Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes back Michael Volkov as they take a deep dive into the ABB, Albemarle and SAP FCPA enforcement actions to try and unpack the DOJ’s pivot away from heavy penalties for recidivists to prioritizing self-disclosure above all else.   Volkov's perspective on the Department of Justice's (DOJ) FCPA enforcement actions is both critical and analytical, shaped by his extensive experience. He underscores the necessity of transparency and explanation in the factors considered by the DOJ, highlighting its significance to practitioners in the field. Volkov also recognizes the shift in DOJ policy towards data-driven compliance, requiring companies to provide data to substantiate their conclusions and demonstrate their compliance efforts. He further notes the evolving landscape of voluntary disclosure and remediation, suggesting these areas are now pivotal in the DOJ's enforcement approach. Volkov's insights reflect a nuanced understanding of the changing dynamics in FCPA enforcement and the imperative for companies to adapt to these shifts.  Key Highlights: Importance of Cooperation in Corporate Enforcement Cases Incentivizing Self-Disclosure in DOJ's FCPA Enforcement Increased Penalty Reduction for Voluntary Self-Disclosure DOJ's Evolving Approach to Corporate Penalties Benefits of Voluntary Self-Disclosure in Enforcement Resources: Volkov Law Group Corruption, Crime and Compliance Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Nick Gallo, co-CEO at Ethico, to discuss its Ethics and Compliance Optimization System. Nick Gallo, co-CEO of Ethico, is a seasoned professional with a robust background in ethics and compliance, and a key player in the development and promotion of Ethico’s ethics and compliance optimization system. Gallo’s perspective on the topic of ethics and compliance optimization systems is shaped by his belief in a comprehensive, integrated approach to managing compliance efforts. He sees this system as a next-generation tool that interacts with other data pools, generating more analytics and insights. His experience has led him to advocate for a centralized repository for various types of business information, which can be accessed by compliance teams for better visibility across all data silos within an organization. Gallo also stresses the importance of automation and integration to eliminate manual and repetitive tasks, allowing compliance professionals to focus on more strategic and value-added activities. Key Highlight: Creating a centralized system for streamlining ethics and compliance Why compliance needs a centralized data system for compliance professionals The prevalence of retaliation in organizations Leveraging data for proactive risk mitigation Resources: Nick Gallo on LinkedIn Ethico Ethics and Compliance Optimization System Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Joshua Drew, a Member of Miller & Chevalier who practices in the firm’s white collar and FCPA practice areas. Joshua Drew, a seasoned attorney with a rich background in the Department of Justice (DOJ) and the Foreign Corrupt Practices Act (FCPA), recently joined the litigation group at Miller & Chevalier. His perspective on joining the firm is largely influenced by his admiration for the team’s expertise, having interacted with several of the firm’s lawyers during his tenure at Vimple.com, now Veon. He also found the firm’s practice areas, particularly FCPA work and general litigation, to be in perfect alignment with his experience. Moreover, he appreciated the firm’s smaller size, strategic focus, and subject-matter expertise, making his decision to join Miller & Chevalier a no-brainer. To learn more about Joshua Drew’s journey and his insights, join Tom Fox and Joshua Drew on this episode of the FCPA Compliance Report. Key Highlight: Drews’s extensive Compliance and Litigation Experience Streamlining Investigations and Improving Compliance at HP Life under the monitor at Veon Impressive Team and Strategic Focus at Miller Incentivizing Disclosure and Cooperation in Mergers Resources: Joshua Drew on LinkedIn Miller & Chevalier Chartered Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, I visited Dr. Karen Jacobson, a renowned expert in organizational leadership and communication. She provides guidance for compliance professionals around leadership. Dr. Karen Jacobson is a seasoned professional with a rich background in healthcare, public speaking, and business consulting. Her perspective on effective leadership and communication in diverse workplaces is shaped by her experiences in war, the military, healthcare, and even her time as a competitive amateur ballroom dancer. Jacobson believes that effective leadership requires understanding and adapting to the needs of different audiences, tailoring communication to resonate with them, and being culturally aware. She emphasizes the importance of leaders adapting their language and communication style based on the audience’s behavior style, emotions, and level of understanding and learning about the customs, language, and etiquette of the cultures they interact with. Join Tom Fox and Karen Jacobson on this episode of the FCPA Compliance Report to delve deeper into this insightful perspective. Key Highlights: The Power of Active Listening in Leadership The Art of Navigating Generational Communication Bridging Cultural Divides for International Success Developing Middle Managers through Targeted Training Understanding Generational Values and Communication Styles Resources: Karen Jacobson Website LinkedIn Facebook Twitter YouTube Instagram Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Professor Karen Woody and they take a deep dive into the Segway case from Delaware. The bottom line is that proving bad faith and breaching the duty of oversight remains a challenging task. The conversation delved into the fiduciary duties of directors and officers, specifically the duty of care and the duty of loyalty. The duty of care requires fiduciaries to be well-informed about material information and exercise prudence in decision-making. On the other hand, the duty of loyalty necessitates undivided interests towards the corporation, with no conflicts of interest or self-dealing. The duty of oversight, derived from the landmark Caremark case in 1996, is an extension of the duty of loyalty. It requires the establishment of information reporting systems and compliance programs to inform senior management and the board about potential issues. There are two prongs to bring a duty of oversight claim: the systems or information prong and the red flag prong. The former focuses on the absence or ineffectiveness of systems, while the latter deals with the conscious disregard of red flags. However, proving bad faith and breaching the duty of oversight is a high bar to clear. The Caremark standard is challenging to meet, and most cases are dismissed on a motion to dismiss. The recent Segway case, following the McDonald's case, indicated a pushback against lowering the bar for officers compared to directors. The interpretation of the duty of oversight remains stringent, emphasizing the need for strong evidence of bad faith. The conversation concluded by acknowledging the importance of context and the specific facts of each case. While there has been a slow march of weakening the Caremark standard in some cases, the facts in those instances were particularly egregious. The recent cases discussed in the episode did not exhibit the same level of egregiousness, leading to a retraction and a reaffirmation of the high bar set by the Caremark standard. Resources: Karen Woody on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jay Rosen who discusses the recent FCPA enforcement action involving the software giant SAP. Jay Rosen is a seasoned compliance professional with a deep understanding of the SAP FCPA enforcement case. His perspective on the topic of SAP’s FCPA enforcement case and the importance of cooperation and self-disclosure is shaped by his belief that self-disclosure is paramount in any FCPA investigation or enforcement action. He points out that SAP did not initially self-disclose, but began to cooperate only after investigative reports were made public in South Africa. Despite this, Rosen acknowledges SAP’s commendable efforts in providing regular, prompt, and detailed updates to the fraud section, producing relevant documents, and undertaking extensive remediation actions. He underscores the importance of conducting a root cause analysis, implementing data analytics, and enhancing compliance programs and internal controls, asserting that companies can recover if they follow these steps and use data-driven analytics to counterbalance any negative facts. Join Tom Fox and Jay Rosen as they delve deeper into this topic on this episode of the FCPA Compliance Report. Key Highlights: The facts and underlying bribery schemes Lack of self-disclosure and what it means Extensive cooperation Extensive remediation A superior result achieved Resources Jay Rosen on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Frank Orlowski. Frank Orlowski is a seasoned professional with a wealth of experience in managing emerging markets in the pharmaceutical industry, having spent over 25 years at Pfizer Pharmaceuticals. His perspective on managing emerging markets is shaped by his extensive experience, particularly in South America, Middle East Asia, and Eastern Europe, where he faced challenges in compliance, controls, and meeting US accounting regulations. Orlowski emphasizes the importance of understanding different cultures, regulations, and geopolitical issues when working in these markets. After retiring from Pfizer, he founded the Ation Advisory Group, where he leverages his expertise to assist companies in commercializing products in the life science industry. Join Tom Fox and Frank Orlowski on this episode of the FCPA Compliance Report podcast to gain more insights into managing emerging markets in the pharmaceutical industry. Key Highlight ·      Frank Orlowski’s Global Financial Expertise ·      Navigating Unique Obstacles in Emerging Markets ·      Navigating Cultural Differences in Emerging Market Compliance ·      Creative Employee Rewards and Engagement Strategies ·      Enhancing Healthcare Through Medtech Innovations ·      The Integrated Legal Division at Pfizer Resources Frank Orlowski on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes John Gebauer, Chief Regulatory Officer at COMPLY, and John Van Der Wal, Senior Director, Compliance Advisory at COMPLY. John Gebauer and John Van Der Wal are seasoned professionals in the financial industry, each with over three decades of experience and a focus on regulatory changes and compliance challenges. Gebauer believes that there is a need for stricter controls and requirements in the ESG space. He emphasizes the importance of firms having the necessary documents and procedures to back up their claims of being ESG advisors. Van Der Wal shares a similar perspective. He stresses the need for more controls and requirements in ESG advising, the importance of vendor due diligence, and the potential of AI and machine learning technologies in preventing inappropriate activity. Both Gebauer and Van Der Wal highlight the importance of staying up-to-date with changing rules and regulations in the financial industry. Join Tom Fox, John Gebauer, and John Van Der Wal on this episode of the FCPA Compliance Report to delve deeper into these insights. Key Highlight: Compliance Consulting Expert: John Gebauer Private Fund Reform Rule: Addressing Industry Concerns and Improving Practices Comprehensive Approach for Rule Implementation Cybersecurity Measures to Prevent Insider Trading The Impact of Cybersecurity Regulations on Finance Resources: John Gebauer on LinkedIn COMPLY Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Carrie Penman from Navex with insights from the SEC’s Office of the Whistleblower Annual Report. Carrie Penman is a seasoned compliance professional and writer with a profound understanding of the surge in whistleblower reports and concerns in the SEC’s office. Penman’s perspective on the topic is that the significant rise in whistleblower tips being reported to the SEC is due to high-profile cases where whistleblowers have received substantial financial awards, which has raised awareness among employees and encouraged them to utilize the whistleblower program. She also notes a decrease in internal reporting on accounting-related issues, suggesting that organizations should further examine this trend. Penman emphasizes the importance of addressing retaliation issues and fostering a culture that encourages internal reporting. She advocates for training first-line managers and supervisors to properly handle and escalate whistleblower reports, viewing the increase in whistleblower reports as a long-term issue that requires a multi-pronged effort and cultural change within organizations. Join Tom Fox and Carrie Penman on this episode of the FCPA Compliance Report to delve deeper into this topic. Key Highlight: Increase in Whistleblower Tips and Rewards The Discrepancy Between Internal and External Reporting The Crucial Role of First-Line Managers and Supervisors in Addressing Employee Concerns Building a robust culture of speaking up Resources: Carrie Penman on LinkedIn Navex Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Sam Tate, partner at RPC, who discusses the UK's Economic Crime and Corporate Transparency Act. Sam Tate is a seasoned partner at RPC, an international law firm specializing in anti-corruption, compliance, and financial crimes. With a rich background in the oil and gas industry, including a stint as the head of anti-corruption at BP, Sam has a unique perspective on the UK's Economic Crime and Corporate Transparency Act and its role in enhancing corporate transparency and accountability. He believes that the Act is a significant development, particularly in its expansion of liability to senior managers and the introduction of a new failure to prevent fraud. These changes, he argues, necessitate a reevaluation and adaptation of companies' compliance programs to safeguard against potential offenses. Join Tom Fox and Sam Tate as they delve deeper into this topic on this episode of the FCPA Compliance Report.  Key Highlights: Enhancing the Corporate Transparency and Accountability Act Adapting to New Fraud Regulations and Compliance The Evolution of Financial Crime Enforcement in the UK Strict Liability for Company Fraud Offenses The Extent and Impact of Fraud Resources Sam Tate on  LinkedIn RPC Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Ryan Lougheed, Director, of Product Management at Onspring. Ryan Lougheed has over twelve years of experience in the Governance, Risk, and Compliance (GRC) field, currently serving as the director of a platform at Onspring, a SaaS GRC platform and business process automation platform. Drawing from his background in esports, Lougheed believes that teamwork and communication are crucial in both the GRC space and the world of esports. He emphasizes the importance of effective and efficient communication, especially in high-stress situations, and believes that these skills can be carried over to a compliance-focused career. In the context of esports, Lougheed explains that communication is vital in a team of five players and that professional esports organizations provide resources such as physical trainers and sports psychologists to support their players' communication skills. He also notes that the esports industry is evolving, with larger companies creating brands around individual streamers and organizations acting as agents to help grow the streaming culture. Join Tom Fox and Ryan Lougheed on this episode of the FCPA Compliance Report podcast to delve deeper into the importance of teamwork and communication in GRC.  Key Highlights GRC Collaboration and Communication Streamlining compliance with Onspring's centralized platform Streamlining Communication in High-Stress Compliance Situations Leveraging Esports Skills for GRC Success Resources Ryan Lougheed on LinkedIn Onspring Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Sam Silverstein to talk about the new software product, The Culture Audit™ which allows a compliance professional to perform a culture assessment as required by the Department of Justice. In the ever-evolving corporate world, the importance of assessing and improving corporate culture cannot be overstated. This is the focus of The Culture Audit™, a software tool that provides a comprehensive assessment of a company's culture, identifying potential risks and areas for improvement, developed by Sam Silverstein and the Accountability Institute. Tom views The Culture Audit™ as a valuable tool, especially in light of the Department of Justice's focus on corporate culture in white-collar enforcement actions. He sees culture as a risk that can be assessed, managed, and continuously improved. Sam shares this perspective and with his extensive experience in accountability and leadership, he emphasizes the importance of regular culture assessments, which can lead to a better bottom line by fostering a culture of high ethics, employee engagement, and quality decision-making. To learn more about the Culture Audit and how it can benefit your organization, join Tom Fox and Sam Silverstein on this episode of the FCPA Compliance Report podcast.  Key Highlights Culture Assessment and Risk Identification Tool Multilingual Communication Tool for Global Organizations Creating a Data-Driven Workplace Culture The Culture Audit™: Assessing and Improving Workplace Culture Measuring Relational Commitments for Organizational Success Resources Culture Audit Set up a call to discuss the Culture Audit, click here Sam Silverstein and the Accountability Institute Sam Silverstein on LinkedIn  Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Alexander Cotoia and Daniela Meléndez from the Volkov Law Group to discuss the challenges and legal implications of ephemeral messaging in business.  Cotoia's perspective emphasizes the significant risks ephemeral messaging poses for companies, particularly in terms of compliance and data preservation. He advocates for proactive measures, such as refining data preservation policies and monitoring all business-related electronic data. Similarly, Melendez, with her extensive knowledge and experience in conducting internal investigations, underscores the potential legal liabilities companies may face if they fail to secure relevant information. She cites real-world examples, like the Google case, to stress the importance of enforcing document preservation policies and educating employees on their responsibilities. Join Tom Fox, Alex Cotoia, and Daniela Meléndez as they delve deeper into this topic on the next episode of the FCPA Compliance Report podcast.  Key Highlights ·      Ephemeral Messaging: Balancing Compliance and Risk ·      Preserving Evidence and Compliance in Messaging ·      Data Preservation Policies and Risk Assessment ·      Paradigm Shift in Monitoring Business Communications Resources Alex Cotoia on LinkedIn Daniela Melendez on LinkedIn Volkov Law Group Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In Part 3 of this special 3-episode series, we explore how Venice created the first modern hotline and whistleblower reporting system. Whistleblower and hotline reporting systems in compliance programs are crucial tools for organizations, providing a confidential platform for employees to report misconduct. Fox emphasizes the value of using an external hotline system, which offers an additional layer of anonymity and impartiality and can bring specialized expertise that may be difficult to match within an organization. He also highlights the role of hotlines in collecting detailed information, which can provide greater insight into situations and help protect companies from accusations of negligence or wrongdoing. Furthermore, Fox underscores the need for hotlines to inspire employee confidence, offer on-demand support from subject matter experts, and provide inbuilt litigation support and avoidance tools. Join Tom Fox in this episode of the Compliance Lessons from Venice podcast to delve deeper into the significance of hotline reporting systems in compliance programs. Learn more about your ad choices. Visit megaphone.fm/adchoices

