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
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
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
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
Is my anti-corruption program effective or not effective? In the United States, companies only receive the definitive answer to that question in worst case scenarios — at the back end of a governmental program evaluation, typically while under FCPA scrutiny by the DOJ.… Continue Reading
In the past few months, The Atlantic, the New York Times, and Time magazine have all featured stories on professional reinvention — changing course at some point during one’s career.… Continue Reading
The 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 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
Heads up: The six-month anniversary in your new position will arrive in a flash.
If you were hired as part of your organization’s response to a serious corruption allegation, you may still be in fire-fighting mode at this point, but starting to emerge for air.… Continue Reading
Andy Spalding’s post On soccer and social change: It’s not about the sport was nicely articulated and I couldn’t agree more.
The FIFA football scandal transcends geographies and socio-economic barriers.… Continue Reading