Corruption Crime & Compliance

Is the DOJ really changing its playbook on FCPA enforcement, or is it business as usual under a new administration? In this episode, Michael digs into two headline developments that say a lot about where things are headed - the first FCPA declination under the Trump Administration and the first indictment. Both shed light on how DOJ is applying its policies in practice, what companies should expect, and why individuals are squarely in the crosshairs. Taken together, these cases remind listeners that while priorities may shift, the fundamentals of disclosure, cooperation, and accountability remain very much alive.You’ll hear him discuss:Why Liberty Mutual’s $4.7 million disgorgement shows DOJ is sticking closely to its Corporate Enforcement PolicyHow voluntary disclosure and cooperation continue to all but guarantee a declinationThe details behind Liberty Mutual’s misconduct in India and the factors DOJ weighed in its decisionWhat the Pemex indictment tells us about DOJ’s push to hold individuals accountableThe role of disgorgement in DOJ resolutions and whether the policy might be applied with more flexibility going forwardHow luxury goods and personal perks were used in the Pemex scheme and why DOJ zeroed in on those detailsWhat these developments signal for companies trying to strengthen compliance programs in a shifting enforcement landscapeResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

AI offers great promise but comes with significant risks for businesses. The rush to adopt AI might overlook essential governance and compliance frameworks. Companies must start with clear use cases to balance benefits against legal risks. Navigating the complex global regulatory landscape, especially in sectors like healthcare and finance, adds further challenges. Effective AI governance requires strong oversight, proper training, and an emphasis on accountability to prevent discrimination and misinformation.

What happens when a company tries to outsmart the system - and gets caught red-handed by the DOJ in a $140 million export control scheme tied to Chinese military supercomputers?In this episode, Michael dives into the DOJ’s criminal enforcement action against Cadence Design Systems - a case that marks yet another major step in the DOJ’s rapidly unfolding trade enforcement strategy. We’re no longer in the FCPA era. This is a whole new ballgame, where national security and trade compliance have collided, and companies that haven’t adjusted are already behind.You’ll hear him discuss:Why Cadence’s plea deal - not a DPA or NPA - is such a big dealHow the DOJ and BIS coordinated to secure over $140 million in criminal and civil penaltiesThe simple, sloppy scheme that involved fake names, hidden aliases, and blatant attempts to skirt export controlsWhy partial cooperation didn’t earn Cadence a full credit reduction - and what they failed to doThe shocking compliance gap: only one export control officer handling global riskWhat this case signals about the DOJ’s growing focus on national security and semiconductor enforcementWhy ethics, due diligence, and transaction monitoring are still your best defenseHow companies can avoid getting blindsided by embracing the new trade enforcement landscapeResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

Is your internal reporting program keeping up or falling behind the curve? With over 2.15 million reports analyzed from nearly 70 million employees worldwide, NAVEX's 2025 Regional Whistleblowing & Incident Management Benchmark Report offers a goldmine of insight into how companies are (and aren’t) managing employee concerns. In this episode, Michael Volkov breaks down the key findings, regional trends, and what they really mean for compliance officers trying to build a stronger speak-up culture. NAVEX dominates the hotline market, and its annual benchmark report gives compliance professionals an unparalleled look at reporting behaviors across the globe. From rising retaliation concerns to surprising substantiation rates, the numbers speak volumes.You’ll hear him discuss:Why Europe’s sharp spike in reporting rates is likely tied to the EU Whistleblower DirectiveHow North American companies resolve reports faster and what that says about handling HR-driven complaintsWhy anonymous reporting is much higher in APAC, Europe, and South America and what it might reveal about employee trustHow retaliation claims are being substantiated at drastically different rates depending on geography and legal frameworksWhat’s behind the higher substantiation rates at privately owned companies compared to public onesHow reporting channel preferences are shifting and why phone-based hotlines may be on the way outWhat “time to report” stats reveal about fear, hesitation, and the need for cultural change in the workplaceResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

A whistleblower complaint can spark a federal investigation against a company, particularly regarding imports. The Trump Administration is reshaping how trade compliance intertwines with the False Claims Act, heightening risks for firms involved in international trade. With high-profile settlements for customs fraud on the rise, the stakes have never been higher. A recent Ninth Circuit ruling further empowers the DOJ to pursue these cases aggressively. Companies are urged to assess their trade compliance programs to navigate this evolving legal landscape.

