In 2006, Germany-based Siemens was ranked 22nd on the Global Fortune 500 with revenues of $100 billion. It was a global leader and one of the world’s most admired companies. Until November 16, 2006 when the Munich Police Department raided Siemens corporate offices and several subsidiaries based on whistleblower allegations of bribery and misuse of funds. This Munich Police Department investigation triggered a global corruption investigation which revealed that Siemens had methodically violated U.S., German and other global anti-bribery laws for decades. When the settlement of the case was announced in 2008, law enforcement didn’t pull any punches.  Yet what is equally remarkable is that a company that used corruption strategically and methodically to achieve its business objectives for decades remade itself in the wake of the corruption scandal to emerge as a model of corporate reform and business ethics.  

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In this episode, we’re going to talk about the inter-relationship between major investigations and crisis communications. So much of crisis management planning and crisis communications is about thinking through various scenarios that could play out and then formulating a game plan for each.  

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Part 2 of this Fraud Eats Strategy series, Scott Moritz continues the conversation on the Anti-Money Laundering Act of 2020 (AMLA 2020) with Matt Biben, Partner of Gibson Dunn.

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In this episode, we’re going to discuss the Anti-Money Laundering Act of 2020 (AMLA 2020). This is the most comprehensive set of reforms to U.S. anti-money laundering (“AML”) laws since the passage of the USA PATRIOT Act in 2001. While there is a lot to the Act, there are some important changes and enhancements that should have an immediate and long-lasting impact on anti-money laundering. 

For more information visit: https://fraudeatsstrategy.com/

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Cybersecurity is at the top of most organizations’ list of critical risks and is often cited by C-suite executives and Board Members as their gravest concern. Threats that are this complex and amorphous require strong partnerships including the inside of the organization. At first glance, cybersecurity and internal audit would seem to have very little in common or little need to interact with one another. Indeed, that is probably still the case in many organizations. Our guests today however have taken a different approach.  

For more information visit: https://fraudeatsstrategy.com/

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In this episode, we discuss trade-based money laundering. According to the intergovernmental money laundering and terrorist financing watchdog the Financial Action Task Force (FATF), there are three primary methods that transnational criminal and terrorist organizations utilize to launder the proceeds of illicit activity and use illicit proceeds to finance terrorist operations. 1. Through the use of the financial system; 2. Physical movement of hard currency by use of couriers and smuggling techniques and; 3. Through the physical movement of commercial and consumer goods in international trade.

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The Carrasco case is a cross-border financial crime that is worth revisiting. Its lessons remain as relevant today as they were in 1998 when the fraud first erupted.

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Conducting investigations in certain parts of the world can be challenging because of the business practices, language barriers and cultural differences. In some of those countries, they are discouraged or even unlawful. When you overlay travel restrictions during a global health crisis, challenging doesn’t begin to describe it.  

In this episode, we discuss how global organizations are a microcosm of the countries and cultures in which they operate. Understanding the customs, languages, business practices and cultural norms is an essential part of conducting effective investigations when operating outside of the U.S. In many parts of the world, business practices and cultural norms tacitly endorse bribery, corruption, and other financial and property crimes. Companies are expected to operate within the law in each country in which they operate and to follow the standards and practices delineated in the organization’s code of conduct and corporate compliance program.  Compliance programs are expected to have certain program elements including mechanisms for confidential reporting of suspected wrongdoing and an efficient, reliable, and properly funded process for investigating the allegation and documenting the company’s response, including any disciplinary or remediation measures taken.

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Most financial services companies above a certain size have one or more Financial Investigations Units (FIUs) and Special Investigations Units (SIUs) to investigate various threats against the institution and/or its customers. The missions vary from those that narrowly focus on risks such as card fraud and elder financial fraud, to those focused broadly on both insider and external threats against the institution and its customers. While BSA/AML and sanctions units command a great deal of regulatory attention, FIUs have the same SAR filing obligations as their AML and sanctions counterparts. 

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In this episode we look inside the United Nations and its various agencies. We assess the harsh reality of endemic corruption in how governments intersect with UN agencies. Given its unique mission, the nature of how it is funded and disbursed funds largely for things such as large-scale infrastructure building, healthcare, education and peace-keeping, and the fact that its employees and officers are foreign officials under the law, the UN represents a perfect storm of corruption risk. Scott Moritz speaks to Murphy & McGonigle law partner Robert “Bob” Appleton. Bob was Chief of the first ever UN Anti-Corruption Unit, the Procurement Fraud Task Force, which existed between 2006-2010, and was responsible in part for the focus of the FCPA by the Fraud Section at DOJ.

For more information visit: https://fraudeatsstrategy.com/

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