Recent Department of Justice (“DOJ” or “Department”) activity on bribery in Mexico and Latin America sends a warning and provides a roadmap to companies doing business there. By following the roadmap, companies may escape prosecution (or at least the imposition of a monitor) by enhancing their compliance programs. While there is no guarantee that either prosecution or a monitor can be avoided, compliance program improvements are well worth the effort. First let’s review key takeaways from DOJ enforcement activity and … Read More
September 27, 2023 | Immigration + Border Services
In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be in the crosshairs. Form I-9 audits and Immigration and Customs Enforcement (ICE) inspections have common associations with immigration risk. The Department of Justice (DOJ), particularly its Immigrant and Employee Rights (IER) component, is also aggressively scrutinizing U.S. companies’ hiring practices, which can lead to settlements, DOJ … Read More
Recent investigative reports have revealed the Department of Labor’s crackdown on organizations found to have minors working in high-risk industries that prohibit employing anyone under 18 years of age. In a number of these cases, the minors were also identified as being unauthorized to work in the U.S. The convergence of these issues amplifies the potential for severe legal consequences, financial liabilities, damage to reputation, and operational disruptions.
Recently, Immigration and Customs Enforcement, Homeland Security Investigations, rebranded their “Worksite Enforcement … Read More
The care and protection of children at any public, private, religious, or secular organization or institution that supports children or vulnerable adults should be, one of, if not their highest priority. Accordingly, these organizations and institutions must ensure that their child abuse protection policies and procedures are comprehensive and current. Here are 10 key elements to consider when determining whether your institution or organization is child abuse protection ready.
When companies intend to merge with or acquire another company, many risk factors must be evaluated prior to the transaction’s execution. However, immigration compliance risk is not always on the top of that list. And, that could be a potentially costly omission.
Immigration Compliance: Why It Matters:
Immigration compliance risk comes in two primary areas; 1) Work-related visa risk, and 2) I-9 compliance risk. While not all U.S.-based companies use work-related visas, they all must comply with the I-9 laws … Read More
As per an October 11, 2022 announcement, the U.S. Department of Homeland Security (DHS) and Immigration and Customs enforcement (ICE) has officially extended Form I-9 flexibilities, particularly for remote hire instances. Those relaxed procedures now expire on July 31, 2023. For employers, it is business as usual and no need to rush to get employees’ documents inspected in person at the beginning of November. The government does encourage employers to begin that process in good faith and with discretion.… Read More
Despite an industry uproar, the sky is NOT falling with the U.S. Department of Justice (“DoJ”) requirement that chief executive officers (“CEOs”) and chief compliance officers (“CCOs”) certify that their compliance programs are effective.
Instead, a warm productive sunlight will shine upon CCOs and companies. That’s because these CEO / CCO certifications – if done well with independent validation – will empower the CCO while holding the CEO, C-suite, and their business executives more accountable for their conduct and compliance.… Read More
June 23, 2022 | Financial Crime Consulting
When the tide goes out, as it appears to be doing now with the market down 20% percent from its highs in January, bad actors will be left exposed for everyone to see. Simply put, as the market drops those companies hiding behind lofty share prices and astronomical crypto values will be scrutinized to determine if financial fraud and white-collar crime was behind this activity.
The Department of Justice recently brought two significant, complex cases that illustrate this point when … Read More
With the Russian-Ukraine war’s ever-expanding sanctions landscape, the supply chain is even more complex than it already was, and enforcement risk is even higher given the broader array of U.S. federal and international agencies’ intent on strict compliance. It is increasingly necessary to regularly evaluate supply chain and trade operations to ensure companies are meeting their compliance expectations.
For one, sanctions compliance is more than payments filtering and screening. It is also about export controls and licensing, cryptocurrency, and other … Read More
How do you know if your sanctions compliance program (“SCP”) is really working? Can your firm really afford to find out the hard way – violations with major penalties, especially after regulators uncover your management did not sufficiently invest in the right people, processes, and/or technologies to filter, freeze, and report targeted assets?
As we witness the Russian military assault in (and tremendous courage of) Ukraine, and its citizens, the West is responding with major financial sanctions to freeze assets … Read More