Bribery Schemes and Their Compliance Responses
This writing will highlight some of the more unusual bribery schemes described in 2019 Foreign Corrupt Practices Act (FCPA) enforcement actions and also consider their impact on compliance programs, what they mean for the compliance professional and how the government could potentially use these cases to require more effective compliance programs going forward.Fraudsters are always looking for loopholes and weak spots to exploit. The same is true for those engaged in bribery and corruption. The role of every compliance professional is to prevent, detect and remediate. By following some of the approaches I have outlined, you can move towards more robust detection.
Fraud Tip Friday: Lessons From Recent FCPA Enforcement Actions
The United States government’s fiscal year ended on September 30, 2019. Just as in the business world, where many companies try and clear out any unexecuted deals or open contracts, the Securities and Exchange Commission (SEC) cleared out three outstanding Foreign Corrupt Practices Act (FCPA) enforcement actions. The three enforcement actions involved Quad/Graphics Inc., a Wisconsin-based digital and print marketing provider, and its Peruvian subsidiary, Quad/Graphics Peru S.A.; Barclays PLC; and a Canadian clean fuel company Westport Fuels Systems, Inc. and its former Chief Executive Officer (CEO), Nancy Gougarty of Leesville, South Carolina. The terms of each settlement agreement provide a different lesson for compliance practitioners.
DOJ Updates FCPA Corporate Enforcement Policy
On November 20th, 2019, The Department of Justice ("DOJ") announced updates to its Foreign Corrupt Practices Act ("FCPA") Corporate Enforcement Policy. While the changes were relatively minor, the modifications underscored important principles surrounding the FCPA Corporate Enforcement Policy. This latest update follows extensive revisions made in March of this year and the announcement that the FCPA Policy will apply as non-binding guidance for all criminal cases; all reflect DOJ’s continued efforts to promote self-disclosures and provide clarity on DOJ’s approach for companies deciding whether to self-disclose. There is little doubt the DOJ has landed on a Corporate Enforcement Policy that took years to develop. The FCPA Corporate Enforcement Policy now applies to all corporate criminal prosecutions except Antirust Division criminal prosecutions that are guided by the Leniency Program. The DOJ is consistently applying the principles and appears to be very comfortable with the results.
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.
FCPA: CEO Overriding/Circumventing and Exploiting Internal Controls, and Issuing False Certifications
Skepticism - A Key Tool in the Fight Against Fraud
“Trust but verify” could be a downright dangerous approach when applied to audit procedures in particular. A much better slogan for fraud deterrence would be, “Trust is a professional hazard.”The implication is that because financial management plays a leading role in detecting financial fraud, it is incumbent on executives – not just auditors – to exercise appropriate levels of professional skepticism. Board members and particularly audit committee members also must take care to exercise a skeptical approach to financial reports and supporting information.
Slush Funds and the Juniper Networks FCPA Settlement
Niki A. den Nieuwenboer will be kicking off the 2020 IIA Philly Fraud Symposium sponsored by Baker Tilly - Mark your calendars for March 20th!
Jonathan T. Marks, Baker Tilly Partner, is Speaking Today at the First Chair Event in Chicago on Triaging Whistleblower Allegations
Foreign Bribery “Nips” Another for About $300 Million
New DOJ Guidance Addresses ‘Effectiveness’ of Compliance Programs
DOJ Evaluation of Corporate Compliance Programs
SEC Challenged Over Delay on Whistleblower Award Decision
Tipsters have grown frustrated with the length of time it has taken the the SEC ("Commission") to determine whether a tip warrants a reward.
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
Whistleblower Award: “Smoking Gun Evidence and Indispensable Assistance”
Fraud Training - The Investigative Interview: Assessing Subject Credibility
This one day Fraud Symposium, hosted by the Institute of Internal Auditors - Philadelphia Chapter, will include other topics such as: Fraud hotlines, Current trends in white-collar crime (FCPA, FCA, etc.), Investigation pitfalls, Third-party risk management, and Compliance and Internal Audit issues.
Fraud and Compliance Master Class in Chicago, Illinois on March 20 and 21, 2019
Combating Fraud Through Effective Internal Controls
“Fraud is not an accounting problem; it is a social phenomenon.” Joe WellsMost companies will not readily admit that their organizations may be vulnerable to fraud.According to the 2020 Report to the Nations published by the Association of Certified Fraud Examiners (“ACFE”), which contains an analysis of approximately 2,500 cases of occupational fraud that were investigated between January 2018 and September 2019, organizations lose 5% of their annual revenues to fraud. While this number is only a general estimate based on the opinion, it represents the collective observations of anti-fraud experts who together have investigated hundreds of thousands of fraud cases. Based on the ACFE’s study, the median loss caused by frauds was $125,000, with 21.0% of the cases resulting in losses of at least $1 million.
Collusion, Conflicts of Interest, and Corruption!
Investigation Roundtable on January 23, 2019, in Center City Philadelphia - Register Today! CPE/CLE
Investigation Roundtable on January 23, 2019, in Center City Philadelphia