In Part 2 of this special 3-part series, we continue our look at compliance lessons from Venice by reviewing the Arsenale and corporate culture. The Arsenale district in Venice, a significant maritime hub from the mid-1200s to mid-1400s, serves as a fascinating historical example of compliance program implementation. The district was renowned for its innovative shipbuilding techniques, which were zealously guarded as state secrets through strict regulations and severe punishments for violators. Tom draws parallels between the practices of the Arsenale district and the guidance provided by the DOJ and SEC. He emphasizes the importance of a balanced approach to compliance, incorporating both incentives and discipline. Fox suggests that companies should provide job security, compensation for mishaps, and assistance to families as incentives for employees to remain loyal and compliant, while also using financial rewards, promotions, and acknowledgments as effective tools for incentivizing compliance. Join Tom Fox on this episode of the Compliance Lessons from Venice podcast as he delves deeper into the lessons that can be learned from the Arsenale district's historical example. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today we begin a special holiday podcast series on compliance lessons from Venice. In Part 1, we are doing compliance in the old-fashioned way. The importance of compliance departments and the simplicity of compliance programs cannot be overstated. These elements are vital in maintaining ethical standards within an organization. An effective compliance program must have a compliance department that is adequately staffed with professionals who can handle the day-to-day compliance work. He argues that these departments should not only have the necessary headcount but also the expertise to answer questions and provide guidance to company personnel. Fox also underscores the significance of basic methods in compliance programs, likening them to the simple yet effective block-and-tackle pulley system used in Venice. Join Tom Fox as he delves deeper into this topic in the Compliance Lessons from Venice podcast episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Billy Jacobson, well-known to the compliance community, who recently opened a new boutique law firm, Jacobson Lopez. We talk about why he co-founded the firm, the type of work it takes on, and where he hopes it might grow. Billy Jacobson is a seasoned attorney with a rich background in white-collar law and compliance, having served as a DOJ attorney and worked on high-profile fraud cases such as the Enron trials and as CCO at Weatherford. His perspective on Jacobson Lopez, a boutique law firm specializing in compliance and investigations, is shaped by his experience and expertise in AML, FCPA, and BSA practices. With his partner, Jonathan Lopez, Billy co-founded Jacobson Lopez, a boutique law firm offering specialized services in compliance work, internal investigations, government enforcement, and individual representation. They aim to provide big law firm expertise at more modest rates, with greater flexibility and no conflict issues, positioning their firm as an alternative to larger law firms. To gain more insights into Billy's perspective and the work of Jacobson Lopez, join Tom Fox and Billy Jacobson on this FCPA Compliance Report podcast episode. Key Highlights Boutique White Collar Law Firm in DC Organic Growth and Strategic Partnerships in Law Federal Prosecution Experience: Navigating Complex Legal Issues Resources Billy Jacobson on LinkedIn Jacobson Lopez Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back LRN’s Susan Divers to discuss the second report 2023 from LRN on the LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition. Susan Divers is a seasoned professional in ethics and compliance, working closely with Tom Fox and associated with LRN. She strongly believes in the significance of ethics and compliance programs in companies, emphasizing the need for continuous training and reminders to ensure employees understand and adhere to the rules and expectations. Susan has noticed a trend of integrating ethics and compliance considerations into HR systems, such as performance reviews and promotions, to hold individuals accountable for their actions. She advocates for a shift from rule-based to values-focused programs, emphasizing personal responsibility and implementing policies like Clawback to address misconduct and enforce consequences. Join Tom Fox and Susan Divers as they delve deeper into this topic on the next episode of the FCPA Compliance Report podcast. Key Highlights: Values-Based Ethics and Compliance Programs Continuous Learning and Reinforcement for Ethical Behavior A values-focused approach to Ethics and Compliance Creating a Culture of Integrity and Accountability Resources: Susan Divers on LinkedIn LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Marco Goldberg, Managing Director of EQS Group's North American Business, which assists organizations in navigating the complex world of compliance and building a culture of trust. Marco Goldberg is a seasoned professional in corporate compliance and investor relations solutions, with a rich background in international industrial management and an MBA from the Berlin School of Business and Entrepreneurship. The EQS Group is a leading provider of corporate compliance and investor relations solutions, serving about 9,000 customers globally. He emphasizes the importance of trust in international organizations and sees EQS Group's mission as helping to create trusted companies through their solutions. His experiences in the industry and his active participation in hosting the ECEC, Europe's largest compliance conference, have shaped his perspective. Join Tom Fox and Marco Goldberg on this episode of the FCPA Compliance Report podcast to learn more about his insights and experiences.  Key Highlights: Creating Trusted Companies with Comprehensive Solutions IntegrityLine: Empowering Employees for Compliance EU Whistleblower Protection Directive: Creating a Culture of Integrity Centralizing Compliance Workflows with AI Technology The Transformative Power of AI in Compliance  Resources: Marco Goldberg on LinkedIn EQS Group  Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Marco Goldberg Managing Director of EQS Group's North American Business which assists organizations navigate the complex world of compliance and build a culture of trust.  Marco Goldberg is a seasoned professional in corporate compliance and investor relations solutions, with a rich background in international industrial management and an MBA from the Berlin School of Business and Entrepreneurship. The EQS Group is a leading provider of corporate compliance and investor relations solutions, serving about 9000 customers globally. He emphasizes the importance of trust in international organizations and sees EQS Group's mission as helping to create trusted companies through their solutions. His perspective is shaped by his experiences in the field and his active involvement in hosting Europe's largest compliance conference, the ECEC. Join Tom Fox and Marco Goldberg on this episode of the FCPA Compliance Report podcast to learn more about his insights and experiences.  Key Highlights ·      Creating Trusted Companies with Comprehensive Solutions ·      IntegrityLine: Empowering Employees for Compliance ·      EU Whistleblower Protection Directive: Creating a Culture of Integrity ·      Centralizing Compliance Workflows with AI Technology ·      The Transformative Power of AI in Compliance Resources Marco Goldberg on LinkedIn EQS Group Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Chip Jones to discuss the recent spate of enforcement actions in the messaging compliance arena. Chip Jones, the Executive Vice President of Compliance at Global Relay, is an expert in e-communications archiving and compliance solutions for the financial services industry, focusing on instant messaging compliance and enforcement actions related to off-channel communications. Chip believes technology plays a vital role in regulating off-channel communications in financial services, emphasizing the importance of capturing and supervising all communications, including those on personal devices, to ensure compliance with SEC record-keeping requirements. He acknowledges that using personal devices for communication has been prevalent for years, but the pandemic has accelerated this trend. Chip suggests that technological solutions, such as the Global Relay app, can help financial professionals communicate compliantly, and he emphasizes the importance of education and tone from the top in promoting compliance. Join Tom Fox and Chip Jones on this FCPA Compliance Report podcast episode to delve deeper into this topic.  Key Highlights: Compliant Communication Solutions for Financial Firms Regulatory Enforcement of Off-Channel Communications Failure Factors: Violation of Record-Keeping Requirements Proactive Compliance and Cooperative Remediation in Financial Firms Resources: Chip Jones on LinkedIn Global Relay Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, Kristy Grant-Hart reviews the holdbacks on the internal control failures and other areas identified in the SEC enforcement action. In this episode of the FCPA Compliance Report podcast, we delve into clawbacks and consequence management in compliance programs, particularly about the Foreign Corrupt Practices Act (FCPA). Our host, Tom Fox, brings a unique perspective, expressing disappointment over the lack of clawbacks in a recent case but emphasizing the importance of consequence management, such as withholding bonuses from employees involved in misconduct. His extensive experience in the field shapes Fox’s insights, and he underscores the need for businesses to shift their models in response to investigations and compliance violations. He also highlights the significance of a proactive approach to addressing compliance issues and the need for a significant change in the business model. Join Tom Fox as he navigates the complex world of compliance in this enlightening FCPA Compliance Report podcast episode.  Key Highlights: The Significance of Consequence Management in FCPA Investigations The Significance of Shifting Business Models Holdbacks going forward Resources: Tom Fox blog post series on the Albemarle FCPA Enforcement Action. Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, we have Karen Moore on the internal controls failures and other areas identified in the SEC enforcement action. The recent FCPA enforcement action against Albemarle has sparked a lively debate in the compliance community, particularly regarding the company’s internal controls, imposed penalties, and the lack of monitorship. While Karen is surprised at this development, Tom believes it is consistent with the new DOJ FCPA policy. One of the key takeaways from the episode is the importance of thorough due diligence and stronger measures to prevent corruption. The case highlights the need for compliance officers to operate beyond their comfort zones and ensure that the right people receive the right training to spot issues. It also raises questions about the credibility of messages about risk tolerance from senior leadership and the effectiveness of deal reviews. Join us as we dive deeply into these issues in this FCPA Compliance Report podcast episode.  Key Highlights: Albemarle’s Penalties Identifying Red Flags in Due Diligence Including Monitors in Plea Deals for Compliance Resources: Tom Fox blog post series on the Albemarle FCPA Enforcement Action. Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, we open with Matt Kelly, providing an overview. The intriguing case of Albemarle, a chemicals company embroiled in a bribery scheme, is a stark reminder of the importance of compliance and timely remediation measures. Albemarle faced hefty fines and penalties, totaling over $218 million, for using intermediaries to sell chemicals to state-owned oil companies and funnel bribes to government officials. However, the company’s swift action in withholding bonuses during their internal investigation and implementing remedial measures, such as eliminating sales agents and adopting a direct sales approach, was recognized and credited. We underscore the significance of Albemarle’s transformation of its business model as a positive remediation measure that effectively reduces corruption risk. We also emphasize the importance of timely self-disclosure and the benefits of initiating remediation measures before an investigation is complete. The fines and penalties imposed on Albemarle are among the largest FCPA settlements in 2023. Join us in this FCPA Compliance Report podcast episode as we dive deeply into the regulatory outcome, remediation efforts, and compliance lessons from Albemarle’s case. Key Highlights: Bribery Scheme with “Friend” Emails Identifying and Addressing Control Gaps for Ethical Business Practices FCPA Settlement and Corruption Risk Reduction Resources: Tom Fox blog post series on the Albemarle FCPA Enforcement Action. Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jim Walton to discuss LRN’s always great annual Code of Conduct Report. Jim Walton is a well-known compliance professional with a background in engineering and a passion for assessing and improving corporate codes of conduct effectiveness. His perspective on this topic is shaped by his extensive experience, including his current role as a Director on LRN’s Advisory Services team, where he leads their code of conduct practice. Jim believes a company’s code of conduct should reflect its character, culture, and values, serving as a foundation for its ethical culture. He emphasizes the importance of the code being a useful resource for employees, providing guidance on ethical decision-making and access to detailed information and resources. Jim also acknowledges that there is always room for improvement in corporate codes of conduct, even among some of the largest companies in the world. Join Tom Fox and Jim Walton on this FCPA Compliance Report podcast episode to take a deep dive into Codes of Conduct. Key Highlights: Evaluating the Effectiveness of Company Codes of Conduct Codes of Conduct Evaluation and Best Practices Comprehensive and User-Friendly Code of Conduct Eight Dimensions for an Effective Code of Conduct Resources: Jim Walton on LinkedIn LRN LRN 2023 Code of Conduct Report Tom Fox Thread Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Adam Pollock, co-founder of PollockCohen and Qui Tam/FCA expert.   Adam Pollock is an experienced lawyer with a unique blend of expertise in computer science and law. Having studied computer science at the University of Michigan before transitioning into law at the University of Pennsylvania, Pollock has spent over 15 years in the legal field, specializing in white-collar defense, Qui Tam cases, False Claims Act cases, whistleblower suits and public advocacy. His law firm's impactful public advocacy cases is rooted in a mission-driven approach, focusing on cases that serve a greater public good. He cites examples such as challenging the government over the regulation of menthol cigarettes, which disproportionately affect the African American community, and fighting for the rights of New York City retirees. Pollock's work is driven by a desire to create positive change and make a difference. Join Tom Fox and Adam Pollock as they delve deeper into these topics on this episode of the FCPA Compliance Report podcast.  Key Highlights ·      How far back Qui Tam case go in history ·      The intersection of Qui Tam, FCA and whistleblower cases ·      Mission Driven Litigation ·      Private Attorney Generals? ·      The FCA at the Supreme Court Resources Adam Pollock on LinkedIn PollockCohenLLP Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Carlos Muñoz, Chief Compliance Officer at CMPC in Chile. We discuss operationalizing compliance at CMPC and in Latin America. Carlos Muñoz is a seasoned Chilean attorney with considerable experience in implementing and advancing compliance programs in Latin America. His perspective on the subject is shaped by his extensive experience and understanding of the unique challenges in the region. Munoz identifies two major hurdles in implementing effective compliance programs in Latin America: the need to tailor programs to both global and local contexts due to cultural nuances and differing perceptions of corruption and the pressing issue of money laundering, fueled by illegal activities such as corruption, drug trafficking, and human trafficking. He believes that Latin America lags in anti-money laundering efforts, which are crucial in combating corruption, and advocates for compliance programs that address these issues while considering cultural differences. Join Tom Fox and Carlos Muñoz as they delve deeper into these topics and more in this episode of the FCPA Compliance Report podcast.  Key Highlights ·      CMPC’s Compliance Program Addressing Antitrust Infringement ·      Navigating Cultural Nuances and Money Laundering: Compliance Challenges in Latin America ·      CMPC’s Comprehensive Compliance Training Program ·      The Rise of Technologically Savvy Compliance Experts in Chile ·      Dynamic Networking Opportunities for Compliance Professionals Resources Carlos Muñoz on LinkedIn The FinCEN Report Company Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Dottie Schindlinger, Executive Director of the Diligent Institute.  The Diligent Institute, the governance research arm of Diligent Corporation, is on a mission to promote governance excellence by providing valuable resources and support to board members and senior leaders. Through research, thought leadership, podcasts, web shows, and certification programs, the institute addresses topics such as climate leadership, ESG, cyber risk, strategy, and AI ethics. Programs like the Next Gen Board Leaders Program and Director Network software facilitate peer-to-peer networking and board opportunities.  The Diligent Academy offers e-learning certification programs for directors, while the Diligent Forum provides a platform for directors to discuss specific themes with guest speakers. The conversation emphasizes the importance of empowering board members with the right information and insights to make informed decisions. It also discusses the changing role of directors in today's business landscape, with a focus on digital transformation, cybersecurity, and customer satisfaction. The Diligent Institute aims to be a trusted resource for directors, providing valuable knowledge and understanding of their needs.  Key Highlights ·      Diligent Institute: Empowering Board Leaders ·      Diligent Academy and Forum ·      ESG Momentum ·      ESG Views and Director Confidence ·      The Changing Role of Directors Resources Dottie Schindlinger on LinkedIn The Diligent Institute Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Jason Patel as they delve into the critical aspects of go-to-market security, market intelligence security, and customer privacy enforcement in today's digital world.  They discuss the importance of protecting businesses and customers' experiences, leveraging data for security and marketing strategies, and ensuring compliance with privacy legislation like GDPR and CCPA. They highlight the services offered by Cheq.ai, a company specializing in go-to-market security, and stress the need for real-time compliance and a transparent approach involving various stakeholders. The conversation also explores the risks of relying solely on vendors for compliance and the impact of opt-in and opt-out strategies in data privacy. Looking ahead, they predict data privacy to be a leading issue, emphasizing the need for clear and explicit internet regulations to protect businesses and consumers.  Key Highlights ·      Check: Go-to-Market Security and Customer Privacy Enforcement ·      Designing GDPR-compliant controls ·      Real-time compliance in data tracking ·      The Impact of Opt-In vs Opt-Out Strategies ·      The Future of Internet Regulations Resources Cheq.ai Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jonathan Wilson, lawyer and co-founder of the FinCEN Report Company, which will simplify filing beneficial ownership reports under the Corporate Transparency Act. The Corporate Transparency Act is a bipartisan law passed in 2020 to combat corporate anonymity and money laundering in the US. The law requires companies to disclose personal information about individuals with ownership stakes or substantial control. The FinCEN Report Company offers an online filing engine for easy submission of reports. This new tool facilitates collaboration between attorneys and clients, ensuring authorized access to information. The Corporate Transparency Act aims to protect the integrity of the financial system and prevent illicit activities by creating a database accessible to banks and law enforcement. Although the law’s implementation has been delayed, businesses must prepare for initial beneficial ownership reports. The law is crucial in combating money laundering globally, aligning the US with Western Europe in anti-money laundering efforts,s and promoting international cooperation.  Key Highlights: ·   The FinCEN Report: Simplifying Corporate Transparency ·   Corporate Transparency Act and Law Firm Collaboration ·   Corporate Transparency Act Implementation ·   Challenges of Identifying Beneficial Owners ·   The Corporate Transparency Act: Combating Money Laundering Resources Jonathan Wilson on LinkedIn The FinCEN Report Company Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back fan favorite Mike DeBernardis, partner at Hughes Hubbard Reed. We take a deep dive into the trial court ruling in the Coburn and Schwartz claim that the Cognizant internal investigation which identified them was run by the DOJ and should be tossed for the lack of federal criminal procedural protections. A recent district court decision on an FCPA case has significant implications for future investigations. The trial court emphasized the importance of a fully developed record and provided guidance for companies conducting internal investigations while cooperating with the government. The episode emphasizes the need for independent investigations, the distinction between government-directed investigations and cooperation with the DOJ, and the timeline of events that shows the importance of self-disclosure by the company. It also discusses the significance of independent decision-making in corporate investigations and the importance of documenting investigations to build a strong record. The restrictions placed on employee interviews during investigations are also addressed, with a suggestion for clear guidelines and procedures to ensure fair and effective interviews. Overall, the episode highlights the practical implications of the court decision and sets a standard for future investigations in FCPA cases.  Key Highlights ·      FCPA Pretrial Work ·      Importance of Independent Decision-Making ·      Importance of Documenting Investigations ·      Restrictions on Employee Interviews ·      Investigation world cases Resources Mike DeBernardis Hughes Hubbard Reed Court Opinion in US v. Coburn Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Ragini Bhalla, head of content and PR for Creditsafe, focusing on the North American region, and Steve Carpenter, Country Manager for Creditsafe in Canada. Their discussion centers around a new Canadian law designed to combat human trafficking forced labor, and child labor within supply chains. Throughout the conversation, they shed light on the practices of various multinational corporations, emphasizing the need for cohesive anti-slavery reporting and measures across different jurisdictions. It becomes evident that addressing these critical issues requires collaboration and comprehensive efforts from all parties involved. A key to compliance with ethical sourcing and compliance with this new Canadian law is through a company’s Supply Chain. Companies must ensure their supply chains are free from forced labor and child labor, and Credit Safe provides services to help. The Canadian Forced Labor Law and the UK’s Modern Slavery Act are steps toward making companies accountable for their actions, but governments must also work with countries like India, Bangladesh, and China to create real change. Non-compliance can lead to fines, customer trust loss, and potential stock dips, and due diligence checks and audits are necessary for companies to protect the integrity of their supply chains. Ethical sourcing is a complex issue requiring collaboration between governments, companies, and experts.  Creditsafe is in a unique position to assist companies comply with laws making illegal human trafficking, forced labor, and child labor. In this podcast, you will learn how to investigate your suppliers in a way that enhances your business operations. Once again, this demonstrates that effective compliance leads to more effective business processes, leading to greater profitability. Key Highlights ·      Fighting Forced Labor ·      ESG Supply Chain Auditing ·      Canadian Compliance Law ·      Reputational Risk of Non-Compliance ·      Ethical Sourcing Resources Ragini Bhalla on LinkedIn Steve Carpenter on LinkedIn Creditsafe Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Peter Grossman, Co-Founder, Chief Strategist at Labyrinth Training, and Duane Stumpf, Global Head of Integrity and Compliance at Alcon. Starting with a 70s-style rock and roll music number, Alcon Vision’s interactive, animated compliance training program, developed in conjunction with Labyrinth Training, has been recognized with high praise, receiving an Anthem Award and two Telly Awards. This program was created to make the company’s Lens Policy more memorable and engaging. This podcast episode focuses on creating impactful campaigns and stresses the need for creativity, mission, and quality work. This episode features Tom Fox, Peter Grossman, and Duane Stumpf discussing how the program’s success effectively delivers important lessons in ways people will remember and enjoy. Through this episode, the trio offers great insight into developing meaningful campaigns that will have a lasting impact. Key Highlights: The Lens Policy Creating Compliance Storytelling Compliance Training Musical Dr. Louis’ Musical Number Award-Winning Compliance Training Creating Impactful Campaigns Resources: Peter Grossman on LinkedIn Labyrinth Training Duane Stumpf on LinkedIn THE LENS CALL DR LOUIS Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom welcomes back the Lawyer to Podcasters-Gordon Firemark.  With the increasing prevalence of AI and Chat GPT technologies in the podcasting world, legal implications must be addressed. Tom and Gordon discuss potential legal issues, such as AI accessing private information and Chat GPT generating false information. To further this discussion, Firemark will be presenting at Podcast Movement 2023 on the importance of protecting freedom of expression in the arts. It is essential for creatives to understand their rights and obligations, as well as the potential impact of AI and Chat GPT on their work, to ensure they are fairly compensated for their creative efforts. This podcast episode provides valuable insight into the changing dynamics of the podcasting world and the need for creatives to remain informed. Key Highlights ·      AI and Chat GPT ·      AI and Copyright Issues ·      Fair Compensation for Creatives ·      Legal Issues in Art Resources Gordon Firemark on LinkedIn Firemark Law Firm Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of FCPA Compliance Report, Maria D’Avanzo from Traliant returns to discuss the intersection of AI, ChatGPT, and compliance. The recent Federal Trade Commission investigation into OpenAI serves as a reminder of the importance of staying up to date on the latest developments in the field of AI technology and the potential implications of such developments. With AI and Chat GPT being powerful tools that can automate processes and generate content, organizations must implement AI Policies and Training to ensure these technologies’ safe and responsible use. AI Compliance Training is necessary to educate employees on the risks posed by AI technology and to guarantee that their compliance program is robust and effective. Organizations must create a comprehensive policy and provide ongoing training to ensure AI’s safe and responsible use. Key Highlights: AI and Chat GPT Consequences AI Policy and Training Creating a Policy AI Compliance Training FTC OpenAI Investigation Resources: Maria D’Avanzo on LinkedIn Traliant Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Tom welcomes Miranda Zolot, General Counsel at Oyster HR in this episode. They discussed the distributed workforce and how Oyster can help businesses find the talent they need compliant and cost-effectively. Beginning with the captivating detail that Oyster is a fully distributed company with no offices and almost 600 internal employees who all work from home or their personal co-working spaces, they discussed the concept of a distributed workforce and how businesses find the talent they need in a compliant and cost-effective way. Their discussion included the challenges of managing an outsourced workforce and the current model of distributed workforces that allows companies to find the right workers for their particular job. Oyster's mission is to bring meaningful work to people in different geographies, and the website offers resources for both people looking for remote work and companies looking to hire remotely. Oyster Academy offers remote best practices and helps people present themselves to the market as ready for remote work, and the company also offers a misclassification analyzer, salary information, country guides, and open policies and handbooks. Finally, Tom and Miranda discussed how to counsel a company on conveying culture and expectations to a worker across the globe.  Key Highlights ·      Remote Work Solutions ·      Cross-Border Hiring ·      Distributed Workforce ·      Creating a Distributed Culture ·      Hiring Internationally Resources Miranda Zolot on LinkedIn Oyster HR Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom welcomes Jen Hoar, a corporate intelligence specialist to the podcast to discuss the use of corporate intelligence as a part of a risk management strategy, this podcast episode explored the importance of conducting thorough background checks on potential executives. Tom and Jen discussed the need to ask questions to gain a better understanding of the person's style and how they interact with their team, peers, board, and investors. They also discussed the importance of disclosure and anonymity when conducting such inquiries, as well as the need to conduct independent third-party vetting of an individual's reputation before investing in them. Finally, they discussed the use of corporate intelligence to shape a client's relationship with an executive and the need to assess the potential risks of hiring an executive before becoming emotionally, financially, and reputationally invested in the deal.  Key Highlights ·      Executive Risk  ·      Investigating Executives ·      People Show Who They Are ·      Reputation Checking ·      Corporate Intelligence Resources Jen Hoar on LinkedIn Forward Risk Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In the latest episode of FCPA Compliance Report, Maria D'Avanzo from Traliant to returns to discuss the essential role of outside counsel in FCPA investigations and the challenges that a CCO may face. They believe having trusted counsel with business acumen and commercial knowledge is vital, especially when discovering potential violations outside the initial scope of the investigation. Maria shares her experience working with the CEO and chair of the audit committee and offers great tips for compliance professionals learning to trust their gut. Additionally, the speakers talk about the importance of self-disclosure and applying disciplinary actions equally across different jurisdictions in cases of misconduct. This explosive discussion is full of insights, advice, and best practices, making it a must-listen for anyone looking to improve their organization's compliance standards. You won't want to miss it! Key Highlights ·      Managing Whistleblower Complaints: Next Steps and Importance of Outside Counsel ·      FCPA Investigation Best Practices ·      Navigating investigations outside of initial scope ·      Navigating Compliance Decision-Making ·      Internal Disciplinary Processes and Corporate Compliance ·      Supervised learning and DOJ cooperation challenges ·      The decision (or not) to self-disclose Resources Maria D’Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In the latest episode of FCPA Compliance Report, Tom Fox speaks with Parijat Jauhari and Susan Divers, both with LRN, about their new tool, Catalyst Reveal, which helps compliance professionals deal with the new DOJ requirements around culture assessment, risk management, monitoring, and improvement. They explain how Catalyst Reveal goes beyond traditional methods of measuring the effectiveness of compliance training and that the platform includes completion data, culture data, and learner sentiment analysis to determine training effectiveness.   They also discuss the importance of benchmarking, which allows for easy comparison of clients within the same industry and revenue band. Plus, find out about their upcoming additions to their product and how it can provide solutions to challenges posed by the Department of Justice. Tune in now to discover how Catalyst Reveal can help compliance professionals fulfill their obligations under the 2023 Evaluation of Corporate Compliance Programs.  Key Highlights ·      Measuring Ethical Culture ·      Enhancing Compliance Training Effectiveness  ·      Challenges in measuring training impact ·      Data Analytics in Compliance Training ·      Benchmarking and Data-driven compliance training  Notable Quotes “This is the most exciting development in this space in all the time that I've been working in ethics and compliance because it allows companies and chief ethics and compliance officers and their teams to move beyond what I would call dead data.” “The culture pulse survey that we've included in this which is the ethical culture pulse survey. That's its full title. It asks questions in real time about levels of engagement from the employee base and levels of respect levels of transparency, levels of organizational justice. And that that is a breakthrough.” “What this tells you is it goes beyond we had a  warm seat. for this training to say, we had people take it, and a lot of people in this group really struggled with facilitation payments or with what is an actual conflict of interest. And this is an area that compliance officers really struggle with.” “We are really using some new technology, machine learning to mine the data because it's you're accumulating it every day that employees are actually.” Resources Parijat Jauhari on LinkedIn Susan Divers on LinkedIn LRN Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox on the FCPA Compliance Report as he discusses with Scott Solomon, the CEO of Operational Security Solutions (OSS), how they manage compliance and ethical considerations around cash management, particularly for high-risk customers. In this episode, they talk about the importance of compliance in the financial industry and how OSS helps financial institutions manage their portfolio through best practices. The podcast also touches on the challenges faced by legal cannabis businesses and the gaming industry regarding compliance and cash operations. Listeners will get insights into boutique cash and transit providers’ role in navigating licensing and permitting requirements for cannabis-related cash operations. This informative podcast concludes with contact information and an eagerness to continue the conversation. Don’t miss out on the insights shared in this episode. Tune in now to FCPA Compliance Report with Tom Fox and Scott Solomon.  Key Highlights: Challenges of Compliance in Handling Cash Transactions Challenges of Compliance in Regulated Industries Cash delivery in the legal cannabis industry Risk Management for Financial Businesses Notable Quotes: “Our primary customer or partner is a financial institution. So when you look at secure cash management and logistics, it boils down to our specialty is moving cash, and we have the ability in the compliance background to help financial institutions support their high-risk customers.” “OSS was founded around compliance. A group of former law enforcement personnel, special military operators, and federal regulators got together and saw an opportunity to initially start by consulting.” “We work with the customer. It doesn’t help us, and it doesn’t help the bank if the customer goes off the rails and becomes non-compliant. So, we want to educate them.” “I come out of the anti-corruption compliance space; we’ve always looked to the casino world as one of the leaders around AML work simply because it was in their business interest to do.” Resources Scott Solomon on LinkedIn Operational Security Solutions Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This episode features a special episode with guests Lisa Fine and Mary Shirley of the Great Women in Compliance podcast. Great Women in Compliance is coming up on its 200th-anniversary show and will move to GWIC 2.0. I asked the women if they would reflect on where they have been and where GWIC may be going. In this podcast, Mary and Lisa reflect on their podcast journey, discussing their impact on their audience and themselves. They talk about their interview style, attempts to get Dolly Parton’s permission to use her song, and upcoming episodes, including adding a co-host. The podcast highlights the importance of diverse voices and perspectives and aims to make guests comfortable while maintaining a professional yet relaxed tone. Join these dynamic hosts as they share memories and tease new ideas, including a book release and round table discussions with women. Take advantage of this engaging and authentic conversation about success, imposter syndrome, and making a difference! Key Highlights: Great Women in Compliance: 200th Episode Reflections Evolution of a Passion Podcast Overcoming Impostor Syndrome on Podcasts Opportunities and Authenticity in Podcasting Approach to podcasting and favorite moments Podcast Length and Dolly Parton’s Theme Song Building Successful Business Relationships as Co-Hosts Thanking Listeners for Ideas and Growth Notable Quotes “As a true supporter of women, you looked at us and said, ‘Why don’t you do it?’ And suddenly, right away, it went from this thing we talked about into something bigger than both of us and turned into a book where the people interested in this shared their stories.” “The podcast started as a hobby but has become an intricate part of our lives, not only as individuals but at least as in my life as cohosts and friends.” “And what I think was an honor for Lisa and myself as people who aren’t necessarily on the speaking circuit, that we wanted to get the diversity of thought and new voices on the show.” “Everybody is a thought leader. I’m talking to you because I think you’re a thought leader, and I think you’re bringing something to the table that, again, in a way, which not to make somebody feel pressured into doing it But I also think that’s how I connect with people. Whether they like it or not, this is the conversation. And this is who I am.” Resources Mary Shirley Lisa Fine Great Women in Compliance Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, Tom visits Brad Hibbert, COO/CSO at Prevalent, as they discuss the surprising findings of Prevalent’s annual third-party risk management study. Discover why so many organizations still rely on spreadsheets and manual processes for managing third-party risks. Brad recommends an integrated approach to third-party risk management that considers the entire lifecycle of the relationship with third parties. The podcast highlights the top five key findings of the report, including data breaches as the top concern, security driving the program, and the increased involvement of IT in the process. Learn how to minimize cyber exposure and risks associated with third-party management by breaking down silos, automating processes, and focusing on reducing risks associated with third parties. Listen to Brad’s practical advice on how to prioritize risks and plan your risk management program and visit prevalent.net for more compliance mandates and best practices. With exciting insights and actionable advice, this podcast is a must-listen for anyone interested in managing third-party risks. Key Highlights: ·      Prevalent’s annual third-party risk management study ·      Integrated Third Party Risk Management ·      Top Challenges for Organizations in Data Security ·      Third Party Risk Management Survey and Findings ·      Minimizing Cyber Breaches ·      Effective Response to Breaches and Third-Party Programs ·      Managing Business Risks for Compliance Notable Quotes: “The top concern driving third-party risk management programs is security, with 71 percent indicating it as their main priority.” “Data breaches continue to be a top concern, with 41 percent of the respondents indicating that they were impacted by a third-party data breach in the last 12 months and had to perform some remedial activity.” “About 70 percent reported increased involvement from the IT group, while 71 percent indicated that infosec owns the program.” “Identifying and mitigating risks before the company is impacted.” “Customs put together this enforcement dashboard that contains all of these statistics on how they’ve been enforcing the UFLPA.” Resources Brad Hibbert on LinkedIn Prevalent 3Rd Party Risk Management Report Tom Fox Instagram Facebook YouTube Twitter LinkedIn   Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he visits with Maria D’Avanzo, from Traliant. Maria shares invaluable insights on how companies can think through their whistleblowing policies and protocols, stressing the importance of triage in the whistleblowing process. She also reveals how they created a triage document to manage complaints of violations within the company and maintained consistency in the investigation process across different geographical areas and business units. Maria emphasizes the need for transparency and communication in dealing with situations of retaliation for whistleblowers and educating senior management on the value of whistleblowers in improving compliance programs. This episode is a must-listen for building effective whistleblowing policies and protocols. Don’t miss out on this opportunity to learn from a seasoned compliance expert. Tune in now!  Key Highlights: Protocol for handling whistleblowing in companies Internal investigations and handling complaints in a company Whistleblowing and Compliance Strategy Effective Whistleblower Investigation and Non-Retaliation Whistleblower Communication and Transparency Resources Maria D’Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of FCPA Compliance Report, Tom Fox visits Virginia Newman from Miller & Chevalier, an expert on the Uyghur Forced Labor Prevention Act (UFLPA) and supply chain ESG work. Together, they discuss the UFLPA, its affirmative obligation on companies to comply with US import laws, and the burden of proof on businesses to prove their goods were not made using forced labor. Virginia shares valuable insight into the CBP’s enforcement efforts and how companies can exercise reasonable care to avoid having their goods detained. They also delve into trade compliance and third-party screening, predictive mapping, and the long-term changes companies must make to their compliance and sourcing programs. Thomas recommends Virginia as a source of knowledge on the subject because of her passion. Listen to this engaging and informative podcast to better understand the UFLPA and its impact on businesses. Key Highlights: Virginia’s background and UFLPA US Law Prohibiting Import of Xinjiang-made Goods US Customs’ Role in Enforcing UFLPA CBP’s Forced Labor Technical Expo Solutions Types of Companies for Supply Chain Mapping Impact of a trade war on supply chain compliance Notable Quotes: “The US government had an import prohibition for any goods made in whole or in part with forced labor. “The US import prohibition is one of the longstanding ones that has had the most effect on companies, but it wasn’t enforced too much until about 3 years ago.” “If your goods are coming from Xinjiang, and you accept that they’re coming from Xinjiang, Then, really, the burden is on you to prove that they’re not made with any forced labor, which is an incredibly high burden and to our knowledge importers have not been trying meet it.” “Customs put together this enforcement dashboard that contains all of these statistics on how they’ve been enforcing the UFLPA.” Resources Virginia Newman on LinkedIn Miller & Chevalier  Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Candice Tal, founder and CEO of Infortal. Get ready to boost your compliance program in this exciting episode of FCPA Compliance Report. In this episode, Tom and Candice discuss the three levels of due diligence typically used to investigate joint venture partners and senior executives and the significance of conducting thorough due diligence. Level one is for low-risk situations, level two is for moderate-risk situations, and level three is for high-risk situations that require deep dark web searches. The key takeaways are to never skimp out on basic due diligence and to consider level three due diligence for high-risk areas or key executives. Don't miss out on this informative episode of FCPA Compliance Report hosted by Tom Fox and featuring Candice Tal!  Key Highlights ·      Introduction of Candice Tal ·      What are the 3 levels of due diligence. ·      What is deep dive due diligence. ·      Finding reputational issues. ·      Evaluating due diligence. Notable Quotes “Due diligence typically is sorted out into 3 general levels or tiers.” “If you're not doing deep dive due diligence, you're not finding reputational issues.” “You just can't find reputational issues on database searches.” Resources Candice Tal on LinkedIn Infortal Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Maria D'Avanzo, Chief Evangelist Officer at Traliant about privacy issues in the US and around the world. Discover the challenges businesses face due to the lack of national law in the US, with multiple state laws led by California. Compare this to the EU, where GDPR has been in place since 2018, and similar laws have been implemented in other countries such as Singapore, Australia, and Brazil. Learn how GDPR has changed the way businesses handle privacy by making it a part of business processes. Discover the importance of consulting with a good outside counsel, especially for global privacy policy implementation. Explore how to handle cybersecurity incidents and disclosure of information, as regulations on this topic are still developing. Hear from Maria on how to address these incidents internally and the importance of an incident response plan. Find out how collaborating with the Chief Information Security Officer is crucial in developing a specific plan for these incidents, including a group effort from various departments. Hear about instances where organizations share confidential information or data, leading to legal backlash and damage to reputation. This section discusses the Tesla case and suggests that a broader conversation about company culture may be necessary to prevent such privacy infringements. Take advantage of this insightful podcast and tune in now to get important insights into privacy and cybersecurity from two industry experts! Key Highlights: ·   The Evolution of Privacy Issues Post-GDPR ·   Navigating Privacy Laws and Meeting Legal Standards ·   Cybersecurity Incident Disclosure Decision Making ·   Importance of Cybersecurity Incident Response Plan ·   The Impact of Sharing Sensitive Information Resources Maria D’Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Adrienne Bellehumeur, a consultant specializing in business analysis, audit, internal control programs, and effective documentation. In this episode of the FCPA Compliance Report, they discuss the secrets to smarter organizations and the importance of the 24-hour rule for documenting and retaining information. Adrienne, author of “The 24-Hour Rule,” provides practical and comprehensive techniques for dynamic documentation and pushes individuals and organizations forward through a six-step process. The discussion also covers the challenges of managing information in communication tools like Slack and WhatsApp and the need for clear repositories for future value and legal purposes. Take advantage of this informative episode and get your hands on Adrienne’s book now! Key Highlights: · The 24-Hour Rule: Importance of Documentation · Dynamic documentation for managers and directors · Mastering Successful Documentation: The Six Steps · Effective Documentation and Data Governance · Effective Information Management in Communication Tools Notable Quotes: “The 24-hour rule is what I think is the golden rule of documentation, and it’s very simple.” “All documentation should drive back to actually pushing you personally or your organization or your team forward into a forward state to take forward action.” “Documentation is about, and I actually believe, it’s a problem-solving technique.” “My book is effectively a framework for better documentation where companies can assess where they’re at, look through what they have, look at I have standards I’ve developed as well.” Resources Adrienne Bellehumeur on LinkedIn The 24-Hour Rule Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In the latest episode of the FCPA Compliance Report, host Tom Fox welcomes Katherine Pappas, Lauren Briggerman and Ian Herbert, experts in government and internal investigations at the law firm of Miller & Chevalier. The group discusses changes to the Corporate Enforcement Policy and the challenges companies face with extraordinary cooperation and clawbacks. They also dive into the Biden administration's antitrust policies, particularly in the area of labor markets and the recent trend of the DOJ losing no poach cases to juries. The conversation then shifts to the FTC's proposed rule on non-compete agreements and recent FCPA individual prosecutions related to bribery allegations. Finally, the hosts discuss potential changes to duty of oversight requirements for company directors and officers and potential changes to US sentencing guidelines. Don't miss out on this informative and engaging episode!. Key Highlights ·      Updates on DOJ's Corporate Enforcement Policy ·      Challenges and Failures in Antitrust Prosecutions ·      No-poach and non-compete agreements in energy industry ·      FTC Rulemaking and Non-Compete Agreements ·      Cryptocurrency and High-Profile Nondisclosure Cases ·      Oversight and Sentencing Guidelines in Companies  Resources Miller & Chevalier Executives At Risk Winter: 2022/2023 Lauren Briggerman Katherine Pappas Ian Herbert Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Are you interested in learning about the overlooked importance of safety in ESG? Host Tom Fox and his guests from Traliant, Andrea Foster Mack and Maria D'Avanzo delve into this topic in the latest episode of the FCPA Compliance Report. Learn how prioritizing safety can lead to cost savings and become a major differentiator for corporations in talent acquisition and retention. The trio also discusses how EHS professionals can reduce risk by implementing hazard awareness training and preventing discrimination. Furthermore, they emphasize the value-add that safety can offer to organizations in terms of corporate governance and brand recognition. Tune in to hear the experts share their insights on how ESG and EHS align under the sustainability cause and how innovative business and management decisions can lead to environmental sustainability. Key Highlights ·      ESG and Safety Culture within Organizations ·      The Importance of Safety in Talent Retention ·      Corporate Governance and Safety in Organizations ·      The Importance of "E" in ESG Reporting ·      ESG and its Role in Elevating Brands ·      Managing Chemical Hazards and ESG Standards  Here are three tips to consider when incorporating safety into your ESG strategy: 1. Communicate safety policies and performance to stakeholders, such as investors and customers, to build trust and enhance reputation. 2. Use safety data to identify improvement opportunities, mitigate risks, and promote continuous learning and innovation. 3. Develop partnerships and collaborations with other organizations and industries to address safety challenges and share best practices. Resources Andrea Foster Mack on LinkedIn Maria D'Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom interviews well-known curmudgeon and iconoclast Jon May. May, who is not a compliance officer, talks about his approach to the topic that has caught Fox's attention. The conversation traverses May's professional background, discussing Miami's wild west environment in the 1980s, and corruption within the police department. The podcast takes a deep dive into corporate strategy, DOJ's enforcement policies, and the changes in whistleblower laws. The author provides an exclusive hotline number for listeners to call him and wraps up by describing where to purchase his book! Don't miss out on this engaging podcast with the brilliant Jon May, hosted by Tom Fox.  Key Highlights ·      Negotiating with Government in Corporate Criminal Conduct ·      Navigating US Sentencing Guidelines for Defense Lawyers ·      Pleading Guilty and Self-Disclosure for White-Collar Crimes ·      Changing view of whistleblowers and self-disclosure regulations ·      Balancing Crime Fighting and Civil Liberties  Notable Quotes “It is the company's recommendation that they obtain counsel before they are interviewed by the company or the company's outside counsel.” “I have, as you know, always been very critical of the government's care and stick approach to convincing companies to self-disclose.”  “But to show the prosecutor that there's a very different side but requires a great deal of work.” “You might not get 3 points. You might only get 2 points. But the amount of time you can save by litigating various aspects of sentencing could be years and years.” Resources Jon May  On Creative Criminal Defense Consultants Who Says You Can’t: Strategy and Tactics for Becoming a More Creative Criminal Defense Lawyer Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. This episode was recorded during March Madness and it is the return of Jason Meyer and Tom For Ethics Madness. In Ethics Madness, dive into the ethical questions surrounding the University of Alabama basketball team and their missteps in handling incidents involving their players. In this exciting podcast, the hosts discuss the possibility of redemption for individuals who have committed past indiscretions, and how companies must vet their employees for a better work environment. They also cover topics such as mental health and the importance of diversity, equity, and inclusion in the workplace, and how companies should embrace ESG for a better business process. You'll also get to hear some insightful interviews with various professionals on compliance and ethics education, and enjoy fun segments such as the Compliance Anthem of the week. Don't miss out on this amazing podcast that will inspire and educate compliance and ethics professionals.  Key Highlights ·      Ethics in Sports: University of Alabama Basketball ·      Can you love art but not artist? ·      Redemption for unethical behavior in sports  ·      The Power of Forgiveness & Reputation Management in Sports  ·      Mental health in compliance profession  ·      Political Pressure on DEI Programs in Southern States  ·      Fostering DEI in Organizations  ·      Core values and politics in universities & ESG betting  ·      ESG in Energy Business Processes  ·      Ivy League success in March Madness  ·      Professional skepticism and NCAA tournament predictions  Notable Quotes “Should I feel guilty that I put the tide in my bracket?” “Even energy companies are doing ESG. Whe? Because they see it in their self-interest.” “Spending more time and more attention now helping organization with including and engaging with the neurodivergent people in their workforces and trying to involve those workers in ethics compliance, and that's been fascinating work as well.” “And to me, Tom, this debate feels like a debate at the core of ethics and compliance because this is an example of what are some core values.” Resources Jason Meyer on LinkedIn The Eight Mindsets Podcast on Spotify Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition, sponsored by Traliant, I visit with Maria D'Avanzo Chief Evangelist Officer at Traliant to discuss the 2023 Evaluation of Corporate Compliance Programs. We discuss the DOJ's guidance on financial incentive programs and highlight the importance of cross-functional collaboration in establishing effective compliance programs. What are some of the challenges of implementing clawbacks for employees who engage in misconduct? We consider some of the risks involved when a company decides to file a lawsuit against an executive for clawback. Finally, they touch on the need for proper communication of the compliance message beyond legal and compliance departments. Join Tom Fox and Maria D'Avanzo as they dive deep into the future of corporate compliance programs. Don't miss this informative and eye-opening episode.  Key Highlights ·      Evaluating Corporate Compliance Incentive Programs ·      Establishing Compliance Programs in Companies Facing DOJ Allegations ·      Incorporating Compliance Ethics and Clawbacks in Business ·      Lawsuit Consequences for Companies & Executives ·      DOJ Elevating Corporate Compliance Programs ·      Effective Communication for CCOs  Notable Quotes “Certainly the timing of any type of any attempt to claw back the compensation, the board needs to be concerned about what's the right time? What's the right process? And are we going to open ourselves up?” “There's also language about non-financial incentives. And here, once again, nothing really new that companies are supposed to take doing business ethically.” “I'm not quite sure why a company without resolving the loss, the investigation, either internally or especially with the DOJ, would file a lawsuit against an executive in order to claw back the compensation.” “Is your investigation completed? Or is it ongoing. I'm not sure how you would win in a litigation if you have not established the basis for the breach of contract. Resources Maria D’Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Looking for a podcast that will give you insights into the Department of Justice's corporate enforcement policy and the implications for corporations facing investigations? Look no further than FCPA Compliance Report! In this episode, Tom Fox sits down with Ryan Patrick, a former US district attorney for the southern district of Texas. They discuss the importance of staying up-to-date with DOJ memos and speeches, the difficulty for corporations in deciding whether or not to self-disclose, and the implications of outside counsel being deputized. Ryan emphasizes the importance for companies to work with lawyers who know judges and have pre-existing relationships with local prosecutors, including US attorneys and line prosecutors. They discuss the Southern District of Texas and its role in border-related issues, as well as the Patrick’s time as a US Attorney for the Southern District of Texas. This podcast is a must-listen for anyone looking to gain a better understanding of corporate enforcement and compliance policies. Don't miss out on the conversation between Tom Fox and Ryan Patrick!  