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[Replay] Review of the EU Whistleblowing Directive with Alex Cotoia and Daniela Melendez
This week, we bring you a replay of one of our most impactful podcasts from last year, featuring Alex Cotoia and Daniela Melendez. Listen in as we discuss the EU Whistleblower Directive of October 2019. We'll return next week with one of our regular updates.Directive 2019/1937 of the European Parliament and Council dated 23 October 2019 on the “protection of persons who report breaches of Union law” (the “Directive”) is currently being implemented by EU Member States. The directive has broad applicability to organizations operating in the EU internal market and applies to both public and private sector organizations alike. Whistleblowers are guaranteed legal protection to the extent: (1) they have reasonable grounds to believe that the information reported was true at the time of the report; and (2) the whistleblower reported either internally to the organization, externally to a competent authority, or publicly. Private sector organizations with 50 or more workers are legally required to establish channels and procedures for internal reporting of EU law breaches and conduct appropriate follow-up. In this episode, Mike Volkov is joined by Daniela Melendez and Alex Cotoia from the Volkov Law Group, who bring their expertise to the table as they delve into the EU Directive and its implementation by several member states. Listen to this discussion to understand and navigate the complexities of the EU Whistleblowing Directive.The EU Whistleblower Directive shifts the burden of proof on retaliatory actions to the person taking the detrimental action, requiring them to demonstrate it was not linked to reporting concerns.Global companies are taking a proactive stance by increasingly focusing on robust ethics and compliance programs. This strategic move is aimed at mitigating risks and promoting positive corporate citizenship in today's economy, where adherence to legal and ethical standards is paramount.France signed the EU Directive into law on March 21, 2022, outlining protocols for gathering and handling whistleblower reports, including a two-month deadline for imposing disciplinary sanctions.Germany enacted the EU Directive on May 12, 2023, allowing anonymous reports and setting a three-month investigation deadline after receiving the report.Spain addressed the EU Directive on February 2023 by covering additional topics like occupational health and safety breaches. The directive established a three-month deadline for investigations and allowed anonymous reports.Italy transposed the EU Directive on August 4, 2022, including administrative, financial, civil, and criminal offenses not covered by the Directive, with a 30-day deadline to conduct investigations upon receipt of reports.Companies are advised to make resources available to conduct investigations quickly due to the short timeframes set by various countries' whistleblower protection laws.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law GroupAlex Cotoia on LinkedIn Email: [email protected]Daniela Melendez on LinkedInEmail: [email protected]
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Ethics and Compliance Trends for 2025
Is your company prepared for the compliance storm ahead? With tariffs shaking global trade, aggressive sanctions enforcement, and new risks from AI, businesses must rethink their strategies. Can your compliance program keep up, or will it be left scrambling?In this episode of Corruption, Crime, and Compliance, Michael Volkov unpacks the rapidly shifting risk landscape facing businesses today. From trade compliance and supply chain disruptions to cybersecurity and government enforcement, he highlights the top legal and compliance challenges of the year and offers practical guidance on how companies can stay ahead. While the regulatory world is in flux, one thing remains certain—organizations that fail to adapt will face significant financial, legal, and reputational consequences.You'll hear him discuss:The evolving trade landscape, including tariff enforcement, import risks, and the potential economic fallout of aggressive trade policiesWhy supply chain mapping is no longer optional, with companies needing to identify vulnerabilities, alternative sourcing strategies, and compliance risks to avoid costly disruptionsHow businesses should approach the FCPA enforcement pause, what it signals about the government’s priorities, and why global companies remain committed to anti-corruption programsWhy compliance teams must elevate import control and export control programs, particularly as the US expands restrictions on advanced computing, AI, and semiconductor exportsHow transnational criminal organizations are infiltrating legitimate supply chains for money laundering, and what companies must do to strengthen their due diligence effortsThe importance of a strong compliance culture in a time of regulatory uncertainty—how companies can remain flexible, proactive, and aligned with their core values despite the shifting landscapeResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
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18:31
Updating Your Risk Priorities for the New Trump Administration
