Corruption, Crime & Compliance

In this episode, cryptocurrency expert Matt Stankiewicz discusses why sanctions and AML compliance need to be taken seriously in the cryptocurrency industry. Matt Stankiewicz, a Partner at Volkov Law, is a leading industry expert on cryptocurrency. Bittrex, a leading cryptocurrency exchange, suffered twin enforcement actions for AML and Sanctions Compliance deficiencies. Matt takes a deep dive on the enforcement actions and outlines practical compliance steps that every cryptocurrency exchange should implement. Join us as we discuss: The enforcement action on Bittrex led by OFAC and FinCEN Why compliance risks are increasing in the cryptocurrency industry Practical steps that all cryptocurrency exchanges should implement To reach Matt email him at: mstankiewicz@volkovlaw.com

Financial institutions are rapidly moving their operations to the cloud. In response to this development, and the increasing risks of cyber breaches, legislators and regulators are gearing up to impose significant cybersecurity requirements. Carlo Massimo is a journalist who covers Cyber Security and International Tech Policy. Carlo was a former contributing editor at the Wilson Center's Quarterly, writes Citizen Techs information week monthly policy column, and contributes to the Dark readings profile as a Features Writer. In this episode, Carlo talks about the implications of financial institutions moving to the cloud, and the response by lawmakers and regulators to this significant trend. Join us as we discuss: Carlos's perspective on possible designation of financial institutions operating in the cloud as "critical infrastructure" Are global financial institutions ready for new cybersecurity regulations aimed at mitigating the risks of a data breach The perspective from both the United States and the European Union on this important issue Carlo’s article on Information Week: Legislators Gear Up to Regulate Cloud Resiliency

The Department of Justice and the Securities and Exchange Commission reached a $41 million settlement with GOL Linhas Aéreas Inteligentes S.A. ("GOL") to resolve criminal and civil foreign bribery charges. GOL entered into a three-year deferred prosecution agreement ("DPA") with DOJ in exchange for payment of a $17 million criminal penalty. DOJ credited $1.7 million of that penalty against a $3.4 million fine that GOL agreed to pay law enforcement authorities in Brazil to resolve charges in Brazil. In a separate resolution, GOL agreed to pay $24.5 million over two years to the SEC. The SEC's initial settlement calculation was for $70 million, but it was reduced to $24.5 million based on GOL's financial condition.In this Episode, Michael Volkov reviews the DOJ and SEC FCPA settlement actions.

As the leading hotline provider in the global market, NAVEX is in the unique position of collecting and analyzing employee reporting trends. Each year, NAVEX issues an important report on current trends in employee reporting, whistleblowers, internal investigations and potential retaliation. NAVEX's database consists of 1.37 million reports made in 2021 at organizations around the world. In this Episode, Michael Volkov reviews the key findings from the 2022 report.Here is a link to the report.

Chief compliance officers have access to a vast amount of data generated by their compliance programs. CCOs have to establish effective monitoring processes. A critical part of this process is to build a compliance program dashboard. This is a practical issue of real importance. In this Episode, Michael Volkov reviews this important issue.

LRN has released a new and informative report on Assessing Corporate Culture. LRN's report provides invaluable guidance and practical steps for corporate boards to lead in the management, oversight and monitoring of corporate culture. A link to the report is below, along with an earlier LRN report on Benchmarking Ethical Culture.In this Episode, Michael Volkov interviews Ty Francis, Chief Advisory Officer at LRN, concerning LRN's recent report on Assessing Corporate Culture.LRN Report Assessing Corporate Culture -- https://pages.lrn.com/-a-practical-guide-to-improving-board-oversight-tapestryLRN Report on Benchmarking Ethical Culture -- https://blog.lrn.com/introducing-the-benchmark-of-ethical-culture-report

I have been -- and continue to be-- hyper-focused on the proper role and responsibilities for Chief Compliance Officers. Not that I see any cause for alarm, but it is easy to lose focus in the sea of so-called hot issues -- ESG, Diversity, Climate Change, Threats to Democracy, Cybersecurity and Data Privacy, each of which is an important component and focus for organizations. All of these issues intersect, are interdependent and should be addressed through organizational commitment. But I want to take a step back and return to an issue of importance -- the proper role of CCOs. To do so, we need to remind everyone about basic requirements, lessons learned and ways forward to meet the fast-changing times. CCOs have to maintain and then advance their positions. In my view, given the interdependence of all of the important issues mentioned above, the role of the CCO has become even more critical. In this Episode, Michael Volkov reviews the standards applicable to the CCOs function in an effective compliance program.

