I offer advice on how to address compliance and crisis from a perspective that works for business
I have been involved in reviewing compliance programs since 1988 and in designing them since 1993. The program I helped design for Las Vegas Sands Corp. was cited as significant remedial action in settlements of FCPA inquiries by the SEC,
Nevada Gaming Control Board (NGCB) and DOJ (along with the fact that Sands hired me as General Counsel). The anti-money laundering aspects of the program were similarly cited by the US Attorney in LA and the NGCB and that program praised by the Director of FinCen. For more than twenty years, programs I helped design have been called the "gold standard" by those with regulatory oversight for the businesses implementing them.
When lawsuits, government enforcers, regulators, and media converge on a corporate issue, a sound strategic plan can make all the difference. Having a consistent message and path to closure is a matter of bringing the right perspective. This has been an area of practice for me for more than 25 years. Examples include:
- When Congress and the media were engaged in constant criticism of the DOJ over its handling of BCCI, the Attorney General turned to me to secure the unprecedented $1.2 billion forfeiture against BCCI in court.
- In private practice, I went to court to win an unprecedented nationwide injunctive action that was cited with approval by California regulators in rejecting earlier media calls for imposition of a billion dollar fine against my client.
- As General Counsel, I helped design and oversaw the multi-faceted Sands' FCPA investigation/derivative matters/whistleblower/media strategy.
Strategic Advice on Major Litigation
As a courtroom lawyer, I learned how to win over judges and juries. As a litigator, I learned the importance of strategic litigation. As a general counsel, I learned the importance of protecting the brand. Reputations are won and lost over time through litigation. Having the right strategy can make the difference in the quickest manner possible.