Whistleblower Policy and Non-Retaliation. A big part of building a culture of compliance is to establish clear guidance for employees and third parties to report suspicions of wrong doing. The employee is more likely to report corruption if they believe they will remain anonymous and there is no possibility of any retaliation to a valid concern. The DOJ and SEC recommended secure and confidential internal controls.   Responsibility to Report. As employees and representatives of the company must practice honesty [...]

Foreign Agent Activity. Many companies doing business in a foreign country retain a local individual or company to help them conduct business. Although these foreign agents may provide entirely legitimate advice regarding local customs and procedures and may help facilitate business transactions, companies should be aware of the risks involved in engaging third-party agents or intermediaries. The fact that a bribe is paid by a third party does not eliminate the potential for criminal or civil FCPA liability.The FCPA expressly [...]

What is Adequate? In appraising a compliance program, the DOJ and SEC consider whether a company has sufficient resources to ensure the company’s compliance program is implemented effectively. When it comes to compliance, there is no one-size-fits-all program. Adequate resources may be measured in different ways. Companies may consider a variety of factors when determining what is appropriate for their specific business needs. What follows are basic suggestions to measure adequate resources. Size. For smaller sized companies, it may be appropriate [...]

Compliance as a marketing campaign As the Department of Justice and the Securities Exchange Commission increase the number of investigations, corporations ask, “What can we do to prevent corruption?”  The solution is… Create a Culture of Compliance to positively influence your employees. International laws such as the FCPA and the UK Bribery Act require companies to establish a compliance program and demonstrate efforts to prevent corruption.  Does this mean every employee must attend a compliance course? Yes, however, it means [...]