- Chief Compliance Officer and VP of Legal Affairs, Arrow Electronics
By 
Jaclyn Jaeger2023-05-30T13:00:00
The Supreme Court struck yet another blow to the Department of Justice (DOJ) and its public corruption case efforts in two separate unanimous decisions handed down May 11.
In the first case, Percoco v. United States, the central issue addressed the scope of “honest services fraud.” The honest services theory typically holds public officials have a fiduciary duty to provide the “intangible right of honest services” in performing their elected or appointed service to the public. Thus, any scheme to deprive the public of that right—such as accepting a bribe or kickback—might result in the prosecution of honest services fraud.
In Percoco, the defendant was a private citizen with government connections. Joseph Percoco was a former top aide to then-New York Gov. Andrew Cuomo. Percoco had temporarily left his government position to assume a private role as Cuomo’s campaign manager.
THIS IS MEMBERS-ONLY CONTENT. To continue reading, choose one of the options below.
News and analysis for the well-informed compliance or audit exec. Select an option and click continue.
Annual Membership $499 Value offer
Full price one year membership with auto-renewal.
Membership $599
One-year only, no auto-renewal.
One of the ways the Department of Justice will assess a firm’s compliance program is by judging how accessible and visible a company’s data is to its compliance function, an agency official told attendees at Compliance Week’s 2023 National Conference.
A new report from the Committee of Sponsoring Organizations of the Treadway Commission offers a blueprint to organizations for establishing an overall fraud risk management program.
A critical examination of Ericsson’s 2019 deferred prosecution agreement and the Department of Justice’s determination the company breached the agreement raises questions regarding the overall lack of accountability in the corruption scheme.
Purported “testimonial and review” service Rytr agreed to stop selling its program that used artificial intelligence to create fake content as part of a consent order with the Federal Trade Commission.
Bank of America avoided a monetary penalty in agreeing to settle charges with the Treasury Department’s Office of the Comptroller of the Currency but was ordered to shore up previously disclosed deficiencies in its Bank Secrecy Act/anti-money laundering (BSA/AML) and sanctions compliance programs.
Aviation maintenance services provider AAR Corp. will pay nearly $56 million to settle charges that it violated the Foreign Corrupt Practices Act when it paid bribes to government officials in Nepal and South Africa.
