Skip to content

Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman
Contributing Editor

Scott Shaffer: Due diligence will always be a human skill

In the recent Kinross FCPA case, the Securities and Exchange Commission stated that: “Kinross contracted with a politically-well-connected third-party consultant to facilitate contacts with high-level government officials without conducting the heightened due diligence required by the company’s policies and procedures…”

As I have stated in several posts over the years, the need for enhanced due diligence is still critical when engaging high-risk intermediaries.… Continue Reading

Scott Shaffer: Due diligence still needs the human element

Over the past 10 years, I’ve seen many new firms enter the FCPA due diligence space. They’re often big data companies commoditizing the investigative field.

These firms use technology to expand outside of their niche, into the domain of investigations and licensed private investigative agencies, whose entire business model focuses on investigative analyst-led research.… Continue Reading

Scott Shaffer: When things go wrong, your due diligence was never enough

The Unaoil scandal has again brought FCPA due diligence to the forefront. Specifically, the question asked of compliance officers is, “How much due diligence is enough?” 

The answer, still, is “it depends.” 

But when things go wrong, the due diligence that was done is always “not enough.” It’s very easy to play armchair quarterback and second-guess the situation after the fact, but the truth of the matter is that due diligence is a very complex and challenging undertaking.… Continue Reading