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

These ‘mistakes’ are behind most OFAC violations

Earlier this year the Treasury Department’s Office of Foreign Assets Control published A Framework for OFAC Compliance Commitments. It describes essential components of a sanctions compliance program (management commitment, risk assessment, internal controls, testing and auditing, and training).… Continue Reading

Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are “a lose-lose situation for corporate compliance programs.”

The problem, he said, is that deferred- and non-prosecution agreements, however useful they may be, coupled with respondeat superior, increase prosecutors’ leverage over corporations.… Continue Reading

U.K. opposition takes fresh look at enforcement policy

Last week, the British Labour Party, the main opposition party, published a policy review called ‘Tackling Serious Fraud and White Collar Crime.’

As might be expected, the review throws a number of political punches, in particular, the government’s recent proposals to cut red tape for business, by exempting facilitation payments, and the lack of resources for financial crime enforcement agencies.… Continue Reading

Magazine bashes FCPA, defends Wal-Mart

An article in the National Review Friday slammed the FCPA and the DOJ’s enforcement of it.

And it cast Wal-Mart as a victim of an unclear law, forced to pay at least $100 million so far for an unnecessary internal investigation, and potentially on the hook for much more because of what it called facilitating payments to low-level bureaucrats in Mexico.Continue Reading

DOJ and SEC release ‘unprecedented’ joint FCPA guidance

The DOJ and SEC today released a 120-page FCPA resource guide.

It’s available in pdf here.

The foreword, signed today by the DOJ’s Lanny Breuer and the SEC’s Robert Khuzami, says:

The Guide is an unprecedented undertaking by DOJ and SEC to provide the public with detailed information about our FCPA enforcement approach and priorities.

Continue Reading