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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
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

Posts Tagged: Respondeat Superior

Is your FCPA compliance disclosure compliant?

The SEC guards the integrity of U.S. markets and protects investors by requiring issuers to disclose material information about themselves and their directors and officers. However, the SEC doesn’t tell anyone what to say or how to say it.… Continue Reading

Proposed German corporate legislation introduces respondeat superior, compliance defense, and cooperation credit

The upcoming German Corporate Sanctions Act (Verbandssanktionsgesetz aka VerSanG) draft represents a major change for businesses. Originally drafted by the German Federal Ministry of Justice and Consumer Protection in 2019, it introduces the idea of non-natural persons being subject to criminal liability, which is a firmly established concept in many other jurisdictions.… Continue Reading

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