More Thoughts on Whistleblower Awards

whistleblower

Today let’s revisit the Justice Department’s whistleblower awards program, first announced 10 days ago. Since then we’ve all had time to contemplate the program’s implications, several of which deserve compliance professionals’ attention. Let’s begin with the question most important to compliance professionals: Will the existence of this awards program drive would-be whistleblowers not to report…

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Podcast: Do DPAs Really Work?

DPAs

Today we have another Radical Compliance podcast, trying to unpack a question near to the hearts of compliance professionals everywhere: Do deferred-prosecution agreements really work to improve corporate behavior?  This issue has been on my mind lately because federal prosecutors recently accused Boeing of breaching the DPA it struck in 2021 to settle criminal charges…

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Justice Department Eyes AI Risks

AI

Last week the Justice Department announced that it will cast a more critical eye at abuses of artificial intelligence. Today let’s unpack what that news means for compliance officers in practice, and how you might need to adjust your compliance program to accommodate this brave new AI world. The pledge about increased scrutiny of AI…

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Justice Dept. Launches Whistleblower Program

whistleblower

The Justice Department is climbing aboard the whistleblower awards bandwagon, with a new program it plans to launch later this year offering monetary awards to whistleblowers akin to what numerous other federal agencies already do. Deputy attorney general Lisa Monaco made the announcement Thursday while speaking to the American Bar Association’s white-collar crime conference in…

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Swiss Trader Gunvor Pays $661M on FCPA Fails

gunvor

Our latest FCPA enforcement action is a $661 million monster against Swiss trading firm Gunvor, which has pleaded guilty to bribing Ecuadorian government officials through the 2010s in exchange for intelligence about upcoming business contracts with the state-owned oil company of Ecuador. The Justice Department announced the settlement last Friday, along with a companion settlement…

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eBay Settles Crazy Harassment Case

eBay

eBay has agreed to a $3 million criminal penalty, a deferred-prosecution agreement, and compliance monitor, all to settle charges from a bizarre incident in 2019 of the company’s internal security team stalking and harassing an online critic of the company.  The case was cuckoo crazy at the time, and remains so today. eBay’s then-head of…

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Asking to Delay Cyber Attack Disclosure

cybersecurity

Here’s news all you cybersecurity compliance professionals can use: the Justice Department has published guidance on how public companies can seek a national security exemption from the Securities and Exchange Commission’s new rules for expanded disclosure of cybersecurity incidents. As you may recall, the SEC adopted those new rules in July, and they go into…

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Some Vague Hints on Analytics, FCPA

DPAs

The Justice Department is stepping up its own use of data analytics to identify instances of corporate misconduct, and will boost its cooperation with overseas law enforcement to bring more anti-corruption cases as well, a senior department official said this week. The remarks came from Nicole Argentieri, acting assistant attorney general for the Criminal Division,…

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The Monaco Speech, Part II

DPAs

Today let’s return to that speech that deputy attorney general Lisa Monaco delivered last week at the Society of Corporate Compliance & Ethics annual conference. Monaco’s announcement of a new safe harbor policy for acquisitions got the headlines, but there was plenty else in her remarks that also deserves our attention. For starters, Monaco talked…

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Justice Dept. Cuts Compliance Break for M&A

DPAs

The Justice Department is extending yet another olive branch to companies to encourage stronger compliance programs, saying it typically will not prosecute companies that self-disclose issues at acquisition targets if the company makes that disclosure within six months of closing the deal.  So said deputy attorney general Lisa Monaco on Wednesday, speaking at the Society…

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