2020 Top 10 Articles on Fraud, Compliance, and Risk Management
Happy New Year, and thank you to the more than 100,000 people that visited Board and Fraud in 2020! With everything that happened last year, fraud, compliance, and risk management have arguably become more important than ever.
Speaking and Training on Fraud, Compliance, Ethics, and More...
Welcome to my site. I have spoken and been the keynote speaker for many conferences, including the ABA, ACC, ACFE, IIA, and IMA to name a few. I have designed customized training for the board, senior leadership, legal, compliance, internal audit, and others for some of the world's largest organizations.
Fraud: Department of Justice (DOJ) Announces Procurement Collusion Strike Force
On November 5th, the Department of Justice announced the formation of the new Procurement Collusion Strike Force (PCSF) “focusing on deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in government procurement, grant and program funding”.The Strike Force is an inter-agency partnership comprised of prosecutors from the Antitrust Division, and prosecutors from thirteen (13) U.S. Attorneys’ Offices. Aiding in the prosecutors’ efforts are investigation partners such as the Offices of Inspector Generals from the Department of Justice, Department of Defense, U.S. Postal Service, and General Services Administration Office. The Department of Justice’s announcement proclaimed that investigating and prosecuting those who “cheat, collude and seek to undermine the integrity of government procurement” will have more to concern themselves with when executing their crimes. Prosecutors and investigators alike expressed enthusiasm to be working as a part of this new team.
New DOJ Guidance Addresses ‘Effectiveness’ of Compliance Programs
DOJ Evaluation of Corporate Compliance Programs
PHorensically Speaking Podcast Feed is Live!
With the help from a true friend, Tom Fox, I am entering the world of Podcasting. I will be developing at least three Podcasts per
Hidden Assets and Illegal Payments
Stuffed animals, loose bricks in basement walls, mattresses, caves, hollow tree trunks, holes in the ground, and safe deposit boxes have provided hiding spots.Today, hiding assets may be a much more sophisticated endeavor, often involving investments, banks, and overseas financial transactions.Investigators should consider using a defined process to pursue matters that involve a search for hidden assets and illegal payments.
Fraud and Related Party Transactions
Board Member Composition: Participants, Passengers, and Prisoners?
As the organization's ultimate decision-making body, the board of directors plays two critical roles: overseeing management on behalf of shareholders and other constituencies; and advising management, albeit with limited involvement in everyday company operations - nose in, hands off! The board should not attempt to run the organization's operations; it should oversee how management runs the company. I am amazed at how many members are disengaged, which reminded me that one of the traits of an effective leader, or Pilot, is being a good team builder. But how can you build a good team if you don't understand the players? I'm not speaking about understanding their skills; I am speaking about understanding their level of engagement. That is an amorphous concept most ignore.
Today’s General Counsel: White Collar Crooks Share Certain Characteristics
Registration is Now Open - Class Size is Limited! Doing Compliance Master Class Training with Tom Fox will be held in New York City on November 12-13 (Two Days), 2018.
News Release: Baker Tilly Strengthens Growing Forensic Litigation Valuation Services Practice with Addition of Industry Leader Jonathan T. Marks
United Technologies Charged With Violating FCPA and Pays almost $14.0 million to Settle
FCPA - “A Better Life, a Better World” Well Maybe Not Yet for Panasonic Avionics
How GDPR Could Impact Whistleblowers and the Ethics Hotline
It's a Hit! Third Party Due Diligence
Why do due diligence? The “knowing” standard of the US Foreign Corrupt Practices Act (FCPA) makes a company equally liable whether an improper payment is made to a “Foreign Official”¹ directly or through a third-party, such as an agent, distributor, reseller, or sub-contractor. To minimize their exposure to potential sanction under anti-bribery and corruption regulations such as the FCPA, companies need to apply appropriate due diligence, taking a proportionate and risk-based approach. Potential due diligence efforts include direct requests for details on the background, expertise, and business experience, of relevant individuals. It is also important to know whether you are dealing with a Politically Exposed Person (PEP) or a State Owned Enterprise (SOE).