What happens when companies ignore red flags and bypass legal advice? Explore major enforcement actions against Alpha and Omega Semiconductor, facing hefty penalties for unauthorized shipments and willful violation oversight. Discover how Key Holding's acquisition of a foreign subsidiary led to sanctions violations and U.S. jurisdiction issues. These cases underline the importance of robust compliance measures and awareness of export regulations, revealing the serious consequences of non-compliance in an increasingly complex landscape.

Could your supply chain be funding cartels without you realizing it? In today’s complex global economy, companies are grappling with a dual challenge - the urgent need to unravel their supply chains and the immediate recalibration of due diligence systems to detect links to cartel and transnational criminal organizations (TCOs). With the Department of Justice sharpening its focus on both direct prosecutions and financial facilitators, global companies must prepare for heightened scrutiny. Michael breaks down the mounting risks, enforcement priorities, and practical steps companies must take to protect themselves from becoming unwitting participants in criminal operations.You’ll hear him discuss:How DOJ’s new two-pronged enforcement strategy is bringing corporate facilitators of cartels and TCOs into the crosshairsWhy traditional due diligence no longer goes far enough, especially with "Nth Party" risks buried deep in supply chainsHow cartels and TCOs exploit legitimate businesses in sectors like logistics, agriculture, mining, and constructionThe importance of identifying beneficial ownership and tracing complex corporate structures across jurisdictionsRed flags to watch for, from nominee arrangements and shell companies to unexplained wealth and layered financial flowsHow cartels are adapting with fake websites, fake bios, and cryptocurrency to mask illicit activitiesWhat companies must do to modernize their compliance systems with open-source tools and workflow automationWhy trade-based money laundering, remittance services, and decentralized platforms are growing areas of concernResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

What happens when a company inherits a sanctions violation through acquisition, and acts fast to fix it? Can a robust post-acquisition response really save a parent company from prosecution? In this episode, Michael Volkov unpacks the fascinating DOJ-led global enforcement action against UNICAT Catalyst Technologies - a case that reflects the U.S. government's intensifying focus on trade enforcement across sanctions, export controls, and customs. This resolution marks the first declination under DOJ’s National Security Division M&A policy, showcasing the power of voluntary disclosure, cooperation, and remediation in today’s enforcement environment.You’ll hear him discuss:How DOJ, OFAC, BIS, and CBP coordinated parallel resolutions against UNICATThe $3.3 million forfeiture and additional penalties tied to underpaid duties and unlawful exportsWhy DOJ declined prosecution of UNICAT’s parent company, White Deer, under its M&A policyThe former CEO’s role in orchestrating 23 unlawful sales to Iran, Venezuela, and CubaThe importance of identifying willful intent in sanctions violations — and when DOJ disclosure is requiredThe risks of failed pre-acquisition due diligence and the value of strong post-acquisition integrationHow concealment tactics like falsified invoices and coded emails were used to hide dealings with sanctioned entitiesKey lessons for global companies navigating the new era of trade compliance and enforcementResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

Are your trade compliance programs truly airtight - or are they just good enough to get caught? In this episode, Michael breaks down why tariff and trade violations are now squarely on DOJ’s radar, and why the heat is rising fast for importers, especially those dealing with Chinese goods. With enforcement priorities shifting, companies are at increased risk of both regulatory investigations and full-blown criminal prosecutions. This episode is a wake-up call for compliance professionals and legal teams - if you think tariff enforcement is still a civil issue, think again.You’ll hear him discuss:Why Customs and Border Patrol and Homeland Security Investigations are stepping up referrals and actionsHow companies try to gain a competitive advantage by evading tariffs - and why it’s an “inevitable result” regulators are watching closelyThe most common tariff evasion schemes, including misclassification under HTS codes, transshipment, undervaluation, and false certification of originWhy importing from China under Section 301 is now considered a high-risk activityThe specific risks surrounding steel and aluminum imports under Section 232 tariffsExamples of recent DOJ cases, including plywood, flooring, and mosaic tile fraud, and what they signal for future enforcementHow AI and data analytics are being used by investigators to spot anomalies and build casesThe difference between Section 301 and 232 tariffs - and how they reflect different policy objectivesHow rising tariffs and fewer exclusions under the Trump administration are reshaping the trade compliance landscapeThe statutes DOJ is using for criminal charges, including 18 U.S.C. §§ 371, 545, and 1341ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

The podcast dives into the DOJ's renewed focus on FCPA enforcement, raising questions about how this might affect global businesses. There’s a shift towards prosecuting individuals rather than just corporations, which could change liability dynamics. With U.S. Attorneys gaining more autonomy, enforcement could become broader and faster. The conversation also covers how this renewed emphasis prioritizes cases linked to national interests and transnational crime, adding layers to the compliance landscape.