Key Highlights ·      Discussing U.S District Attorney's work challenges  ·      Evolution of Corporate Enforcement Policy by DOJ ·      Challenges in Communication with Corporations for Attorneys ·      Challenges of Self-Disclosure for Businesses ·      Navigating Legal Issues with Local Counsel ·      Challenges to Attorney-Client Privilege in Corporate Cases ·      Border Security and Cryptography Cases in Texas ·      US Attorney General Advisory Committee in Presidential Administration ·      Role of Southern District of Texas in law enforcement and corporate enforcement ·      Inside a Federal Prosecutor's Role  Notable Quotes  ·      "It seems to me that this broaden beyond simply anti-corruption in FCPA and whether it be fraud, whether it be antitrust, whether it be environmental, whether it be a wide variety of other types of issues that an AUSA and a local district attorney US district attorney's office would prosecute.” ·      “Asking the US attorney's offices now to step into this space where really thinking from the idea of self-disclosure and from monitoring or audio auditing, so to speak, someone's compliance program.” ·      “One of the not perhaps most difficult, but hardest conversations a corporation has is whether or not to self-disclose under the FCPA.” ·      “Bring it to me. I will consider it because it's not 1 size fits all. Resources Ryan Patrick on LinkedIn Ryan Patrick on Haynes and Boone Tom  Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Khayot Salijanov, who is  Master's Degree candidate at the University of Pittsburgh. He is originally from Uzbekistan and we discuss compliance in emerging markets. We discussed the history of compliance and corruption in Uzbekistan and the steps the government has taken to increase compliance through laws like public procurement and creating an anti-corruption agency. Khayot then provides insight into the two biggest challenges faced in 2020, communication and conducting effective investigations, as well as emphasizing the importance of leadership buy-in. Finally, Khayot suggests that to start a management consulting career, one should focus on creating relationships and ownership, creating value, and gaining leadership buy-in.  Key Highlights ·      The History of Compliance In Uzbekistan ·      Protecting Yourself When Doing Business in Uzbekistan ·      The Importance of Leadership Involvement in Creating a Robust Compliance Program   ·      Creating Business Value Through Compliance Programs  Notable Quotes  ·      "And also it has a good program, a good tailored program, including ethics and risk management also sustainable business issues, which I'm really interested in because I think sustainable business is a part of compliance."  ·      "It's essential to create the family based ownership to achieve a success."  ·      "The government's anti-corruption and anti-bribery policy has changed drastically."  ·      "Absolutely. Thank you for inviting and having me Thomas. I have a lot of things to tell our listeners about Uzbekistan, specifically about compliance."  ·      "These events mark the beginning of designing and implementing corporate compliance standards in the private sector." Resources Khayot Salijanov on LinkedIn Tom  Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined Erica Salmon Byrne, President of Ethisphere, to discuss the World's Most Ethical Companies awards. Byrne explains the evaluation process and what types of areas are investigated. She highlights how the list has fluctuated over the years and the importance of a company's people practices. Through the cross functional scorecard, companies can measure their performance compared to a global index.   We discuss the importance of "ethics premium" and the scorecard process. To measure the value of a company's people practices, the survey demonstrated an outperformance of 13.6% against a comparable global index. Byrne also gives information to listeners on where to find more information on the world's most ethical companies. Tune into this episode of the FCPA Compliance Report and learn more about the World's Most Ethical Companies.  Key Highlights What is the World’s Most Ethical Companies® recognition? How long has Ethisphere recognized the World’s Most Ethical Companies? What are criteria Ethisphere considers during the evaluation process? What is the evaluation framework. What are the benefits of applying for the World’s Most Ethical Companies? Even if a company is not selected, what are some of the benefits? What is the Ethics Premium and what was the 2023 Ethics Premium?   Notable Quotes  "What does the recognition itself mean? So, you know, it's  really interesting, Tom. Because I I've asked a lot of honorary companies about that. And I  particularly liked the way 1 company phrased it to me when I was talking to them last week, and they said, look, there are lots and lots of times that companies get recognized for messing up." "We're looking at the ways you are thinking about, your impact on the communities in which you operate. We are looking at your ethics and compliance program initiatives. We're looking at the way you are governing your programs both at the board level and at the C suite level. We're looking at your leadership and your reputation." "I've had multiple compliance officers tell me that their best self-assessment work is just reading the red line of our survey every year and asking themselves would I answer this new question from Ethisphere?" "Are there questions on this survey I can't answer without going and speaking to somebody else? Do I know who that person is? And if not, why not? Because all of those relationships are critical relationships to operating your program well."  Episode Links World’s Most Ethical Companies Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Kelly Paxton, a certified fraud examiner who has worked in the anti-corruption space for years. In our conversation, Kelly talks about the importance of networking and how women are often underestimated in the field. She is a proponent of the Certified Fraud Examiner designation and emphasizes the need to foster a brand for yourself. She also encourages listeners to remember that good people can make bad choices, and to take an interest in the stories behind fraud cases. Kelly talks about her passion for defense work and delves into the nuances of different types of offenders. Her wisdom and insight make her an invaluable guest on the podcast.  Key Highlights Networking at National Industry Events for Fraud Examiners [00:04:34] The Importance of Encouraging Women in Fraud Risk Management [00:08:17] The Benefits of Becoming a Certified Fraud Examiner [00:11:55] The Consequences of Choosing to Commit Fraud [00:19:51] Breaking Through Stereotypes: Exploring Unconventional Life Experiences [00:24:04] The Value of Defense Work [00:27:59]  Notable Quotes  1.      "At the end of the day, the business owners are the ones who have the assets that are getting stolen." 2.      "We have this thing called the optimism bias. We don't think bad things will happen to us. Even more so, we don't think bad things will happen to us as compared to thinking good things will happen to us. We hire people. We know I can trust. So why would they steal?" 3.      "Don't look at it as a cost center. Give the fraud professionals the ability to keep training into networking." 4.     "The genius of LinkedIn is you meet the person, you sent you sent the invitation, you meet the person, and a couple years down the road, you're like that person pops up the again. And you go back in your messages and you remember, oh, yeah. I saw them there. I connected there."  Episode Links Fraudish Kelly Paxton on LinkedIn Connect with Tom Fox on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by Gordon Firemark, the Podcast Lawyer. Gordon is a Los Angeles lawyer and the Gordon Firemark Law Firm founder. He teaches Media Law. He also hosts the podcast Entertainment Law Update. During this podcast, Gordon and Tom discussed the spike of defamation claims brought against podcasters in 2022 and the cross-media pollination between the podcast and TV/film industries. Gordon then spoke about ChatGPT, a hot-button issue, bringing up issues around copyright and the training material related to visual, audio, and textual elements. Additionally, Gordon offered a teaser of his presentation at Podcast Movement-Evolutions. Key Highlights The Influence of Podcasts on Content Creators and Media Production [00:05:08] Legal Issues in the Entertainment and Design Industries [00:09:18] The Impact of Chat GPT in 2023 [00:13:03] Legal Implications of Podcasting [00:16:59] Hiring a Lawyer for Your Creative Business [00:20:49]  Notable Quotes 1.     "Let's once more into the breach, dear friends." 2.     "2022 really was sort of the year of the defamation cases." 3.     "TV and film producers are finding inspiration in podcasts they're listening to." 4.     "It's not just chat GPT, but the AI, in general, has become a hot-button issue here in the first quarter of 20 23 when we're recording this."  Episode Links Firemark Law Gordon Firemark on LinkedIn Connect with Tom Fox on LinkedIn For more on Gordon's Easy Legal for Podcasts program, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Sam Tate partner at RPC. Sam is a co-author of the leading UK anti-corruption compliance textbook “Bribery: a Compliance Handbook”. He works closely with a number of FTSE 100, international and privately owned entities and individuals in relation to financial crime proceedings, investigations, and practical crime prevention programs. He recently led the settlement on the ground-breaking 11th and 12th UK DPA’s and conducted the independent investigation for the Financial Times of allegations made by Wirecard against its reporters.   In this episode, they discuss the proposed Economic Crime and Corporate Transparency Bill and how it could have a major effect for companies not based in the U.K. The bill includes verification for all new and existing registered companies, directors, and persons, as well as provisions making it easier for the National Crime Agency. Sam Tate predicts that this will result in more focused prosecutions than Deferred Prosecution Agreements, although it should make settlements easier. This collaboration between the UK and the U.S. will be a lasting legacy of our time.  Key Highlights  Economic Crime Legislation in the UK [00:04:49] The Potential Impact of a New U.S. Bill on Global Businesses [00:08:40] The Cost of Increased Business Regulation [00:12:24] Sharing Information and Improving Access between Regulated Entities and the National Crime Agency [00:16:34] The Impact of US-UK Relationships on Prosecutions and Deferred Prosecution Agreements [00:20:49] The Challenges of Settling Issues in the UK [00:24:36]  Notable Quotes  1.     "So if you have a fraud offense, then a corporate doing probably doing any business in the UK, or having a presence in the business in the UK, so it could be one in the US, it could be one anywhere in the world, anywhere in the world with presence business in the UK, would be corporately criminally liable if it failed to prevent fraud unless it had a series of adequate procedures in place to prevent that."  2.     "It's something we call the 'guidance in mind' test. They are the brains of the company and they've got to be involved for the corporates to be criminally live criminally liable."  3.     "Bribery is defined in in our legislation as offering something with intention of causing another person to improperly perform their duties. Fraud takes a few forms, worth essentially is deceit of one kind or another, sometimes with the abuse of trust or over opposition to trust."  4.     "It's not entirely clear what that is because we haven't have ton of cases. But it's a registered office, a large part of your business, or even a smaller part of your business, a trading arm, perhaps doing your accounts here. Probably something a little bit more than trading on the UK stock exchange, but not much more is enough to have a part of your business in the UK.""  Episode Links RPC Sam Tate Bribery: a Compliance Handbook Connect with Tom Fox on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Today, we have a special edition of the FCPA Compliance Report. On Wednesday, February 22, 2023, Hughes Hubbard & Reed and BGR Group co-hosted a virtual panel discussion on the U.S. House of Representative’s recent resolution to establish a Select Committee on Strategic Competition Between the United States and China as well as major changes in U.S.-China trade policy and its impact on U.S. and Chinese businesses with operations in both jurisdictions. The panel was moderated by Hughes Hubbard partner and head of the Sanctions, Export Controls & Anti-Money Laundering practice group, Ryan Fayhee, who is joined by fellow international trade partner and chair of Hughes Hubbard’s China Practice, Roy Liu, as well as former staff director of the Senate Foreign Relations Committee, Lester Munson, co-head of the International Practice at BGR Group. This is a recording of their presentation. Key Highlights U.S. Export Control Regulations and Restrictions [00:04:51] The Effectiveness of the China Select Committee in the House of Representatives. [00:09:19] The Role of Bipartisanship in Overlapping Authorities [00:12:51] Impact of U.S. Computer Chip Industry Subsidies [00:16:37] The Presidential Authority and the US-Taiwan Relationship [00:20:19] The Potential of Retaliatory Measures in China [00:23:42] Navigating Chinese Investment in the US Amid Changing Protocols[00:28:14] The Impact of Commerce on Bilateral Relationships [00:32:13]  Impact of China on Western Companies and Semiconductor Industry [00:40:01] Exploring Business Opportunities in Changing China-US Relations [00:44:11] US-China Relations and Their Impact on Global Politics [00:48:02] The Impact of Congressional Hearings on Chinese Companies and Businesses Partnering with China [00:51:53] Reforming the NDAA Process in 2024[00:56:00] Original Source: HHR House Committee on Strategic Competition.mov from Hughes Hubbard & Reed LLP on Vimeo. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Egle Karalyte, founder and CEO of Karalyte. Tom and Egle discussed the branding in the corporate world. Egle explained that a brand is an expression and system that encapsulates services, products and values that customers will resonate with going forward. A successful UX strategy can keep customers coming back for more. The conversation then shifted towards a discussion of how different branding rules apply for products and services. Egle discusses how the Metaverse is taking UX to new heights and why this is beneficial for companies and customers alike.  Key Highlights  ·      Developing a Brand: A Systematic Approach [00:05:01]  ·      Branding Services vs Products in Adobe [00:09:37]  ·      The Benefits of an Improved User Experience (UX) [00:14:04]  ·      The Benefits of Virtual Reality Gaming with Karalyte[00:18:55]  Notable Quotes  1.     "For me, a brand is really kind of a certain belief system that is packaged into a certain package that also kind of incorporates a product, reach of service and really consolidates everything that the customer would resonate with."  2.     “I've developed a system where that I go through every clients, a methodology, where we look into the into the branch world from all possible angles."  3.     “It's like falling in love. Like, you have to have certain elements in place that would then trigger the spark. So it's the same thing with a brand. Like, the brand needs to get its foundational elements in place so that people when they discover it, they really kind of fall in love with the brand and with the product, and then the advocacy you know, becomes natural because when we find what we like, we simply just naturally want to share it with people."  4.     "Good UX definitely helps to make people interested in what we have to offer. When we discover brand online and we come to the website, how we experience the website will determine whether the brand will hook us in or not."   Episode Links Karalyte Connect with Egle Karalyte on LinkedIn Connect with Tom Fox on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by with Mary Inman, partner at Constantine Cannon. We discuss the recently released US Fraud statistics and preventative measures with Inman. Inman explains that the US Department of Justice put out statistics on the False Claims Act for 2022, with healthcare dominating the recovered funds. Inman goes on to discuss how whistleblowers can still launch cases, even if the government does not join in, as well as encourage listeners to report fraud to their respective insurance department if it later results in higher premiums for their organization. Key Topics: ·      The Increase of Managed Care Plans in Medicare [00:05:16] ·       The Power of Whistleblowing and the Impact of Joining Government Cases [00:09:19] ·      Medicare and Medicaid Fraud in California and Florida [00:13:21] ·       Impact of Insurance Fraud on Premiums [00:17:44] ·      The False Claims Act and the Escobar Decision [00:26:09] Notable Quotes 1.      "And they were basically paying kickbacks to their they know who the physicians are, who are their largest prescribers of their drugs. And they were paying kickbacks to encourage them to basically discourage them from prescribing their competitors’ products and to direct it to them."  2.     "What happened here is that Mallinckrodt improperly calculated their rebate by claiming that drug that they developed in 1990 was actually termed a new drug in 2013. And so that allowed them to greatly decrease the amount of the rebate that they would have owed to the Medicaid program.""  3.    "It's another kind of false billing scenario. It was notable to me that we had 2 big settlements." 4.     "The whistleblower had accused the Association of basically shifting costs that it shouldn't have been reimbursing onto the Florida Medicaid program.   Resources: Mary Inman on Linkedin Constantine Cannon Tom Fox on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by with Erica Salmon Byrne, the CEO of Ethisphere, to discuss the company's recent "2023 Ethical Culture Report: Lessons from the Pandemic." Erica shares that the report found a significant uptick in reports of observed cases of bullying, which is likely due to masking feelings with the anonymity of a keyboard. While an employee’s direct manager is most often the first avenue for employees to report concerns, but other forms of reporting weren't utilized, due to a fear of retaliation. Erica suggests that companies need to make it easy for employees to communicate broader ethical issues, as doing so will result in a tripling of employee faith in the system.  Key Highlights: ·      The Impact of the Pandemic on Bullying Incidents ·      Reasons Younger Employees Don't Speak Up When Witnessing Unethical Behavior ·      Creating a Speak Up Culture in the Workplace ·      Improving Communication Between Employees and Managers ·      Reporting Issues to Managers: Examining the Results of a Recent Report ·      The Importance of Managerial Leadership in Ethical Decision Making ·      The Importance of Making it Easier for Employees to Report Issues Notable Quotes 1.    "Employee willingness to raise their hand stayed pretty steady."  2.    "It's a lot easier to be a jerk behind a keyboard than it is to be a jerk to somebody's face."  3.    "The reason we have non retaliation language in our code is because information is a gift."  4.    "Think of the information as a gift, practice thinking of the information as a gift, and then your responsibility as the manager is to listen and follow-up."  Resources: Ethisphere Resources ·      Ethisphere ·      2023 Ethical Culture Report Connect with Erica Salmon Byrne ●      LinkedIn Connect with Tom Fox ●      LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Join Eric Young from Guidepost Solutions. Young has worked at prestigious institutions like JPMorgan, General Electric, S&P Global Ratings and BNP Paribas and shares his expertise to empower employees, looking to move ahead processes, find solutions and navigate through compliance issues.   Tom and Eric talk about the highlights of the Monaco Memo, updates on the Corporate Enforcement Policy, a case study from ABB to showcase the role of the CCO and how firms should interpret Department of Justice speeches. He further dives into the corporate culture, accountability, and the role of the CCO within an organization. Finally, Eric sheds light on a case from McDonald's involving the former CEO and their decision to clawback compensation. The discussion concluded with the acknowledgement of the Delaware court's holding that elevates the CCO’s corporate duties.  Key Topics:  [00:04:24] Process Improvement to Avoid Violations and Effect Positive Change in Company Culture [00:09:19] The Effects of the Monaco Memorandum on Corporate Compliance Practice [00:14:35] ABB's Impressive Performance During an Investigation and Remediation Period [00:18:42] The C-Suite's Responsibility in Organizations [00:23:21] The Impact of Experiences on Assessing Business Decisions [00:28:05] The SEC Inquiry on McDonald's precipitated by Steve Easterbrook's Removal [00:32:24] The Significance of Delaware Courts in Regards to Corporate Law [00:37:13] The Functions of Corporate Boards During Times of Crisis. Tune in and listen to Eric as he educates us around the need to report extraordinary circumstances to the Department of Justice.  Resources: Connect with Tom Fox ●      LinkedIn Connect with Eric Young ●      Guidepost Solutions ●      LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Susan Divers, Director of Thought Leadership at LRN to discuss LRN’s 2023 Program Effectiveness Report.  In this episode, Susan and I discuss making your ethics and compliance program is as effective as possible. We include a consideration of the gulf between high performing and less effective programs as well as the impact of the pandemic on compliance;  the importance of empowering middle managers and involving them more in ethics and compliance. Susan also explains why companies need to upgrade their systems to make them more effective, particularly in the data component.  Key Takeaways:  [00:04:50] The Pandemic's Effects on Compliance Programs [00:09:17] Decreased Engagement of Senior Management in Ethics and Compliance Throughout the Pandemic [00:13:52] The Importance of Upgrading Data Systems for Optimal Compliance [00:18:26] Proof the Program has Been Successful in Improving Student Achievement.  Act now and use the link below to obtain a copy of the Report at no cost. It's the perfect way to learn more about ensuring your ethics and compliance program is as effective as it should be. Resources: Connect with Tom Fox ●      LinkedIn Connect with Susan Divers ●      LinkedIn Download the LRN 2023 Program Effectiveness Report ●      LRN Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Alastair Parr, SVP of Global Products & Delivery at Prevalent to discuss developments in third-party risk management. In this episode we consider: ·      Why is a comprehensive 3rd risk management solution not simply a nice to have but a must to have now?  ·      Why is 3rd party risk management so much critical after the pandemic and the Russian invasion of Ukraine? ·      Improving the UX for TPRM. ·      Why has simplifying the UX for TPRM eluded most providers so far? ·      How can the UX be improved so the information which is the most vital and most relevant is captured and more importantly can be actioned? ·      How can the process of obtaining TPRM information to implementing controls to manage the risk be improved? ·      How can companies automate data gathering by using a single targeted assessment by building in targeted compliance mappings for legal or regulatory requirements? ·      Other areas of compliance such as modern slavery and human trafficking? ·      The continued evolution of 3rd party risk management into 2025 and beyond. Resources Alastair Parr on LinkedIn Prevalent Being a Compliance Officer is Awesome on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Morrison and Foerster partner James Koukios to discuss the recent Kenneth Polite speech announcing changes to the Department of Justice Corporate Enforcement Policy.  In this episode we consider: What is the CEP; This is a follow on from the Monaco Memo; Why this change is significant for recidivists; How this change redefines an effective compliance program; The new CEP offers real, tangible and significant benefits for compliance programs; and What it all means going forward. Resources Kenneth Polite Speech Updated CEP Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Mike Volkov, founder of the Volkov Law Group. We conclude with Part 2 looking back on the year 2022 in FCPA and Compliance. We consider the Monaco Memo, the key cases and some of the important issues which arose in 2022 and how they might impact compliance in 2023. In this episode we consider: ·      Building trust and credibility in the investigative process ·      The ABB FCPA enforcement action ·      The Honeywell FCPA enforcement action ·      Why the heat is on compliance after the Monaco Memo ·      Corporate incentives and discipline including clawbacks ·      The Glencore FCPA enforcement action and CCO Certification Resources Mike Volkov on LinkedIn The Volkov Law Group Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Mike Volkov, founder of the Volkov Law Group. We begin a two-part podcast on looking back on the year 2022 in FCPA and Compliance. We consider the Monaco Memo, the key cases and some of the important issues which arose in 2022 and how they might impact compliance in 2023. In this episode we consider: ·      The Monaco Memo ·      The Stericycle FCPA enforcement action ·      The KT FCPA enforcement action ·      The upcoming trial of Cognizant executives and internal investigations ·      Key individual prosecuted Resources Mike Volkov on LinkedIn The Volkov Law Group Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I visit with Eric Morehead, the Director of Advisory Services at LRN. We discuss the US Sentencing Guidelines on the 30th anniversary of their enactment and review the recent report on the history of the Sentencing Guidelines. Morehead, a former staff attorney at the US Sentencing Commissions takes a look at the numbers and considers the broader impact of the Sentencing Guidelines on compliance in the US and across the globe. Some of the highlights include: ·      What are  the US Sentencing Guidelines? ·      Why were the enacted? ·      How have they been supported by the DOJ and Courts? ·      What were the two amendments to the US Sentencing Guidelines? ·      What may be down the road for the US Sentencing Guidelines?  Resources LRN Eric Morehead on LinkedIn A Deep Dive Into Organizational Sentencing Data by Eric Morehead on Law360 Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I have double trouble as I welcome Scott Garland and Zach Hafer. They worked together for many years at the US Attorney’s Office for the District of Massachusetts, and both are now in private practice, Garland as a Managing Director at Affiliated Monitors, Inc. and Hafer as a Partner at Cooley LLP in Boston. Some of the highlights include: In this podcast Hafer considers DOJ corporate enforcement through the mechanisms of DPAs and NPAs based upon his tenure as the Criminal Chief. They discussed the need to balance approving prosecutions for general impact vs. based on the case’s individual merits. We also consider how if at all did the Monaco Memo change DOJ focus. Garland leads us through a discussion of compliance issues within a prosecutor’s office, why your compliance philosophy is so critical and some of the biggest issues and situations they both confronted while in the US Attorney’s Office for the District of Massachusetts. We conclude this section with a discussion of receiving compliance advice: what worked and what did not. We conclude with a discussion of transitioning from DOJ to private practice and both Zach and Scott summarize some of the key questions they are getting from clients. Garland opines on key issues he sees for monitors after Monaco Memo and we conclude with why can proactive monitoring be such a powerful tool.  Resources Scott Garland at Affiliated Monitors Zach Hafer at  Cooley LLP Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I conclude a 2-part series on the subjects of FTX and risk. I am joined by Gilbert Paiz and Andrew Gay, principals in the Texas Hill Country Advisors. In our previous Part 1, we considered risk and risk management through the lens of US domiciled financial institutions and how their risk management protocols help to not only assess risk, but manage throughout the life cycle of a banking-customer relationship. In this Part 2, we consider individual risk in investing and what type of background information, questions and due diligence individual should engage in and how thes questions and background investigations apply equally to larger investments made by sophisticated investors, hedge funds  and institutional investors; who should have made them before investing in FTX but they all failed to do so.   Some of the highlights include:  ·      What due diligence should an individual perform? ·      What should an individual look for in financial statement? ·      Why is the physical location of businesses and where it might be incorporated such an important piece of information? ·      What are backstops, guarantees or other mechanisms to retrieve investments? ·      What Due Diligence mistakes did you see in FTX? ·      What are related party transactions and why are they problematic? ·      Why are audited financials critical?  Resources Texas Hill Country Advisors Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I begin a 2-part series on the subjects of FTX and risk. I am joined by Gilbert Paiz and Andrew Gay, principals in the Texas Hill Country Advisors. In Part 1, we consider risk and risk management through the lens of US domiciled financial institutions and how their risk management protocols help to not only assess risk, but manage risk throughout the life cycle of a banking customer relationship. In Part 2, we will consider individual risk in investing and what type of background information, questions and due diligence individual should engage in and how this questions and background investigations apply equally to larger investments made by sophisticated investors, hedge funds  and institutional investors; who should have made them before investing in FTX but they all failed to do so.  Some of the highlights include:  ·      How do banks think of risk? ·      What internal processes or controls are in place to help a bank manage its risks? ·      What types of oversight do banks and financial institutions use to help manage risk? ·      Why are levels of review so critical? ·      How do banks think about customers in terms of risk? ·      Who decides how much risk to allow a customer to engage in with a banks money, whether through loans or other capital? ·      Do bank employees receive ongoing training on risk management issues? ·      What tech is in place to facilitate the management of risk?  Resources Texas Hill Country Advisors Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I visit with Ty Francis, the Chief Advisory Officer at LRN. We discuss the just-announced LRN acquisition of the Compliance Learning business unit from Thomson Reuters. The acquisition will further establish LRN’s position as the largest global provider of E&C program management and learning solutions serving over 2,500 companies and tens of millions of learners. It will place LRN literally across every continent, including a larger strategic presence in Asia-Pacific markets. This acquisition also enhances LRN’s capabilities and expertise in the financial services marketplace and will help accelerate several of its vertical market product strategies. Some of the highlights include: ·      How this acquisition allows LNR to bring compliance training to where a customer’s employees are located. ·      How this acquisition will facilitate data-driven compliance.  ·      Why a holistic, worldwide scope for compliance learning will be a business positive.  ·      How this acquisition will meet the continued growth in the regulatory landscape on a global basis.  Resources LRN Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I take things in a different direction today as I post the recording of a webinar I recently put on for i-Sight Software Solutions. In this presentation, I detail what the Monaco Memo means your corporate investigative protocol.  Some of the highlights include:  ·      What changes did the Monaco Memo portend for corporate investigative protocols? ·      What unintended consequence did the Russian invasion of Ukraine bring to the public view of whistleblowers?  ·      Why is triage a key aspect of your investigative protocol? ·      Why should you create an investigative protocol long before an investigation becomes needed? ·      How do you create an investigative protocol to keep key decision makers in the loop?  Resources For a White Paper on these issues, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply chain, which I focused on in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 2 of a two-series, we continue our exploration of the current global supply chain and focus on issues relating to China.  Some of the highlights include:  ·      Why ever company should prepare for a China confrontation over Taiwan. ·      Is the UFLPA a true game changer for supply chains and compliance?  ·      What is the impact of China’s Belt and Road program? It’s debt financing? ·      Why is the global supply chain and indeed the global economy of the past 30 years now dead? ·      What steps compliance functions should take now around the global supply chain of the future.  Resources David Simon Mike Walsh Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply, which I explored in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 1 of a two-series, we begin to explore the topic of the events which have led to the disruption of the global supply chain and the impact on compliance functions. Some of the highlights include:  ·      What led to the disruption in the global supply chain?  ·      Will this continue for the foreseeable future? ·      Why is the global supply chain and indeed the global economy of the past 30 years or so now dead? ·      Why the impact of this supply chain disruption is greater in the EU than US.  Resources David Simon Mike Walsh Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit Shannon Martin, Director of Communications and Corporate Podcasting Specialist at Podbean, a podcast hosting platform. We discuss how companies and, more specifically, corporate compliance functions can use internal podcasts to communicate compliance and ethics concepts using storytelling and other informative techniques. Some of the highlights include: Why storytelling works in the corporate world. Why the power of voice works so well. How internal podcasts can help a compliance function avoid compliance communication fatigue. Why your imagination only limits you.  Resources Shannon Martin on LinkedIn Podbean Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with fan fav James Koukios, partner at Morrison & Foerster on the firm’s always great monthly Top 10 International Developments newsletter for the month of April 2022. Some of the highlights include: Key areas we discuss on this podcast are: ·      The Stericycle FCPA enforcement action. ·      The Roger Ng conviction. ·      Limits of prosecution on FCPA accounting provisions? ·      US government using corporations in the ABC, AML and trade control fight.  James Koukios on MoFo.com MoFo Top 10 International Anti-Corruption Developments for April 2022 Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong, partner at Cordery Compliance in London. We consider the recent payment by the international law firm Dechert of £20 million for its conduct and that of its former partner Neil Gerrard in the ENCR affair. The matter was certainly a dark day for Dechert and a black eye on the legal profession. Some of the highlights include:  Key areas we discuss on this podcast are: ·      What were the failures of the law firm?  ·      What led to the £20 million interim payment? ·      Will there be discipline against the law firm? ·      What is the role of a law firm to oversee investigations? ·      How are the implications of holding investigative data under GDPR going forward? ·      Who watches the watchers (and investigators)?  Resources Jonathan Armstrong on Cordery Compliance Hannah Walker in Law.com on the scandal Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Erica Salmon Byrne, now CEO at Ethisphere. We review the firm’s recent acquisition by Alpine Investors, a B-Corp. Key areas we discuss on this podcast are: What does this new partnership mean for Ethisphere? Who is Alpine Investors, and what is a B Corp. What is People Focused Private Equity, and why was this a good fit for Ethisphere? What will be Erica’s role going forward? How this move will refocus Ethisphere’s efforts in ESG.  Resources Ethisphere Press Release Ethisphere Alpine Investors Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I take on a solo pod to discuss and consider the Oracle FCPA enforcement action brought by the Securities and Exchange Commission. Key areas for discussion on this podcast are: ·      Background facts. ·      Same facts in same country? ·      Failure of a paper program. ·      The need for data analytics.  ·      Where is the DOJ? ·      What are the lesson learned going forward? Resources For a White Paper on the Oracle FCPE enforcement action, email tfox@tfoxlaw.com Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Mike Huneke, partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco. Some of the highlights include: Key areas we discuss on this podcast are: What is the new CCO certification policy? Why did the DOJ create the policy? How has the DOJ thinking around recidivists evolved? Reasonableness is not a factual basis. Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification. What is the role of the monitor going forward? Resources Mike Huneke on Hughes Hubbard What is the General Counsel’s role in CEO and CCO compliance certifications? On the FCPA Blog Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, we have the Award-Winning Everything Compliance quartet of Jonathan Marks, Jonathan Armstrong, Karen Woody, and Tom Fox on the Monaco Memo. 1. Tom Fox looks at the Monaco Memo through the monitorship language and answers a listener's questions about compliance programs under the Monaco Memo. 2. Karen Woody reviews the Monaco Memo, the self-disclosure angle, and investigatory considerations and ponders the role of defense counsel going forward. 3. Jonathan Marks also looks at investigatory issues under the Monaco Memo, the role of the Board of Directors, and the role of the forensic auditor under the Monaco Memo. 4. Jonathan Armstrong's self-disclosure from a UK angle joins Karen Woody in questioning how defense counsel should move forward. Resources Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog 1.     A Jolt for Compliance 2.     Timely Self-Disclosure 3.     Corporate Compliance Programs 4.     Monitors 5.     The Heat is On Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am taking a deep five into the Monaco Memo and analyzing it from a variety of angles. In this episode of the FCPA Compliance Report, I am joined by Hughes Hubbard partner Laura Perkins to take a deep dive into the Monaco Memo. Some of the highlights include: 1.     Determination of Monitor Need.  2.     Roadmap to proa-active compliance.  3.     Timely self-disclosure as criteria for monitorship? 4.     Monitor selection criteria. 5.    Monitor review and oversight. Resources Laura Perkins on HughesHubbard.com Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog 1.     A Jolt for Compliance 2.     Timely Self-Disclosure 3.     Corporate Compliance Programs 4.     Monitors 5.     Polite Speech Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Compliance into the Weeds co-host Matt Kelly for a deep dive into the weeds of the Monaco Memo. Some of the highlights include: Corporate accountability. Timeliness in turning over evidence of wrongdoing. Baby Carrots in evaluating the corporate history of misconduct. Additions to Evaluation of Corporate Compliance Programs. Tweaks to the Yates Memo formulation. Monitors and Monitorships.  Resources Matt in Radical Compliance Tom in the FCPA Compliance and Ethics Blog Introduction Self-Disclosure Corporate Compliance Programs Monitors What it all means Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Affiliated Monitors founder Vin DiCianni to take a deep dive into the monitors and monitorship portions of the Monaco Memo. Some of the highlights include: Determination of Monitor Need. Roadmap to proa-active compliance. Timely self-disclosure as criteria for monitorship? Monitor selection criteria. Monitor review and oversight.  Resources Vin DiCianni on Affiliated Monitors Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog A Jolt for Compliance Timely Self-Disclosure Corporate Compliance Programs Monitors Polite Speech Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am taking a deep five into the Monaco Memo and analyzing it from a variety of angles. In this episode of the FCPA Compliance Report, I am joined by fan fav James Koukios, partner at MoFo. James is a former member of the FCPA Unit and in this podcast we take a deep dive into the Monaco Memo. Some of the highlights include: 1.     Issues involving individual accountability.  2.     Burden shifting on communications devices and timeliness of self-disclosing and reporting.  3.     How the Monaco Memo lays out DOJ expectations? 4.     Monaco Memo at 30,000 ft and ground level. . 5.    Tweaks to the Yates Memo formulation. 6.    New requirements to the FCPA Corporate Enforcement Policy  7.    Will the incentives be enough? Resources James Koukios on MoFo Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog 1.     A Jolt for Compliance 2.     Timely Self-Disclosure 3.     Corporate Compliance Programs 4.     Monitors 5.     Polite Speech Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Tomell Ceasar. He is the Group Head of Ethics and Compliance at Careem (An Uber Company). He is one of the founders of the Middle East and Africa Compliance Association (MEACA). Some of the highlights include: 1.     What is it like practicing compliance in EAME?  2.     EAME is a huge amount of territory to cover with many different countries and cultures?  3.     How does that play into compliance for the region? 4.     Training in EAME. 5.    Genesis of MEACA. 6.    What do you and the other founders hope to accomplish through MEACA?  7.    What are the requirements for membership? Resources Tomell Ceasar on LinkedIn Middle East and Africa Compliance Association Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere and Chair of the Ethisphere’s Business Ethics Leadership Alliance. Some of the highlights include: 1.     Ethisphere announces the 2023 World’s Most Ethical application process.  2.     What is the application process? 3.     What is the Ethics Quotient and why is it such a useful measure?  4.     What are the 5 categories of evaluation? 5.     Why is going through the application process itself so useful? 6.     How can a company use it as a benchmarking exercise? 7.     How does the Ethisphere “The Sphere” interact with the application process? 8.     What are the 6 archetypes of value creation? Resources Erica Salmon Byrne Ethisphere World’s Most Ethical Companies application process, here Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Harvard Business School Professor, author of the book Purpose + Profits, How Business Can Lift Up the World. Some of the highlights include: 1.     Why this book and why now? 2.     His personal journey to ‘purpose’. 3.     Is this book an extension of his earlier work around white-collar crime and anti-corruption compliance.  4.     What trends bring together both business goals and broader societal goals? 5.     How did technology and social media help this change? 6.     What is the role of Gen Xers and Millennials? 7.     How can or should a company data analytics into this change? 8.     What are the 6 archetypes of value creation? 9.     What is the Southwire “12 for Life” story?  10.  Why did your student’s attempt to replicate it fail and what lessons did you draw from that failure.  Resources George Serafeim at the Harvard School of Business George Serafeim on Linkedin Purpose + Profits on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Susannah Hammond, Senior Regulatory Intelligence Expert at Thomson Reuters, on the firm’s 2022 Cost of Compliance Report. Some of the highlights include: The genesis of this report. Why can this Report be seen as cathartic? What was the genesis of this report? What areas have the greatest need for compliance functionality? What are the top 3 challenges for compliance functions and compliance professionals over the next 12 months? Why is culture still such a challenge? Where does the Report see compliance down the road Why will changes in regulations continue to be a key challenge? How concerned are compliance professionals about CCO and compliance personnel liability? Resources Susannah Hammond on LinkedIn 2022 Cost of Compliance Report, here Thomson Reuters Regulatory Intelligence website The Compliance Clarified podcast series Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Ty Francis, Chief Advisory Officer at LRN. We dive deeply into a recently released LNR/Tapestry Networks Report on Assessing Corporate Culture: A Practical Guide to Improving Board Oversight. Some of the highlights include: The genesis of this report. How does the Report serve as a roadmap to a clearer picture of the company's ethical culture? How can the Report help determine how to improve culture throughout the enterprise? Who should a Board collaborate with, and how? How does the work LRN conducts help organizations foster more effective collaborative cultures? How do you prioritize culture on the board agenda? What is the challenge to the board's culture? How does a Board measure and monitor? How does a Board articulate the desired culture?  How can a Board establish clear communication? Resources Ty Francis on LinkedIn LRN Assessing Corporate Culture: A Practical Guide to Improving Board Oversight Tapestry Networks Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, a partner at Morrison and Foerster. This episode considers some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for February 2022. Highlights of this podcast include: KT FCPA Resolution Roger Ng was convicted at the FCPA trial. Resources James Koukios on the MoFo website February International Anti-Corruption Newsletter here Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Mary Inman, partner at Constatine Cannon. We look at recent developments in whistleblowing and how the Ukraine War has increased the visibility of whistleblowers. Highlights of this podcast include: Whistleblower Reward Program at the US Treasury Department/FinCEN – what is its relevance to corruption, anti-money laundering and the Ukraine conflict. The House Committee on Financial Services voted to strengthen the U.S. Treasury’s Anti-Money Laundering (AML) whistleblower program. What does this mean for this nascent program? How does a minimum whistleblower reward threshold, whistleblower incentives and injects more certainty into the Anti-Money Laundering whistleblower program. How has expanding AML whistleblower rewards to cover laws applicable to Russian sanctions, Congress enlisted the help of the private citizenry. Lisa Monaco recently spoke about the government relying on corporations to ID instances of money-laundering and other activities to help enforcement Russia economic sanctions and broader trade sanctions. Are private citizen or other whistleblowers as a key component of this fight? How has the Ukraine War raised the profile of whistleblowers and whistleblowing? Starting with SOX, then Dodd-Frank and the AML Law of 2020 has the US government began to understand whistleblowers as a key component in the fight against fraud, waste and abuse. Has the government embraced these same strategies and tactics in the wider fight against corruption? Tribute to Chuck Grassley for his advocacy of whistleblowers.  Resources Mary Inman on Constantine Cannon website Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Keith Williamson and Henry Chambers, Managing Directors at Alvarez and Marsal. We look at the firm’s Threatscape Report. Highlights of this podcast include: A.    Threat 1-ABC Threats Why do you see a potential increase in anti-corruption investigations? In addition to the US under the FCPA, do you see other countries actively assisting US authorities in ABC investigations? The new DOJ Monaco Doctrine reinstates the Yates Memo, and the DOJ focuses on individuals. What does this mean for ABC investigations? What are some of the key challenges in handling investigations in China? How does this increase in ABC enforcement impact M&A? B.     Threat 2-Fraud and Digital Asset Fraud Threats What are digit assets and digit asset fraud? The US has not yet released many regulations regarding cryptocurrency. What is the role of other countries in such regulation, if any? Why is the Ukraine war the first ‘digital asset war’? How have the worldwide sanctions against Russia impacted the growth and use of digit assets? What key controls and screen tools for digital assets that you advocate a company employ? C.     Threat 3-Data Privacy and Data Protection What is the Personal Information Protection Law, and how does it relate to the Chinese State Secrets and Data Security Laws? How can a non-Chinese company get data out of China? What are some key components of a compliance program for this new law? How does this new law impact investigations in China? Resources Threatscape 2022 report. Keith Williamson, MD, and Head of Disputes and Investigations in Asia. Henry Chambers, Senior Director, Disputes and Investigations. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Scott Garland, Managing Director, Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring at Affiliated Monitors, Inc. Some of the areas we discuss include Garland’s professional background and current role. We look at some of his work at the DOJ including his role as the Deputy Chief, National Security Cyber Specialist and his work as Office’s Professional Responsibility Officer. We discuss his move to AMI and the types of monitorships Garland hopes to work on, as well as his thoughts on the role of a monitor. We conclude with some of Garland’s top recollections from UM Law School.  Resources  Scott Garland bio on AMI. Affiliated Monitors Inc. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we consider some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for January 2022. Highlights of this podcast include: Opinion Release 22-01. Summary Judgment granted in bribery related breach of contract case-use of bribery allegations to get out of contract. FIFA defendants raise local law defense. What is it and how is it raised and why it has never been successful in a FCPA context Former CEO of Pemex charged. Is Mexico finally stepping up to ABC enforcement? South African anti-corruption commission. Will this finally help SA move past capture and a culture of corruption. Resources James Koukios on the MoFo website January International Anti-Corruption Newsletter here Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I welcome back Flex Vice President of Global Trade, Josh Fitzhugh, who visits about the challenges in economic and trade compliance since the Russian invasion of Ukraine. Topics include Current role Pre-conflict preparation How were you able to mobilize for such robust economic and trade sanctions? Some of the biggest challenges early in the conflict? What are some of the biggest challenges your team currently faces? What new challenges do you see in Q3 or further down the road? Resources Josh Fitzhugh on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I welcome back Ethisphere President and Chair of the Business Ethics Leadership Alliance, Erica Salmon Byrne, who talks about an exciting new innovation and service offering called The Sphere. Through this offering and for the first time, Compliance  Professionals can easily benchmark against the practices of companies with exceptional programs, to identify gaps, benchmark and access a wealth of insights and resources to guide improvements. Key areas we discuss on this podcast are:  What is The Sphere?  The data and resources built into it. The ease of access. Where can listeners find this podcast. Resources Ethisphere The Sphere Erica Salmon Byrne on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I welcome Loren Steffy, now podcast host. Steffy is in the middle of a limited series on the theft by Russian President Putin on the publicly traded Yukos Oil Company back in 2007.  Key areas we discuss on this podcast are:  Why this series and why now.  What is the genesis of this story? Who is Bruce Misamore and what was his role in Yukos. Where can listeners find this podcast.  Resources Putin’s Oil Heist on Stoney Creek Publishing Loren Steffy on LinkedIn Putin’s Oil Heist on the Compliance Podcast Network Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I welcome back Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022. Key areas we discuss on this podcast are:  Q1 brought resolutions that were excellent examples for training and increasing understanding of compliance issues.  One of the more difficult aspects of compliance is scoping investigations. View input from your monitor as an opportunity to truly improve your processes, procedures, and controls. Having a positive relationship with them is hugely valuable. Developing an investigation plan and protocols is an iterative process. Changes to the SEC Whistleblower program. Anti-corruption implications of the Russian invasion of Ukraine.   Resources Hughes Hubbard & Reed website Mike DeBernardis  Coburn and the Attorney/Client Privilege Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I visit with Scott Schneider, Head of Content Development at Traliant. Scott has been in the compliance space for over 15 years and is passionate about the building blocks of a best practices compliance program, including Codes of Conduct. This week we take a deep dive into the foundational backbone of every compliance program, the Code of Conduct.  Some of the highlights include: ·      Importance of  Code of Conduct training. ·      Types of Code training. ·      Why have a Code of Conduct? ·      How does a Code of Conduct help establish culture? ·      Key areas the Code should cover? ·      How should a company develop its Code of Conduct? ·      When should a Code be revisited or reassessed? ·      The roles of Codes of Conduct and training down the road into 2025 and beyond?         Resources Scott Schneider on LinkedIn Traliant website Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by John Warren Vice President and General Counsel at the Association of Certified Fraud Examiners. We discuss the 2022 ACFE Report to the Nations, which is the most comprehensive report on the global scourge of fraud. It is a fascinating look of how fraud occurs, where is occurs and the steps you can take to prevent it. Some of the highlights include:  What is the ACFE Report to the Nations? How often is it released? What are you trying to capture? What are some of the big picture findings of the Report? What is the annual cost of global fraud? Why are hotlines so critical to fraud detection? What is the fraud tree? What are the 5 critical areas of occupational fraud reviewed? What does the Report to the Nations tell us about corruption? What detection/prevention areas are the most effective for corruption? You can download a copy of the ACFE 2022 Report to the Nations by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I visit with Claire Worledge. Claire is an internal auditor by professional training. She is the author of Data Analytic Secrets. We visit about her book and her work to bring greater visibility to data analytics to the internal audit profession and the wider compliance profession. Some of the highlights include: What is data visualization? What do you see as the role of data analytics in internal audit? Why Claire wrote Data Analytic Secrets  and the audience for the book. How can data analytics and visualization be used in fraud prevention?  How about anti-corruption/anti-bribery programs?  How can internal audit be best used in an anti-corruption/anti-bribery program? What is the intersection of internal audit and internal control?         Resources Claire Worledge on LinkedIn  Aufinia website Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I visit with Dave Lefort, Managing Director at Compliance Week. We take a deep dive into the upcoming Compliance Week 2022 National Conference, detailing the Keynote speakers, panels, conversations and breakout sessions. If there is one compliance conference, you should attend Compliance Week 2022 is it. Listeners to the podcast can get a special discount to the conference of $200 with the discount code TFLAW $200 OFF. Registration and agenda here. If you want more details on why should you attend Compliance Week 2022? Find out in this podcast series featuring speakers at CW 2022. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I visit with Mike Volkov. Mike recently did a three-part blog post series reviewing the DOJ trial strategy, successes and failures and approach of the antitrust division. In this podcast we take a deep dive into FCPA trials, other white collar fraud trials and antitrust trials the DOJ has had over the past few years. We assess the key approaches, discuss some important wins and unfortunate stumbles.     Resources Mike Volkov on Corruption Crime & Compliance Part 1 - A Mixed Bag Part 2 – Big Victories and Misguided Targets Part 3 – Antitrust Division Stumbles Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report I visit with Gordon Graham. Gordon is a successful whistleblower who told his tale in the book The Intrepid Brotherhood. In this book, Graham discusses how corruption threatened to ruin jobs and harm lives. The leadership at the top of the organization used intimidation, distrust, and secrecy to control the Chelan County Public Utility District showing that control and power can corrupt even the most ethical organization’s integrity—unless someone speaks up. Which Gordon Graham did. In this podcast, he tells his story.  Resources website: www.intrepidbrotherhood.com LinkedIn: linkedin.com/in/gordon-graham-57385319a Facebook Author Page: In Search Of Aristotle | Facebook Learn more about your ad choices. Visit megaphone.fm/adchoices

This episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this concluding Part 2, we take a deep dive into the Lisa Monaco Speech focusing on how the DOJ might look to access corporate culture, the Speech’s effect on the Benczkowski Memo, using the Monaco Speech and other external information for internal corporate presentations and the DOJ reviewing other corporate misconduct.  Resources Matt Galvin on LinkedIn Dan Kahn at Davis Polk Learn more about your ad choices. Visit megaphone.fm/adchoices

This episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this Part 1 we take up the key issues around dealing with the DOJ including the factors which go into the decision to self-disclose, incentives and disincentives in compliance programs, internal investigations including who is involved and scoping an investigation, presenting information to the DOJ during the pendency of an investigation and negotiating the final settlement and post-resolution; including both ongoing reporting and continuing innovation in your compliance program.  Resources Matt Galvin on LinkedIn Dan Kahn at Davis Polk Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Stewart Bishop, reporter at Law360. We discuss his coverage of the Roger Ng trial currently ongoing in New York. Highlights in include: ·      Roger Ng relationship to 1 MDB scandal. ·      Pre-trial issues. ·      Timothy Leissner, direct and cross. ·      Assessing the judge and jury.  ·      The discovery dispute. ·      Covering such a lengthy trial.          Resources Law360 Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined Susan Divers, Director of Thought Leadership at LRN. We discuss recently released LRN Ethics & Compliance Program Effectiveness Report. Highlights in include: What is the LRN Ethics & Compliance Program Effectiveness Report? What does it measure? How is it generated? Why is culture so critical? What are the values in values? What is LRN’s High Performance Premium? What are the roles of managers and leaders? What are the keys to effective training? What will the new normal for compliance programs look like going forward? The issue of culture and values down the road into 2025 and beyond.         Resources Susan Divers LRN Ethics & Compliance Program Effectiveness Report Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Exiger Board Chair Michael Beber. He returns to the podcast to talk about the current state of Special Purpose Acquisition Corporations (SPACs).Highlights in include: ·      SPACs in 2021 by the numbers. ·      Uses and misuses of SPACs. ·      Money being invested in SPACs.    ·      Why SPACs can still be such a powerful tool. ·      What will be the SPAC market like going forward?          Resources Exiger Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere. We discuss the announcement of Ethisphere’s 2022 World Most Ethical Companies awards. This year’s most stunning announcement is a 5-year Ethics Premium of 24.6%. Other highlights in include: A deep dive into the Ethics Premium, including the reasons for the dramatic growth of the past 5 years. 2022 had the highest number of new companies on the list. Who were some of these first-time honorees? The non-US centric number of honorees. The Ethics Quotient-how is it calculated?    Why is the Ethics Quotient such a powerful tool for the compliance professional? How to get your company involved in the World’s Most Ethical Companies process.          Resources Ethisphere 2022 World’s Most Ethical Announcement Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody from Washington & Lee Law School. We discuss the recent filing by attorneys for Elon Musk and Tesla to revoke the previously agreed to Consent Decree over his 2018 tweets about taking Tesla private at $420 per share and then withdrawing it a week later. Highlights in include: ·      What is the legal basis for the Motion? ·      Can a court hear an equitable claim for a regulatory consent decreed? ·      What is the remedy Musk is seeking?    ·      What about his $20MM fine, which has been paid? ·      Is the SEC harassing Musk for alleging violations of the Consent Decree?         Resources Motion to Terminate Consent Decree Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Mikhail Reider-Gordon, Managing Director at Affiliated Monitors, Inc. We discuss conflicts of interest with some very high-profile examples torn literally from the headlines. Highlights include: ·      What exactly is a Conflict of Interest and how does it differ from self-dealing, nepotism? ·      Is a COI purely an ethical problem or are there are situations where COIs are illegal? ·      COIs in the news of late and in some surprising places?    ·      Have there been other examples across industries? ·      The Courts, the Fed, SCOTUS? ·      Do you ever come across COIs in your work?         Resources Original Posting on podcast on Integrity Through Compliance Mikhail Reider-Gordon at AMI Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In Part 1, we considered the potential U.S. sanctions if Russia invades Ukraine. In this Part 2, we discuss what you can do to prepare for such an eventuality. Highlights in include: First, ascertain your exposure and consider how some or all of these actions would impact your business.  Check your sanctions screening policies and procedures and check your customers and business partners in real time against global sanctions lists.  Identify all of your contracts with Russian entities or individuals and review your contracts for compliance with law clauses, notice clauses, and termination provisions. Know your customer.  Identify what, if any, items, or technology you are exporting to Russia and any transactions with Russian entities that have ongoing or continuing obligations.  Take a look at your supply chain to avoid business interruption.  Identify whether you have any outstanding debts from Russian entities or individuals, and, if so, promptly purse collection activities.  Identify any procurement or manufacturing activities for goods intended for Russia and consider whether you can safely postpone or delay those activities, especially if you are dealing with specially designed or non-fungible goods (without breaching any contracts or risking failure to meet deadlines). Resources Matt Silverman on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In this Part 1 of a special two-part podcast series, we look at issues related to potential sanctions against Russia, Russian individuals and Russian interests if Russia invades Ukraine. In Part 2, we will discuss what you can do to prepare for such an eventuality. Potential sanctions we review in this episode ininclude: Impose a comprehensive or near-complete embargo of Russia. Impose additional sectoral sanctions on certain Russian industries. Prohibit exports of certain items or technology to Russia. Designate Russian entities under the Foreign Direct Product Rule. Add specific Russian entities or individuals to OFAC’s Specially Designated Nationals and Blocked Persons List (“SDN”). Prohibit Russian entities from accessing the U.S. financial system/using U.S. dollars and/or sanctioning foreign banks that conduct transactions with sanctioned Russian entities. Prohibit U.S. persons or entities from investing in Russian companies, requiring divestment, and/or sanctioning foreign entities that buy Russian government bonds. Impose “secondary sanctions” on entities or individuals that conduct certain transactions with Russia. Freeze Russian assets located in the U.S.  Ban U.S. financial assistance to Russian entities. Withhold U.S. aid to any organizations that assist Russia. Prohibit imports and/or impose high tariffs on specific Russian imports. U.S. State-Level Sanctions: States may enact laws that prohibit business with, or require divestment of shares in, firms that conduct certain transactions with Russia. Resources Matt Silverman on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we consider some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for November 2021. Highlights of this podcast include: OECD Updates Recommendation for Combatting Foreign Bribery Federal District Court Dismisses FCPA and Money Laundering Charges Against Swiss Wealth Manager SEC Reports Surge in Whistleblower Tips and Awards Former Coal Executive Pleads Guilty to Egyptian Bribery Scheme Adoption Agency Manager Pleads Guilty to Uganda Bribery Scheme Resources James Koukios on the MoFo website November International Anti-Corruption Newsletter here Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we take a deep dive into the Lisa Monaco speech from October and related remarks from other DOJ representatives about the DOJ refocus on white collar enforcement and related issues. Highlights of this podcast include: ·       Who is the DAG and what does that position entail? ·       Reinstatement of Yates Memo. ·       Does this change an investigation focus? ·       The new focus on culture and how do you assess corporate culture? ·       What about reports of all violations, enforcements and even investigations even is outside FCPA?  ·       What are the implications of this change? ·       How will all this work with current FCPA Corporate Enforcement Policy? ·       The revocation of Benczkowski Memo. What are the implications? ·       The new focus on monitorships? ·       What about recidivists or those who fail to meet the obligations of their DPA/NPA? Resources James Koukios on the MoFo website.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by fan favorite Mike DeBernardis, partner at Hughes Hubbard. In this episode we look at compliance and temporal timeline developments from Q4 2021. Highlights of this podcast include: A deep dive into the Lisa Monaco speech, how it impacted the compliance temporal timeline whether it was a change or recalibration. Anti-Trust developments. The Biden Administration Strategy on Countering Corruption? Compliance in 2022 and moving forward. Resources Mike DeBernardis on HughesHubbard website.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Andrew Neblett and Brian Beeghly, co-founders of Informed360 who recently joined forces with Ethisphere. Highlights of this podcast include: Tells us about Informed360 platform Why did you decide to join Ethisphere? How will the Informed360 solution be integrated into the Ethisphere offering(s)? As a combined company how will this improve compliance offerings? How will you be able to take data and provide insights for enhancement of compliance programs? Their roles at Ethisphere moving forward.  Resources Check out the upcoming webinar Turning Ethics and Compliance Insights into Action. Register at Ethisphere.com/events Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Gordon Firemark, from the Firemark Law Firm. Gordon was one of the first lawyers working on the legal side of podcasting. He returns to update us about legal developments in the world of podcasting, how the podcast market has developed and what is new at Firemark Law. Highlights of this podcast include: What’s new in the legal world for podcasters? What are the key legal risks podcasters need to think about? How have you seen the podcast market develop? Where to you see the market going? What’s new at Firemark Law? Resources Firemark Law Firm Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Mike Volkov to take a look back at FCPA enforcement and compliance from 2021 and prognosticate to where it may be going in 2022. Highlights of this podcast include: Three FCPA enforcement actions. DAG Lisa Monaco’s October Speech to the ABA White Collar Defense Conference. The Biden Administration’s Strategy on Countering Corruption. Where will FCPA enforcement head in 2022. Where will ABC compliance go in 2022? Resources Tom in the FCPA Compliance and Ethics Blog FCPA Year in Review Compliance Year in Review Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody. We discuss the recent SEC enforcement actions involving JPMorgan and Nikola which were announced in December 2021. Highlights of this podcast include: Background on both cases. Why was the SEC so excised with JPMorgan? What are the broader lessons for the Compliance Professional? Compliance Consultant or Monitor or both? Nikola and the trouble with SPACs? What is the intersection of puffing, faking it til you make it and illegal conduct? SPACs and Due Diligence. Could Nikola change the SEC approach to SPACs? From visionary to founder to CEO of a public company? The shadow of Elizabeth Holmes? Resources-Tom on the FCPA Compliance and Ethics Blog JPMorgan Nikola Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit with John Katsos, Assistant Professor and Scholar at American University of Sharjah. John has researched and performed due diligence in conflict zones in the Middle East and Africa. He was part of a research team that published a series in the Big Idea section of the Harvard Business Review entitled Preparing for the Era of Uncertainty, which is a must read for every compliance professional. He brings a unique perspective to a variety of compliance topics. Highlights of this podcast include: Academic and professional background. Why due diligence in conflict zones so difficult? What are some of the important differences in performing DD in conflict zones? What are some keys to successfully performing DD in conflict zones? Key lessons you observed on DD in Cyprus? Where did you come up with the idea for this series of articles, Preparing for the Era of Uncertainty? A discussion of each article in the series.? What is it like teaching anti-corruption and other forms of compliance outside the US? How do you see your work tying into a broader ESG discussion? How does climate change and migration across borders influence your thinking? Resources Preparing for the Era of Uncertainty-Harvard Business Review John Katsos website, including some great research and papers John Katsos LinkedIn profile Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, President of Exiger. Brandon is a long-time favorite on the FCPA Compliance Report and he always brings a unique perspective to a variety of compliance topics. In this episode, we look at the Theranos case from a very different angle than the criminal fraud trial of Elizabeth Holmes. We consider the due diligence lessons from Theranos. Highlights of this podcast include: What is the difference in ongoing due diligence v. point in time due diligence?  How does Due Diligence on potential investments different (or not) from DD on other types of 3rd parties? What type of areas should you look at in DD of potential business partners/investments? How do you perform DD on leaders or senior management of potential business partners/investments? What people or skill sets should be on your DD team? For instance you would you suggest have been on a DD team to evaluate Theranos? How do you evaluate the risk or are you simply trying to ID red flags? Does DD provide insight into the leader of a potential business partners/investments continuing after the deal is done? Resources Brandon Daniels on Exiger website Pre-investment, IPO and Fund-Raising DD Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit with Kyle Brasseur, new appointed Editor in Chief at Compliance Week. We talk about Kyle’s professional career at ESPN, his move to Compliance Week, highlights of his work at CW and CW down the road. Highlights of this podcast include: 1. Early professional career and roles at ESPN? 2. What brought him to CW. What roles held at CW. 3. Some favorite projects at CW. 4. His move into the EIC Role 5. What are some of his goals moving forward as EIC? 6. Inside the Mind of the CCO Survey Report and long form reporting this year.  7. Compliance Week 2022 Conference. How can listeners register? What is the Ambassador Program and how can listeners participate? Resources Compliance Week Kyle Brasseur LinkedIn profile Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit with Kevin O’Brien, partner at Ford O’Brien in NYC. Kevin is a long-time white-collar defense lawyer and former AUSA in the Eastern District of New York. We take a deep dive into the Elizabeth Holmes trial, critiquing both the prosecution and defense. Highlights of this podcast include: Professional background and current practice. Why is this trial so significant?  Strength(s) of the prosecution’s case? Did you think the prosecution was successful in its case in chief? What about the defense case? What did you see as the strengths of the defendant's case-in-chief? Did the prosecution leave any openings for the defense? Was Holmes playing the gender, abused spouse card warranted? Putting Holmes on the stand was and is a huge risk. What are the benefits/downsides? Does Holmes testimony to date remove or take away the gender/abused spouse defense she pushed pretrial? Where else can the defense go? Resources Ford O’Brien LLP Kevin O’Brien firm profile Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I visit with Irene Kaushansky, Associate Director of Compliance and Operational Integrity at Global Fund to End Modern Slavery. Irene is passionate about the fight against Modern Slavery and Human Trafficking. She talks about the Fund and its mission in this podcast. Highlights of this podcast include: What is the Global Fund to End Modern Slavery? What is the problem of of modern slavery? How does the organization accomplish this mission? Why is the private sector so critical to fighting this international scourge? How does the organization work with the private sector? What is some of the impact the Global Fund has achieved? How to get involved with the Global Fund. Resources Global Fund to End Modern Slavery Irene Kaushansky on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I visit with Miller & Chevalier members John Davis and James Tillen. We take a deep dive into the WPP Foreign Corrupt Practices Act enforcement action. Highlights of this podcast include: What the basic facts? What were the missed red flags and M&A failures? When do compliance incentives become perverse? What were the investigative failures? What made the Chinese bribery scheme so unusual? The Peru bribery scheme was across national lines. Does that make it harder to detect? Where is the DOJ? Where is the SFO? How did WPP get a resolution with no monitor? Resources John Davis James Tillen Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I visit with Mary Inman, partner at Constantine Cannon. She runs the firms International Whistleblower practice from London. Highlights of this podcast include: The power of internal whistleblowing. EU whistleblower Directive.  FCA whistleblowers. SEC bounty program as a model for other federal agencies. CFTC whistleblower awards. Where is whistleblower regulation headed.  Resources Mary Inman on Constantine Cannon website.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I have thrilled to have back fan favorite Mike DeBernardis, partner at Hughes Hubbard. Mike is back for our quarterly FCPA and compliance review and in this episode, we look at highlights from Q3 2021. Highlights of this podcast include: FCPA Enforcement Actions-WPP and Credit Suisse. What are the key lessons learned? What does it mean to extend at DPA? Pandora Papers-how do you think this will drive the move for greater transparency around trusts and other opaque corporate forms? SEC a.       Increased enforcement and admissions of liability in settlement docs. b.       ESG Reporting requirements-what does this mean for corps c.       Increased scrutiny for both crypto and SPACs 5. National Security Directive coming out in December. 6.HughesHubbard annual FCPA alert Resources Mike DeBernardis on Hughes Hubbard website.     Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I conclude a special two-part series with Matt Silverman on trade compliance. Matt leads the VIAVI Global Trade team and provides strategic guidance to management on international regulatory requirements - including customs, export controls, embargoes, sanctions and antiboycott laws - enabling compliant movement and market access for VIAVI's products, software, technology and services. Highlights of this podcast include: 1.         What are the key components of a best practices trade compliance program? 2.         It seems to me that trade compliance is even more important coming out of Covid 19 and into our ‘new normal’.  3.         What would you tell a young compliance professional about focusing on trade compliance? 4.         Where do you see trade compliance down the road in 2025 and beyond?  5.         Where does trade compliance fit into ESG? Resources Matt Silverman on LinkedIn Articles Navigating the Line Between US Export Controls and Anti-Discrimination Laws,  Export Compliance Manager, Issue 12, April 2021   Ensuring Export Compliance in Activity-Based Working Spaces, Home Offices,  International Trade Blog, March 3, 2021 Navigating Export Compliance, CEP Magazine, March 2021   What HR Needs to Know About Export Compliance and Deemed Exports, International Trade Blog, January 11, 2021  Championing Your Compliance Program, CEP Magazine, November 2020  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I begin a special two-part series with Matt Silverman on trade compliance. Matt leads the VIAVI Global Trade team and provides strategic guidance to management on international regulatory requirements - including customs, export controls, embargoes, sanctions and antiboycott laws - enabling compliant movement and market access for VIAVI's products, software, technology and services. Highlights of this podcast include: What got Matt interested in trade compliance?  What is trade compliance?  Why has trade compliance become not only more challenging but more important in the corporate world? Under the prior administration, it seemed like new sanctions were announced almost daily. Has that pace of sanctions continued under the current Administration? Join us next week for Part 2 where we dive into a best practices trade compliance program, trade compliance into 2025 and beyond and trade compliance and ESG. Resources Matt Silverman on LinkedIn Articles by Matt Silverman Build A Visitor Management Program That Ensures Export Compliance, International Trade Blog, July 7, 2021   Employee Behavior and Workplace Culture: Measuring Your Training’s Impact, Ethikos, July 2021   Export Compliance & Anti-Discrimination: Best Practices to Resolve Competing Interests,  PLI Chronicle: Insights and Perspectives for the Legal Community, June 2021  Considerations and Challenges in Developing Compliance Training, CEP Magazine, May 2021  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I am joined by Trish Refo, Immediate Past President of the ABA. Trish recently penned an article for the ABA magazine entitled “Lawyers in the Public Square”. In this article Trish spoke about the need for lawyers to do more then to simply follow the law but to “model civility and respect in broader society and in the public square”. We discuss the article and some of Trish’s highlights as President of the ABA. Highlights of this podcast include: Why Trish wrote ‘Lawyers in the Public Sqaure’? When we were sworn in, we took an oath to follow the laws and constitution our state. Do we owe more as lawyers? Why do you feel lawyers have a duty to “model civility and respect in broader society and in the public square”? You wrote about the need for lawyers to engage in ‘self-examination’ as a profession. Why do we need to do so? Why do lawyers need to do more than ‘avoid violation of the rules’? Why do you believe lawyers bring ‘real morality into the legal consciousness’? What is the role of the ABA in facilitating this self-examination? Why is the role of the ABA as important as it has ever been? How can lawyers get more involved in this effort through the ABA? How can law firms help facilitate this conversation through the ABA? The 3 things you are most proud from tenure as President of the ABA? Resources Wilmer and Snell Lawyers in the Public Square Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Cherie Taylor, Vice President, Associate Dean for Academics, Professor of Law, and Director of Institute for International Legal Practice & National Security at South Texas College of Law Houston. We discuss the school’s new initiative in the compliance arena. Highlights of this podcast include: Professional background of Dean Taylor.  Her work at South Texas College of Law Houston. STCL’s Institute for International Law and National Security. A Certificate Program in Compliance. International transactions and compliance. STCL at 100 and beyond. Resources Dean Cherie Taylor South Texas College of Law Houston STCL International Legal Practice and National Security Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Bill Athanas, partner at the Waller Law Firm in Birmingham. Bill is a former DOJer in the Fraud Section who worked on FCPA enforcement actions in the first decade of the 21st century before moving to the US Attorney’s Office in Birmingham. From there he moved to the Waller Law Firm. Highlights of this podcast include: His work at Main Justice and later in the US Attorney’s Office in Birmingham. Nature of his current practice. Why the Principles of Federal Prosecution (PFP), Justice Manual, §9-27.001, are so critical to a white collar defense practice. A lengthy discussion of his article Am I Going to Get Indicted? UT moving to the SEC. For more information on The Waller Law Firm, check out their website here. Check out Bill’s profile here. Check out Bill’s article, Am I Going to Get Indicted? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Randy Sorrels, an old colleague in the legal practice from Houston. Randy is also a former President of the State Bar of Texas. He also started a new law firm with his wife Alex at the height of the pandemic. He visits about his new law firm, his innovative use of social media and real commitment to bringing diversity to his practice. Highlights of this podcast include: Professional background and what he learned at his prior firms. A confluence of events led to his open The Sorrels Law Firm. Hiring talent that is not only diverse racially but also diverse in professional backgrounds beyond law. Trying cases during a pandemic. Practicing law as a trial lawyer in 2021. Innovative use of social media to publicize the new law firm. The importance of the State Bar of Texas. What SealPT meant to the both of us. For more information on The Sorrels Law Firm, check out their website here. Check out Randy’s profile here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Lisa Beth Lentini Walker and Stef Tschida, co-authors of the book Raise Your Game, Not Your Voice. They explain what happens when a compliance professional and communications expert sit down and write a book. Their book presents actionable insights into how to forge relationships across the organization, craft a compelling compliance narrative, and spur your audience to action. Highlights of this podcast include: Their professional backgrounds.  Why they wrote the book. Why storytelling is so critical in compliance. How to set up a communications plan for your compliance messaging. Why it is necessary to become an organizational scholar.  Top takeaways from the book by both Lisa Beth and Stef.  How to use the book.  Raise Your Game, Not Your Voice was published by CCI. It is available for purchase in bound and eCopy formats here. Purchase on Amazon.com here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Professor Karen Woody to look at the current state of the SEC in the Biden Administration. Highlights of this podcast include: A.    SEC-Early Impressions SEC debate in the public arena between the commissioners.  Early impressions of SEC Chair Gensler. What are some of the top priorities you have seen so far from the SEC? Has new enforcement life been breathed into the SEC? B.     Specific Topics Where will SEC enforcement go on SPACs? Will Lordstown Motors be a harbinger or simply just another accounting fraud? Non-bribery FCPA enforcement under books and records/internal control provisions. Does Tandy Leather continue this trend? What, if any role will SEC have in crypto regulation as a commodity? Or is it a financial instrument of some type? What other areas you are watching from the SEC for either guidance or enforcement? C.     Into the Future How, if any has the Coronavirus health crisis changed the SEC’s approach? When might we see the SEC under Gensler start to hit its stride?  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav James Koukios to review the Morrison & Foerster April International Anti-Corruption Newsletter.  Highlights of this podcast include: UK Subsidiary of Aircraft Manufacturer Pleads Guilty to Saudi Arabia Bribery Scheme. Former Brazilian Petrochemical Company CEO Pleads Guilty to Brazil Bribery Scheme. Prosecution at the very top of an organization. What type of message does that send? Former Barbados Official Sentenced for Laundering Bribe Payments. Former Logistics Company Executive Sentenced for Scheme to Bribe a Russian Official.   Former Employee of Switzerland-Based Commodities Firm Pleads Guilty in Connection with Ecuador Bribery Scheme.  Resources  James Koukios on the Morrison & Foerster website MoFo April International Anti-Corruption Newsletter here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav James Koukios to review the Morrison & Foerster March International Anti-Corruption Newsletter.    Highlights of this podcast include: Scottish Oil and Gas Company Resolves Kazakhstan Bribery Allegations in Scotland. Why is Scotland prosecuting compliance? UK Serious Fraud Office Ends Foreign Bribery Investigation into KBR. UK to Launch Corruption Sanctions Regime in 2021. What does it mean for US or other non-UK companies?  Former CFO of New York-Based Hedge Fund Ordered to Pay Civil Penalty. Follow on from Och-Ziff, what is that case’s legacy? Oil Companies Acquitted in Italy over Nigeria Deal. Use to explore the prosecution’s theory of liability and how that could change compliance. Resources  James Koukios on the Morrison & Foerster website MoFo March International Anti-Corruption Newsletter here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav and now Hughes Hubbard & Reed partner Mike DeBernardis. We take a look back at some of the key enforcement actions and issues from Q2-2021.    Highlights of this podcast include: FCPA prosecutions. In the corp sphere, only one doesn’t really mean anything going forward. FCPA Individual Prosecutions. Is the Yates Memo finally leading to results? Anti-Trust. Will the focus on the large enforcement actions against Big Tech lead to an overall reduction or will the Division be going strong against all forms of anti-competitive behavior? FCA, Fraud in PPP and PPE. Where to you see this going? What about SEC enforcement actions? Will we see more in the areas of accounting fraud, SPACs, climate change and ESG areas? Do CCOs really need to worry about individual enforcement actions? What about environmental crime enforcement actions? Resources  Mike DeBernardis on the HughesHubbard website Mike DeBernardis on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I visit with three lawyers from Miller & Chevalier to discuss the Summer 2021 Edition. I am joined by Lauren Briggerman, Katherine Pappas and Ian Herbert. We take a deep dive into key areas of white collar enforcement and issues that every compliance, legal and business executive should be aware of going forward into the second half of 2021. Some of the highlights include: Lauren Briggerman What are some of the significant developments in cartel investigations and prosecutions involving senior execs? What have you seen around wage-fixing and price fixing? Yet more prosecutions in the poultry industry. Why have we seen so many over the past few years? Anything new on the extradition front? We saw additional charges and a settlement regarding auto emissions testing fraud. Where do you see this issue internationally? Katherine Pappas What has been the impact of the pandemic on white collar prosecutions? Where are we on government efforts to combat PPP and PPE fraud?   Anything happening on the FCPA front with individuals? Do you expect to see a pickup on the corp FCPA front in the remainder of 2021? What does the Biden administration’s memorandum on corruption as a national security issue mean for corporations and executives? Ian Herbert What did we see regarding individual prosecutions on the AML front? What about prosecutions for failures to set up AML compliance programs? What’s happening in crypto? Significant sentencings. Resources Miller & Chevalier Lauren Briggerman Katherine Pappas Ian Herbert Executive at Risk Newsletter, Summer 2021 Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Jason Mefford, a top thought leader in internal controls. We discuss his podcast Jamming with Jason, his online academy cRisk Academy and a unified theory of risk management. Highlights include: Why he began his podcast. How professionals consume information and content in 2021. Why he founded cRisk Academy. Unified risk management. What’s new in internal controls. The current state of live music. Resources  Jason Mefford on LinkedIn Jamming with Jason cRisk Academy Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Cristina Revelo. Cristina got a PhD in Compliance working at KPMG on the Wal-Mart account and later went in-house at Wal-Mart. She has a great story about how on the job training has given her a PhD in Compliance. She is now Deputy Director, Corporate Monitoring and Compliance Services at Affiliated Monitors, Inc. Highlights include: Her undergraduate career at University of Illinois and degrees in accounting. Her work at KPMG. What was it like moving over to Wal-Mart. What it was like doing compliance at the world’s largest retailer. Her current role at Affiliated Monitors. Resources  Cristina Revelo Profile on LinkedIn Affiliated Monitors The Compliance Handbook Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Miller & Chevalier Members Alejandra Almonte and Matt Ellis to discuss ¡(H)Ola Compliance!. ¡(H)Ola Compliance! is the only Spanish and Portuguese language podcast produced in the US. Highlights include: Why they started their podcast. How the compliance profession has evolved in the Latin America over the past 5 years. What was it like to interview Judge Moro? What have been two or three of their biggest surprises from hosting the podcast? Where might ¡(H)Ola Compliance! compliance be headed down the road.   Resources  Alejandra Almonte Matt Ellis ¡(H)Ola Compliance! on the Compliance Podcast Network Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Mary Ann Faremouth, founder of Faremouth and Company and inventor of the Faremouth Method. She joins me to discuss her latest book Revolutionary Reinventionand what you can do for your career in this post-pandemic workplace. Highlights include: Her book "Revolutionary Reinvention" just won the First Place Non-Fiction Award by Authors Marketing International? Why she wrote this book and its intended market. Why is alignment with the new normal so critical now? The Faremouth Method and how it can the Faremouth Method help the graduates of 2021. As we move into the next phase of Covid-19, why are the topics you wrote about even more important?   Resources  MaryAnn Faremouth on LinkedIn Faremouth and Company Books by Mary Ann Faremouth: Revolutionary Reinvention Revolutionary Recruiting Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Charles Thomas Market Planning Director for LexisNexis Risk Solutions. In this episode we take a look at the current state of risk areas around third parties, the convergence of risk solutions and future developments in 3rd party risk solutions.  Highlights include: What are the top issues clients have faced over the past 12 months? What are the key trends in international ABC enforcement? What is the convergence of compliance, mixing ABC with supply chain, procurement, sanctions and other regimes? What is the increased focus on third parties and the risks posed by such relationships?   Resources  Charles Thomas on LinkedIn LexisNexis Risk Solutions Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Greg Keating, well-known employment lawyer who focuses on whistleblower regulation and litigation.  In this episode we take a look at the current state of whistleblower regulations, case law and recent SEC awards. Highlights include: Greg recently changed firms, moving to Epstein Becker & Green, P.C. He tells us about your new firm? Why was the whistleblower provision of the Anti-Money Laundering Act of 2020 so controversial? What are you counseling clients on regarding whistleblower claims under the Biden Administration? In addition to the AMLA of 2020, what other regulatory changes have you seen from the federal government regarding whistleblowers? Are there any court cases involving whistleblowers that have gotten your attention in 2021?  2002 was the Year of the Whistleblower with Sherron Watkins of Enron, Cynthia Cooper of WorldCom and Collen Rowley of the FBI. Could 2021 be in the running for such a designation? Why is listening to those employees who raise their hands and speak up so critical? Why is a proactive approach to whistleblowers so critical?   Resources  Greg Keating on LinkedIn Epstein Becker & Green, P.C. firm profile Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by András Bácsfalvi, an AML compliance specialist in Hungary and more importantly host of the podcast Védelmi Vonalak .  In this episode we take a look at the current state of AML compliance in Hungary. Highlights include: Hungary is still a largely cash based society. How does this impact AML compliance? How  Bácsfalvi became interested in compliance.  What is a MLRO and what role does in fulfill in a compliance program? What are the challenges in anti-money laundering in Hungary?  What are some of the biggest challenges in his current role? What is your assessment of the current state of AML compliance in Hungary? The Bácsfalvi podcast Védelmi Vonalak. Why András Bácsfalvi started it, who is the audience? Resources  András Bácsfalvi LinkedIn profile Védelmi Vonalak podcast Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav James Koukios, partner at Morrison & Foerster and editor of the firm’s great monthly International Anti-Corruption Developments Newsletter. In this episode we look back to some of the key developments from the January and February newsletters. Highlights include: 2021 TI-CPI released. What value do you see in it? Do compliance professionals rely too greatly on it to determine an appropriate level of due diligence? Samir Khoury denied cert. How or why could an indictment go unsealed for 10 years? Daniel Comoretto pleads guilty. Follow on from Sargeant Marine FCPA enforcement action. KBR decision. What does it mean for the SFO? Samsung Industries resolves corruption matter thru Leniency Agreement. Paul Bond convicted on retrial. Spain extradited Alonso Ancira to Mexico. What if any is the significance to this action? Car Wash ends. How would you assess its overall impact on the global fight against bribery and corruption? Resources  January International Anti-Corruption Developments February International Anti-Corruption Developments James Koukios on MoFo Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Joey Seeber, CEO of Level Legal, an alternative legal services provider with a wide range of talented skills. We explore how an alternative legal service provider can act as an adjunct to an in-house corporate legal team, compliance function or law firm. In this Part 2, we look at Level Legal, what makes it different as an alternative legal service provider and where the company is headed down the road. We conclude with a discussion of the Baylor Bears and their 2021 NCAA Men’s Basketball Championship. Resources  Level Legal website Joey Seeber on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Joey Seeber, CEO of Level Legal, an alternative legal services provider with a wide range of talented skills. We explore how an alternative legal service provider can act as an adjunct to an in-house corporate legal team, compliance function or law firm. In this Part 1, we look at Seeber’s professional background, his time in politics, the founding of the company and its early days. Some of this episodes highlights include:  What led Seeber to run for public office and why the mayor of Tyler? What were some of the key leadership lessons Weeber learned as Mayor? What were a couple of Seeber’s top challenges/successes as Mayor? What led Seeber to found Level Legal? What makes the Level Legal approach different? Why is Level Legal a ‘Boundary Pushers’ in the legal space? Why is building long term relationships so critical to Level Legal success? What are some of Level Legal’s biggest successes to-date? Join us for Part 2 on Wednesday, May 13. Resources  Level Legal website Joey Seeber on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav and now Hughes Hubbard & Reed partner Mike DeBernardis. We take a look back at some of the early pronouncements from the Biden Administration and consider where both enforcement and regulatory oversight may be headed into the rest of 2021.  Highlights of this podcast include: What are the 3 top areas you and Hughes Hubbard are counseling clients to be aware of over the next few years? In addition to general areas the DOJ has signaled its interest in; other federal agencies are coming to life again. What should clients think about regarding expanded FTC, CFPB and CFTC oversight and enforcement? The pandemic changed the way many investigations are conducted. Other than Zoom interviews, did your substantive work really change in the areas of document review, background ETC? What about Board and senior management risk management issues. Has it changed or are these groups now focused on a broader set of risk management strategies? To the international arena. Are there any countries/regions you are watching more carefully than others in terms of ABC enforcement? Resources  Mike DeBernardis on the HughesHubbard website Mike DeBernardis on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Max Keating, CEO and co-founder of Kleos, a scheduling and payment platform for the eSports industry. We take a deep dive into eSports, the Kleos platform and how the industry is evolving from an internal controls, compliance and ESG perspective. If you do not know anything about eSports and you are in compliance, this is a podcast for you.   Highlights of this podcast include: The breadth and scope of the eSports industry? What market gap or need did you see in the eSports industry? What is the interest in fan interaction with players and celebs?  What idea(s) led to the creation of Kleos? What makes Kleos different? A portion of the proceeds from each match played on Kleos go to charity. Why is this so important to you and the company? Resources Kleos website Max Keating on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Laura Tulchin, Director at Exiger. We take a deep dive into ESG and compliance, both now and in the future in a fascinating episode about 2020, the year everything changed. Highlights of this podcast include: Why has ESG become such an important topic? What does ESG mean? Why should ESG be headed by the CCO and compliance?  How does ‘Hearts and Minds’ apply to ESG? What risk management tools can facilitate ESG? What do compliance professionals and companies need to be focusing on down the road regarding ESG? Resources  Laura Tulchin on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Quyen Truong, partner at Stroock & Stroock & Lavan. During her career in government, she worked at the Consumer Financial Protection Bureau. She joins me to talk about the CFPB under the Biden Administration.  Highlights of this podcast include: What is the CFPB? What does it regulate? What is the likely impact of Rohit Chopra to head the CFPB? What will he need to do to rebuild the morale of the CFPB?  What do you see as the direction by the CFPB in regulation and enforcement? Any new policy initiatives or directives? What is the interaction between the CFPB and the states? How might that change under the Biden Administration? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, EVP at Ethisphere. We take a deep dive into Ethisphere’s 2021 WME report and white papers on the award-winning best practices in global compliance program management, 3rd party risk management and training and communication. Highlights of this podcast include: What was the Ethical Premium for 2021? What do are the numbers? What are the best practices around remotely managing an effective global program effectively? What are the best practices around third-party risk management in 2021? What are the best practices around training and communications in the era of Covid-19? Why should you plan to attend Ethisphere’s 2021 Global Ethics Summit? Resources  Erica Salmon Byrne LinkedIn Profile Ethisphere 2021 WME Awards Leading Practices-Remotely Managing an Effective Global Program Effectively Leading Practices-3rd Party Risk Management Leading Practices-Training and Communications Ethisphere 2021 Global Ethics Summit, registration and information here. Use Code tomfox15 for 15% discount. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, the hosts of the Microsoft podcast, Uncovering Hidden Risks join me. Raman Kalyan is a Director of Product Marketing on the Microsoft 365 Security and Compliance team focused primarily on the Insider Risk Management set of solutions. Talhah Mir is a Principal Product Manager on the MIP & Compliance US OPEX team.  In this podcast, they explore a broader set of issues focused on identifying the various risks organizations face as they navigate the internal and external requirements organizations must comply with. They will take you through a journey on insider risks to uncover some of the hidden security threats that Microsoft and organizations across the world are facing. They bring to the surface some of the best-in-class technology and processes to help you protect your organization and employees from risks from trusted insiders. Highlights of this podcast include: Why did you start “Uncovering Hidden Risks”? What are insider risks? How should a corporate compliance function or risk management function think about risks inside of an organization? What are some of the tools you and your team have developed at Microsoft to help manage these risks? How do manage these insider risks in the context of data privacy? What are some of the communication strategies you advocate? What are some examples of market solutions you have developed? Resources  Raman Kalyan LinkedIn Profile Talhah Mir LinkedIn Profile Uncovering Hidden Risks Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, HughesHubbard partner Bryan Sillaman returns to discuss how a compliance professional can think through setting up an ESG program and clean energy issues. Highlights include  What are the 5 Steps to Establishing a Corporate ESG Policy.  What is the role of corporation compliance in a company ESG policy? What is the role of compliance in a clean energy discussion as so critical and how does it relate to a greater ESG discussion? What are some of the key compliance risks relevant to the clean and renewables sector? Where do you see these issues under the Biden Administration? Is it different in the EU? Recourses Keeping the ‘Clean’ in Clean Energy by Bryan Sillaman  Five Steps for PE Sponsors to Establish ESG Policies at Their Portfolio Companies to Suit the Present Moment by Bryan Sillaman and Alexandra Poe Learn more about your ad choices. Visit megaphone.fm/adchoices

