All Enforcement articles – Page 6
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Blog
EU’s Apple, Amazon, Fiat and Starbucks Tax Inquiry Postponed
Image: The European Commission has placed Amazon, Starbucks, Fiat Finance and Trade, and Apple’s tax probe on hold amid concerns about obtaining information relating to these cases, said European Competition Commissioner Margrethe Vestager in a testimony before the European Parliament. While Vestager did not give a new deadline for the ...
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Cleaning Up FCPA Cases That Spill Into Litigation
Image: Companies under investigation for possible violations of the FCPA have more than enforcement action to worry about; they must be prepared to fend off shareholder lawsuits as well. That requires some careful strategy about how to investigate FCPA allegations and document them. “I can’t tell you how often I ...
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U.K. Regulator Slaps Major Banks With Hefty Fines
The Financial Conduct Authority has fined Bank of New York Mellon £126 million for the lack of compliance monitoring during the financial crisis. In a separate case this week, the regulator also imposed a record fine on Clydesdale Bank for “serious failings in payment protection insurance complaint handling,” the FCA ...
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Blog
Still Reading Tea Leaves on FCPA Enforcement? Try Listening and Reading
Sometimes all the angst and analysis about FCPA enforcement need not happen; sometimes, voices in the enforcement community just tell us what’s coming. That has been the case lately, Compliance Week columnist Tom Fox writes this week, as the SEC’s recent settlement with KBR over confidentiality agreements proves. Inside, he ...
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A Bit More Transparency on Risks of Confidentiality Clauses
Image: The SEC is not the only government agency cracking down on “pre-taliation risk” in confidentiality agreements with employees; many others are turning their attention to the issue, too. “This is really a new focus for these agencies,” says Christopher Calsyn of the law firm Crowell Moring. Compliance officers may ...
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Monitoring Your Anti-Retaliation Program
Complaints of whistleblower retaliation are a persistent problem in Corporate America, and all the more irritating for companies that may believe they have solid anti-retaliation programs in place. Inside, we walk through the harder part of anti-retaliation efforts: not just creating the policy, but working with HR and line managers ...
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Blog
PCAOB Routs Nevada Firm Where Beckstead Landed
The PCAOB has thrown the book at a small Nevada audit firm for a long list of audit violations, including a suspension for Brad Beckstead, former partner with Beckstead and Watts. Beckstead challenged audit inspections and the existence of the PCAOB before the U.S. Supreme Court, which has created uncertainty ...
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Blog
Accounting-Related Class-Action Lawsuits Jump in 2014
Image: A Cornerstone Research report says securities class-action filings involving allegations of accounting improprieties jumped sharply from 47 in 2013 to 69 in 2014. Senior adviser Laura Simmons said Cornerstone expected the SEC’s increased focus on financial reporting issues might lead to an increase in class actions with these issues. ...
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Managing the Risky Business of Loyalty Programs
As the regulatory focus on data security expands, companies that offer customer loyalty programs should review them for red flags. How the data is stored, protected, and segmented is ripe for scrutiny, experts warn. Poorly designed loyalty programs could run afoul of antitrust laws, torpedo a merger, violate HIPAA, or ...
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Human Trafficking Compliance Arrives for Federal Contractors
Image: Starting this month, government contractors must ensure that their supply chain is free of human-trafficking activities. The thicket of new requirements isn’t too different conceptually from other compliance obligations, but the nuances of human-trafficking risk will pose some tricky policy challenges. Companies previously might not have thought much about ...
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Blog
Aguilar: SEC Must Extend Its Global Reach
SEC Commissioner Luis Aguilar, an outspoken proponent of stronger agency oversight, says the regulator must do more to extend its global reach. In a recent speech, Aguilar framed the SEC’s imperative simply: “As companies increasingly have foreign operations, the SEC will need to address how best to extend its supervisory ...
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Blog
Credit Suisse CEO Ousted After Tax Plea
Credit Suisse CEO Brady Dougan is stepping down after the bank pleaded guilty to criminal charges and violation of U.S tax laws, which resulted in $2.8 billion in fines by U.S regulators. The Swiss bank named Tidjane Thiam, Prudential’s current CEO, as Dougan’s successor. More inside.
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Blog
The Ups and Downs of FCPA Politics in Washington
Several events in Washington lately show just how well FCPA enforcement is—or more precisely, is not—understood there. This week, columnist Tom Fox turns his eye first to critics of the Justice Department’s new top FCPA prosecutor, and then to Texas Sen. Ted Cruz and his ham-handed efforts to politicize the ...
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Internal Controls, Audit Committees Primed for SEC Scrutiny
Every February SEC officials convene at the Practising Law Institute’s “SEC Speaks” conference, where commissioners can break news and staff can detail priorities for the New Year. The focus this year, from rulemaking to enforcement, was on financial reporting internal controls, and ways to improve audit committees. And, of course, ...
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Canada Gets Serious on Enforcement
Canadian securities regulators for the first time are proposing a whistleblower rewards program, modeled after the SEC’s program created by the Dodd-Frank Act. The proposed initiative is the latest move by Canadian authorities toward a U.S.-style enforcement regime—and in some instances an even harsher one. “Canadian enforcement is going to ...
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Blog
New Guidance on SEC Waivers, Exemptions in the Works
Companies seeking waivers that allow them to retain exemptive relief despite an enforcement action may soon get fresh guidance from the Securities and Exchange Commission on how that increasingly contentious process will work in the future. Speaking at a conference in Washington D.C., Elizabeth Murphy, an associate director for ...
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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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Blog
U.S. Sentencing Commission Rethinks Securities Fraud Punishments
The U.S. Sentencing Commission is considering changes to how securities-related crimes are punished, potentially imposing less jail time upon defendants in securities fraud cases. A proposal unveiled on Friday detailed a plan to rely on gains obtained by a defendant, rather than the traditional assessment of the losses suffered by ...
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More Cooperation, More Whistleblowing, More Prosecution
Image: Title: Berland2015 may be the year when overseas regulators hit their stride in prosecuting companies for misconduct, as tactics get more sophisticated and investigations come to fruition. In the United States, enforcement stemming from whistleblowers will be at full speed and pressure to cooperate with prosecutors will be high. ...
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Blog
Former Rite Aid VP Charged in Kickback Scheme
A former Rite Aid vice president, Timothy Foster of Oregon, has been charged in connection with a $14.6 million, surplus inventory sales/kickback scheme, according to the U.S. Attorney’s Office. As the company’s vice president for quality assurance, Foster’s took advantage of his oversight of surplus inventory liquidation to benefit himself ...