Directive 2019/1937 of the European Parliament and Council dated 23 October 2019 on the “protection of persons who report breaches of Union law” (the “Directive”) is currently being implemented by EU Member States. The directive has broad applicability to organizations operating in the EU internal market and applies to both public and private sector organizations alike. Whistleblowers are guaranteed legal protection to the extent: (1) they have reasonable grounds to believe that the...

NAVEX continues to produce high-quality compliance reports, many of which are a must-read in the compliance industry. Its annual Whistleblower Report is of particular note -- NAVEX is the leading provider of hotline services in the world, and its data is invaluable as a source of trends in this industry. This year --2024 -- is no exception. NAVEX combed through the data from 3784 organizations for 2023. Its headline conclusion -- 2023 was a busy year, with a record level of use and the...

OFAC is capable of extending a long arm of enforcement, reaching sometimes non-U.S. companies that may "cause" another company to violate U.S. Sanctions laws. If you need to find an example of this long reach, look no further than OFAC's recent settlement with SCG Plastics ("SCG"). In this settlement, SCG, a Thai company that sells plastic resins, agreed to pay $20 million for violations of the Iran Sanctions Program. In this episode, Michael Volkov explores the series of actions that led to...

LRN continues to set the standard for ethics and compliance program research. Volkov Law is  a supporter of, and advocate for, LRN’s research because it has consistently confirmed what we all know and believe - ethical companies perform better in the marketplace over the long run. It is an intuitive fact that employees respond better to values-based leadership than a rules-based environment and culture. Volkov Law is committed to that mission with our clients, colleagues, partners, and...

On the heels of the Gunvor FCPA settlement for $661 million, DOJ announced its settlement with Trafigura, the latest commodities trading company to fall under DOJ's FCPA Sweep against the industry. Trafigura joined the list of international commodity trading companies to suffer FCPA enforcement actions like Vitol, Sargeant Marine, Glencore, Freepoint, and Gunvor. DOJ's corporate resolutions are connected to individual prosecutions and guilty pleas of 19 individuals, including six government...

In a recent speech on March 7, 2024, Deputy Attorney General Monaco announced that, in the next 90 days, DOJ would implement a new whistleblower program to reward reporting of criminal misconduct at public and private companies. In particular, DOJ will encourage reporting of potential violations of the Foreign Corrupt Practices Act ("FCPA") and the recently enacted Foreign Extortion Prevention Act ("FEPA"). AAG Monaco noted that DOJ will be particularly interested in "foreign corruption...

Boeing continues to struggle with its core business activities. As troubles mount for Boeing, it is clear that it continues to suffer from real and pervasive culture issues that have been reflected in serious safety failures, financial difficulties, regulatory violations, and serious reputational damage. Boeing's troubles permeate every part of its organization -- from the board to senior executives to its operations and overall ethics and compliance commitment. As a result, Boeing stands at...

You have to give the Justice Department credit - after two slow enforcement years, DOJ is starting off 2024 with a relative "bang;" first, DOJ reached a large settlement with SAP in January, and now, DOJ has reached a blockbuster settlement with Gunvor S.A. for $661 million. Gunvor is one of the world's largest commodities trading companies. DOJ's settlement represents a "return" to its long-standing aggressive approach to FCPA enforcement. DOJ did not permit Gunvor to enter into a deferred...

Whatever the cause, criminal sanctions enforcement will be an interesting area in 2024. The DOJ's planned aggressive push against companies and individuals for sanctions violations is about to be unleashed. There is no question that DOJ's enforcement initiative is coming—it is just a question of when. We have already seen several examples of what aggressive sanctions enforcement will look like -- as the new "FCPA," we can expect several standard elements: Large Penalties -- multi hundreds of...

Companies have a vested interest in preserving internal communications for a variety of reasons -- to hold actors accountable and to protect the organization from potential private and government claims or investigations that may have serious direct or collateral consequences. Companies that want to use ephemeral messaging systems can do so, but they have to understand the risks involved and tailor appropriate controls and procedures to avoid potential damage. DOJ's  Evaluation of Corporate...

In this special episode of Corruption, Crime, and Compliance, Michael Volkov joins colleague and long-time friend Tom Fox as they delve into the intricacies of recent FCPA enforcement actions, shedding light on the evolving landscape of corporate compliance. From the ABB case to the SAP settlement, Michael and Tom dissect the nuances of voluntary disclosure, extensive remediation, and the shifting priorities of the Department of Justice. Join them as they navigate the complexities of...

Christian Focacci is a leader in the artificial intelligence world and harnesses the capabilities for risk management. He is the founder and CEO of Threat.Digital, which has launched a new product DiligenAI.  Threat.Digital is leveraging large language models and real-time data feeds to empower organizations to identify risk information confidently and efficiently, setting a new standard in risk intelligence. Mike and Christian discuss AI and its use in compliance third-party risk...

On December 31, 2021, President Joseph R. Biden, Jr. signed the the Uyghur Forced Labor Prevention Act (“UFLPA”) into law to address the ongoing exploitation of the ethnic minority Uyghur population by the government of the People’s Republic of China (“PRC”). Among other things, the UFLPA creates a rebuttable presumption that all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in Xinjiang, or by entities designated for inclusion on the UFLPA Entity...

