Author: Jonathan T. Marks, CPA, CFF, CFE

Board Advisor - Fraud, Ethics, Governance, Global Risk Management, Compliance, Internal Audit, & Anti-Corruption Strategist. Jonathan has 30 years of experience working closely with his clients, their board of directors, audit committees, senior management, internal audit, & law firm on fraud, misconduct, cyber (data breach) & global bribery/corruption (FCPA, UKBA) matters & when appropriate conducting an investigation (10A, cross-border, etc.), performing root cause analysis, developing remedial procedures, & designing or enhancing governance, global risk management, & compliance systems along with internal controls & policies & procedures to mitigate future potential issues. Marks has deep expertise in accounting (GAAP), auditing (GAAS/PCAOB) and SEC matters. He has worked with companies, their auditors, management, & regulators on highly-technical issues. He is also skilled at financial, operational, & regulatory compliance due diligence for mergers, acquisitions, joint ventures, transactions, & third party intermediaries or service providers. Mr. Marks has educated & advised some of the world’s largest companies in these & other areas, which include complex accounting, disclosure, internal control, fraud risk management, operational, & regulatory compliance, SEC reporting, registrations, & compliance with the Securities Act of 1933, the Exchange Act of 1934, the False Claims Act (FCA) the Racketeer Influenced & Corrupt Organizations Act (RICO), the Foreign Corrupt Practices Act (FCPA), the Sarbanes-Oxley Act (SOx), Dodd-Frank Wall Street Reform Act, and the United Kingdom’s Bribery Act (UKBA). Jonathan is a highly-regarded speaker, author, & thought leader in the GRC & fraud space. The views I express are mine and not that of any organization I am affiliated. I attempt to give attribution when appropriate. This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, tax, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference the contents of this Blog for any lawful purpose, provided attribution is made to the author.

Fraud: Department of Justice (DOJ) Announces Procurement Collusion Strike Force

On November 5th, the Department of Justice announced the formation of the new Procurement Collusion Strike Force (PCSF) “focusing on deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in government procurement, grant and program funding”.

The Strike Force is an inter-agency partnership comprised of prosecutors from the Antitrust Division, and prosecutors from thirteen (13) U.S. Attorneys’ Offices.  Aiding in the prosecutors’ efforts are investigation partners such as the Offices of Inspector Generals from the Department of Justice, Department of Defense, U.S. Postal Service, and General Services Administration Office. The Department of Justice’s announcement proclaimed that investigating and prosecuting those who “cheat, collude and seek to undermine the integrity of government procurement” will have more to concern themselves with when executing their crimes. Prosecutors and investigators alike expressed enthusiasm to be working as a part of this new team.

Reputation Risk Management Doesn’t Have a Start or End Date!

How can we protect our brand? What are we doing to protect our brand? Questions all board members should be constantly asking.  Reputational risks can damage the most well-crafted business strategies and is a growing challenge that companies around the world are still learning how to manage.

By definition, reputational risk refers to the potential for negative publicity, public perception, or uncontrollable events to adversely impact a company’s reputation, thereby affecting its revenue.

Board directors covet their company’s reputation because it’s their most valuable asset. A study by Deloitte and Forbes affirmed this conviction, but should not surprise anyone.  Senior-level executives also agreed that their company’s reputation presented the greatest risk to the company’s ability to achieve business strategies.

Compliance Thought Leaders You Should Be Following by Matt Kelly

Compiling a list of thought leaders in ethics and compliance is fun, but so challenging. There are simply too many thoughtful people in this field — which is itself enormous and wide-ranging — to call out everyone worth following. So below is a small slice of the thinkers in corporate ethics and compliance that I try to follow.
How should we define a thought leader, exactly? I define it literally. First, someone who thinks about corporate compliance issues, and puts those thoughts into words. Some bloggers and tweeters, for example, do a superb job passing along what happened, but not why or how it happened. 

Second, thought leaders lead. They raise questions about what should or could happen in ethics and compliance, even if practical obstacles today make achieving those goals difficult right now. Thought leaders provide context around the events of today to suggest what might be possible tomorrow.

Skepticism – A Key Tool in the Fight Against Fraud

What is wanted is not the will to believe, but the will to find out, which is the exact opposite.” – Bertrand Russell, “Skeptical Essays,” 1928 Questions about professional skepticism » Read More

Slush Funds and the Juniper Networks FCPA Settlement

Overview After what appears to be a 73 month investigation, as part of an internal administrative order, Juniper Networks, Inc. – NYSE: JNPR (“Juniper”, or “the Company”) » Read More

e-Book Compliance Program Game Plan

This e-book is intended as a guide for Chief Compliance Officers (CCOs) and those responsible for developing and implementing compliance policies and procedures for an organization. Compliance, when done properly » Read More