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FCPA Blog Daily News

Entries in Due Diligence (138)

Monday
Jul092018

Vera Cherepanova: AI doesn't solve ethical dilemmas, it exposes them

Artificial intelligence and machine learning technologies are expected to bring massive operational efficiencies to compliance and ethics program management tasks. But what exactly is behind these buzzwords?

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Tuesday
Jun192018

Due diligence on the oligarchs: Predicting OFAC’s next move

Oleg DeripaskaWith the proliferation of OFAC designations of Russian businesspeople, trying to predict whether or not someone will be designated as a Specially Designated National (SDN) has become an important part of third party due diligence on Russian business partners. 

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Wednesday
Jun062018

Illya Antonenko: Does Sapin II allow due diligence under the GDPR?

On May 24, I wrote a post for the FCPA Blog about TRACE's concerns that Article 10 of the new EU General Data Protection Regulation (GDPR) presents an obstacle to anti-bribery due diligence of third parties, and how we have advocated for an EU-wide, or at least a national-level, solution.

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Friday
May182018

Alexandra Wrage on Panasonic: Bad actors rarely work alone

At every FCPA conference, someone comments that over 90 percent of FCPA matters involve third party intermediaries. It’s an interesting statistic and can be useful if it helps motivate the team to take due diligence seriously and encourages management to fund the program.

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Wednesday
May162018

Lindsay Columbo: How do we reconcile UBO due diligence and GDPR obligations?

In less than two weeks the new General Data Protection Regulations (GDPR) will be in full force. Most companies subject to the GDPR have prioritized efforts to implement necessary internal safeguard measures, procedures and required contractual provisions.

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Wednesday
May092018

Spinelli and Pilosio: Why is the construction industry so vulnerable to corruption?

Construction firms have been at the center of many enforcement actions under the Foreign Corrupt Practices Act, including some of the biggest FCPA cases ever. Why is the construction industry so vulnerable, and how can companies protect themselves and their employees?

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Tuesday
May012018

Lindsay Columbo: What fuzzy logic can (and can't) do for due diligence

In 2015 OFAC penalized the National Bank of Pakistan for apparent violations of U.S. sanctions programs resulting from a software failure. According to OFAC, the bank’s New York branch processed wire transfers after its sanction screening tool failed to detect the name of the account -- LC Air company Kyrgyztransavia -- as belonging to Kyrgyz Trans Avia, a blocked entity.

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Wednesday
Apr182018

Pia Vining on due diligence: Automation is useful but human judgment is indispensable

Brad Gates (“Is third party due diligence a commodity?”) and Scott Shaffer (“Due diligence will always be a human skill”) make interesting points and both are right.  While automation can be useful, human judgment is indispensable. 

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Friday
Apr132018

John Arvanitis: Complying with FinCEN's new customer due diligence rules

Kroll's John ArvanitisOn May 11, FinCEN's Final Rule regarding customer due diligence will be in force. That means covered financial institutions will have to make sure their due diligence programs are in line with FinCEN’s guidance on core elements of a customer due diligence program.

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Monday
Apr092018

Spinelli and Murtha: FCPA due diligence in healthcare M&A

At a conference recently, Sandra Moser, the acting Chief of the Fraud Section of the Department of Justice (DOJ) announced that the prosecutors from the agencies' Foreign Corrupt Practices Act (FCPA) Unit would be collaborating with the Corporate Strike Force of DOJ's Health Care Fraud Unit to investigate healthcare corruption here in the United States and abroad.

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Monday
Dec112017

UK Regulator: Smart machines alone can't defeat money laundering

Rob Gruppetta, Head of the Financial Crime Dept. at the FCAArtificial intelligence will always be a "work in progress" in fighting money laundering and won't entirely replace humans and their intuition, a top UK regulator said.

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Monday
Dec112017

Jerry Hansen: What about due diligence for domestic M&A?

Anti-bribery and corruption due diligence should be conducted on cross-border transactions. The prospect of successor liability alone makes performing such due diligence a requirement for corporate acquirers answering to boards and shareholders, and private equity funds answering to investors.

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