Insights

March 2, 2023 | Compliance Institutional Integrity

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.

1. Formal Written Policies: A written and comprehensive child abuse prevention policy

January 24, 2023 | Compliance Immigration + Border Services

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

October 6, 2022 | Compliance Immigration + Border Services

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

June 30, 2022 | Compliance Monitoring Risk + Compliance

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

April 10, 2022 | Compliance National Security Risk + Compliance

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

February 28, 2022 | Compliance Uncategorized

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

November 16, 2021 | Institutional Integrity Risk + Compliance

The presidents and chancellors of the Association of American Universities (“AAU”), an organization composed of 66 research universities across the U.S., announced on October 26, 2021, that it adopted eight new principles to address sexual misconduct in all forms, including sexual and gender-based harassment and related retaliation.

In a strongly worded statement, the AAU and its member institutions declared that they are unanimously “dedicated to supporting an environment in which students, staff, and faculty can fully participate in the campus … Read More

June 14, 2021 | Compliance

With administration change comes policy change. As the Biden administration continues to implement its policies, we are seeing a changing view on sales of U.S. strategic goods to foreign entities.

Specifically, as reported by Reuters, the Biden administration will “…’reprioritize’ other factors including U.S. national security, human rights and nonproliferation….,” in addition to economic security with relation to exports of weapons and strategic goods. In addition, the administration will look more favorably at strategic goods exports that are defensive … Read More

December 14, 2020 | Compliance Risk + Compliance

Although regulators often seek to empower compliance officers within their institutions, a troubling question lingers as to whether regulators are undercutting this important message by simultaneously sending mixed or unrefined signals about when a Chief Compliance Officer should be held personally liable for the compliance failings of his or her firm. The director of the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations recently urged investment firms to empower Chief Compliance Officers (CCOs), saying, “The CCO is … Read More