Corruption Crime & Compliance

The Ukraine-Russia Sanctions program is a complex set of executives orders, statutes and regulations defining prohibited business transactions with Russian entities and individuals.  The sanctions program was instituted in 2014 in response to Russia's invasion of the Ukraine and annexation of Crimea.  In August 2017, Congress enacted statues and directed OFAC to implement additional regulations.  Congress acted in response to fears that the Trump Administration would relax the Russia Sanctions Program. In this episode, Michael Volkov reviews the Russian Sanctions Program and discusses some practical concerns and warnings for compliance professionals for business interactions with Russian entities and individuals.

The ISO 37001anti-bribery risk management system was issued in 2016.  The standard provides additional guidance on anti-bribery risk management systems and creates a certification process for organizations. Even after one year, there are still questions surrounding the value of ISO 37001 and its certification process. FNotwithstanding the uncertainty surrounding the value of a certification, ISO 3700 includes a number of interesting practices and innovations that may assist a compliance program.

Corruption, Crime & Compliance is pleased to welcome Tom Fox, the Compliance Evangelist, for an interesting interview on Tom's career, his vast compliance program and writing network, and his interesting perspectives on the compliance profession.

The Department of Justice's approach to criminal prosecution of corporations and individuals has evolved over the last 20 years.  Beginning with the traditional model of building criminal cases, brick-by-brick, by investigating and prosecuting individuals, traditionally used to dismantle organized crime and drug trafficking/gang organizations, the Justice Department has now embraced a new model of enlisting corporations to conduct internal investigations, usually with the assistance of outside counsel, and reporting back to the Justice Department on what occurred and who was involved in the criminal violations.  As part of this new strategy, the Justice Department has ignored its traditional role in prosecuting culpable individuals. Michael Volkov examines this new strategy and the reasons for its development in Podcast Episode 4 -- Too Big To Fail, Too Big To Jail -- The Justice Department's Outsourcing of Criminal Investigations and Prosecutions.

Recently, the Justice Department announced the arrest of John Baptiste as part of an ongoing investigation into corruption in Haiti.  The arrest warrant affidavit outlines an undercover investigation, including Title III wiretaps of John Baptiste’s cellphone. In this podcast, Michael Volkov reviews the investigation of Baptiste, culminating in the arrest of Baptiste on August 28, 2017. A copy of the arrest warrant affidavit is here.

With the increased focus on corporate culture, chief compliance officers have to educate the board and senior management on the inextricable link between an ethical culture and financial profitability. In this episode of Corruption, Crime & Compliance, Michael Volkov outlines the link between ethical culture and sustainable growth.  During the episode, Michael refers to two studies on the subject.  The studies are noted below with links to the studies. The Financial Performance of the World's Most Ethical Companies: Advantage in Times of Crisis -- Here Measuring the Return on Character -- Harvard Business Review: Here  

Michael Volkov is pleased to announce the first podcast of Corruption, Crime & Compliance.  In this episode, Michael reviews and predicts the Justice Department's enforcement priorities in the Trump Administration. Michael Volkov has over 30 years of experience in practicing law. Michael maintains a highly popular blog – Corruption, Crime & Compliance. Michael is a former federal prosecutor and veteran white-collar defense attorney.  He is an expert in compliance, internal investigations and enforcement matters. Mike was a federal prosecutor for over 25 years, and has extensive trial experience in federal court. He also served as chief crime and terrorism counsel for the Senate and House Judiciary Committees.