Over this special five-part podcast series, I have visited with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.  While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we reviewed the key findings, saw how retaliation against whistleblowers has taken an alarming upturn, noted the impact of Covid-19 on culture. Today we close with some conclusions and recommendations. To obtain a copy of the Survey, click here. To find out more about ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.  While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we are reviewing the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In Part 4, we consider Covid-19 and its impact on employees. Join us for our concluding Episode 5, where we look at the conclusions from the GBES and its recommendations. To obtain a copy of the Survey, click here. To find out more about ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.  While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we review the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In Part 3, we consider the GBES findings around retaliation. Join us for Episode 4, where we consider Covid-19 and its impact on employees. To obtain a copy of the Survey, click here. To find out more about ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.  While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we will review the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In Part 2, we consider its key trends. Join us for Episode 3, where we discuss the troubling findings around retaliation. To obtain a copy of the Survey, click here. To find out more about ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.  While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we will review the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In this Part 1, we review some of the key trends. Join us for Episode 2, where we discuss some of the key findings from the 2021 GBES. To obtain a copy of the Survey, click here. To find out more about ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, fan fav and MoFo partner James Koukios returns to discuss the firm’s always informative Top 10 International Anti-Corruption Developments for December 2020. We focus this episode on ABC enforcement efforts from other countries.  Highlights include: CFTC brings first FCPA enforcement action; Patrick Ho conviction upheld; Brazilian government announces 5-year ABC plan; MPP settles Car Wash enforcement action; and ABC reforms introduced in NDAA. Recourses MoFo Top 10 International Anti-Corruption Developments for December 2020 Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, Loren Steffy returns to take a deep dive into the Texas power failure during our recent snow-pocolypse. Steffey, a long-time business journalist who has been covering the Texas business scene for 30 years and the energy industry for 20 years. He talks about the background to the failures, what happened to cause power generation to fail, how the Texas government made the situation worse, the Texas government response and what fixes need to occur. If you are interested in risk management, this is the podcast for you.  Recourses-article on the crisis by Loren Steffey In the Houston Chronicle, Opinion: 7 smart ways Texas can stop power blackouts - once and for all In Texas Monthly, Texas’s Independence Didn’t Cause the Power Crisis Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Special Episode, I visit with Michael Rasmussen, who together with OCEG have rolled out a fabulous new resource for the compliance community, the Policy Management Pro and publication of the Policy Management Capability Model. Michael discusses how Policy Management Pro brings policy standards and a professional certification in policy management to the market for the first time. We also discuss why the Policy Management Capability Model is a great free and open-source resource.  Recourses Check out Policy Management Pro here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, fan fav and MoFo partner James Koukios returns to discuss the firm’s always informative Top 10 International Anti-Corruption Developments for November 2020. We focus this episode on ABC enforcement efforts from other countries. Highlights include ·       OECD Reports lauds US enforcement efforts and increased enforcement efforts by the Netherlands; ·       World bank debars German firm; ·       Developments in Mexico; ·       Developments in and concerning Venezuela; and  ·       China and its repatriation of fugitives.  Recourses MoFo Top 10 International Anti-Corruption Developments for November 2020 Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Podfest Expo founder Chris Krimitsos about the upcoming Podcast Global Summit, March 1-5. Podfest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Podfest Global has grown into a recurring, must-attend gathering that is now international, drawing creators from all over the world. You will see friendly faces and speakers who are experts in their field, delivering the most valuable, recent content from the virtual stage AND backstage. The programming, exhibitions and networking opportunities make this event a place for developing long-lasting, positive relationships for years to come. Highlights include What led to the March event; What makes the Podfest Global Summit the most unique event in the podcast arena; Why this is a must attend event for any podcaster; Be a part of this Guinness World Record setting event; Why paying it forward is a key part of the event and how you can do so; and Why you should join the Podfest Expo family. Recourses Join Tom and others at Podfest Global Summit at any time during March 1-5. Best all of listeners to this podcast can attend at no charge. Register here, using promo code CPN. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I have back Philip Urofsky, a partner at Shearman & Sterling and editor of the firm’s FCPA Digest. Urofsky joins me to discuss the 2020 FCPA Digest and where anti-corruption enforcement may be headed in 2021.  Some of the highlights include: Intro of the Shearman and Sterling FCPA Digest. What is it? How is compiled and produced? 2020 saw total sanctions of approximately $8.24 billion, making 2020 a record-shattering year in terms of quantum of FCPA enforcement penalties. What does this mean going forward? There was growing cooperation between the FCPA enforcement agencies and other U.S. government entities, including OFAC and the CFTC. What might this mean for anti-corruption enforcement going forward? What might be the impact of CFTC enforcement of the FCPA going forward? Did the international cooperation and enforcement in the Goldman Sachs FCPA enforcement action by state agencies such as the New York DFS signal another type of increased cooperation in investigation and enforcement? Does the prosecution of Thomas Moyer Apple Global Head of Security, indicate a potential shift in the theoretical underpinnings of FCPA enforcement? Read in conjunction with the Relator’s actions in Opinion Release 20-01, might this signal a new approach to FCPA application? Will the application NDAA influence or even inform FCPA requirements around due diligence on third-parties which are shell companies? What, if any, changes to FCPA enforcement under the Biden Administration?  Resources Check out a copy of the Shearman & Sterling FCPA Digest here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, Mike Volkov turns the tables on me as he interviews me for a wide-ranging discussion about the new Justice Department leadership and the likely impact on enforcement and overall compliance. President Biden has nominated Merrick Garland and Lisa Monaco to head the U.S Department of Justice.  In addition, the Biden Administration has nominated a number of strong enforcement candidates to head up various regulatory agencies.  The implications of this new team across the government will be significant on various industry sectors. What do these developments and more mean for compliance enforcement and practice? Find out in this special episode. This podcast originally appeared on Crime Corruption and Compliance.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I have back Pamela Fierst-Walsh, Senior Advisor for Conflict & Critical Minerals, Bureau of Economic and Business Affairs, U.S. Department of State. Pamela joins me to discuss the responsible sourcing initiatives from the former Administration and where we may be headed under the Biden Administration.  Some of the highlights include: 1.      What are your job duties as a Senior Advisor for Conflict & Critical Minerals, Bureau of Economic and Business Affairs, U.S. Department of State? 2.     What is responsible sourcing? 3.     What is the public/private partnership around this issue? 4.     Why is this seen as a national security issue? 5.     Is there an Executive Order on domestic supply chains relying on critical mineral sourcing from foreign Adversaries? 6.     What is the process for considering this issue? Are there plans in the works to deal or remedy this? 7.     What, if any, changes do you expect under the Biden Administration? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Asher Miller, a Compliance Consultant and Business Law Expert. Miller advises some of Israel's major corporations in the areas of anti-corruption, anti-money laundering and compliance of all areas, while combining deep knowledge in international contracting, specializing in the government and defense sectors. Miller joins me to discuss the current state of compliance in Israel.  Some of the highlights include: What are the types of legal/compliance services offered by the Miller Law Group? Miller been at the forefront on the dangers of bribery and corruption for Israeli businesses. Does that message resonate with companies in Israel? How does Miller assess the state of anti-corruption/anti-bribery compliance in Israel? Miller has written about the lessons learned from the Goldman Sachs FCPA settlement and the Airbus international anti-corruption settlement in the FCPA Blog. Do those messages resonate to your clients/potential clients? Miller’s piece on Goldman Sachs had one of the greatest compliance lines ever, "Like in poker, if you can’t spot the fool around the table, it’s probably you." How did it relate to the Goldman settlement and what lesson should a compliance professional draw from it? How was the Teva FCPA settlement received by Israeli companies? Early in the Coronavirus Health Crisis Miller wrote the article “Corruption Compliance in COVID times – What’s the Exit Strategy?” We are now at 10 months later, has his assessment changed?  Resources Check out Miller’s law firm here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Doreen Edelman, chair of the Lowenstein Sandler Global Trade & Policy practice. She leads a unique team that combines global trade and policy expertise with cross-border M&A, technology, government contracts, white collar investigations, and business counseling practices to help clients develop strategies to minimize global business risks, increase compliance with U.S. requirements, and mitigate matters raised by U.S. regulatory agencies and the U.S. Department of Justice. Doreen joins me to bring us up-to-date on all things Committee on Foreign Investment in the United States (CFIUS) and where it is headed under the Biden Administration.   Some of the highlights include: Why do you want everyone in compliance to have some familiarity of CFIUS? Isn’t it just about foreign ownership? Is this just about China? Do you expect Biden to come in and have lots of changes? What if you have investors that are Limited Partnerships? When should company or investor start to consider CFIUS issues? Are there any exceptions? Is there a de minimus exception for small deals? What are the rules on a real estate purchase under CFIUS? Resources Doreen Edelman LinkedIn page Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for October 2020. Some of the highlights include: A record setting year in FCPA enforcement. Beam Suntory-how did things go so sideways from SEC enforcement to DOJ enforcement. Transparency International Report on International anti-corruption enforcement. The continued debate over DOJ interpretation of agency theories. Do the 2 amici sited in the newsletter present any new arguments? China considering changes to anti-corruption laws. What does this mean for Western companies and does it pose an increased risk?  Resources To a copy of the Top 10 International Anti-Corruption Developments for October 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today I have a special year end episode where I am interviewed by Kevin Foster for his show Everything Ethics, which he has graciously allowed me to cross-post. It is a free flowing conversation about ethics with some compliance thrown in. It was a ton of fun to visit with Kevin. You can check out more about Kevin and his ethics trainings on the Resources below.   Resources J. Kevin Foster LinkedIn Profile Business Ethics Advisors Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I am joined by Eric Young, recently retired long-time compliance professional. In a continuing series on the FCPA Compliance Report, Eric joins me to explore some of the key changes he observed in compliance and enforcement in the financial industry over the decade of 2010 to 2020.  Some of the highlights include:                             Greater and more visibility of bribery and corruption enforcement, particularly by the SEC against financial institutions. Much lower regulator tolerance for poor data governance, self-governance and self-regulation. An AML compliance program is a microcosm of what an enterprise-wide corporate compliance program should look like. Resources Eric Young on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for September 2020. Some of the highlights include: Brazil developments. Car wash to be extended? SEC Amends Rules Governing Whistleblower Awards. Why were they amended? Why has it become so important/powerful? Any chance new Administration or Congress would fix Supreme Court decisions in Kokesh and Digital Realty Trust? Sargent Marine FCPA enforcement action-a rare criminal prosecution against a company. Why are such cases so rare? The discount: what was the basis; what is the process for seeking such a discount? What types of evidence is required? Oil Trader Charged with Bribing Ecuadorian Officials.  Resources To a copy of the Top 10 International Anti-Corruption Developments for September 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I was pleased to visit with Fry Wernick and Mike Ward, both partners at Vinson & Elkins. We dissect the three biggest anticorruption enforcement actions: Airbus, J&F Investments and Goldman Sachs. Fry explains things from the government perspective and Mike takes a look at things from the in-house CCO or compliance professional perspective. Their collective insights were great and I know you will enjoy this episode:  I.  Airbus DOJ Perspective In this case, the UK and France took the lead in the investigation? What does this mean workload wise in the FCPA unit? There were claims other than FCPA violations investigated by the US. How, if at all, did those impact the FCPA investigation. What are some of the unique challenges in working with French prosecutors and theFrench blocking statute. How does the DOJ work thru the gross penalty with other countries? Company Perspective What does this case tell a compliance professional? What was the bribery scheme? What is the MO of the bad guys? What controls were discussed in the settlement documents? What company conduct was rewarded? II.  J&F Investments DOJ Perspective How do you evaluate something so massive, yet largely resolved by the time the DOJ takes the lead? How is it to work with Brazilian prosecutors? Does each large international investigation have its own character and cadence? Company Perspective This case had difficult corporate governance issues. Your M&A protocol needs to be in place but the risks from each transaction are bespoke. In many ways, the case was a testament to deep pockets. Pay attention to what is said in the resolution documents. III.  Goldman Sachs DOJ Perspective Obviously as the biggest FCPA prosecution ever, how does the Dept. work up such a case. Are there multiple prosecutors working up different aspects of the case? How do you coordinate both internationally and domestically with all the other regulatory bodies? What is the one pie concept and why is it so important? Company Perspective Why was there no monitor? Compliance needs to be persistent and persistently right. Why are compliance red flags also commercial red flags? Will clawbacks become the norm? For more information on Fry Wernick and Mike Ward and their practices, check out the Vinson & Elkins website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I am joined by Don Stern, Managing Director at Affiliated Monitors and former US Attorney for Massachusetts. We discuss the 93 US Attorneys offices across the US; how they work, how are cases worked up and their interaction with Main Justice in Washington.  Some of the highlights include: What is the Dept of Justice structure including the US Attorneys? What is the role of a US Attorney? Is policy set at Main Justice in Washington and then carried out in offices across the country?  What is the relationship of the US Attorney offices to Main Justice? Does a US Attorney or the office decide to open an investigation or does the FBI or other investigative agency bring information to the US District Attorney and ask them to prosecute? If there is a prosecution of a Main Justice investigation, who staffs the matter at trial? How are cases worked up in US Attorney’s offices? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I am joined by Eric Young, recently retired long-time compliance professional. We explore an under-looked aspect of the Goldman Sachs FCPA enforcement action; the independent enforcement actions by the Federal Reserve Bank and state of New York’s Department of Financial Services.  Some of the highlights include:                             Why was the Fed involved in the Goldman Sachs FCPA resolution? The Fed Order seemed critical of Goldman Sachs compliance function. Do you find this criticism warranted? Is the ongoing oversight of the Fed typical for this type of case? Why was the state the New York DFS involved in the Goldman Sachs FCPA resolution? What were the separate reporting obligations of the Goldman Sachs compliance function discussed in the DFS Order? Do such obligations exist at the federal level? Were the dates, timing and amounts of these 3 bond offerings red flags? Were the money laundering allegations in funding equally as troubling as the bribery and corruption?  Resources Federal Reserve Cease and Desist Order State of New York, Department of Financial Services Consent Order Learn more about your ad choices. Visit megaphone.fm/adchoices

