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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

Attention colleges: ISO 37001 can help

Colleges implicated in Operation Varsity Blues (and those not yet named) can act to prevent similar bribery situations and restore trust without reinventing the wheel: the ISO 37001 anti-bribery system is uniquely suited to help manage these bribery-risk situations.… Continue Reading

Three predictions for the future of ISO 37001

2018 was an eventful year in ISO 37001’s adoption journey. The anti-bribery standard’s flexibility was demonstrated through a variety of first-time (for ISO 37001) public and private sector uses.

The Brazilian and Danish prosecutors’ use of ISO 37001 in bribery settlement agreements, and the Korean Pharmaceutical and Bio-Pharma Manufacturers Association assistance to its 194 members with a phased ISO 37001 adoption approach, for example. 

 Brazil, Italy and Peru lead in terms of the number of certified ISO 37001 organizations.… Continue Reading

Worth MacMurray: How to know if your program is ISO 37001 certifiable

The conventional wisdom among many of those responsible for managing organizational FCPA risks is that the existence of a reasonably good program equates to having an ISO 37001 anti-bribery management system “covered.”

The implicit suggestion is that the requirements of the FCPA legal standard are virtually the same as the ISO 37001 business standard, or that, at a minimum, not many program changes would be required to obtain ISO 37001 certification.… Continue Reading

Worth MacMurray: New DOJ enforcement policy and ISO 37001 are aligned

In Deputy Attorney General Rosenstein’s recent announcement of a new FCPA Policy, he highlighted three hallmarks of a Policy effective compliance program: fostering a culture of compliance; dedicating sufficient resources to compliance activities; and ensuring that experienced compliance personnel have appropriate access to the board.… Continue Reading

Worth MacMurray: The DOJ is emphasizing a ‘culture of compliance’

Leslie R. Caldwell, Assistant Attorney General for the Criminal DivisionThe DOJ’s FCPA Guidance and Enforcement Plan places significant emphasis on organizational culture. The section describing “an effective compliance and ethics program” includes “whether the company has established a culture of compliance, including an awareness among employees that any criminal conduct, including the conduct underlying the investigation, will not be tolerated.”

The 2012 DOJ/SEC FCPA Resource Guide was the first major policy statement by these two federal law enforcement bodies to include the culture of compliance term.… Continue Reading

The DOJ Pilot Program: Financial considerations for both companies and their executives

The DOJ Fraud Section’s recently released FCPA Enforcement Plan and Guidance outlines a novel one-year pilot program for corporate self-reporting and cooperation, with specific fine reduction incentives.

“Appropriate remediation” is one of the pre-requisites for qualifying for these incentives, focused largely on compliance program characteristics and other preventive measures.… Continue Reading