• Bribery,  Compliance,  FCPA

    FIFA Indictments and the Notion of Global Compliance

    In an article by Joel Schectman for the Wall Street Journal and its “Morning Risk Report,” Jack Sharman is interviewed about the idea of a global compliance regime in light of the recent indictments of FIFA officials: Jackson Sharman, a white collar specialist at Lightfoot, Franklin & White LLC, says that the case shows that the notion of a swelling, global compliance culture may be exaggerated. Attorneys and compliance professionals often make the mistake of believing their concerns about bribery are representative of the organizations where they work, he said. “It’s dangerous to assume that a legal regime is being internalized by everybody, because clearly it’s not,” Mr. Sharman said.…

  • Evidence,  FCPA,  Legal Education

    Breaking Bad, All the Time: White Collar Crime for Business Lawyers

      The Network of Trial Law Firms is an excellent CLE vehicle.  Here’s a Sharman White Collar Panel Video of a Network panel about white-collar issues for civil lawyers — me, Jackie Arango of Akerman Senterfit (Miami), Joel Neckers of Wheeler Trigg (Denver) and Gerry Leone of Noxon Peabody (Boston).  Here’s the blurb from the Network program: No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues — compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification — have…

  • Compliance,  Costs, Budgets and Fees,  FCPA

    Less Law Department Budget, More Growth, Unknown Compliance: What’s The Corporate Ethos?

    In an era of flat or barely budging general-counsel or risk-management budgets, the question of  Balancing Budgets and Growth, especially for a multinational company, can be brutal.  Creating a compliance structure that looks cool on paper (or digitally) is one thing; testing actual performance is another.  As in most areas that test human willfulness and weakness against human laws, only the overriding culture and ethos will save the day (or cause the day to fail).

  • Compliance,  FCPA

    Honor and the FCPA

    This is a compelling question: FCPA Professor on Trust in the Corporation Can a culture of trust — of honor — work better as a corporation’s FCPA defense than a labyrinth of rules?  This is not merely a “tone at the top” kind of question.  Rather, it requires a commonly-shared landscape of what is honorable conduct; a handful of commonly-shared principles of comportment; everyone’s understanding that this system works to the benefit of all; and a single-sanction intolerance for whatever wanders outside that ethical landscape. Even if the honor-culture is more effective than checking-off-the-boxes in your department’s compliance template, how does a company in an FCPA case defend the honor-culture…