The week of Thanksgiving is the time of our annual trip to the most beautiful and unique city on earth-Venice, Italy. With travel to Italy shut down this year due to Covid-19, I am visiting Venice virtually and mining this rich city for compliance lessons. This episode concludes my podcast series on how the city of Venice informs your internal reporting system. The symbol of Venice is the Lion of St. Mark. The use of this symbol led to the maxim ‘straight from the lion’s mouth’. This adage came about because the Republic of Venice had its own hotline system where citizens could report misconduct. A citizen could write down his concern on paper and literally put the message into the mouth of statues of lion heads placed around the City. This system was originally set up to be anonymous but later changed to require that a citizen had to write his name down when submitting a message. As podcast series on compliance lessons from Venice draws to an end, I am reminded how much the western world has to thank the Republic of Venice. From the forms of republican democracy that the US Founding Fathers drew from to helping to establish a world-wide trade and banking system which still reverberates today. But, if you look closer, ancient Venice had many good government techniques which also still inform the modern world. Straight from the lion’s mouth to your company’s internal reporting system is just one of them. Learn more about your ad choices. Visit megaphone.fm/adchoices

The week of Thanksgiving is the time of our annual trip to the most beautiful and unique city on earth-Venice, Italy. With travel to Italy shut down this year due to Covid-19, I am visiting Venice virtually and mining this rich city for compliance lessons. Today's lesson come from the Arsenale and incentives in compliance. This is not a precursor to that famous north London football club, the Arsenal Gunners, but the district in Venice where one of the main commercial enterprises of the city took place, that being ship building and ship repair. At one point, the Arsenale employed almost 10% of the city’s workforce or 12,000 people.  I picked up some interesting compliance insights in learning more about the Arsenale. On the incentive side there were several mechanisms the City of Venice used to help make the Arsenale work force more loyal and desirous to stay in their jobs, all for the betterment of themselves and their city. The first was job security. The Arsenale was so busy for so many years that lay-offs were unheard of. Even if someone lost their job, through injury, mishap or worse; they received enough of compensation that they could live in the city. Finally, when a worker died, the company provided not only funeral expenses but would assist in taking care of the family through stipends or finding other work for family members. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I am joined by Mike Lindsey, a partner in the Los Angeles law firm of Steinbrecher and Span. Lindsay specializes in cyber risk issues. He joins me to discuss those legal issues around cyber security, e-commerce, internal communications and ephemeral messaging. Some of the highlights include:                             The nature of Lindsey’s practice. Description of legal work on in the areas of (a) e-commerce structuring, (b)new media development and (c) co-branding, alliance and other marketing arrangements. How should a company put out e-learning information on near misses or actual ethical/policy/Code of Conduct violations and protections do they need to consider for the employee(s) involved? What are the key issues when responding to a data breach? What is data mapping and why should a company do so on a proactive basis? Recently the DOJ announced that Chief Compliance Officers should have access to all corp data? Does this raise in data privacy/data protection risks? How should a company try and capture ephemeral messaging? Resources LinkedIn page for Mike Lindsey Steinbrecher and Span page for Mike Lindsey Steinbrecher and Span homepage Learn more about your ad choices. Visit megaphone.fm/adchoices

If there is one thing that is ubiquitous throughout this city it is the Gondolier, the Venetian Gondola boatman. You are never far from hearing their cry of “Gondola, Gondola” to attract tourists for a fabled and romantic gondola ride. One thing I notice about the Gondolier that in addition to having a stout pairs of lungs, they are almost all in very good physical condition. They have to be piloting this very old craft by hand in and around the crowded waters of Venice.  I thought about this as a metaphor for improving your compliance program. As a CCO or compliance practitioner, the more you can get out of the office, into the field and meet the troops the more fit your compliance program will be. Any best practices compliance program should have input from the geographies, cultures, business units and corporate functions within the company. It is well understood that a compliance procedure that works well in the US may not work in Indonesia.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the episode, I take things in a different direction as I visit with Compliance Week Editor-in-Chief Dave Lefort. We reflect on the life and meaning of the recently deceased Tommy Heinsohn. We talk about Heinsohn the player, the coach, the announcer and the man. We discuss leadership and why Heinsohn was a figure beloved by all of New England.   Some of the highlights include: The basketball resume of Tommy Heinsohn, from Holy Cross and an NIT Championship, to a Boston Celtics player, to the Boston Celtics coach and ending as the Boston Celtics announcer.  Some Heinsohn numbers. Tommy Heinsohn and Red Auerbach –their relationship. How did Auerbach make use of Tommy’s skills in over 35 years of working together? What is the role of a Coach/GM in finding roles for all players? What did Tommy mean to Boston, New England and indeed all of New England? Why is continuity so valued in Boston sports? Final Thoughts-What did Tommy Heinsohn mean personally to each of us? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Mike DeBernardis, Counsel and Hughes Hubbard. We take a look back at the FCPA world in Q3. It started off with a bang and never slowed down.  Some of the highlights include: The quarter started off with a bang-Novartis US and never slowed down.  How and why did Novartis US, First Energy in Ohio and Commonwealth Ed in Illinois change the discussion around domestic corruption? What were some of the key lessons from the Herbalife FCPA enforcement action? Why is it so important to obtain experienced White-Collar Counsel in a serious FCPA matter? What were top 3 takeaways from the release of the FCPA Resource Guide 2nd edition? Sargeant Marine was a rare criminal FCPA plea. What is the significance of the case? The Alexion SEC enforcement action in July was relatively small but had some interesting lessons. What were key takeaways from the case? Do you see continue aggressive FCPA enforcement by the DOJ/SEC? What are you telling clients about their compliance programs going into the next 12 months? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for April 2020.  Some of the highlights include: DOJ Announces Repatriation of $300 Million to Malaysia in Connection With 1MDB. Colombia Officially Enters the OECD. What was the process and what does this mean for Colombia? What is the DOJ saying around FCPA enforcement in the Covid-19 era? London court discharges 3rd ever unexplained wealth order? ENI resolves Algeria FCPA allegations.  Resources To a copy of the Top 10 International Anti-Corruption Developments for April 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore shell companies in our On the Beach episode. Some of the highlights include: Weekly news wrap-up on Wirecard What is the Bundestag investigating? Are they doing anything? Were 250 Wirecard employees assigned to the money-laundering team? Is a Bundestag inquiry in the works by the EU? KPMG enters the story. Shell Companies Shell Companies Shell Companies Why it might be time for a walk on the beach (and to read On The Beach) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Susan Divers, Senior Advisor at LRN. It is part of my continuing series this year looking back over the past decade of Foreign Corrupt Practices Act enforcement and the evolution of compliance. Some of the topics we consider are: How the heavy emphasis on enforcement by the DOJ led to organizations investing in compliance. How did companies begin to evolve their compliance programs away from paper programs, written by lawyers for lawyers? How the first industry sweep through energy led to a pragmatic business solution to compliance throughout the energy ecosystem. The DOJ evolution in communicating information on its expectations on best practices compliance program. The change in ERM emphasis requiring each company to manage its risks.  The use of data in compliance. Trends into the 2020s and beyond. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Gar Hurst a partner at Givens and Johnston. Gar and the firm specialize on import control issues. Today we take a major issue that is bedeviling companies in the Port of Houston and elsewhere, wood packaging issue. We explore why it is the biggest threat to importations you have never heard about. It turns out that import laws and regulations have substantial impact on export control, AML and ABC compliance.  What are wood packaging violations? What is covered by Wood Packaging regulations? What are violations and what are Emergency Actions Notices? What remedies are allowed in the US and when must you go internationally for remediation? What are potential penalties. How can you engage in prevention? See Gar Hurst’s professional profile here. See the firm of Givens and Johnston’s profile here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast, I am joined I am joined by Carrie Penman, Chief Risk and Compliance Officer at NAVEX Global, Inc. We visit about their upcoming 2020 virtual conference, NAVEX Next, which is entitled Beyond the Moment.  The theme, Beyond the Moment, defines the 2020 agenda and supports sessions that will help you and your organization move past a defensive stance on current events and trends. The goal is to help everyone be proactive and more holistic in their approach to risk and compliance management. If there is one key message that I have garnered in talking to compliance and other professionals about Coronavirus is that the future demands we be prepared, no matter what comes next. What are some of the key themes for this conference? Obviously the Coivd-19 lockdowns, work from home and remote working environments have changed a large number of risk factors that every Chief Compliance Officer (CCO) needs to consider from a risk perspective and address from a variety of angles; such as data privacy/protection, communications and training and ongoing engagement. Last year, NAVEX’s virtual conference had over 9,000 registrants. Best of all is the cost of the conference, its FREE. That is right, all of the above is available at no charge. NAVEX Global has submitted the conference to the Compliance Certification Board (CCB)® and is pending their review for approval of CCB CEUs. It will be held Thursday, October 22, from 10 AM to 4 PM Central Time. I hope that you will plan to join me for this great event. Registration, agenda and other information are available here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In our continuing series, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore the money laundering Wirecard engaged in via the project dubbed ‘Hermes’.  Some of the highlights include: ·       Weekly news wrap-up on Wirecard. ·       What has this done to the German political scene? ·       Any talk about BaFin reforms? ·       How do losses reach €20bn? ·       How was the investigation “unrelated to the mandate”? ·       Money laundering through Hermes. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast, I am joined by Piero Molinario, Senior Managing Director, Head of Financial Crimes Risk and Compliance for EMEA for K2 Intelligence FIN and Joanne Taylor, Managing Director, K2 Intelligence FIN who works with clients investigations and financial crime compliance, including fraud risk management, anti-bribery and corruption, regulatory enforcement, and fraud investigations. Both are located in London. We take a deep dive into the FinCen Papers. Some of the highlights include: What are the FinCen Papers? What is the significance of their release? Does this release hurt financial institutions? Does it hurt the regulators? Do the FinCEN Papers show there is more work to be done? Are there any positive takeaways from the release of the FinCEN papers? For more information on K2 Intelligence FIN, check out their website here. For additional reading see the white paper, The FinCEN Files Impatiently Bypasses Government Entities Responsible for Acting on SARs Filings. See also the following policy, Policy Alert: ICIJ Leaked SAR Investigation Highlights Opportunity for BSA/AML Reform, 25 September 2020 Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this concluding Part 5, I am joined by Jonathan Armstrong and we discuss the enforcement action from the UK perspective under the UK Bribery Act.  Some of the highlights include: ·       China is a known high-risk business venue. ·       Licenses are required in China for direct sales.  ·       UK Bribery Act not as concerned with the blurring of public and private officials.  ·       Scottish cases provide some interesting analogies. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 4, Jonathan Marks and Tom Fox discuss the role of gatekeepers and the lack of skepticism at the Board of Directors.  Some of the highlights include: ·       Chief Audit Executive and Chief Compliance Officer exits should be 8K events. ·       Who guards the gatekeepers? ·       The Board is responsible for management override of controls.  ·       Why was there a lack of skepticism at the Board level?  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special edition, I am pleased to cross-post a recent live event hosted by Sean Freidlin, Director Product Marketing at SAI Global. He hosted the third edition of SAI Global’s Compliance Book Club, featuring Robert Chesnut, author of Intentional Integrity. Sean's Compliance Book Club is fast becoming one of the most listened to events in the compliance world. His interview with Robert Chesnut is great information for the compliance professional. Sean graciously allowed me to cross-post this interview as a podcast on the Compliance Podcast Network. SAI Global’s Compliance Book Club is a community initiative that brings ethics, compliance, and risk professionals together around a book you’ll love, and invites everyone to participate in a live Q&A and discussion with the author.  For the third meeting, and as part of our celebration of the fifth annual International Compliance Officer Day, we present “Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution” by Robert Chesnut. In Intentional Integrity, Chesnut offers a six-step process for leaders to foster and manage a culture of integrity at work. He explains the rationale and legal context for the ethics and practices, and presents scenarios to illuminate the nuances of thinking deeply and objectively about workplace culture. You can check out Sean's original recording here. Check out the full panoply of SAI Global Ethical Leadership Articles and Resources here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore those other professional service providers who enabled Wirecard in our bring Lawyers Guns and Money episode . Some of the highlights include: Weekly news wrap-up on Wirecard Is EY at its Arthur Anderson moment? Who has potential lawsuits against EY? Is a Bundestag inquiry in the works? Will there be an EU-level inquiry into the German government response? Who were the Enablers? Why is now the time for lawyers to take a stand for the Rule of Law? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 3, Matt Kelly joins me to consider the role internal audit in this matter and the (non) actions of Herbalife’s Board of Directors. Some of the highlights include: Internal Audit as window dressing does not good government make. How high up must internal audit push? What is the Board’s duty? Is there a Caremark claim against the Herbalife Board of Directors? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 2, Jay Rosen joins me to consider how Herbalife was able to avoid a Monitorship.  Some of the highlights include: ·       The Benczkowski Memo. ·       The need for full disclosure and candor. ·       Remediate extensively.  ·       End of monitorships as we know them? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 1, Mike Volkov details how he would counsel a company which found itself in a situation similar to Herbalife.  Some of the highlights include: ·       Where would you start? ·       Make sure the full Board of Directors understands its obligations and the risks involved. ·       Build internal alliances moving forward.  ·       Be up front and candid with prosecutors. ·       Do not walk back promises or representations made to prosecutors.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 5, I am joined by James Tillen and Matt Ellis to take a retrospective look back over the 12 years of Miller & Chevalier’s Latin American Corruption Survey. Some of the highlights include: How have the perceptions of corruption changed in the region over the past 10 years? What have been the changes in anti-corruption laws in the region over the past 10 years? What has been the progression of views on corruption related risks to specific countries over the past 10 years?   Miller has 14 partner firms from the region involved in the Survey and we discuss their crucial role in obtaining actionable data. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 4, I visit with firm Counsel Greg Bates and we explore some of the Survey’s data on compliance program design and implementation. Some of the highlights include: What does the Survey data mean for in-house compliance officers? What trends does the Survey indicate vis-à-vis compliance program data? The Survey had almost 1000 respondents, with a mix of representatives from multinational, local/regional, and public and private companies. Do you see different levels of importance of ABAC compliance programming based on the type of company that responded?   What other efforts to manage bribery and corruption risks are you seeing in the Survey data?   The Survey was conducted just before Coronavirus hit Latin America. Looking into your crystal ball, how do you think COVID-19 will impact compliance programming in the region? Join us in our final episode where I am joined by James Tillen and Matt Ellis to take a retrospective look back over the 12 years of Miller & Chevalier’s Latin American Corruption Survey. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore lies, spies and Wirecard. Some of the highlights include: Weekly news wrap-up on Wirecard What did BDO find in the Philippines? Why was the Wirecard Board of Directors afraid to meet in a conference room with windows? Why is there no interest in the bankruptcy remains of Wirecard? What did the initial Insolvency Report show? Was Wirecard ever designed to be profitable? The continued adventures of Jan Marsalek. More dirty money. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 3, I visit with firm Member Alejandra Almonte and we explore some of the Survey’s high-level findings on compliance trends in the Latin American region. Some of the highlights include: What were some of the key high-level findings about corruption and anti-corruption compliance in the region?  Focusing on implementation of compliance programming in Latin America, what trends does the Survey show are emerging? Given the enactment of laws in the region, such as Brazil’s Clean Companies Act and other anti-corruption legislation, where does the FCPA stand in the region?   What does the continued importance of the FCPA mean for compliance programs in the Latin American Region?  Join us in our next episode where we explore some of the Survey’s data on compliance program design and implementation with Greg Bates. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America. This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 2, I visit with firm Member Matt Ellis on some of the Survey’s findings on country specific corruption issues. Some of the highlights include: What countries in the region are seen as most corrupt? What were some of the most surprising country-specific findings? Brazil has been so active in recent years in leading corruption investigations and cooperating with other countries. What does the data say about Brazil? Mexico is a focus right now given the various investigations surrounding Pemex. What does the data say about Mexico corruption risk? Do any countries buck the trend of more perceived corruption risk? The Notebooks Scandal in Argentina was a surprising development. What are Argentines saying about their own anti-corruption laws and efforts? Join us in our next episode where we explore some of the Survey’s high-level findings on compliance trends with Alejandra Almonte. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered 2020 Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 1, I visit with firm Member James Tillen on the Survey’s findings on region-wide corruption risks and region-wide perceptions of corruption and effectiveness of local anti-corruption laws. Some of the highlights include: Miller has been tracking views of corruption risk in the region since 2008. How do businesspeople perceive corruption risk in this Survey v. prior years? What kind of questions did Miller ask respondents to inform these perceptions of risk? What is the significance, if any, that risk has gone up at the same time that enforcement has gone up in the region over the last 10 or so years? What areas of government in the region are seen as most corrupt and least corrupt? Join us in our next episode where we explore Survey findings on some country-specific corruption issues with Matt Ellis. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we are back from a summer hiatus and wrap up what has been happening on the Wirecard front over the past few weeks.  Some of the highlights include: ·       BaFin Unapologetic ·       Reporters and Short Sellers – Free to Be, You & Me? ·       Political Fallout? ·       Another German DAX-listed Company Scandal? ·       Impact on EU – Rethinking Germany Frankfurt and Bonn for Financial Services Capitols post-Brexit? ·       What is happening within Wirecard now – is the company still going? ·       Deutsche is Not Buying ·       Has the fullness of the scandal been revealed, or is more coming to light?   ·       What is, or what was, Project Panther? ·       Enron had significant impact on then Big-5; is Wirecard going to impact Big-4 in the same way? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with John Fons. Over his career, Fons has been the Director, Global Compliance & Ethics, Modine Manufacturing, Senior Counsel, Modine Manufacturing, General Counsel, Joy Global, Milwaukee and VP, General Counsel & Secretary, Metso Minerals, Brookfield. Fons has also been a Partner to the Board and all levels of organization in setting strategic direction of ethics and compliance program and implementation within businesses. Fons provides insights into some of the current issues facing CCOs and CECOs today.  Some of the highlights include: Why compliance needs to report into a Board committee separate and apart from the Audit Committee; Why Boards should have compliance expertise on the Board; Why CCOs should have a written contract with guaranteed severance; and Why the hiring and firing of CCO should be an 8K event. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I take a deep dive into the first cyber-security enforcement action brought by the state of New York, Department of Financial Services. It was against First American Title. In this exploration I am joined by Jordan Arnold, the Chief Innovation Officer at K2 Intelligence FIN. He is the founder and Global Chair of K2 Intelligence’s Private Client Services practice, which provides privacy and security services to ultra and high net worth families and clients in the entertainment, music, and sports industries and Surjeet Mahant, Managing Director in K2 Intelligence FIN’s Financial Crimes Risk and Compliance practice, where he leads cyber risk services. With over 20 years of experience in cybersecurity and privacy risk solutions for large institutions, Surjeet assists clients in developing the tools and strategies needed to protect the confidentiality of their data, the availability of their systems, and the integrity of their operations.  Some of the highlights include: Overview of the enforcement action; What are the broader consequences for the industry; significance of regulation/action; need for proactive actions; What is the DFS and why is it regulating an insurance company around cyber? Why has cyber become a part of the broader compliance conversation? What specific steps can entities take to mitigate a violation or breach of data? What can entities expect in the future from regulators in the cyber space? For more information on K2 Intelligence FIN, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance. Today, I am extraordinarily honored to post my 500th Anniversary podcast. Today, I switch seats to be the guest as I am interviewed by Gregg Greenberg, the General Manager of CSuite Radio. We take a look back at some of the key trends, I have seen in compliance over the past 10 years, the top episodes, my favorite guests, the Liverpool Football Club, buffalo wings and much more. Some of the highlights include: The biggest changes seen in compliance over the past 10 years. When, why and how did the FCPA Compliance Report begin? What are of my favorite episodes and some of my top guests? By the number and by guests. What I have learned in this journey? As The Voice of Compliance; why I am so passionate about podcasting as a communication tool. If you are an LFC fan, why you will walk alone. What makes the perfect buffalo wing? Check out the Lead Up Podcast Series If you are interested in my podcast series from 5 top commentators on their reflections on the evolution of compliance over the past 10 years, check out the following: Episode 495 – Mike Volkov on changes in FCPA enforcement; Episode 496 – Matt Kelly on changes in compliance report from business journalism; Episode 497 – Jonathan Armstrong in changes GDPR, the UKBA and Modern Slavery law; Episode 498 – Jay Rosen on moving from reactive to proactive compliance; and Episode 499 – Jonathan Marks on how changes in internal audit both mirror changes in compliance professionalism. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I have been joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Marks, a partner at Baker Tilly who talks about the evolution of compliance through the lens of internal audit. We consider how some of the changes in compliance mirror those he saw and lived through in the world of internal audit.    Some of the highlights include: Marks looks back at the changes and evolution of the internal audit profession since SOX. Marks sees the FCPA Internal Control provisions as the precursor to SOX. Marks sees professionalism in compliance in a similar arc as he observed in the audit profession. Why was the COSO 2013 Internal Controls Framework a seminal moment for compliance professionals. Why is the move to an overall integrated structure of Enterprise Risk Management so critical? How the 2020 Update to the Evaluation of Corporate Compliance Programs brought business intelligence to compliance. Lineup  I hope you will listen in to each episode over this week. The lineup will be: Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement. Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective. Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance. Thursday August 27-August Episode 498-Jay Rosen in changes in compliance from the business development perspective. Monday, August Episode 500-the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jay Rosen, Vice President of Business Development at Affiliated Monitors, Inc. We consider some of the top changes Rosen has observed in how companies have thought about compliance solutions.     Some of the highlights include: How Rosen moved from Hollywood the movies to Hollywood, the compliance field. How purchases of items like translation services moved to be seen as an ongoing service. The “Foreign” in Foreign Corrupt Practices Act. The move from reactive compliance to proactive compliance. How consumers of compliance products and services became more sophisticated over time. The changes brought by the Coronavirus health crisis for virtual everything. Lineup  I hope you will listen in to each episode over this week. The lineup will be: Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement. Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective. Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance. Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit. Monday, August Episode 500-the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Armstrong, co-founder of Cordery Compliance. We take a look back at the evolution of UK and EU laws around bribery, data privacy/data protection and modern slavery and the compliance response.     Some of the highlights include: The UK Bribery Act was a seminal law for international anti-corruption enforcement which brought another sheriff to town. How tech monopolies have led to greater enforcement in the UK and EU. How one person can make a change. Max Schrems was a law school student in 2011. How the US model of FCPA enforcement influenced regulators across the globe. The evolution of DPAs in the UK and elsewhere. Armstrong believes the fight against slavery is a job only half well done. Lineup  I hope you will listen in to each episode over this week. The lineup will be: Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement. Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective. Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective. Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit. Monday, August Episode 500-the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Matt Kelly, founder of Radical Compliance. Kelly is a business journalist who was one of the first to gravitate to compliance. We take a look back at the evolution compliance over the past 10 years from the perspective of the 4th Estate.    Some of the highlights include: How compliance has moved into the mainstream of business news and the discussions about business. How social media has led to a more robust discussion about corporate ethics and democratized other people's ability to hold companies accountable to ethical standards. The significance of the COSO 2013 Internal Controls Framework. Kelly sees FCPA enforcement as fundamentally different than corporate scandals which led to SOX and Dodd-Frank. The convergence of compliance & ethics and audit & risk management. The increased use of data in compliance as emphasized in the 2020 Update to the Evaluation of Corporate Compliance Program. Lineup  I hope you will listen in to each episode over this week. The lineup will be: Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement. Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance. Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective. Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit. Monday, August Episode 500-the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

The FCPA Compliance Report is the longest running podcast in compliance, airing on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Mike Volkov, founder and principal of the Volkov Law Group. We take a look back at the evolution of FCPA enforcement over the past 10 years.    Some of the highlights include: Volkov looks all the way back to the Father of the FCPA, Judge Stanley Sporkin to see the beginnings of cooperation credit under the current FCPA Corporate Enforcement Policy. Why was the Parker Drilling enforcement action a seminal moment in FCPA enforcement? Why the 2012 version of the FCPA Resource Guide was such an important step forward in FCPA compliance. Why the 2020 FCPA Resource Guide, 2nd edition was so welcomed. The continued evolution of the DOJ on both FCPA enforcement and best practices compliance. From reading the tea leaves to the 2020 Update to the Evaluation of Corporate Compliance Programs. The Lineup I hope you will listen in to each episode over this week. The lineup will be: Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective. Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance. Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective. Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit. Monday, August Episode 500-Tom Fox and the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we continue our multipart series on the Wirecard accounting fraud. Today, we take up the issue of fraud in the Wirecard saga.   Some of the highlights include: Did Wirecard ever make money? Was Wirecard even designed to make money? Was it simply a Ponzi scheme?? Why BCCI and not Enron was Wirecard’s role model? How could BaFin employees oversee Wirecard while investing in it? (Ans: they couldn’t) What is Round-Tripping fraud and how did Wirecard master it? Learn more about your ad choices. Visit megaphone.fm/adchoices

