All articles by Jaclyn Jaeger – Page 105
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Blog
OECD Praises, Pans Israel Anti-Corruption Efforts
Israel still has a long way to go when it comes to combating the bribery of foreign public officials involving Israeli companies and individuals, according to the Organization for Economic Cooperation and Development. Out of 14 foreign bribery allegations, four are the subject of a formal investigation—three of which were ...
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Article
Anti-Corruption Reforms Push Forward in Mexico
Mexico has moved forward again on its quest to strengthen anti-corruption laws there, adopting reforms to clear the path for government authorities to uncover and prosecute acts of corruption committed by companies, individuals, and government officials. More legislative work is ahead, but so far Mexico’s laws might even surpass the ...
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Blog
SEC Charges 36 Firms for Fraudulent Muni-Bond Offerings
The SEC has brought enforcement actions against 36 municipal underwriting firms for violations in municipal bond offerings. The cases are the first to be brought against underwriters under the Municipalities Continuing Disclosure Cooperation Initiative, a voluntary self-reporting program targeting material misstatements and omissions in municipal bond offering documents. Details inside.
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Blog
SEC Charges CCO of SFX With Compliance Failures
The Securities and Exchange Commission last week brought fraud charges against the former president of SFX Financial Advisory Management Enterprises for stealing client funds. The firm and its chief compliance officer separately agreed to settle charges that they were responsible for related compliance failures and other violations. Details inside.
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Blog
Two More NPAs Reached Under Swiss Bank Program
The Department of Justice today announced that two more banks—Bank Linth (Bank Linth) and Bank Sparhafen Zurich AG (BSZ)—have reached a resolution under the Department’s Swiss Bank Program, which provides a means for Swiss banks to resolve potential criminal liabilities in the United States. Bank Linth will pay a $4.1 ...
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Blog
Poll Portends Big Changes in Executive Pay Disclosure
A recent poll by Towers Watson hints at big changes to come in disclosure of executive compensation, in the wake of the SEC’s proposed pay-for-performance rules. One-third of poll respondents said they expect to change their compensation disclosure significantly; 55 percent said they expect to provide additional information and analysis ...
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Blog
Eletrobras Investigating Possible FCPA Violations
Brazil’s state-run power company Eletrobras announced this week in a Form 6-K filing with the Securities and Exchange Commission that it has hired law firm Hogan Lovells to evaluate whether the company may have violated the Foreign Corrupt Practices Act, Brazil’s anti-corruption law, and Eletrobras’ Code of Ethics. Eletrobras said ...
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Blog
IAP Worldwide to Pay $7.1 Million in FCPA Case
Defense and government contracting company IAP Worldwide Services yesterday agreed to pay a $7.1 million penalty and entered into a non-prosecution agreement with the Department of Justice. The NPA requires IAP to “conduct a review of its existing internal controls, policies and procedures, and make any necessary modifications to ensure ...
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Blog
Report: Attributes of Effective E&C Programs
Companies with top-performing ethics and compliance programs conduct formal assessments of their programs at least annually compared to their lower-scoring peers. They also are more likely to use metrics—such as audits, employee survey results, Code of Conduct violations, hotline call metrics, and more—in setting business objectives, and they typically have ...
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Article
More Banks Tying Pay to Corporate Values
More financial institutions, facing pressure from regulators and investors, are starting to tie compensation practices to ethical behavior and appropriate risk-taking—although progress has been slow. “A consistent leadership culture is necessary in which corporate values, business strategy, and formal incentives support each other,” said Jürgen Fitschen, co-chair of the group ...
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Blog
PetroTiger Exonerated From FCPA Prosecution
First, it was Morgan Stanley in 2012. Now, for only the second time in the history of the Foreign Corrupt Practices Act (at least, that's been publicly reported), the Department of Justice has exonerated a company from FCPA prosection, despite guilty pleas by three of its top executives. The Justice ...
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Article
The Ever-Growing CD&A Disclosure Battles
Image: Proxy season may be winding down now, but expect a long summer of debate about disclosure of executive pay. This week Compliance Week offers a trio of articles about compensation, starting with all the new pressures on Compensation Discussion & Analysis. “There is still a bit of a push-pull, ...
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Blog
Société Générale to Pay $17.8 Million Under Swiss Bank Program
The Justice Department announced that two more banks—Société Générale Private Banking and Berner Kantonalbank—have reached a resolution under the Swiss Bank Program, which provides a means for Swiss banks to resolve potential criminal liabilities in the United States. Société Générale will pay a $17.8 million penalty, Berner Kantonalbank a $4.6 ...
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Blog
OCC: Cyber-Security Priorities for 2015
Comptroller of the Currency Thomas Curry last week provided an overview of the top cyber-security priorities that the Office of the Comptroller of the Currency will be focusing on for the remainder of 2015. These priorities include the release of a new cyber-security assessment tool that financial institutions can use ...
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Article
New ‘Blacklisting’ Rules Have Contractors in Uproar
Image: Uncle Sam is poised to impose sweeping new reporting obligations on government contractors to disclose labor law violations for the prior three years. Trade associations are spitting nails over the rules, but meanwhile, compliance officers have yet another reporting risk that needs process and attention. “You don’t want a ...
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Article
Demystifying the Risks of Board-Level Risk Committees
Image: In the wake of the financial crisis, many large financial institutions created new, board-level risk committees to oversee their most critical risk issues. For other industries, the decision to create a risk committee isn’t so simple—and isn’t without some risk-taking itself. “You have to guard against the risk that ...
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Blog
Lumber Liquidators Chief Compliance Officer (Quietly) Departs
Ray Cotton, chief compliance officer of Lumber Liquidators, apparently left the company in May, according to his LinkedIn page. The embatteld hardwood flooring company currently is under investigation by numerous state and federal agencies and is facing more than 100 class-action lawsuits after a 60 minutes report accused the company ...
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Blog
FinCEN Fines Tinian Dynasty Hotel & Casino $75 Mill on AML
The Financial Crimes Enforcement Network this week fined Tinian Dynasty Hotel & Casino, $75 million for “willful and egregious” violations of the Bank Secrecy Act. According to FinCEN, Tinian Dynasty failed to develop and implement policies and procedures designed to ensure anti-money laundering compliance, or to detect suspicious transactions. Details ...
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Blog
Report: Non-U.S. Bribery Actions Doubled Since 2012
A new report released by anti-bribery group TRACE International shows that while the United States still sets the pace for cracking down on bribery, non-U.S. enforcement actions have more than doubled since 2012, and in 2014 total non-U.S. enforcement actions concerning bribery of foreign officials outnumbered U.S. enforcement actions. Details ...
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Article
Lessons From the BHP Billiton Case
Image: If compliance officers needed another reminder that the FCPA’s books-and-records provisions are still a dangerous trap for global businesses, look no further than the SEC’s recent $25 million fine against BHP Billiton. Observers say it offers valuable lessons in the SEC’s expansive interpretation of the law. “A check-the-box compliance ...