Are You Ready for the Next Wave of Corporate Risk? Corporate risks are shifting, and every board, C-suite, and compliance team must take a fresh look at their risk landscape. While some risks like cybersecurity, data privacy, and artificial intelligence remain high priorities, others—such as anti-corruption and antitrust enforcement—are evolving in unexpected ways. With regulatory changes and new enforcement priorities emerging, businesses must stay ahead of the curve to avoid costly missteps. In this episode of Corruption, Crime & Compliance, Michael Volkov unpacks the latest updates in FCPA enforcement, antitrust scrutiny, and trade compliance. With the DOJ shifting its focus, companies need to prepare for the new compliance reality.You'll Hear Him Discuss:Why companies must reassess their risk priorities in today’s unpredictable business environment, as corporate risks continue to shift in response to new regulatory and enforcement trends.The impact of the FCPA enforcement pause, what it really means for global businesses, and why companies cannot afford to dismantle their anti-corruption programs despite the temporary halt in enforcement.How the DOJ is shifting its focus toward prosecuting criminal cartels and transnational organizations, and what that means for businesses operating in high-risk regions or industries.The evolving landscape of antitrust enforcement, including key takeaways from Gail Slater’s confirmation hearing and how the administration’s new approach may impact high-tech competition cases.How businesses should prepare for heightened tariffs, trade compliance risks, and increased customs enforcement, particularly as the U.S. targets imports from China, Southeast Asia, Mexico, and Canada.Why workplace immigration enforcement is becoming a bigger concern, with the government ramping up workplace raids, audits, and compliance checks for companies employing immigrant workers.The growing scrutiny around government grants, the potential for fraud investigations, and how businesses receiving federal funds must ensure strict compliance with evolving regulatory requirements.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
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15:04
Trump Administration Hits Pause on FCPA Enforcement
What happens when an entire era of anti-corruption enforcement is put on pause? Is this a strategic move to bolster American businesses or a dangerous rollback of corporate accountability? In an unprecedented move, the Trump administration has hit the brakes on FCPA enforcement for at least 180 days, citing concerns over U.S. economic competitiveness and national security. In this episode of Corruption, Crime, and Compliance, Michael Volkov breaks down the implications of this game-changing executive order. The executive order claims that FCPA enforcement has been stretched beyond its original intent, harming American businesses while benefiting foreign competitors. With the Department of Justice now ordered to reassess its approach to anti-bribery enforcement, the business and legal communities are left wondering—what happens next? Will companies adjust their compliance strategies, or will global enforcement trends keep them in check?You'll hear him discuss:The Trump administration’s rationale for halting FCPA enforcement and why the decision was both surprising and expectedThe executive order’s directive to the Attorney General to reassess FCPA investigations and enforcement prioritiesThe shift in DOJ focus from corporate bribery cases to prosecuting cartels and transnational criminal organizationsThe potential impact on global anti-corruption efforts, as countries like the UK, France, and Brazil continue enforcing their own bribery lawsThe uncertainty surrounding DOJ’s forthcoming guidance and what companies should anticipate in the next 180 daysThe broader implications for corporate compliance programs, risk assessments, and international business strategyThe historical context of past efforts to reform the FCPA and why similar arguments were made over a decade agoThe potential for companies to seek remedial measures for past FCPA enforcement actions and the challenges in implementing such a policyHow this shift in enforcement priorities may affect corporate ethics, internal investigations, and global compliance expectationsResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
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17:23
Family International and Owner Pay $1.07 Million to Settle Violations of Russia Sanctions Program
How do sanctioned Russian oligarchs continue to move their wealth despite international restrictions? The answer lies in real estate, shell companies, and complicit gatekeepers. In this episode of Corruption, Crime, and Compliance, Michael Volkov dives into one of the latest OFAC enforcement actions against Family International and its owner, Roman Sinyavsky, for facilitating sanctions evasion on behalf of Russian oligarchs. Through complex real estate transactions, Sinyavsky helped conceal luxury properties owned by Valeri Abramov and Viktor Perevalov, allowing them to continue generating revenue despite U.S. sanctions. This case highlights the growing risk of financial crime in the real estate sector and the increasing scrutiny on those who enable it.You'll hear him discuss:The $1.07 million OFAC settlement and the criminal charges against Roman Sinyavsky for sanctions evasion and money launderingHow sanctioned Russian oligarchs used non-sanctioned family members and shell companies to obscure their ownership of U.S. propertiesThe key role of real estate professionals, lawyers, and financial advisors in facilitating these schemes and why they should have raised red flagsThe use of text messages as critical evidence proving intent and knowledge of sanctions violationsThe specific techniques used to transfer property ownership and avoid detection by authoritiesThe increasing enforcement focus on commercial and residential real estate transactions as a high-risk area for financial crimePredictions for 2024, including tighter sanctions enforcement on Russia and Iran and what it means for businesses and compliance professionalsResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
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