Ever wonder how the sausage is made around economic and trade sanctions? What is the process for persons and companies to be put on the sanctioned lists? Then this is the podcast for you as I am joined by Eric Lorber. Eric is a vice president at K2 Intelligence Financial Integrity Network, where he advises global financial institutions on issues related to sanctions and anti-money laundering/combating the financing of terrorism compliance. Prior to re-joining FIN, Eric was a senior advisor to the Under Secretary for Terrorism and Financial Intelligence at the United States Department of the Treasury, where he provided strategic guidance on U.S. sanctions and AML/CFT policies. He is also the senior director of the Center of Economic and Financial Power at the Foundation for Defense of Democracies. Some of the highlights include: What is the process for creation of economic sanctions? How does an individual or corporation go on the economic sanctions list? What is the role of the DOJ? Who at Treasury leads the effort? What is the process for enforcement? Why does Treasury have such an ongoing educational effort around sanctions? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we continue our multipart series on the Wirecard accounting fraud. Today, we begin a two-part exploration of the role of money-laundering in the Wirecard saga.  Some of the highlights include: ·       How money laundering works? ·       What is threat finance? ·       Other examples of German corporate fraud? ·       Why 2006 was such an important year in anti-money laundering? ·       How Wirecard made money through money laundering. ·       The risk related business model used by Wirecard. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for March 2020.  Some of the highlights include: Portugal Freezes Assets of Africa’s Richest Woman-could this be even bigger than 1 MDB? Thoughts on Teva FCPA enforcement action in the context of it completing its DPA. What is the DOJ saying around FCPA enforcement in the Covid-19 era? (IE., any change in enforcement cadence) What significance, if any, do you see in Mexico request to extradite former Pemex official? OECD Expresses Concern over Costa Rica’s Foreign Bribery Enforcement Record. What does this mean?  Resources To a copy of the Top 10 International Anti-Corruption Developments for March 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we continue our multipart series on the Wirecard accounting fraud. Today, we consider the role of Germany Inc. in the Wirecard saga.  Some of the highlights include: ·       Wrap up of the most current event in the Wirecard saga. ·       Where does Germany fit in the global economy? ·       Other examples of German corporate fraud? ·       Where is all this corporate malfeasance coming from? ·       What is the co-determination management structure and how does it play into all this? ·       Political fallout? ·       EU response? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mike DeBernardis, Counsel at Hughes Hubbard, in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. He represents corporate and individual clients in criminal, civil and administrative enforcement matters, including matters involving the Foreign Corrupt Practices Act and securities and accounting fraud. In this episode we take a deep dive into the DOJ’s 2020 Update to the Evaluation of Corporate Compliance Programs and DOJ and SEC FCPA Resource Guide, 2nd edition. Some of the highlights include: What were the top changes DeBernardis observed in 2020 Update to Evaluation of Corporate Compliance Programs? What were the top changes for you in FCPA Resource Guide, 2nd edition? How should one read the Resource Guide, 2nd with the 2020 Update? In conjunction, separately or in some other way? Is there any significance to the two documents being released so close together in time? Should you advise clients to do anything different because of these documents? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we continue our multipart series on the Wirecard accounting fraud. Today, we consider the roll of short sellers in the Wirecard saga. Some of the highlights include: Wrap up of the most current event in the Wirecard saga. What is a short seller? Is it wrong or prohibited? Are short sellers activists? History of short sellers and Wirecard. What happened after so many short sellers warned of fraud by Wirecard. Was that the end of it? When were their suspicions vindicated? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Gordon Platt.  Platt is an attorney, award-winning investigative journalist and filmmaker, and long-time entrepreneur and strategic consultant. His legal practice focuses on representing companies and individuals facing significant challenges in rapidly evolving sectors of the world economy. Areas of focus include: dispute resolution, fraud and internal investigations, and asset tracing and recovery. He is a member of the bar and licensed to practice in New York and Massachusetts. In this episode, we discuss Platt’s return to the full-time practice of law and how the skills he used as investigative journalist enhance his work as a white collar practitioner. Some of the highlights include: What has it been like to return to the practice of law fulltime during Covid-19? Platt’s work as an investigative journalist. How did that work inform his approach to the practice of law? Why Platt has always found that people who attempted to dissuade him from covering something because it was of no interest always led him to become interested? Where and how does Platt see anti-corruption due diligence headed? How Platt’s practice is informed by an extensive network of relationships formed over two decades of organizing professional events and programs for investors and entrepreneurs? For more information on Platt or his law practice, check out his firm’s website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we begin a multipart series on the Wirecard accounting fraud.  Some of the highlights include: How long was Wirecard been under scrutiny? What was the role of BaFin in this disaster? What does this mean for Germany Inc? Why didn’t the regulators step in? What about EY? Where are we headed in the Wirecard Fraud? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Eric Young. Eric has been in the compliance field longer than anyone I know and long before it was called Compliance. Eric graduated from Columbia University at the age of 20, with a degree in Economics and has securities licenses with FINRA and is ACAMS-certified. He started with the Fed in 1980 and has 40 years’ regulatory and Chief Compliance Officer experience with the Fed, JP Morgan Chase, General Electric, S&P Global Ratings, and four foreign banks including UBS and most recently, as CCO of BNP Paribas. Some of the highlights include: Young has been in compliance longer than anyone I know. He gives us a rundown of his professional career starting with the Fed. Penn Square. At the time it was the largest bank failure since the Great Depression. What was the significance of Penn Square for the US banking industry and the regulators? What are the three things Young is most proud of accomplishing in his career? What are 3 pieces of advice Young would give a new CCO today? Young tells us about the book he is writing. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined Compliance Line co-CEOs Nick and Gio Gallo to discuss the firm’s 2020 Ethics and Compliance Hotline Benchmark Report. We consider various issues related to the Report including what was the genesis of the Compliance Line 2020 Benchmark Report; from what sources and how did Compliance Line draw data to create the Report. We review the Executive Summary of the Report. We consider both the highlights of the Report from the Gallos perspective as well as some of the findings which surprised them. Finally we review the actionable steps Compliance Line suggests your company can take based upon the findings in the Report.  Resources For more information on Compliance Line, check out their website here. To obtain a copy of the Report, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Louis Perold, founder of Citadel Compliance. Perold has with more than 20 years’ experience in legal and compliance across various industries including financial, oil and gas, mining, retail and manufacturing. He has successfully transformed and operationalized global ethics and compliance risk management programs from concepts to real-world practices and infrastructures that work. He is a strategic business partner and team-focused leader experienced in delivering proactive solutions that help protect organizations from compliance failures, liabilities, and reputational damage. He is also a well-respected global educator, advocate, and influencer on ethics and compliance risk management effectiveness and best practices.    We visit about his founding of Citadel Compliance, the current state of ABC compliance in South Africa and how Covid-19 has impacted business in South Africa. Some of the highlights include: What does Perold hope to bring to the market through your own compliance consulting firm, Citadel Compliance? How does Perold assess the current state of anti-corruption compliance in South Africa? Have internationally focused South African companies come to embrace ABC compliance as a way of doing business? For companies who want to do business in South Africa, what are some of the key issues from the compliance perspective? What are some of the ways coronavirus has impacted compliance in South Africa?  Resources For more information on Perold, check out the Citadel Consulting website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Stanley Foodman, President and CEO of Foodman CPAs & Advisors. He is a bilingual professional that specializes in Forensic Accounting, Complex Tax and Financial Institution Compliance. Foodman is a recognized forensic accountant and litigation support practitioner who specializes in complex tax matters, commercial and civil litigation, financial crimes investigation and defense as well Corporate Governance and financial institution compliance matters. Foodman has served as expert witness and forensic accountant for some of the nation’s most challenging and high-profile economic crimes. Foodman is a JD Supra Readers’ Choice author. His articles have appeared in international and domestic banking journals, newspapers, magazines and on-line publications.  We visit about the intersection of the FCPA and Travel At. Some of the highlights include: What led to Foodman’s interest in the Travel Act? What led Foodman to write “Connecting The FCPA With The “Travel Act” In 2020”. How do you connect the Travel Act with the FCPA? The Travel Act originally intended by Robert Kennedy to help in his fight against organized crime. How does its current use build on that original premise? Why are there only a very few FCPA cases where the DOJ used the Travel Act? If a company is primarily liable under the FCPA is there any need for a Travel Act component?  Resources See Stanley Foodman article “Connecting the FCPA with the “Travel Act” in 2020” Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I am joined by Ian McDougall, the General Counsel for LexisNexis. He is also the President of the LexisNexis Rule of Law Foundation. McDougall is also the Chair of the Global Marketing Committee, where responsible for Professional Association relationships and responsible for Global Rule of Law development. McDougall has a uniquely wide ranging and high-level experience in the delivery of legal advice to substantial corporations at board level (both as a board member and as adviser to the board). Finally, he has presented to and made speeches at the highest international levels; including the International Bar Association, the General Assembly of the United Nations Comprehensive Test Ban Treaty Organisation, and ministers from various governments internationally. In this podcast, you will learn how and why McDougall is so passionate about the Rule of Law. Some of the highlights include: Why McDougall is so passionate about the Rule of Law. What are McDougall’s 4 principles for defining the Rule of Law? What is the difference of the Rule by Law and the Rule of Law? What are three reasons why McDougall believes the Rule of Law is even more crucial at this point in time? How does the Rule of Law lead the discussion around the areas of the profession of Law, Corporate Social Responsibility and Social Entrepreneurship? Resources Text of Ian McDougall speech on The Rule of Law to IBA Annual Conference Rule of Law Symposium – Rome 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Loren Steffy. I met Loren when he was the business columnist for the Houston Chronicle. Steffy now has his own consulting practice. He has been a long-time business journalist, author and commentator on business issues, generally focusing on energy issues. On the morning of April 19, 1995, he was working for Bloomberg in Dallas Texas and was called by a colleague who suggested he hop in his car and drive to Oklahoma City in the wake of the bombing at the Alfred P. Murrah Federal Building. He talks about reporting live from Oklahoma City for the next five days, his reflection on that time 25 years later and how the actions of Timothy McVeigh presaged the issues of domestic terrorism from Oklahoma City to 9/11 to Charlottesville and Charleston. We conclude our podcast with a short discussion on Steffy’s latest book, co-written with Chrysta Castañeda, The Last Trial of Boone Pickens. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Kevin Abikoff, partner at Hughes Hubbard and Aline Osorio, International Specialist at the firm. The co-authored a very interesting article entitled “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”. The paper considered where should the proceeds of government enforcement activity be placed and who should get to decide. It was a fascinating topic that I have long considered and wanted to podcast on.  Some of the highlights include:  What was the genesis of the paper “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”? Where do funds collected in FCPA cases go in US? Where do funds collected in anti-corruption actions in Brazil go? What was the driving force behind Brazil dedicating monies from the Petrobras settlement to benefit education and the environment in Brazil? What has the current government requested be changed? Who should decide where fines and penalties go? Prosecutors? Executive Branch? Other elected officials? Non-elected officials? You can download a copy of their white paper Corruption Settlements, Coronavirus And The Road Paved With Good Intentions by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by John Warren Vice President and General Counsel at the Association of Certified Fraud Examiners (ACFE). We discuss the 2020 ACFE Report to the Nations, which is the most comprehensive report on the global scourge of fraud. The year’s Report is particularly important with the government bailouts from the fallout of Covid-19. It is a fascinating look of how fraud occurs, where is occurs and the steps you can take to prevent it. Some of the highlights include:  What is the ACFE Report to the Nations? How often is it released? What are you trying to capture? What are some of the big picture findings of the Report? What is the annual cost of global fraud? Why are hotlines so critical to fraud detection? What is the fraud tree? What are the 5 critical areas of occupational fraud reviewed? What does the Report to the Nations tell us about corruption? What detection/prevention areas are the most effective for corruption? With COVID-19 and the federal government bailout, why is fraud prevention and detection so much more critical now? You can download a copy of the ACFE 2020 Report to the Nations by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Joel Androphy, co-founder at Berg & Androphy. Joel is well-known literally across the country as a white-collar defense lawyer and plaintiff’s counsel in high-profile False Claims Act litigation. With the ongoing Trump Administration’s bailouts and stimulus packages, there will be great temptations for fraud. There have already been several high-profile cases of companies returning bailout monies to which they were not entitled. In this podcast we consider the role of the FCA in helping the US government fight fraud, waste and abuse. Some of the highlights include:  Androphy believes the coronavirus bailout will cause great amount of fraud. What is the role of the FCA in fighting government fraud, waste and abuse? Why does Androphy believe that citizens who bring FCA cases are doing civic duty? What are the different types of fraud perpetrated in government contracting? Why is Androphy on a mission to have the federal bailout dollars benefit the American worker and not the American fraudster. For more information on Joel Androphy, check out the firm website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mike DeBernardis, Counsel and Hughes Hubbard. We review the Foreign Corrupt Practices Act enforcement from Q1 and take a look into that veiled land of the future.  Some of the highlights include: Key highlights from the Cardinal Health SEC enforcement action. The Airbus international anti-corruption enforcement action is the largest ever. How can a CCO begin to get their arms around it or discern what it might mean for their company? What are Mike’s 3 key takeaways from Airbus? What is the significance of the individual prosecutions in Q1? What are the top questions Mike and the Hughes Hubbard team is receiving from its clients now? While investigations may slow down in Q2, Mike expects an uptick in Q3 & Q4. There will not be any Free FCPA Pass from the DOJ going forward on enforcement. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchini on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In this fifth and final episode, I visit with Lucas Bianchinni about the current state of environmental regulation, enforcement and compliance in Brazil. With the country’s size and scope in mind, what is the framework for environmental regulation in Brazil, in both criminal and civil? What are best practices in complying with Brazilian environmental regulations? Why everything starts with a risk assessment? What is the risk management process for environmental compliance? What should US or other non-Brazilian companies expect in the environmental regulatory process? Many of our listeners are aware of several very high-profile environmental disasters in Brazil. What are some of the lessons from these recent Brazilian cases? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Ingrid Santos and Giuliana Boniha on #MeToo and Sexual/Moral harassment in Brazil today.   How does the #MeToo movement in Brazil differ from the US? What are some of the key Brazilian laws in this area? What practical approaches do you suggest companies take? Given the cultural differences in the US and Brazil, what advice do you give foreign companies new to Brazil on sexual and moral harassment? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. For general and easy-access information on harassment in Portuguese, we recommend reading the manual created by the Brazilian Labor Court of Appeals’ available on their website. Other than that, we can be reached through the firm’s website at www.azevedosette.com.br, which is also available in an English version.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Glaucia Ferreira on background investigations in Brazil.   What are some of the challenges in performing background investigations in Brazil under the Clean Companies Act? Why are financial check and security investigation so critical in Brazil? What some of the challenges unique to performing background investigations in Brazil? Why is the human element so important in background investigations? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Luiz Salles and we discuss two key factors in compliance investigations in Brazil and the impacts of these factors on antitrust compliance.   Why must a company take “Brazilian Factors” into account for an investigation? Why is an interdisciplinary approach needed for investigations in Brazil? As the world’s 5th largest country does an internal investigation need to take local culture into account? Why? What is the nexus between anti-corruption investigations and anti-trust violations in Brazil? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In this first episode, I chat with Isabel Franco about how CarWash changed the entire perception and culture of compliance in Brazil.  What was CarWash and how did it change perceptions about compliance in Brazil? Why was an investigation of corruption of Petrobras so critical to Brazil? Who were some of the key political figures brought down by Lava Jato? Why was this change so critical to the compliance profession in Brazil? What other corruption investigations did CarWash lead to? How did Lava Jato expand out to the entire continent? Having practiced in both the US and Brazil, how would you assess the current state of the compliance profession in Brazil? What is the legacy of Lava Jato? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Susan Divers, Senior Executive at LRN. Susan is one of the leaders of the LNR team which annually produces the Program Effectiveness Report. The 2020 version has been released. We review its key findings and insights as well as the LRN Program Effectiveness Index. Finally, we conclude with a key theme of the Report and discuss why it is such an insight for the compliance professional.   Some of the highlights include: What is the 2020 Program Effectiveness Report? Why does LRN release this report annually? This year’s report has even more importance and urgency but we had ethical failures which caused loss of life over the past year as well. What were the overview of key insights? What are some of the key reasons ethical scandals occur? What is the Program Effectiveness Index (PEI) and what does it tell us this year? What are the 5 elements of an ethical culture? One of the key themes I took away from this year’s Report is the interconnectedness of compliance program elements. Download and read the 2020 Program Effectiveness Report here. For more information on LRN, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Pat Harned, President of the Ethics & Compliance Initiative (ECI). We discuss ECI’s upcoming virtual conference IMPACT 2020. As the first major compliance annual conference to go virtual, ECI faced unique challenges to bring the top speakers and thought leaders to this event. Find out how they did so as Harned and Tom Fox discuss some of the highlights of this most unique event. Some of the highlights include: Keynotes speeches include Sally Yates, Anita Hill, David Rock and Jan Schwartz. Earn up to 15 CEUs - Participate in, view and earn CEUs for every session, even those happening concurrently! On-Demand Access - Watch and participate in exceptional keynotes and benchmarking sessions live as well as on-demand through the event library for up to one year. Assess Your Program - Register for the event and you will be provided access to ECI's High-Quality Program (HQP) Assessment. Take the survey and gauge the maturity of your E&C program prior to the event. This assessment is valued at $500 for individual users but is included in IMPACT registration! Get Valuable Benchmarks - Throughout the conference we will be sharing metrics from the HQP and compare your results with your peers.  Resources It’s not too late to register for IMPACT 2020. Conference information and registration available here. For more information on ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for February 2020. Some of the highlights include: Lambert Motion for Acquittal Denied. We take a deep dive into the motion and the court’s ruling. Pemex Investigation Expands. What does it mean for US companies? Is each email a separate FCPA violation? What does this mean for the DOJ going forward? Cardinal Health FCPA resolution. Key takeaways for the compliance professional.  Resources To a copy of the Top 10 International Anti-Corruption Developments for February 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Karen Woody, Assistant Professor of Law. Her areas of expertise include, Securities Law, Financial Regulation and White-Collar Crime. We visit about the recent Supreme Court argument in the Lui case and how it might (or might not) impact the SEC’s ability to seek profit disgorgement for fraudsters. Some of the highlights include: What is profit disgorgement? Is it different from restitution? How has the SEC used this doctrine in the past? How did the Kokesh decision open the way for the Lui appeal? How does the Lui case attack this doctrine? What question was before the Supreme Court? What were the parties arguments? From the Court’s questioning, what can be gleaned? Will the Court really allow convicted fraudsters to keep their ill-gotten gains by doing away with profit disgorgement? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for January 2020. Some of the highlights include: Airbus-in this massive and sprawling case, Koukios details what are the 3 key takeaways you would advise a company on from the matter. The French PNF involvement and what it might mean from French anti-corruption enforcement going forward. SFO Wins First Conviction for Withholding Documents Requested in Bribery Investigation. Isabel dos Santos, Sonangol and Angola-what does it mean and what should companies do now?  Resources To a copy of the Top 10 International Anti-Corruption Developments for January 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode, I visit with Quyen Truong, a partner at Stroock & Stroock & Lavan in Washington DC. In this podcast we discuss the firm’s recent article on the national impact of this proposed mini-CFPB, part of a major California’s major push to dominate the consumer protection landscape; and the key aspects of the proposed agency expansion, particularly the top enforcement threats facing the industry. Some of the highlights include: Some of the highlights include: An overview of the California proposal to create a mini-Consumer Financial Protection Bureau in California. What types of businesses does the proposal cover? What will be the role of the California Dept. of Business Oversight? What are the similarities with the federal law and CFPB? Could this law be expanded to B2B companies? Could this law serve as a model for other states? With the Trump Administration’s recent rollback on CFPB enforcement, will states likely take up the slack? For a copy of the article California’s Mini-CFPB: National Impact and Enforcement Threat, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Bryan Sillaman, Managing Partner of the Paris office of Hughes Hubbard & Reed. In this podcast we discuss the French portion of the Airbus anti-corruption enforcement action. Some of the highlights include: Describe the French enforcement authorities and the law under which they investigated and then issued the Judicial Public Interest Agreement with Airbus? What is the French Blocking Statute and what role did it play in the investigation? Why is this enforcement action a milestone in French anti-corruption enforcement? What was the final penalty assessed by the French Court? How will the monitorship over Airbus work in practice? What does the French Judgment say about or do for the PNF? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode, I visit with Tony Charles, Chief Client Officer at Steele Compliance Solutions, Inc. In this podcast we discuss the firm’s recent article 3rd Party Due Diligence: Creating a Credible and Defensible Program. We use it as an entrée into the topic of 3rd party due diligence.  Some of the highlights include: ·      What was the genesis behind the article 3rd Party Due Diligence: Creating a Credible and Defensible Program? ·      Where should a company begin due diligence? ·      What are the levels of due diligence? ·      What is investigative tiering? ·      What is an investigative framework? ·      What are the critical components of automated due diligence program? For a copy of the article 3rd Party Due Diligence: Creating a Credible and Defensible Program, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Erica Salmon Byrne, EVP at Ethisphere, Governance and Compliance and Chair of the Business Ethics Leadership Alliance. In this podcast we discuss Ethisphere’s 2020 World’s Most Ethical company honorees. Some of the highlights include: What was the Ethical Premium for 2020 honorees? The number of companies and the number of countries represented on this year’s list of honorees. What is the Ethisphere’s Ethics Quotient and how does it help assess companies? Why is the application process so rigorous? Join Ethisphere to celebrate the 2020 WME companies at the Gala Dinner on March 31. Resources 2020 World’s Most Ethical Companies® Honoree List Ethisphere Press Release on 2020 WME awards Letter from Ethisphere President Tim Erblich on 2020 WME awards The Ethics Premium for 2020 Information on Ethisphere’s Gala Dinner celebrating 2020 WME honorees Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s concluding Episode 5, Tom Fox provides his perspective with some final thoughts about what it all means.  Highlights include: The significance of the largest international anti-corruption enforcement action of all time. Why a complete sweep of Airbus was required and did it achieve one? What are the three key takeaways for the compliance professional? How this enforcement action will be the model for international cooperation in investigations and enforcement going forward. At the end of the day, what does it all mean? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 4, Cecilia Fellouse-Guenkel discusses what the Airbus enforcement means for compliance in France, French companies and French compliance practitioners.  Highlights include: What was the role of French prosecutors in the Airbus anti-corruption enforcement action? Why is the Airbus enforcement action so critical to the success of Sapin II? What are the three key takeaways for the compliance professional? How should the Board of Directors of a French company respond? Why is culture the critical question? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 3, Jonathan Armstrong considers the UK’s Serious Fraud Office role in the enforcement involving Airbus. Highlights include: The transparency in the UK-Deferred Prosecution Agreement process allows greater information to for the compliance professional. What are the key differences in the UK and US DPA process? The breadth and scope of the UK investigation. The UK-DPA is not the end of the story as there may well be significant individual enforcement actions going forward. What does Airbus mean for the new SFO style of anti-bribery enforcement action? Resources Cordery Compliance Client Alert on the Airbus enforcement action here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 2, Mike Volkov considers that US trade sanction enforcement involving Airbus. Highlights include: How was Airbus subject to US trade sanction jurisdiction? This is one of the few cases where the DOJ focused on anti-corruption and trade sanctions. Airbus had complete absence of commitment to compliance. Airbus had a completely broken culture. What were the three categories of ITAR violation identified by the DOJ? Resources Mike Volkov’s review of the ITAR portion of the US enforcement action here.   Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 1, Jay Rosen considers the FCPA enforcement involving Airbus. Highlights include: What was the procedural history of the enforcement action? Why companies who do business with the government need robust compliance. Airbus was clearly incentivized to cooperate with the DOJ. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Joanne Taylor, Managing Director at K2, an industry leading investigative, compliance and cyber defense services firm. Joanne joined K2 Intelligence with 20 years of experience in legal, investigations, and financial crime compliance. This includes fraud risk management, anti-bribery and corruption, regulatory enforcement, and fraud investigations within leading international financial and legal services industries. Prior to joining K2 Intelligence, Joanne led global anti-fraud, bribery and corruption strategy and was previously responsible for the global whistleblowing program and cross-border investigations related to fraud, bribery and corruption for a European bank. In this podcast we discuss the UK portion of the Airbus anti-corruption enforcement action.  Some of the highlights include: The Airbus international corruption settlement is so massive that many compliance professionals might have trouble getting their arms around it. What are there some key takeaways you see from your perspective? Can you describe the extensive cooperation noted by the UK Court by Airbus after the investigation began in earnest? What is the significance of the French/UK/US taking the lead in different aspects of the investigation? The UK Court provided a detailed look at the economic consequences of a trial and guilty verdict. Why was this analysis so critical to the Court? What do you see as the significance of the international cooperation by investigating agencies and enforcement agencies? What does the UK Judgment say about or do for the SFO? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for December 2019. Some of the highlights include: South Korea Passes Bill to Establish New Anti-Corruption Agency. Four of the top 6 FCPA enforcement actions of all-time are telecom companies? Why is telecom so susceptible to corruption? You were involved in one of the earliest telecom trials. Do you see much difference in the corruption from the Haitian Teleco cases and the much larger ones like Ericsson? What lessons do you seen in this enforcement action for the compliance professional? Will we see more teleco FCPA enforcement actions in 2020 or 2021?  SNC-Lavalin resolves corruption charges in Canada.  Resources To a copy of the Top 10 International Anti-Corruption Developments for December 2019 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for November 2019. Some of the highlights include: The Lambert guilty verdict. Can you have a guilty verdict for conspiracy without a conviction of the underlying offense? Revision to FCPA Corporate Enforcement Policy. What changed? Former CEO of Brazilian Chemical Company Indicted for FCPA and Money Laundering Offenses. Is this an outlier or will it become more prevalent? SEC Whistleblower numbers. What if anything do these numbers mean for Chairman Clayton’s attempts to cut back on the size of whistleblower awards? Miami Investment Firm Executive Pleads Guilty in $1.2 Billion Venezuelan Money Laundering Scheme. Resources To a copy of the Top 10 International Anti-Corruption Developments for November 2019 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of corruption risk. The key is to develop a mechanism to determine the appropriate level of due diligence and then implement that going forward. The question becomes how you use the information you obtained in the business justification and the questionnaire to determine an appropriate level of due diligence for the next step in the five-step process of third-party management. A three-step approach of varying levels of due diligence is the appropriate analysis to take going forward. A three-step approach was discussed in Opinion Release 10-02, in which the DOJ discussed the due diligence that the requesting entity performed. This Opinion Release sets out a clear break which every compliance practitioner should use in considering an appropriate level of due diligence to engage with your third-party risk management process or when considering the level of due diligence required on a potential business venture partner. A very good description of the three levels of due diligence was presented by Candice Tal, Founder and CEO of Infortal Worldwide, in an article entitled “Deep Level Due Diligence: What You Need to Know”. Three key takeaways: A Level I due diligence should only be used where there is a low risk of corruption. A Level II due diligence is sufficient in a high-risk jurisdiction if there are no red flags to be cleared. Level III due diligence is deep dive, boots on the ground investigation. Learn more about your ad choices. Visit megaphone.fm/adchoices

We previously considered the Prong in the Evaluation that was not present in the Ten Hallmarks of an Effective Compliance Program; that being root cause analysis. The requirement was first raised in the 2017 Evaluation. It was then carried forward as a requirement in the FCPA Corporate Enforcement Policy, later in 2017. It was discussed again in the 2019 Guidance. You should begin with the question of who should perform the remediation; should it be an investigator or an investigative team which were a part of the root cause analysis? Jonathan Marks, believes the key is both “independence and objectivity.” It may be that an investigator or investigative team is a subject matter expert and “therefore more qualified to get that particular recourse”. Yet to perform the remediation, the key is to integrate the information developed from the root cause analysis into the solution. Marks further noted that the company may also have deficiencies in internal controls. More importantly, the failure to remediate gaps in internal controls “provides the opportunity for additional errors or misconduct to occur, and thus could damage the company’s credibility with regulators” by allowing the same or similar conduct to reoccur. Finally, with both the 2019 Guidance and FCPA Corporate Enforcement Policy, the DOJ has added its voice to prior SEC statements that regulators “will focus on what steps the company took upon learning of the misconduct, whether the company immediately stopped the misconduct, and what new and more effective internal controls or procedures the company has adopted or plans to adopt to prevent a recurrence.” Three key takeaways: The key is objectivity and independence. The critical element is how did you use the information you developed in the root cause analysis? The key is that after you have identified the causes of problems, consider the solutions that can be implemented by developing a logical approach, using data that already exists in the organization. Learn more about your ad choices. Visit megaphone.fm/adchoices

Well known fraud investigator Jonathan Marks, defined a root cause analysis as “a research based approach to identifying the bottom line reason of a problem or an issue; with the root cause, not the proximate cause the root cause representing the source of the problem.” He contrasted this definition with that of a risk assessment which he said “is something performed on a proactive basis based on various facts. A root cause analysis analyzes a problem that (hopefully) was previously identified through a risk assessment.” He went on to note a, “Root cause analysis is a tool to help identify not only what and how an event occurred, but also why it happened. When we are able to determine why an event or failure occurred, we can then recommend workable corrective measures that deter future events of the type observed.” Marks also contrasted a root cause analysis with an investigation. He noted, “in an investigation we are try to either prove or disprove an allegation.” This means that in a compliance investigation you may be trying to prove or disprove that certain transactions could form the basis of a corrupt payment or bribe by garnering evidence to either support or refute specific allegations. You do not assess blame and that is the point where a root cause should follow to determine how the compliance failure occurred or was allowed to occur. Three key takeaways: A root cause analysis is now required if you have a reportable compliance failure. There is no one process for performing a root cause analysis. You should select the one which works for you and follow it. To properly perform a root cause analysis, you need trained professionals who really understand what they’re doing. Learn more about your ad choices. Visit megaphone.fm/adchoices

Your company has just made its largest acquisition ever and your CEO says they want you to have a compliance post-acquisition integration plan on their desk in one week. Where do you begin? A good place to start would be the 2012 FCPA Guidance language: Pre-acquisition due diligence, however, is normally only a portion of the compliance process for mergers and acquisitions. DOJ and SEC evaluate whether the acquiring company promptly incorporated the acquired company into all of its internal controls, including its compliance program. Companies should consider training new employees, reevaluating third parties under company standards, and, where appropriate, conducting audits on new business units. As reported by New and Trahanas, in a July 2018 speech, former Deputy Assistant Attorney General Matthew Miner emphasized that DOJ would apply the principles contained in the FCPA Corporate Enforcement Policy to successor companies that discover potential violations subsequent to an acquisition, as well as to acquirers who detect potential corrupt activities during the due diligence process. He also encouraged acquiring companies to seek guidance through the FCPA Opinion Procedures. Miner said the DOJ would apply the principles contained in the FCPA Corporate Enforcement Policy to acquiring companies that uncover potential FCPA violations in the mergers and acquisitions context. This means if you meet the four requirements under the FCPA Corporate Enforcement Policy, the default DOJ position would be a declination would be granted. Three key takeaways: Planning is critical in the post-acquisition phase. Build upon what you learned in pre-acquisition due diligence. You literally need to be ready to hit the ground running when a transaction closes. Learn more about your ad choices. Visit megaphone.fm/adchoices

A company that does not perform adequate due diligence prior to a merger or acquisition may face both legal and business risks. Perhaps most commonly, inadequate due diligence can allow a course of bribery to continue - with all the attendant harms to a business’s profitability and reputation, as well as potential civil and criminal liability. While most compliance practitioners have been long aware of the requirement in the post-acquisition context, the 2012 FCPA Guidance focused many compliance practitioners of the need to engage in robust pre-acquisition due diligence. This was expanded again in the 2017 Evaluation but the 2019 Guidance made even more clear the need for a robust compliance presence in the pre-acquisition phase. It stated, “A well-designed compliance program should include comprehensive due diligence of any acquisition targets. Pre-M&A due diligence enables the acquiring company to evaluate more accurately each target’s value and negotiate for the costs of any corruption or misconduct to be borne by the target. Flawed or incomplete due diligence can allow misconduct to continue at the target company, causing resulting harm to a business’s profitability and reputation and risking civil and criminal liability.” Three key takeaways: The results of your pre-acquisition due diligence will inform your post-acquisition integration and remediation going forward. Periodically review your M&A due diligence protocol. If red flags appear in pre-acquisition due diligence, they should be cleared. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Philip Urofsky, partner at Shearman & Sterling, Editor-in-Chief of the firm’s most excellent FCPA Digest. We visit about the firm’s 2020 FCPA Digest, Recent Trends and Patterns in the Enforcement of the FCPA and consider some of the highlights from the report. We also take a deep dive into the issue of agency under the FCPA, which was a major legal issue in the Hoskins trial and an ongoing debate on the issue of parent-subsidiary liability under the FCPA. Some of the highlights include: Enforcement actions and strategies seen in 2019. What did the numbers tell us? What were some of the perennial statutory issues address and litigated in 2019? Did the DOJ adequately address the issue of parent-subsidiary liability? Do the Barclays and Deutsche Bank enforcement actions end the question of whether a job for a child or relative can be a ‘thing of value’ under the FCPA? What is the significance you seen in the Criminal Division’s 2019 Guidance? Is the ‘inability to pay’ a codification of existing DOJ practice or something new? What is the significance of the Och-Ziff restitution case? What were some of the key developments in the UK around Bribery Act prosecutions and enforcement actions? Resources To download a copy of the Shearman & Sterling 2020 FCPA Digest, Recent Trends and Patterns in the Enforcement of the FCPA click here. To use the fully searchable Shearman & Sterling FCPA digest, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

One of the areas articulated in the 2019 Guidance was around payments and payroll. For the both the compliance professional and the corporate payroll function, there is a significant role to play in the operationalization of a corporate compliance program. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) was replete with references to payment and its critical nature to any best practices compliance program. This includes references to payments to foreign officials, payments to third parties and hiding bribes in payments to distributors. The 2019 Guidance begins with an admonition to stop wasting time on low hanging fruit when there are much higher risks in your business operations. It stated: Risk-Tailored Resource Allocation – Does the company devote a disproportionate amount of time to policing low-risk areas instead of high-risk areas, such as questionable payments to third-party consultants, suspicious trading activity, or excessive discounts to resellers and distributors? Does the company give greater scrutiny, as warranted, to high-risk transactions (for instance, a large-dollar contract with a government agency in a high-risk country) than more modest and routine hospitality and entertainment?  The 2019 Guidance then drills down into the payment and payroll system, stating: Appropriate Controls – How does the company ensure there is an appropriate business rationale for the use of third parties? If third parties were involved in the underlying misconduct, what was the business rationale for using those third parties? What mechanisms exist to ensure that the contract terms specifically describe the services to be performed, that the payment terms are appropriate, that the described contractual work is performed, and that compensation is commensurate with the services rendered?   Taken together, these questions may not seem particularly new, innovative, or even something different from what payroll currently does for an organization. However, the 2019 Guidance , clearly demonstrates the role of payroll in compliance. The 2019 Guidance requires that payroll not only form a part of any best practices compliance program, but when it comes to the specific subject matter expertise, payroll is on the front lines of any attempts to prevent, detect, and then remediate anti-corruption compliance violations. Three key takeaways: Payroll can be a key prevent and detect control. The Evaluation specified the tying of the corporate compliance function to the corporate payroll function. Offshore payments remain a key indicator for a red flag. Learn more about your ad choices. Visit megaphone.fm/adchoices

The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. When it came to the corporate compliance function, 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, simply noted the government would “consider whether the company devoted adequate staffing and resources to the compliance program given the size, structure, and risk profile of the business.”  This Hallmark was significantly expanded in both the 2019 Guidance and the FCPA Corporate Enforcement Policy. And in so doing, the DOJ has increased the prestige, authority and role of both the corporate compliance function. The 2019 Guidance has four general areas of inquiry around the corporate compliance function. (1) What is the seniority and stature of the compliance function within an organization? (2) What are the experience and stature of the compliance personnel with an organization? (3) What is the funding and resources made available to the compliance function? (4) How much autonomy does the compliance function have to report to the Board of Directors? Three key takeaways: How is compliance treated in the budget process? Has your compliance function had any decisions over-ridden by senior management? Beware outsourcing of compliance as any such contractor must have access to company documents and personnel. Learn more about your ad choices. Visit megaphone.fm/adchoices

The role of the CCO has steadily grown in stature and prestige over the years. In the 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, it focused on the whether the CCO held senior management status and had a direct reporting line to the Board; stating: In appraising a compliance program, DOJ and SEC also consider whether a company has assigned responsibility for the oversight and implementation of a company’s compliance program to one or more specific senior executives within an organization. Those individuals must have appropriate authority within the organization, adequate autonomy from management, and sufficient resources to ensure that the company’s compliance program is implemented effectively. Adequate autonomy generally includes direct access to an organization’s governing authority, such as the board of directors and committees of the board of directors. This Hallmark was significantly expanded in both the 2019 Guidance and the FCPA Corporate Enforcement Policy. And in so doing, the DOJ has increased the prestige, authority and role of both the CCO and corporate compliance function. The 2019 Guidance has four general areas of inquiry around the CCO and corporate compliance function. (1) How does the CCO salary and stature within the organization compare to other senior executives within the company. (2) What are the experience and stature of the CCO with an organization? Does the CCO have appropriate training for the role? (3) How much autonomy does the CCO have to report to the Board of Directors? How often do the CCO meet with directors? Are members of the senior management present for these meetings with the Board of Directors or of the Audit Committee? (4) Is the compliance function run by a designated chief compliance officer, or another executive within the company, and does that person have other roles within the company?   Learn more about your ad choices. Visit megaphone.fm/adchoices

One of the critical elements found in the 2019 Guidance is the need to use the information you obtain, whether through risk assessment, root cause analysis, investigation, hotline report or any other manner to remediate the situation which allowed it to arise. It stated:  Evolving Updates – How often has the company updated its risk assessments and reviewed its compliance policies, procedures, and practices? Has the company undertaken a gap analysis to determine if particular areas of risk are not sufficiently addressed in its policies, controls, or training? What steps has the company taken to determine whether policies/procedures/practices make sense for particular business segments/subsidiaries? Your company should establish a regular monitoring system to spot issues and address them. Effective monitoring means applying a consistent set of protocols, checks, and controls tailored to your company’s risks to detect and remediate compliance problems on an ongoing basis. To address this, your compliance team should be checking in routinely with local finance departments in your foreign offices to ask if they have noticed recent accounting irregularities. Regional directors should be required to keep tabs on potential improper activity in the countries in which they manage. These ongoing efforts demonstrate that your company is serious about compliance.  Three key takeaways: Innovation can come through a new way to think about and use data going forward. Have a plan in place to use the information garnered in your monitoring incorporated back into your compliance program. Always remember that Document Document Document is critical if the regulators come knockin Learn more about your ad choices. Visit megaphone.fm/adchoices