Gabrielle Griffith, Director BPE Global, is an expert in trade compliance issues. Gabrielle assists clients in implementing effective trade compliance programs by addressing improvements within organizations’ people, processes, and systems. In the area of U.S. export controls, she advises clients on compliance with the International Traffic in Arms Regulations, the U.S. Export Administration Regulations, and the various embargo and sanctions programs administered by the Office of Foreign...

The Justice Department and the Office of Foreign Assets Control had a big year in 2023. Criminal and civil enforcement continue to increase. The DOJ has warned corporations that aggressive sanctions enforcement actions are coming -- to that end, the DOJ assigned 25 new prosecutors to the National Security Division to execute on its promise. Meanwhile, OFAC had a record year in collecting $1.539 billion in penalties, largely the result of two blockbuster settlements -- British American Tobacco...

For the Justice Department and the SEC, 2023 was a slow year in FCPA enforcement. Despite promises of aggressive enforcement, DOJ and the SEC failed to achieve increases in FCPA enforcement. DOJ and the SEC issued no blockbuster enforcement actions or settlements. The SEC's number of enforcement actions was steady and eclipsed its 2022 number by one. Equally significant was DOJ's reduction in individual criminal prosecutions, thereby raising legitimate questions as to its ability to deliver...

Bribery is rampant in many countries around the world, and in this episode of Corruption, Crime, and Compliance, we take a look at a recent FCPA case involving SAP, a global software company. SAP’s violations spanned multiple countries, including South Africa and Indonesia, and resulted in prosecution and a hefty $220 million dollar penalty. However, many people were baffled with the resolution of this case. The DOJ lacked aggressiveness and failed to impose an independent compliance monitor....

How do you manage risk when the vulnerabilities are outside your organization’t in your hands? In this episode of Corruption, Crime, and Compliance, we delve into the world of third-party risk management with our guest, Natalie Druckmann, from Certa. As we discuss the regulatory landscape in EMEA and the US, Natalie highlights the higher regulatory burden faced by companies in EMEA, and how Certa uses AI to streamline workflows, provide intuitive data visualization, and enhance risk...

In this week's episode of Corruption, Crime, and Compliance, we usher in the New Year with a deep dive into something that happened in November of last year. As we begin 2024, it's crucial to reflect on the substantial shifts in the healthcare industry's compliance framework. The HHS Office of Inspector General's Comprehensive Compliance Guidance, released late last year, has set a new standard for healthcare companies, reinforcing the importance of an independent compliance function and...

What is the cost of ignoring compliance? For the world’s largest cryptocurrency exchange, it’s $4.3 billion dollars. In this episode of Corruption, Crime and Compliance, Michael Volkov and his guest, Matt Stankiewicz, delve into one of the most significant financial crime prosecutions in the history of the Justice Department: Binance Holdings. Under the direction of its CEO, Changpeng Zhao, Binance blatantly disregarded compliance, had no AML programs, and willfully put growth over...

How can we build a culture that motivates people to do the right thing? In this episode of Corruption, Crime and Compliance, Michael Volkov and guest Steve Naughton, explore crucial questions about fostering ethical cultures within companies and practical steps compliance leaders can take to transform performance. Steve shares insights from his journey, detailing the evolution of compliance leadership roles and offering a glimpse into PepsiCo's growth in this area during his tenure as Chief...

In the 300th episode of Crime, Corruption and Compliance, Michael Volkov examines the recent FCPA settlements with two major UK reinsurance brokers - Tysers and H.W. Wood - for their involvement in a bribery scheme in Ecuador. The DOJ took an unorthodox approach by going after individual people before the companies. This helped them get cooperation and gather evidence, resulting in over $36 million in fines and forfeited money. However, it also highlights common issues in FCPA cases, such as...

Bobby Butler joins Michael Volkov on this episode of Corruption, Crime and Compliance, to explore the evolution of compliance over 20 years. While enforcement actions sparked major progress, Bobby contends compliance is moving firmly into the realm of competitive advantage and performance multiplier. Millennials and younger generations ‘vote with their feet’, demanding ethical cultures, so compliance may increasingly drive talent retention as well.   Bobby Butler has over 20 years of...

Ephemeral messaging applications like Snapchat, WhatsApp, and Telegram have presented a complex challenge for compliance professionals and legal counsel. On one hand, these technologies can reduce data storage and preservation costs, minimize breach exposure, and allow prioritization of communications data. On the other hand, they can create blind spots by deleting communications records and seriously obstruct internal investigations. How can companies balance the benefits of ephemeral...

Is your company's compliance program truly effective, or is it just ticking boxes? In this episode of Corruption, Crime, and Compliance, Michael Volkov dives deep into LRN's PEI survey with Susan Divers. Susan sheds light on the global nature of ethics and compliance programs, challenging the misconception that they are solely US-centric. They discuss the power of values, the shift from a cop to a coach approach, and the revolutionary trends in employee-centric training, especially in the age...