DoJ Dinged on Whistleblower Protection

whistleblower

Radical Compliance is never one to engage in schadenfreude, but for whatever this may be worth: the Justice Department has been dinged by its own inspector general for sloppy whistleblower protection efforts with its third parties. The inspector general, Michael Horowitz, sent a memo to senior Justice Department officials last week warning that the department…

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Liquor Case Gins Up FCPA Lessons

fcpa

Here’s something you don’t see every day: the Justice Department hit spirits manufacturer Beam Suntory with a $19.5 million fine on Tuesday for a bribery scheme in India — where the company got an extra punch in the pocketbook for failure to cooperate fully or to coordinate the Justice Department FCPA investigation with a separate…

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New FCPA Opinion Release

fcpa

The Justice Department has published its first FCPA Opinion Release in six years, saying a U.S. investment adviser does not need to worry about paying a $237,500 fee to the banking subsidiary of a foreign government for services rendered. FCPA Opinion Releases are short Justice Department analyses of specific fact patterns that might leave a…

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Justice Dept. Updates Compliance Guidance Again

compliance

The Justice Department updated its guidance for evaluating effective compliance programs on Monday, adding new material about how often a company reviews the structure of its program, a compliance officer’s access to data, and how companies integrate acquisitions into their existing programs.  The department posted the update without fanfare on Monday afternoon, and had made…

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A Note on DOJ Monitorships

Some gossip for compliance professionals who like to obsess about corporate compliance monitors: the Fraud Section at the Justice Department has started publishing the names of monitors assigned to corporate corruption cases.  It looks like the names appeared on the Fraud Section website last week, and so far there are only 13 monitorships listed. Still,…

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Lessons From Justice Dept Meltdown

compliance

You may have noticed that the Justice Department’s ethical reputation blew apart last week — shards of integrity streaking across the stage, leaving a miasma of unprincipled conduct looming over attorney general William Barr’s office.  By now you probably know the story. Last week Barr intervened in the sentencing recommendation for Roger Stone, self-professed dirty…

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The FCPA Threat That Wasn’t

fcpa

The corporate compliance community had a surprise moment of mainstream media attention on Friday, when Trump Administration chief economic adviser Larry Kudlow told reporters the Administration is “taking a look at” the Foreign Corrupt Practices Act and is considering potential reforms. This led to a wave of speculation on Twitter and the press that the…

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Cooperation Policy for Sanctions Violations

ofac

Compliance officers have a new cooperation credit policy from the Justice Department to consider, this one addressing sanctions and export control issues. It differs just enough from other cooperation policies we’ve seen from the Trump Administration that compliance officers need to give this one more attention. The policy was announced last Friday by David Burns,…

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New Guidance on Inability to Pay Penalties

inability

The Justice Department has published fresh guidance about how it will evaluate a company’s claims that it can’t afford to pay monetary penalties, for all you legal and compliance officers trying to convince everyone that your firm lives in the poorhouse.  Assistant attorney general Brian Benczkowski announced the new guidance Tuesday while giving a speech…

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DOJ Hints at New Enforcement Ideas

compliance

The Justice Department is considering new approaches to handle companies that can’t pay monetary penalties as part of a corporate misconduct settlement; and is also warning securities and commodities traders to step up the data analytics they do to uncover market abuses. So said deputy assistant attorney general Matthew Miner during a speech he delivered…

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