Control Testing – Has the company reviewed and audited its compliance program in the area relating to the misconduct? More generally, what testing of controls, collection and analysis of compliance data, and interviews of employees and third-parties does the company undertake? How are the results reported and action items tracked?    Fortunately, the Committee of Sponsoring Organizations of the Treadway Commission (COSO) 2013 Internal Controls Framework considers assessing compliance internal controls. In “Internal Controls – Integrated Framework, Illustrative Tools for Assessing Effectiveness of a System of Internal Controls”, COSO laid out its views on assessing the effectiveness of internal controls. It noted that an effective system of internal controls provides “reasonable assurance of achievement of the entity’s objectives, relating to operations, reporting and compliance.” Moreover, there are two over-arching requirements that can only be met through such a structured protocol. First, each of the five components are present and functioning. Second, that the five components operate in an integrated fashion with each other. One of the most critical components of the COSO Framework is that it sets internal control standards against those which you can audit to assess the strength of your compliance internal controls.  Three key takeaways: An effective system of internal controls provides reasonable assurance of achievement of the company’s objectives, relating to operations, reporting and compliance. There are two over-arching requirements for effective internal controls. First, each of the five components are present and function. Second, are the five components operating together in an integrated approach. For an anti-corruption compliance program, you can use the Ten Hallmarks of an Effective Compliance Program as your guide to test against. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) was very clear about the need for continuous improvement in any compliance program. It stated quite succinctly, “One hallmark of an effective compliance program is its capacity to improve and evolve. The actual implementation of controls in practice will necessarily reveal areas of risk and potential adjustment. A company’s business changes over time, as do the environments in which it operates, the nature of its customers, the laws that govern its actions, and the applicable industry standards. Accordingly, prosecutors should consider whether the company has engaged in meaningful efforts to review its compliance program and ensure that it is not stale.”   This was further specified in the DOJ’s 2019 Guidance which listed three types of continuous improvement, each further refined with multiple attendant questions. It also added a new area of inquiry that every compliance practitioner needs to incorporate into their assessment, improvement and management cycles; culture.  Three key takeaways: Your compliance program should be continually evolving. Monitoring and auditing are different, yet complimentary tools for continuous improvement. Culture assessment and monitoring are also now required as well. Learn more about your ad choices. Visit megaphone.fm/adchoices

There is nothing like an internal whistleblower report about a compliance violation, the finding of such an issue, or (even worse) a subpoena from the DOJ or notice letter from the SEC to trigger the Board of Directors and senior management attention to the compliance function and the company’s compliance program. Such an event can trigger much gnashing of teeth and expressions of outrage followed immediately by proclamations “We are an ethical company.” However, it may well be the time for a very serious reality check. Three key takeaways: A serious FCPA allegation gets the attention of the Board and senior management. Use this time to move the compliance program forward. Be aware of how your investigation can impact and even inform your remediation efforts. Be prepared to deal with the dreaded “where else” question. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Dave Lefort, Editor in Chief for Compliance Week. Dave recently wrote “It’s hard to tell whether the age we’re living in is the calm before the storm or if it is the storm. One way or another, we’ll likely get some clarity in the year ahead for CCOs navigating these choppy waters.” I asked him to come on the podcast and discuss his 10 predictions on what will dominate compliance headlines in 2020.   Big Tech in antitrust crosshairs. Is everyone ganging up on big tech? Deregulation. Is it real or is it Memorex?  Recession worries: Impact on ethics and compliance. Will compliance have to do more with less or less with less?  2020 elections. How could it impact the regulatory environment heading into 2021?  Protecting whistleblowers. Will Congress step in where the Supreme Court gutted protection? Will Trump’s public berating of the impeachment whistleblower embolden those accused of wrongdoing to retaliate?  Data privacy equation has changed. How so?  GDPR: Waiting for the big one. Which US company will it be? Regulators will reward good-faith efforts. Is it softening or a refocus? Ethics and Artificial Intelligence: Trouble ahead? Will Skynet become self-aware?  Supply chains, geopolitical risk, and third parties. If this is such a big problem, where are the resources to fix it?  Resources Dave’s article Ten Things We’ll Be Talking About in 2020 Subscribe to Compliance Week here. Use the code, NEWYEAR2020 … for a $365 for a one-year membership. Register for Compliance Week 2020, here. Learn more about your ad choices. Visit megaphone.fm/adchoices

After the internal report comes in and you have properly triaged the matter, you need to scope out and investigate it, promptly, thoroughly and with competent personnel. Your company should have a detailed written procedure for handling any complaint or allegation of bribery or corruption, regardless of the means through which it is communicated. The mechanism could include the internal company hotline, anonymous tips, or a report directly from the business unit involved. You can make the decision on whether or not to investigate with consultation with other groups such as the Audit Committee of the Board of Directors or the Legal Department. The head of the business unit in which the claim arose may also be notified that an allegation has been made and that the Compliance Department will be handling the matter on a go-forward basis. Through the use of such a detailed written procedure, you can work to ensure there is complete transparency on the rights and obligations of all parties, once an allegation is made. This allows the compliance team to have not only the flexibility but also the responsibility to deal with such matters, from which it can best assess and then decide on how to manage the matter.  Three key takeaways: A written protocol, created before an investigation, is a key starting point. Create specific steps to follow so there will be full transparency and documentation going forward. Consistency in approach is critical. Learn more about your ad choices. Visit megaphone.fm/adchoices

The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into a FCPA issue for your company. As the CCO, it will be up to you to begin the process which will determine, in many instances, how the company will respond going forward. This scenario was driven home by the SEC in a 2015 FCPA enforcement action involving Mead Johnson Nutrition Company. In this enforcement action, the company performed two internal investigations into allegations that its Chinese business unit was engaged in conduct which violated the FCPA. Unfortunately, the first investigation, performed in 2011, did not turn up any evidence of FCPA violations. It was not until 2013, when the SEC made an inquiry to the company that it performed an adequate internal investigation which uncovered FCPA violations. Three key takeaways: The DOJ and SEC put special emphasis on internal reporting lines. Test your hotline on a regular basis to make sure it is working. Have a triage protocol in place before the call comes in so you will be ready to go and not required to scramble to create a protocol. Learn more about your ad choices. Visit megaphone.fm/adchoices

The building blocks of any compliance program lay the foundations for a best practices compliance program. For instance, in the life cycle management of third parties, most compliance practitioners understand the need for a business justification, questionnaire, due diligence, evaluation and compliance terms and conditions in contracts. However, as many companies mature in their compliance programs, the issue of third-party management becomes more important. It is also the one where the rubber meets the road of operationalizing compliance. It is also an area the DOJ specifically articulated in the 2019 Evaluation that companies need to consider.  The key is to have a strategic approach to how you structure and manage your third-party relationships. This may mean more closely partnering with your third parties to help manage the anti-corruption compliance risk. It would certainly lead towards enabling your company to control risk while optimizing the performance of your third parties. Three key takeaways: Have a strategic approach to third-party risk management. Rank third parties based upon a variety of factors including compliance and business performance, length of relationship, benchmarking metrics and KPIs for ongoing monitoring and auditing. Managing the relationship is where the real work begins.  Learn more about your ad choices. Visit megaphone.fm/adchoices

As every compliance practitioner is well aware, third parties still present the highest risk under the FCPA. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) devotes an entire prong to third-party management. It begins with the following: A well-designed compliance program should apply risk-based due diligence to its third-party relationships. Although the degree of appropriate due diligence may vary based on the size and nature of the company or transaction, prosecutors should assess the extent to which the company has an understanding of the qualifications and associations of third-party partners, including the agents, consultants, and distributors that are commonly used to conceal misconduct, such as the payment of bribes to foreign officials in international business transactions.   This clearly specifies that the DOJ expects an integrated approach that is operationalized throughout the company. This means you must have a process for the full life cycle of third-party risk management. There are five steps in the life cycle of third-party risk management, which will fulfill the DOJ requirements as laid out in the 2012 FCPA Guidance and in the Ten Hallmarks of an Effective Compliance Program. They five steps in the lifecycle of third-party management are:  Business Justification; Questionnaire to Third-party; Due Diligence on Third-party; Compliance Terms and Conditions, including payment terms; and Management and Oversight of Third Parties After Contract Signing.   Learn more about your ad choices. Visit megaphone.fm/adchoices

After you complete your risk assessment, you must then translate it into a risk profile. If your estimate of where your bribery risk is greatest is wrong, it will be an effort to address it. As Ben Locwin explained in his  BioProcess International article, entitled “Quality Risk Assessment and Management Strategies for Biopharmaceutical Companies”:  Once we have assessed risks and determined a process that includes options to resolve and manage those risks whenever appropriate, then we can decide the level of resources with which to prioritize them. There always will be latent risks: those that we understand are there but that we cannot chase forever. But we need to make sure we have classified them correctly. With a good understanding of each of these, we are in a better position to speak about the quality of our businesses. A way to evaluate risks as determined by the company’s risk assessment is through a risk matrix. Once risks are identified, they are then rated according to their significance and likelihood of occurring, and then plotted on a heat map to determine their priority. The most significant risks with the greatest likelihood of occurring are deemed the priority risks, which become the focus of your remedial efforts or for continuous auditing. A variety of solutions and tools can be used to manage these risks going forward, but the key step is to evaluate and rate these risks. All your actions should flow from the risk ranking. Three key takeaways: Even after you complete your risk assessment, you must evaluate those risks for your company. The DOJ and SEC are looking for a well-reasoned approach on how you evaluate your risk. Create a risk matrix and rank your risks; then remediate and monitor as appropriate. Learn more about your ad choices. Visit megaphone.fm/adchoices

One cannot really say enough about risk assessments in the context of anti-corruption programs. This is because every corporate compliance program should be based upon a risk assessment, to understand your organization’s business from the commercial perspective, how your organization has identified, assessed, and defined its risk profile and, finally, the degree to which the program devotes appropriate scrutiny and resources to this range of risks.    As far back as 1999, in the Metcalf & Eddy enforcement action, the DOJ has said that risk assessments that measure the likelihood and severity of possible FCPA violations should direct your resources to manage these risks. The 2012 FCPA Guidance stated it succinctly when it said, “Assessment of risk is fundamental to developing a strong compliance program and is another factor DOJ and SEC evaluate when assessing a company’s compliance program.” This language was supplemented in the 2017 FCPA Corporate Enforcement Policy, which stated, “The effectiveness of the company’s risk assessment and the manner in which the company’s compliance program has been tailored based on that risk assessment.” A risk assessment determines the areas at greatest risk for FCPA violations among all types of international business transactions and operations, the business culture of each country in which these activities occur, and the integrity and reputation of third parties engaged on behalf of the company. The reason is straightforward; one cannot define, plan for, or design an effective compliance program to prevent bribery and corruption unless you can measure the risks you face.  Three key takeaways: Since at least 1999, the DOJ has pointed to the risk assessment as the start of an effective compliance program. The DOJ will now consider both your risk assessment methodology for identifying risks and gathered evidence. You should base your compliance program on your risk assessment. Learn more about your ad choices. Visit megaphone.fm/adchoices

Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it will engender a level of trust that can work to not simply motivate employees but lead to a more successful workplace and, at the end of the day, a more profitable company. This encompasses the entire lifecycle of the employment relationship, from hiring through separation. It works in areas as seeming disparate as compensation and incentives, discipline, promotion and internal reporting.  Three key takeaways: The DOJ and SEC have long called for appropriate and consistent application of both incentives and discipline. The Fair Process Doctrinewill help set institutional justice as the norm in your organization. Inconsistent application of discipline will destroy your compliance program credibility. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with André H. Paris, a Brazilian Compliance Consultant and Lawyer. He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Paris has experience in Corporate Risk Analysis and Management, as well as in Protecting Corporate Reputation and Crisis Management. He is also quite enthusiastic on building a more ethical and transparent business environment. Paris is the author of the recently released book Compliance - Ethics and Transparency as the Way Forward. I met Paris at a compliance conference in Brazil last year. I am always interested in the views on compliance from practitioners outside the US, most particularly those who have written on the subject. He came on to the podcast to discuss his book and the current compliance scene in Brazil. Due to the numerous corruption scandals, many Brazilian companies have experienced an extreme reputation crisis. Companies have suffered substantial reputational bumps, including loss of market value, frequent presence on police pages, destroyed careers and thousands of jobs down the drain, as well as a profound brand disruption. Paris believes that many of these risks should never have been taken, seeking results at any cost. One of the challenges is helping the market to understand the need and value of compliance. Additionally, many companies are trying to catch by creating internal structures focused on this compliance. Compliance needs to be further studied and deepened. Paris believes there is the need for constant updating. While the book deals with the main themes of corporate compliance, Paris both in the podcast and in his book does not shy away from expressing his opinions on topics that are often considered controversial. Resources To purchase a copy of Compliance - Ethics and Transparency as the Way Forward (in Portuguese) click here André Paris LinkedIn Profile Learn more about your ad choices. Visit megaphone.fm/adchoices

One of the areas that many companies have not paid as much attention to in their compliance programs is compensation. However, the DOJ and SEC have long made clear that they view monetary structure for compensation, rewarding those employees who do business in compliance with their employer’s compliance program, as one of the ways to reinforce the compliance program and the message of compliance. As far back as 2004, then SEC Director of Enforcement Stephen M. Cutler noted that integrity, ethics and compliance needed to be part of promotion, compensation and evaluation processes: “At the end of the day, the most effective way to communicate that “doing the right thing” is a priority, is to reward it.”  The 2012 FCPA Guidance stated the “DOJ and SEC recognize that positive incentives can also drive compliant behavior. These incentives can take many forms such as personnel evaluations and promotions, rewards for improving and developing a company’s compliance program, and rewards for ethics and compliance leadership.” This same concept around compensation and incentives was brought forward in the 2019 Guidance - Incentives and Disciplinary Measures, which read: Incentive System – Has the company considered the implications of its incentives and rewards on compliance? How does the company incentivize compliance and ethical behavior? Have there been specific examples of actions taken (e.g., promotions or awards denied) as a result of compliance and ethics considerations? Who determines the compensation, including bonuses, as well as discipline and promotion of compliance personnel? The first question posed in the 2019 Guidance requires you to start with the basic question of what does your employee compensation consist of? Is it a straight salary? Is it variable? If so, what does the variable component consist of? Is it a discretionary bonus based upon the overall success of the entire business enterprise or some small subset such as a business unit or geographic region? Is it solely personal? Or is it some combination of all of the above? Three key takeaways: The DOJ and SEC have long advocated compensation as a way to motivate employees into ethical and compliant behaviors Keep the compliance aspects of your compensation structure simple and easy for your employees to understand Have full transparency in the framework of your compensation structure Learn more about your ad choices. Visit megaphone.fm/adchoices

One of the key goals of any compliance program is to train employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of compliance. While it seems axiomatic that compliance training is a mainstay of any best practices compliance program, the conversation around training has evolved over the years. The 2012 FCPA Guidance started the conversation. Beginning in the fall of 2016, through the announcement of the FCPA Enforcement Pilot Program, the DOJ began to talk about whether you have determined the effectiveness of your training. This conversation continued with the 2017 Evaluation where it asked, “How has the company measured the effectiveness of the training?” This point has bedeviled many compliance professionals yet is now a key metric for the government in evaluating compliance training. It evolved further in the 2019 Guidance with the mandate that training must be “truly effective”. Finally, the training must be presented in a language in which the employees understand, which means in a local language, if the training is outside the US or other non-English-speaking countries. Also raised in the 2017 Evaluation was the focus of your training programs, where the DOJ inquired into whether your training was “tailored” for the audience. This added two requirements. The first was to assess your employees for risk to determine the type of training you might need to deliver by risk ranking your employees. Obviously, the sales force would be the highest risk but there may be others who are deserving of high-risk training as well. From this risk ranking, you were required to develop tailored training for the risks those employees will face. The 2019 Guidance spells this out in greater detail. Not only in the design but who receives it, all coupled with backend determination of effectiveness. Finally, all of this must be documented. Three key takeaways: How and why have you tailored your compliance training? The DOJ has mandated demonstrating the effectiveness of compliance training How is your training presented: both in languages and media? Learn more about your ad choices. Visit megaphone.fm/adchoices

What is the message of compliance inside of a corporation and how it is distributed? In a compliance program, the largest portion of your consumers/customers are your employees. Social media presents some excellent mechanisms to communicate the message of compliance going forward. Many of the applications that we use in our personal communications are free or available at very low cost. Why not take advantage of them and use those same communication tools in your internal compliance marketing efforts going forward?  Why should you do so? Start with the tech-savvy nature of the today’s workforce. It is not simply about having a younger workforce but a workforce whose primary tool for communication is social media. If your company is in the services business, it probably means your employee base is using technological tools to deliver business solutions. Finally, consider the data-driven nature of business today so using technological tools to deliver products and solutions is something your company most probably does now. Finally, never forget the social part of social media. Social media is a more holistic, multiple-sided communication. Not only are you setting out expectations but also these tools allow you to receive back communications from your employees. The D&B experience around the name change for its Code of Conduct is but one example. You can also see that if you have several concerns expressed it could alert you earlier to begin some detection and move towards prevention in your compliance program. Three key takeaways: Incorporation of social media into your compliance communications can pay big dividends. Focus on the ‘social’ part of social media. Use internal corporate social media to facilitate a 360-degree conversation. Learn more about your ad choices. Visit megaphone.fm/adchoices

A 360-degree view of compliance is an effort to incorporate your compliance identity into a holistic approach so that compliance is in touch with and visible to your employees at all times. It is about creating a distinctive brand philosophy of compliance which is centered on your consumers. In other words, it helps a compliance practitioner to anticipate all the aspects of your employees needs around compliance. This is especially true when compliance is either perceived as something that comes out of the home office or is perceived as the “Land of No.” A 360-degree view of compliance gives you the opportunity to build a new brand image for your compliance program. This is important as the Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) mandates that for a compliance program to be effective, it must be understood by a wide variety of stakeholders.  Communications is often thought of as a two-way street - upward and downward, inbound and outbound, or side-to-side. However, it is better to think of it as a 360-degree effort. You simply can no longer effectively communicate in just two ways. You now communicate in a more holistic manner, and in multiple ways. If you are just thinking about communications in the classic form, you are missing something that is happening around you. 360-degrees of compliance communication is not just a classic form of communication but rather it is a communication in the concept of every interaction, whether they be planned or accidental interactions. It is all a form of communication. This is particularly true if you are a compliance professional, practitioner or Chief Compliance Officer. The things you do, the way you act, and the way people see you, you are always communicating. It is not simply communicating one to one as often you may be communicating to a group across siloed boundaries, to the constituencies you had not even planned to communicate with initially. Learn more about your ad choices. Visit megaphone.fm/adchoices

What specifically are internal controls in a compliance program? The starting point is the FCPA itself, which requires issuers to devise and maintain a system of internal controls that can reasonably assure: Transactions are executed in accordance with management’s general or specific authorization; Transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and (II) to maintain accountability for assets; Access to assets is permitted only in accordance with management’s general or specific authorization; and The recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The DOJ and SEC, in the 2012 FCPA Guidance, stated: Internal controls over financial reporting are the processes used by compa­nies to provide reasonable assurances regarding the reliabil­ity of financial reporting and the preparation of financial statements. They include various components, such as: a control environment that covers the tone set by the organi­zation regarding integrity and ethics; risk assessments; con­trol activities that cover policies and procedures designed to ensure that management directives are carried out (e.g., approvals, authorizations, reconciliations, and segregation of duties); information and communication; and monitoring. … The design of a company’s internal controls must take into account the operational realities and risks attendant to the company’s business, such as: the nature of its products or services; how the products or services get to market; the nature of its work force; the degree of regulation; the extent of its government interaction; and the degree to which it has operations in countries with a high risk of corruption. Three key takeaways: Effective internal controls are required under the FCPA. Internal controls are a critical part of any best practices compliance program. There are four significant controls for the compliance practitioner to implement initially. (a) Delegation of authority (DOA); (b) Maintenance of the vendor master file; (c) Contracts with third parties; and (d) Movement of cash/currency. Learn more about your ad choices. Visit megaphone.fm/adchoices

There are numerous reasons to put some serious work into your compliance policies and procedures. They are certainly a first line of defense when the government comes knocking. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) made clear that “Any well-designed compliance program entails policies and procedures that give both content and effect to ethical norms and that address and aim to reduce risks identified by the company as part of its risk assessment process.” This statement made clear that the regulators will take a strong view against a company that does not have well thought out and articulated policies and procedures against bribery and corruption; all of which are systematically reviewed and updated. Moreover, having policies written out and signed by employees provides what some consider the most vital layer of communication and acts as an internal control. Together with a signed acknowledgement, these documents can serve as evidentiary support if a future issue arises. In other words, the “Document, Document, and Document” mantra applies just as strongly to policies and proceures in anti-corruption compliance. The specific written policies and procedures required for a best practices compliance program are well known and long established. According to the 2012 FCPA Guidance, some of the risks companies should keep in mind include the nature and extent of transactions with foreign governments (including payments to foreign officials); use of third parties; gifts, travel, and entertainment expenses; charitable and political donations; and facilitating and expediting payments. Policies help form the basis of expectations for standards of conduct in your company. Procedures are the documents that implement these standards of conduct. Compliance policies do not guarantee employees will always make the right decision. However, the effective implementation and enforcement of compliance policies demonstrate to the government that a company is operating professionally and ethically for the benefit of its stakeholders, its employees and the community it serves. Three key takeaways: Written compliance policies and procedures, together the Code of Conduct, with form the backbone of your compliance program. The DOJ and SEC expect a well-thought out and articulated set of compliance policies and procedures and that they be adequately communicated throughout your organization. Institutional fairness for the application of policies and procedures demands consistent application across the globe. Learn more about your ad choices. Visit megaphone.fm/adchoices

What is the value of having a Code of Conduct? In its early days, a Code of Conduct tended to be lawyer-written and lawyer-driven to wave in regulator’s face during an enforcement action as proof of ethical overall behavior. Is such a legalistic code effective? Is a Code of Conduct more than simply your company’s internal law? What should be the goal in the creation of your company’s Code of Conduct?  How important is the Code of Conduct? Consider the 2016 SEC enforcement action involving United Airlines, Inc., which turned on violation of the company’s Code of Conduct. The breach of the Code of Conduct was determined to be a FCPA internal controls violation. It involved a clear quid pro quo benefit paid out by United to David Samson, the former Chairman of the Board of Directors of the Port Authority of New York and New Jersey, the public government entity which has authority over, among other things, United’s operations at the company’s huge east coast hub at Newark, NJ. The actions of United’s former CEO, Jeff Smisek, in personally approving the benefit granted to favor Samson violated the company’s internal controls around gifts to government officials by failing to not only follow the United Code of Conduct but also violating it. The $2.4 million civil penalty levied on United was in addition to its 2016 Non-Prosecution Agreement (NPA) settlement with the DOJ, which resulted in a penalty of $2.25 million. The scandal also cost the resignation of Smisek and two high-level executives from United. In the 2012 FCPA Guidance, the DOJ and SEC states: A company’s Code of Conduct is often the foundation upon which an effective compliance program is built. As DOJ has repeatedly noted the most effective codes are clear, concise, and accessible to all employees and to those conducting business on the company’s behalf. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) further specified “As a threshold matter, prosecutors should examine whether the company has a code of conduct that sets forth, among other things, the company’s commitment to full compliance with relevant Federal laws that is accessible and applicable to all company employees.” The Department of Justice (DOJ) Antitrust Division, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Guidance) also specified “If the company has a Code of Conduct, are antitrust policies and principles included in the document?” Three key takeaways: Every formulation of a best practices compliance program starts with a written Code of Conduct. The substance of your Code of Conduct should be tailored to the company’s culture, and to its industry and corporate identity. “Document, Document, and Document” your training and communication efforts. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Ephraim (Fry) Wernick. He is a partner in the Government Investigations and White-Collar Practice Group at Vinson & Elkins LLP in Washington, DC. Mr. Wernick joined V&E in June 2019 after serving 11 years as a federal prosecutor, including most recently as Assistant Chief of the U.S. Department of Justice, Criminal Division’s Fraud Section, where he supervised dozens of FCPA cases, including four of the largest-ever corporate criminal resolutions. Mr. Wernick now represents public and private companies and individuals in connection with government and internal investigations. Mr. Wernick is a graduate of Brown University and the University of Texas School of Law. In this podcast we take a deep dive into the jury instructions in the recent Hoskins FCPA trial. Some of the highlights include: What was the procedural history of the Hoskins case leading up to trial? The court’s agency instruction required the government to establish three elements: (1) “a manifestation by the principal that the agent will act for it”; (2) “acceptance by the agent of the undertaking”; and (3) “an understanding between the agent and the principal that the principal will be in control of the undertaking.” The court further instructed that “[t]he undertaking consists of the acts or services which the agent performs on behalf of the principal.” Hoskins’ arguments focus primarily on the element of control. Did the DOJ satisfy this element? At trial, the DOJ presented evidence that although Hoskins worked for the French parent, for the purposes of his actions around bribery and corruption, he was the agent of the US subsidiary. What was some of evidence presented at trial to show agency? Will it be enough to satisfy the Second Circuit definition in the inevitable appeal? At the ACI National Conference, Assistant Attorney General Brian Benczkowski said that the DOJ would analyze each case individually to determine if there was such an agency relationship present. What will the DOJ likely take into account? Might there be further clarification from the trial court or Second Circuit? Does the DOJ trial win against Hoskins open up wider individual prosecutions under the FCPA for foreign employees of foreign subsidiaries who may never set foot in the US? Resources Vinson and Elkins’ firm page on Fry Wernick Learn more about your ad choices. Visit megaphone.fm/adchoices

In addition to a company’s senior management, there is a Board of Directors at the top. Yet the role of the Board is different than that of senior management. For the Board of Director, the Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) stated: Oversight – What compliance expertise has been available on the board of directors? Have the board of directors and/or external auditors held executive or private sessions with the compliance and control functions? What types of information have the board of directors and senior management examined in their exercise of oversight in the area in which the misconduct occurred?  The DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Compliance Program Guidance) was even more explicit in announcing  their expectation for robust Board oversight of a corporate compliance function. The Antitrust Compliance Program Guidance stated “For the antitrust compliance program to be effective, those with operational responsibility for the program must have sufficient autonomy, authority, and seniority within the company’s governance structure, as well as adequate resources for training, monitoring, auditing and periodic evaluation of the program. The Antitrust Compliance Program Guidance then went on to ask the following questions: Who has overall responsibility for the antitrust compliance program? Is there a chief compliance officer or executive within the company responsible for antitrust compliance? If so, to whom does the individual report, e.g., the Board of Directors, audit committee, or other governing body? How often does the compliance officer or executive meet with the Board, audit committee, or other governing body? How does the company ensure the independence of its compliance personnel?   Three key takeaways: The DOJ Evaluation requires active Board of Director engagement and oversight around compliance. Board communication on compliance is a two-way street; both inbound and outbound. Does the Board of Directors have a Compliance Expert? Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike Volkov, in a blog post entitled “Mood in the Middle Versus Tone at the Top”, said, “Even when a company does all the right things at the senior management level, the real issue is whether or not that culture has embedded itself in middle and lower management. A company’s culture is reflected in the values and beliefs that exist throughout the company.” To fully operationalize your compliance program, you must articulate the message of ethical values and doing business in compliance and then drive that message from the top down, throughout your organization. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) made clear a company must have more than simply good ‘Tone-at-the-Top’; it must move down through the organization from senior management to middle management and into its lower ranks. This means that one task is to get middle management to respect the stated ethics and values of a company, because if they do so, this will be communicated down through the organization. The 2019 Guidance stated: Shared Commitment – What actions have senior leaders and middle-management stakeholders (e.g., business and operational managers, finance, procurement, legal, human resources) taken to demonstrate their commitment to compliance or compliance personnel, including their remediation efforts? Have they persisted in that commitment in the face of competing interests or business objectives? This requirement speaks to the greater role of non-compliance functions in fully operationalized compliance program. Indeed, one sign of a mature compliance and ethics program is the extent to which a company’s other corporate disciplines are involved in implementing and then taking forward a compliance solution. This approach can act as a lynch pin in spreading a company’s commitment to compliance throughout the employee base. It can also be used to ‘connect the dots’ in many divergent elements of a corporate compliance and ethics program. Three key takeaways: Tone at the top - direct supervisors become the most important influence on people in the company. Give your middle managers a Tool Kit around compliance so they can fully operationalize compliance. Organizational justice is an additional way to help operationalize compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

Obviously, in every compliance program, the ethical tone of a company and accountability all starts at the top and most specifically senior management. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) stated, “The company’s top leaders – the board of directors and executives – set the tone for the rest of the company. Prosecutors should examine the extent to which senior management have clearly articulated the company’s ethical standards, conveyed and disseminated them in clear and unambiguous terms, and demonstrated rigorous adherence by example. Prosecutors should also examine how middle management, in turn, have reinforced those standards and encouraged employees to abide by them.” To assist companies in understanding this requirement the 2019 Guidance sets out the following inquiries. Conduct at the Top – How have senior leaders, through their words and actions, encouraged or discouraged compliance, including the type of misconduct involved in the investigation? What concrete actions have they taken to demonstrate leadership in the company’s compliance and remediation efforts? How have they modelled proper behavior to subordinates? Have managers tolerated greater compliance risks in pursuit of new business or greater revenues? Have managers encouraged employees to act unethically to achieve a business objective, or impeded compliance personnel from effectively implementing their duties? This requirement is more than simply the ubiquitous “tone-at-the-top,” as it focuses on the conduct of senior management. The DOJ wants to see a company’s senior leadership actually doing compliance. The DOJ asks if company leadership has, through their words and concrete actions, brought the right message of doing business ethically and in compliance to the organization. How does senior management model its behavior on a company’s values and finally, how is such conduct monitored in an organization? Three key takeaways: Senior management must actually do compliance; walk-the-walk, not simply talk-the-talk. Use your CEO to talk about current events and how those ethical failures are lessons to be learned for your organization. CEO as Compliance Ambassador. Learn more about your ad choices. Visit megaphone.fm/adchoices

Operationalizing your compliance program can take many shapes and forms. Using the entire risk management process to embed your compliance program within the contours of your organization is an important key step that will allow you to have full visibility of your compliance risks through a longer life cycle. Forecasting allows you to consider your business strategy and wed the risks you can foresee. Risk assessments allow you to evaluate and measure known risks. Risk-based monitoring allows you to monitor both the compliance risks you know about and detect those you do not know, on an ongoing basis. Three key takeaways: The risk management process is an important backbone of operationalizing compliance. You should be able monitor and measure both known and unknown risks. All of these steps help a business to run more efficiently and more profitably. Learn more about your ad choices. Visit megaphone.fm/adchoices

2019 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest amount of FCPA enforcement actions, fines and penalties assessed against corporations but it also saw the greatest number of individual prosecutions. Yet perhaps most significantly there were three noteworthy releases of information by the federal government which directly impacted compliance professionals in 2019. Two came from the Department of Justice (DOJ) and one came from the Department of Treasury, Office of Foreign Asset Control (OFAC). These three guidances contributed to the continued evolution of what constitutes a best practices compliance program. Three key takeaways: The 2019 Compliance Guidance asks three key questions of every corporate compliance program and adds a mandate for culture assessment, management and improvement. The OFAC Framework mandates due diligence on not only third parties in the sales cycle but also vendors in the Supply Chain and customers as well. The Antitrust Division Compliance Evaluation adds a requirement for data analytics and statistical analysis in monitoring and continuous improvement. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Karen Woody, Assistant Professor of Law at Washington and Lee. Karen was in private practice for many years before going into Academia. She specializes in the SEC and issues around the Commission. Some of the highlights include: Karen moved this year from the Indiana University-Kelly School of Business to the Law School at Washington and Lee. We discuss some of the differences in teaching at a law school as opposed to a business school. