Corruption Crime & Compliance

Scott Greytak, the Director of Advocacy for Transparency International U.S., joins Josh Birenbaum, Deputy Director of FDD’s Center on Economic and Financial Power, to dive into the implications of the U.S. halting Foreign Corrupt Practices Act enforcement. Their conversation reveals how this pause has altered the anti-corruption landscape and why companies must remain committed to compliance. They also dissect the Corporate Transparency Act's changes and argue that transparency is vital for economic and national security—essentially a safeguard against global corruption threats.

What if your next import shipment becomes the centre of a federal enforcement action — not because of criminal intent, but because of a mistake? In today’s episode, Michael Volkov breaks down the expanding power and reach of U.S. Customs and Border Protection (CPB) and what it means for businesses navigating an increasingly aggressive trade enforcement landscape. With the Trump Administration’s re-defined objective of fair trade, companies across all sectors need to brace for scrutiny, adapt to evolving risks, and rethink their compliance strategies.You’ll hear him discuss:The Trump Administration’s focus on fair trade and why CPB has become a central enforcement agency under this new agendaHow CPB exercises its authority to impose regulatory penalties, seize goods, and refer serious cases for civil or criminal prosecutionThe legal standards that determine the severity of violations — fraud, gross negligence, or negligence — and how each carries different penalty thresholdsWhy the materiality of a false statement or omission is a key factor in determining whether a violation has occurredThe importance of voluntary disclosure and how it can significantly reduce potential penalties and protect company reputationThe step-by-step process of CPB administrative enforcement, including investigations, pre-penalty notices, appeals, and mitigation optionsThe expanding impact of the Enforce and Protect Act (EAPA), and how companies can be held accountable for evading anti-dumping and countervailing dutiesWhy businesses must now take a closer look at their import documentation, supply chain practices, and overall trade compliance postureResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

Are you running a compliance program that’s making a real impact—or just checking the boxes? In this episode, Michael Volkov dives into LRN’s 2025 Program Effectiveness Report, an annual benchmark that separates the truly impactful compliance programs from those that are merely operational. Based on insights from 1,500 global ethics and compliance professionals, this year’s report draws a clear line between high-impact and medium-impact programs—and what it takes to bridge the gap. The conversation highlights urgent risks, cultural disconnects, and the strategic value of automation, data, and leadership alignment in shaping tomorrow’s compliance functions.You’ll hear him discuss:How high-impact programs are defined by their strategic use of automation, data analytics, and benchmarking tools to drive measurable compliance outcomesWhy third-party risk management—including due diligence and supply chain oversight—is a defining trait of the most effective programs todayThe growing trust gap between Gen Z employees and middle managers, and why this generational shift poses a cultural red flagThe continued dominance of outdated internal systems, regulatory complexity, and budget pressure as top operational challenges facing compliance leadersHow high-impact programs are integrating AI into both their codes of conduct and employee training, preparing teams for emerging tech risksWhat medium-impact programs can do to evolve: focus on training, automation, and peer collaboration to elevate impact and resilienceResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

When The United States has hit pause on Foreign Corrupt Practices Act (FCPA) enforcement—it left many asking whether Europe will now be stepping up to lead the global anti-corruption charge. In this episode of Corruption, Crime and Compliance, Michael Volkov explores how European prosecutors are responding to the enforcement gap, why multinational companies can’t afford to slow down their compliance efforts, and how both state-level and international initiatives are reshaping the future of anti-bribery law.You’ll hear him talk about:The launch of a new International Anti-Corruption Prosecutorial Task Force formed by the UK, France, and Switzerland, designed to intensify cross-border enforcement and cooperation in bribery and corruption cases.The task force’s formation as a direct response to the U.S. enforcement pause, signaling that European agencies are prepared to take a more prominent role in prosecuting international corruption, especially involving multinational corporations.California’s bold move to pursue foreign bribery under its Unfair Competition Law (UCL), reinforcing that FCPA violations remain prosecutable at the state level despite federal hesitation.A continued commitment by global companies to maintain strong compliance programs, reflecting awareness that international and local enforcement can still pose serious legal and financial risks.The unexpected dismissal of the long-running FCPA case against Cognizant executives, contrasted with the DOJ's decision to move forward with prosecutions in other high-profile cases, suggesting a selective enforcement pattern under current policy shifts.A landmark case by the UK Serious Fraud Office (SFO), charging a company with failure to prevent bribery—a first for the SFO to bring such a case before a jury, potentially setting a new standard for corporate liability in the UK.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

The DOJ's new Data Security Program imposes strict regulations on data transfers, raising compliance stakes for businesses. It identifies key national security concerns, defining what constitutes a 'covered data transaction.' Companies must navigate restrictions related to sensitive data, including biometric and financial information. With a focus on countries of concern, the program highlights outright prohibitions on data brokerage. U.S. firms have a 90-day window to assess vendors and update compliance systems before the impending deadline. This is a crucial time for data management!