In following the Justice Department and the Securities Exchange Commission FCPA enforcement actions, I am always reminded of the popular phrase — “reading the tea leaves.” (or “tasseography,” a fortune-telling method based on tea leave patterns in tea sediments). Despite a slow initial year in 2021, the Biden Administration’s stamp and push on FCPA enforcement is becoming clear. Keep in mind, DOJ and SEC officials have promised a new, tougher approach to FCPA enforcement. Change in government enforcement policies and results take time. However, no one expected the changes to take this long. In addition, the initial enforcement push has raised some interesting questions concerning the specific steps taken by enforcement officials.In looking at the most recent FCPA enforcement actions (i.e., Stericycle, Glencore, and Tenaris), there are significant new trends and some important issues.In this Episode, Michael Volkov reviews the important trends and issues surrounding FCPA Enforcement in 2022.

In a long-anticipated and major enforcement action, the Justice Department and the Commodities and Futures Exchange Commission resolved a sprawling investigation with Glencore International A.G. and Glencore Ltd, a Swiss-based commodity trading and mining company. Both companies entered guilty pleas for FCPA violations and a commodity price manipulation scheme. Glencore paid over $1.1 billion to resolve these two major investigations. The resolution in the U.S. was part of a coordinated set of criminal and civil resolutions involving the United States, the United Kingdom and Brazil.In this Episode, Michael Volkov reviews the settlement and the implications for future enforcement actions.

The Justice Department ended its FCPA enforcement drought by announcing its first corporate settlement in 2022. In a parallel action, the SEC announced its settlement with Stericycle for $28 million for FCPA violations. The SEC’s settlement was its second with a company for 2022 (the first was KT Corp.).Under the settlement, Stericycle resolved investigations being conducted by the Department of Justice, the Securities and Exchange Commission and Brazil. Stericycle agreed to enter into a three-year deferred prosecution agreement and pay more than $84 million. Stericycle will pay $52.5 million in criminal penalties, $28 million to the SEC in civil penalties and disgorgement, and approximately $9.3 million to Brazilian authorities. DOJ agreed credit up to one-third of the criminal penalty against fines the company pays to Brazil authorities.Significantly, the DPA requires Stericycle to obtain an independent compliance monitor for a two-year period and then submit a self-report for the rest of the DPA term. Stericycle is a global waste management company which is headquartered in Illinois. In its factual admission, Stericycle admitted a wide ranging scheme involving payment of bribes to foreign officials in Brazil, Mexico and Argentina. In total, Stericycle paid approximately $10.5 million in bribes to foreign officials in Brazil, Mexico and Argentina to secure business contracts from which Stericycle profited by at least $21.5 million.In this Episode, Michael Volkov reviews the Stericycle FCPA enforcement action.

OFAC recently announced a settlement with OFAC for $78,750 for violations of the Ukraine-Russia Sanctions Program. The enforcement action provides important reminders relating to compliance with various "deby" maturity restrictions and how OFAC construes this restriction.In this Episode, Michael Volkov reviews OFAC's enforcement action against S&P Global.

The Antitrust Division’s Assistant Attorney General Jonathan Kanter promised a new era in antitrust enforcement. He won bi-partisan support from both Republicans and Democrats. Across the antitrust field, he promised aggressive merger enforcement, civil enforcement against digital markets, and constraint of market power in numerous industries. AAG Kanter promised a new approach and he is delivering.In this Episode, Michael Volkov reviews two recent speeches and enforcement efforts by DOJ's Antitrust Division.