Compliance Stuff

In a prior edition we discussed the Business Case for having a Compliance and Ethics  (“C&E”) program.  Here we review the Legal Case.  The legal case for having an effective C&E program is often what causes companies to initiate C&E programs. The are several pieces to this. Legal requirements In certain risk areas and/or industries the C&E elements may be legally required. Where C&E elements are mandated, not having them can itself be a legal violation, with a range of penalties, including disruptive and expensive investigations, fines, and even prison. These requirements can be highly detailed, such as those seen in the finance sector dealing with risks like anti-money laundering.  There are also requirements related to specific risks that apply across all industries, such as required harassment training.  In the US, for example, this may be imposed at the state or municipal level.  Mandated programs can seem to those in government as...

In celebration of the recent release of the 6th Edition of the Government Contracts Compliance Handbook (authored by the Seyfarth Government Contracts Group), we’re sharing six essential questions and answers that every government contractor should be prepared to address regarding procurement fraud. This milestone edition dives into the complexities of compliance, criminal and civil penalties, and the administrative sanctions contractors may face. With procurement fraud risks continually evolving, these six questions provide a foundation for understanding major offense types and navigating the serious repercussions of non-compliance. Here’s what government contractors and their legal advisors need to know to stay compliant and protect their operations. 1.  What are the most common criminal procurement fraud offenses contractors should be aware of? Procurement fraud generally encompasses any deceptive conduct related to the procurement of goods or services by a government agency . C...