All Compliance Week articles in Web Issue – Page 704
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Blog
A Closer Look at the SEC's Financial Reporting Cases in FY 2014
As I have previously discussed here in detail, the SEC announced in 2013 that it would be greatly sharpening its focus on accounting fraud cases. Among other things, the agency established a Financial Reporting and Audit Task Force in July 2013 staffed with lawyers and accountants specifically focused on generating ...
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SEC Warns on Foreign Business vs. Joint Venture
Be careful what you call a “foreign business.” The Securities and Exchange Commission says it is seeing too many instances of companies trying to call their joint ventures “foreign businesses” for financial reporting purposes. Perhaps that’s because the reporting requirements might be easier to meet. See inside.
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Blog
Engineering Firm Nicked $3.4M on FCPA
Engineering and construction firm PBSJ has agreed to pay $3.4 million in financial remedies to the SEC for violations of the Foreign Corrupt Practices Act by offering and authorizing bribes and employment to foreign officials to secure Qatari government contracts. Details inside.
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Blog
New Chair Named to Attorney General’s Advisory Committee
Attorney General Eric Holder today appointed U.S. Attorney John Walsh for the District of Colorado as chair of the Attorney General’s Advisory Committee of U.S. Attorneys, and U.S. Attorney Richard Hartunian for the Northern District of New York to serve as vice chair. Both appointments are effective immediately. Details ...
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FASB Wants Comment on Financial Instruments
Image: FASB wants public comment on one final aspect of its standard for financial instrument classification and measurement, focused on how entities should disclose hybrid financial instruments containing embedded derivatives that are separately recognized. FASB plans to get a proposal out soon so the comment period can be wrapped up ...
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Article
Why Wait for SEC? The DIY Disclosure Review
While companies await results of the SEC’s ongoing review of its disclosure regime (hint: do not hold breath), they can just as well try the same at home. Creating a disclosure committee, cutting redundancy in 10-K risk factors and MD&A sections, spotlighting material information, and using charts and graphs are ...
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Article
Meeting the World Bank in Enforcement Actions
When the Justice Department settled corruption charges against Alstom SA in December, it did not require a compliance monitor—because Alstom already had one, appointed by the World Bank. How does the bank’s integrity office work? What risks do you have? Lots. “You can be a perfect company today, but if ...
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Article
FCA’s Reach, Power Only Get Bigger
Image: 2014 was a banner year for enforcement of the False Claims Act, with more civil fines and damages than ever before—but the penalty amounts aren’t what should alarm companies; the growing list of industries in the government’s crosshairs is. “Virtually any industry that does business with the federal government ...
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Poll Finds Uncertainty on COSO, Revenue Recognition
Up to one-third of companies may not be implementing the new COSO framework for their 2014 financial reporting, and one-fourth don’t know when they will implement the framework.
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Blog
Citigroup Compliance Update Posted
Six months following Citigroup’s $7 billion settlement with the government to resolve a federal investigation into the sale of subprime mortgages, the bank’s compliance monitor has published his first report on progress made. The report details Citi’s efforts on outreach requirements, tax reporting requirements, and consumer relief credit to date. ...
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Blog
U.K. Regulator Places Corporate Culture at Heart of Compliance
Image: Title: BischoffWith the recent release of an annual report detailing compliance gains, the head of Britain’s Financial Reporting Council called on boards to tackle the complex issue of corporate culture to ensure ethical corporate behavior. FRC Chairman Sir Winfried Bischoff said his agency this year will delve into how ...
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Article
FTC, FDA Take Closer Look at Disclosures
The Federal Trade Commission is cracking down on companies with questionable advertising disclosures. The Food and Drug Administration, meanwhile, may allow shorter lists of side effects in drug and medical device ads, even as it prepares tougher standards for how these companies use online advertising and social media. The focus ...
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Blog
S&P to Pay $77 Million for Ratings Misconduct
Standards & Poor’s Ratings Services has agreed to pay $58 million to the SEC, $12 million to the New York Attorney General’s Office, and $7 million to the Massachusetts Attorney General’s Office to settle a series of federal securities law violations involving fraudulent misconduct in its ratings of certain commercial ...
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Blog
Survey: Cyber-Threats a Growing Concern for European Risk Managers
Image: Title: HirsWhile traditional risks due to business interruption and the supply chain remain risk managers’ top concern, cyber-risks are moving up the list, particularly in some European countries. Allianz SE’s Risk Barometer 2015 showed cyber-risks cracked the top five concerns globally for the first time, up from 8th last ...
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Article
Assessing Your Digital Marketing Risk
Internal auditors with not enough to do, cheer up: Digital marketing risk is emerging as a new headache to keep you busy. Data theft and fraud are rampant, and ways to find and seal up those weaknesses aren’t entirely clear. “It’s a newer area,” says Bill Michalisin of the Institute ...
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Applying the Three Lines of Defense Model
Compliance Week columnist Jose Tabuena continues his look at the Three Lines of Defense model this month by examining how a company can parcel out all its oversight functions across the three lines. Can compliance report to the risk-management function? (Yes.) Can internal audit and compliance be combined? (Only if ...
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Blog
OCC Names Chief Risk Officer
OCC, an equity derivatives clearing organization, has appointed John Grace as chief risk officer. He will be responsible for driving and implementing OCC's risk management strategy. Details inside.
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Blog
SEC Riding Lengthy Unbeaten Streak in Administrative Proceedings
As I observed here last week, there has been a recent flurry of cases filed by respondents in SEC administrative proceedings claiming that the SEC's use of these "APs" is unconstitutional for various reasons. Indeed, on Friday of last week, one such constitutional challenge was brought by a person who ...
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Blog
SEC Retreats on Proxy Access No-Action Letters
The SEC has reversed course on an earlier no-action letter that let Whole Foods thwart a shareholder proposal for greater proxy access, which essentially paves the way for many more such shareholder proposals to come this proxy season—including 75 filed by New York City’s pension fund. The SEC will now ...