The Justice Department’s recent Yates memorandum on individual accountability is a significant event. Sure, you can always find members of the FCPA Paparazzi who will discount the memo, or relegate it to a mere “political”...more
10/15/2015
/ Attorney-Client Privilege ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Prosecutors ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Internal Investigations ,
Professional Misconduct ,
White Collar Crimes ,
Yates Memorandum
The Justice Department has to do something about its timing – and more importantly, they need to reexamine exactly what they did (and are doing) with the criminal prosecution of GM.
If you want a perfect example of...more
Federal prosecutors have turned their attention to physicians for Medicare fraud prosecution. Physicians who participate in the Medicare program have to be aware of the significant risks of Medicare fraud....more
9/17/2015
/ Anti-Kickback Statute ,
Compensation Schemes ,
Compliance ,
Criminal Prosecution ,
Department of Health and Human Services (HHS) ,
Durable Medical Equipment ,
False Billing ,
False Claims Act (FCA) ,
Federal Prosecutors ,
Fraud Alerts ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Kickbacks ,
Medicaid ,
Medicare ,
Medicare Fraud Strike Force ,
OIG ,
Pharmacies
The Department of Justice’s far-reaching criminal investigation into the alleged electronic capacitor cartel has borne fruit – NEC Tokin Corporation agreed to plead guilty and pay a $13.8 million criminal fine for conspiring...more
9/16/2015
/ Auto Parts ,
Brazil ,
Cartels ,
China ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Electronics ,
Enforcement Actions ,
EU ,
Foreign Suppliers ,
Japan ,
LCD Panels ,
Leniency Programs ,
Popular ,
Price-Fixing ,
South Korea
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
9/15/2015
/ Bribery ,
C-Suite Executives ,
Chief Compliance Officers ,
Compliance ,
Corporate Fraud ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Ethics ,
Internal Investigations ,
KPMG ,
Port Authority ,
Resignation ,
Risk Assessment ,
United Airlines ,
White Collar Crimes ,
Willful Misconduct
The Justice Department can surprise you – the release of the Yates Memo, as it is commonly referred to since it takes on the name of the Deputy Attorney General (e.g. McNulty Memo), is another strange example of DOJ...more
9/14/2015
/ Cartels ,
Corporate Fines ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
DPA ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Non-Prosecution Agreements ,
U.S. Treasury ,
White Collar Crimes
When DOJ acts, they like to make a splash. While the FCPA Paparazzi have been lamenting the “slow down” in FCPA enforcement actions and the increase in case closings, DOJ still makes its mark when it acts, and I expect more...more
8/25/2015
/ Avon ,
Bribery ,
Cisco ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Diligence ,
Ethics ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Hewlett-Packard ,
IBM ,
Microsoft ,
Oracle ,
Panama ,
Popular ,
Risk Assessment ,
SAP America Inc. ,
Securities and Exchange Commission (SEC) ,
Startups ,
State Contracts
Change does not occur overnight. The SEC, as much as any other government agency, has touted its hiring of former prosecutors and use of aggressive investigation tactics. I always took those statements with a grain of salt –...more
FCPA enforcement efforts are not so hard to follow and predict – the government likes to provide advance warnings as an effective means of deterrence. Justice Department and SEC officials will often tell the public their...more
7/13/2015
/ Bank of New York (BNY) Mellon ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Libya ,
Private Equity Funds ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Sovereign Wealth Funds
In the aftermath of the Sigelman FCPA criminal trial, the FCPA Paparazzi is in full force hyperventilating about “trends,” “messages,” and “lessons learned.”
As a former prosecutor with plenty of trial experience (over...more
Now that the dust has settled a little on the FIFA criminal case, I wanted to throw my two cents into the commentary pot. Those who focus on whether the FIFA case is a “corruption case,” “an FCPA case” or some other...more
Okay, everyone take out their tea leaves and let’s get started on the IAP corruption case – DOJ announced a Non-Prosecution Agreement with IAP Worldwide Services and the criminal plea of a former executive who funneled bribes...more
6/23/2015
/ Bribery ,
Corporate Officers ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Kuwait ,
Non-Prosecution Agreements ,
Shell Corporations ,
Voluntary Disclosure
It is good to be an optimist. I am sure that optimistic people are happier, more loving and tend to live longer. All of this rings true.
But not everyone is an angel, and not everyone at your company is a “good...more
Everyone is talking about the latest corruption scandal, this one with world-wide impact. The scandal engulfed FIFA as seven organization officials were recently arrested in Switzerland. Charges include a range of money...more
DOJ has developed a new and innovative model for criminal prosecution of corporations. The jury is still out on whether this model is the best use of public resources.
DOJ frequently touts its successes based on...more
Prosecutors have taken a few lumps lately. Based on my own experience, most prosecutors are dedicated, hard-working, public servants who are committed to “doing the right thing.”...more
The Supreme Court is about to send another shockwave in criminal law. No one suspected that the Roberts Supreme Court would become a pro-defendant court but with the support of some conservative justices, the tide against...more
DOJ and the SEC have quietly (or maybe not so quietly) set an enforcement tone in the aviation industry. When you look over the last few years, we have several enforcement actions either pending or resolved involving the...more
2/4/2015
/ Airbus ,
Aviation Industry ,
BizJet ,
Corporate Fines ,
Criminal Prosecution ,
Dallas Airmotive ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Strategic Enforcement Plan
You have to give credit to the SEC and its enforcement approach. They have learned many lessons along the way, especially when it comes to prosecuting individuals....more
The old expression goes – “Do not break your arm patting yourself on the back” – but maybe I might just extend my arm a little with the Alstom settlement. Last year I predicted that the Alstom case would eclipse Siemens as...more
1/12/2015
/ Alstom ,
Bribery ,
C-Suite Executives ,
Corporate Culture ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
General Electric ,
Popular
The key to being a successful (FCPA) prognosticator is never to keep score. If you do, you are likely to be disappointed.
Instead, I follow the strategy of calculated distraction – for example, I predicted last year...more
1/7/2015
/ Alstom ,
Avon ,
Bio-Rad Laboratories ,
Chief Compliance Officers ,
Cobalt ,
Compliance ,
Corporate Crimes ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Internal Controls ,
Qualcomm ,
Securities and Exchange Commission (SEC) ,
SFO ,
UK Bribery Act ,
Wal-Mart
We all like annual reviews and predictions for the upcoming year – it is a New Year’s rite of passage and one that brings perspective and a sense of order to our otherwise chaotic lives....more
1/6/2015
/ Alcoa ,
Alstom ,
Avon ,
BizJet ,
Bruker ,
C-Suite Executives ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
GlaxoSmithKline ,
Manufacturers ,
Medical Devices ,
Personal Liability ,
Pharmaceutical Industry ,
Popular ,
Securities and Exchange Commission (SEC) ,
Smith & Wesson ,
US v Esquenazi
Companies are reluctant to go to trial in a criminal case. Instead, they look for alternatives short of a criminal guilty plea and DOJ has a suitcase full of options that they use....more
Just when we thought Jodi Arias had receded into the shadows of notorious sociopathic killers, she has returned for yet another drama-filled narcissistic replay of her depraved indifference to life and humanity....more
The Justice Department has a penchant for disclosure – they tell you what they are going to do in advance and then they do it. Companies have tried to claim they were “shocked” or “surprised” by the Justice Department’s...more