Explore the crucial world of sanctions compliance and the lessons learned from notable cases. A staggering settlement against British American Tobacco highlights the evolution of corporate prosecutions. Epsilon Electronics illustrates the dire responsibilities companies face with third-party distributors. ELF Cosmetics reminds us of the risks tied to sourcing materials from prohibited nations. This discussion reveals the growing scrutiny on multinational corporations and emphasizes the need for robust compliance programs to navigate the changing landscape.

In a rapidly changing risk landscape, compliance programs must evolve swiftly. The importance of corporate culture as a defense mechanism is emphasized, along with quick-turn risk assessments to identify emerging threats. The podcast delves into the complexities of sanctions, particularly regarding Russia and Ukraine, and discusses indirect exposure through third parties. It also highlights the growing enforcement of tariffs and export controls, urging companies to recalibrate their strategies to avoid penalties and ensure compliance.

This week we are pleased to bring you one of our most popular episodes of 2024. Please enjoy, and we will be back next week with more insights from the Corruption, Crime, and Compliance podcast.How can companies build trust and drive growth in a region as politically and economically volatile as Latin America? In this episode, Nicolas Garcia - Vice President, Legal, Regional and Compliance Manager for LATAM and Orica - joins Michael Volkov to discuss the complexities of navigating compliance and leadership in LATAM. The conversation highlights how regional dynamics, such as the crisis in Venezuela, influence business operations and how cultural shifts are changing the role of compliance officers. Nicolas provides valuable insights on the evolving compliance landscape, emphasizing the importance of trust, leadership, and a strong compliance culture in driving business success in challenging environments.Listen in as Nicolas and Mike discuss:The ongoing political and economic crisis in Venezuela has led to massive immigration into neighboring countries like Colombia, Chile, and Brazil, creating both economic challenges and opportunities in the region.Guyana is experiencing rapid growth due to foreign investment, particularly in the oil and gas sectors, standing in stark contrast to Venezuela’s decline.Nicholas emphasizes the shift from compliance officers being seen as enforcers to becoming strategic business partners. This transition helps companies not only meet regulatory requirements but also drive success.Establishing a trust-based relationship between compliance officers and leadership is essential. When compliance is integrated into the business strategy, it becomes a tool for enabling growth rather than a barrier.Trust in reporting systems is growing in Latin America, though fear of retaliation remains a concern. Anonymous reporting is on the rise, and substantiation rates are increasing as employees gain confidence in the system’s integrity.Ensuring that investigations follow due process is critical to maintaining credibility in compliance programs. It also helps improve trust and the success rate in legal outcomes.Resources:Nicolas Garcia on LinkedInNicolas Garcia on Email: Nicolas.Garcia@Orica.comMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

This week, we are pleased to bring you one of our most popular episodes of 2024. Please enjoy, and we will be back next week with more insights from the Corruption, Crime, and Compliance podcast.Carlos Villagrán is the Director of Compliance at CMPC, a 100-year-old Chilean-based holding company, one of the worldwide leading pulp, paper, packaging, personal care, and other forest products manufacturers. With more than 20,000 employees, CMPC has industrial operations in 9 countries (LatAm and the US) and commercial offices in the US, Europe, and China, selling and distributing its products to more than 45 countries around the world. Carlos joined CMPC to remediate and rebuild CMPC's culture and compliance program after a devastating scandal -- CMPC was prosecuted for its involvement in a decade-long conspiracy to fix prices in Peru and Chile for consumer paper products. Carlos discusses the challenges he faced in rebuilding CMPA's culture and commitment to compliance. His story is an inspiration to all legal and compliance professionals and provides important instructive lessons to corporate leaders and compliance professionals.You'll hear Michael and Carlos discuss:The importance of rebuilding and rediscovering the values and purpose of CMPC after a major corporate crisis.The effects on market share quotas and sales prices when CMPC faced an investigation and found to be the leader of a cartel in Chile and Peru.How the crisis significantly impacted CMPC's reputation, leading to public protests and consumer backlash in Chile and Peru.CMPC’s compliance team addressed the company’s complex nature because of its diverse workforce, including data analytics experts, IT professionals, and engineers.How the compliance program at CMPC shifted from a traditional approach to a more cultural and system-thinking perspective, aligning with the company's values and operations.Success for the compliance program at CMPC is defined by the number of critical tables the team is seated on, indicating their value and integration within the business operations.ResourcesCarlos Villagran on the Web | LinkedInEmail: carlos.villagran@cmpc.cl or cfvillagran@gmail.comMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

Dive into the dramatic developments surrounding the Boeing 737 MAX and a crucial plea agreement with the Department of Justice. Explore Boeing’s failures in compliance and certification that led to serious safety concerns. The impact on corporate ethics and accountability is highlighted, alongside reactions from victim families. Tune in for a fascinating analysis of the legal ramifications and what this means for the future of the aviation industry.