New 9-Page Letter Guidance From The US DoJ On FCPA Enhanced Enforcement, Self-Reporting And Cooperation

The following is a link to a new 9-page letter from the US Department of Justice providing guidance about enhanced Foreign Corrupt Practices Act enforcement, self-reporting, and the actions that are necessary for individuals and businesses to obtain cooperation status. The letter is only 9-pages – in this post I’m not going to summarize the letter because you can (and should) read the letter in about the same amount of time. Audit committee members need to read and understand this letter, and then be sure that the company has proper policies and procedures in place.

Here is the letter, April 5, 2016, US Dept. of Justice New FCPA Enforcement Plan and Guidance, and https://www.justice.gov/opa/file/838386/download.

Enjoy. Dave Tate, Esq. (San Francisco/California), and see also Tate’s Excellent Audit Committee Guide at Tate’s Excellent Audit Committee Guide 01032016 with Appendix A Final

Who Acts For The Board Of Directors On Arranging D&O Coverage – A Disturbing Discussion

The following is a link to a short, disturbing video discussion about D&O insurance coverage, who arranges that coverage, and the director’s input into that process and purchase. If this is the typical after-the-fact scenario . . . CLICK HERE FOR THE VIDEO DISCUSSION AND THEN CLICK ON THE VIDEO START BUTTON

Who speaks for the board on D&O coverage

New Governance Guidance Stretches Thinking on Ethics, Risk, and More

​The King IV draft code has much to say about governance, risk management, compliance, and assurance. Click on the following link for the discussion by Norman Marks and see my comments below: iaonline.theiia.org

This article by Norman Marks discusses parts of the new King IV code that concentrate on culture, ethics and risk. It’s interesting for thought with respect to your own organization. It is and has been long well-known that all three corporate areas, culture, ethics and risk management, are instrumental to business performance and legal compliance.

And although these areas are discussed, and significant strides have been made in or discussed about risk management during the past couple of years, there still are no universally recognized standards or criteria to evaluate or audit how the business is doing in these areas.

I have long been surprised that the auditing professions, external and internal, have not jumped on these areas and also governance.

See also Tate’s Excellent Audit Committee Guide at CLICK HERE

Best, Dave Tate, Esq. (San Francisco and California), http://auditcommitteeupdate.com, http://californiaestatetrust.com, http://tateattorney.com

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