In my line of work, I collaborate with risk management executives a lot. I have learned much from them since they are indispensable to the process of conceptualizing and mitigating business risks and legal risks. When working through a challenging legal issue that may cause the &$%* to hit the fan, many risk management leaders…
According to a recent DOJ non-prosecution agreement (NPA) with Credit Suisse Hong Kong, the popular Take Our Daughters and Sons to Work Day got a little twisted. According to the facts in the NPA, the daughter of a high-ranking Chinese foreign official took her mom on her Credit Suisse business trips. This was possible because…
Question: What do: Cuban cigars A gas line to a heated pool Dinners at a French restaurant A job with a prestigious bank A charitable contribution Have in common? Answer: Each was considered a bribe in a corruption and/or racketeering scheme to improperly influence a government official or government employee to use their position to…
Entering a relationship with a new client, sales consultant, joint venture partner, or any other entity merits thoughtful consideration to protect your business’ value. Likewise, once you enter a relationship, you need to make sure the relationship stays healthy and productive over time. This is especially true when working with governments or doing business internationally…
Former Defense Secretary Donald Rumsfeld, when speaking about the Iraq War, took a lot of “writ” for saying there are unknown unknowns and that the unknown unknowns are difficult to manage. No doubt it is a weird statement on its face. But, most folks who manage risk for a living understand that the unknown unknowns…
FOCI – Foreign Ownership, Control and Interest Given the information and technology that U.S. defense contractors have and the role they play in U.S national security, U.S. defense contractors need to be particularly concerned about the dangers of the world. To manage the wild and dangerous world, regulations, particularly those detailed in the National Industrial…
“Oh baby, baby, it’s a wild world.” -Yusuf Islam, formerly known as Cat Stevens To assist businesses in operating in this wild world, the U.S. government tries to pass laws that it thinks will protect businesses and U.S. national security. The Foreign Agent Registration Act (22 U.S.C. 611 et seq.; 28 CFR Part 5) (FARA)…
Whether your organization is building an anti-corruption program from scratch, or improving an existing one, it can be an intimidating, time-consuming and costly process. Either way, thinking about an anti-corruption program strategically and holistically can build efficiencies and effectiveness. A holistic approach to an anti-corruption program allows leadership to provide strategic direction and to actually…
At times, corporations and their leaders fumble when assessing legal risks. The result is trouble – corruption, procurement fraud, securities violations, inflated earnings, and trade violations. When it happens, it often results in criminal prosecutions, shareholder lawsuits, and negative media creating a perception that companies are filled with scoundrels. Often the prosecutions, the lawsuits and…
Britain’s Serious Fraud Office is Serious About Punishing Corrupt Behavior (Even Those Who Can’t Pay Serious Fines) Britain’s Serious Fraud Office (SFO) has reached a deferred prosecution agreement with a “small to medium sized” company that as of this writing it cannot yet name. So for purposes of this post we will call that “small…