, the Looking Back to Look Forward Edition

In this episode, the top compliance roundtable podcast returns with a look back at some of the top FCPA, compliance and data privacy/data security issues from 2017 and how they inform what will be the top such issues in 2018 by looking forward.  Jay Rosen considers the new Justice Department FCPA Corporate Enforcement Policy and [...]

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Tribute to Keith Jackson and Breakthrough Strategies in Compliance

Keith Jackson died last week. He was universally recognized as the Voice of College Football and announced college football games for over 40 years. According to his obituary in the New York Times (NYT), Robert A. Iger, the chief executive of the Walt Disney Company, said of Jackson “For generations of fans, Keith was college [...]

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Compliance into the Weeds-Episode 66, the Salary Penalty for Misconduct

In this episode Matt Kelly and I take a deep dive into a fascinating paper from Harvard Business School. Boris Groysberg and George Serafeim, worked with a global recruitment firm, to study more than 2,000 executive-level job placements from 2004 to 2011, examining a wide range of job placements and pay data since 2004. They [...]

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Day 17 of 31 Days to a More Effective Compliance Program-Managing Your Third Parties

The building blocks of any compliance program lay the foundations for a best practices compliance program. For instance, in the lifecycle management of third parties, most compliance practitioners understand the need for a business justification, questionnaire, due diligence, evaluation and compliance terms and conditions in contracts. However, as many companies mature in their compliance programs, [...]

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Day 16 of 31 Days to a More Effective Compliance Program-the Third-Party Risk Management Process

As every compliance practitioner is well aware, third parties still present the highest risk under the Foreign Corrupt Practices Act (FCPA). The Department of Justice Evaluation of Corporate Compliance Programs devotes an entire prong to third party management. It begins with the following: Risk-Based and Integrated Processes – How has the company’s third-party management process [...]

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Day 15 of 31 Days to a More Effective Compliance Program-How Do You Evaluate a Risk Assessment?

After you complete your risk assessment, you must then translate it into a risk profile, as Rick Messick has noted, to estimate where bribery is likely occur, so prevention efforts will be properly targeted. Ben Locwin explained, in “Quality Risk Assessment and Management Strategies for Biopharmaceutical Companies”, “Once we have assessed risks and determined a process [...]

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FCPA Compliance Report-Episode 366 Jonathan Marks on performing and using a root cause analysis

In this podcast, I visit Jonathan Marks, a partner at Marcum LLP on how to perform a root cause analysis and it uses in the remediation phase of a best practices compliance program. One new and different item was laid out in the Evaluation of Corporate Compliance Program, supplementing the Ten Hallmarks of an Effective Compliance [...]

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Using a Root Cause Analysis

In my last post, I began considering the Prong of the Evaluation of Corporate Compliance Programs (Evaluation) which was not present in the Ten Hallmarks of an Effective Compliance Program, the root cause analysis. This addition was also carried forward as a requirement in the Department of Justice’s (DOJ’s) new FCPA Corporate Enforcement Policy (Policy). [...]

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Day 14 of 31 Days to a More Effective Compliance Program- Risk Assessments

One cannot really say enough about risk assessments in the context of an anti-corruption programs. Since at least 1999, in the Metcalf & Eddy enforcement action, the DOJ has said that risk assessment which measure the likelihood and severity of possible FCPA violations the manner in which you should direct your resources to manage these [...]

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Day 13 of 31 Days to More Effective Compliance Program-The Fair Process Doctrine

The Fair Process Doctrine is a key component of any best practices compliance program. In the Department of Justice’s Evaluation of Corporate Compliance Programs, Prong 8 Incentive and Disciplinary Measures it states: Incentive System – Consistent Application – Have the disciplinary actions and incentives been fairly and consistently applied across the organization? In the FCPA Corporate Enforcement [...]

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Day 12 of 31 Days to a More Effective Compliance Program-Financial Incentives for Compliance

One of the areas that many companies have not paid as much attention to in their compliance programs is compensation. However, the DOJ and SEC have long made clear that they view monetary structure for compensation, rewarding those employees who do business in compliance with their employer’s compliance program, as one of the ways to [...]

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This Week in FCPA- Episode 84, the Playoffs are Here (for the Patriots) edition

In this episode, Jay Rosen and myself take a look at some of the top compliance stories over the past week. Does Free Speech exist at the office? Can you tell your boss what you think of them? Ben DiPietro looks at a new Department of Labor approach in WSJ Risk and Compliance Journal. Are [...]

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The Root Cause Analysis

One new and different item laid out in the Evaluation of Corporate Compliance Program (Evaluation), supplementing the Ten Hallmarks of an Effective Compliance Program from the 2012 FCPA Guidance, was the performance of a root cause analysis for any compliance violation which may led to a self-disclosure or enforcement action. Under Prong 1 Analysis and [...]

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