Corporate compliance violations

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Originally published by the Journal of Commerce in May 2016

Only three (3) years ago, when Tom Winkowski was Acting Commissioner of Customs and Border Protection (“CBP”) and John Morton the Director of Immigration and Customs Enforcement (“ICE”), both of them acknowledged publicly how their respective agencies had lost such significant depths of knowledge and…

Originally published in the October 2014 Journal of Commerce on-line

When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must.…

Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case.  The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company.

By way of background, the case originated as a penalty action by Customs and…

On December 1, U.S. District Judge for the Central District of California Howard Matz vacated the Foreign Corrupt Practices Act (“FCPA”) convictions of Lindsey Manufacturing (“LMC”) and its executives Keith Lindsey and Steve Lee (collectively, “Lindsey Defendants”), citing numerous instances of misconduct by the prosecutors–prosecutors once so proud of the jury convictions of Lindsey, et…

Published originally by the Journal of Commerce in November 2011.

Proving yet again that shareholders are no longer willing to tolerate systemic shortcomings from those in charge of public companies, the Louisiana Municipal Police Employees Retirement System has filed a shareholders derivative lawsuit in the Southern District of New York[1] against the officers and…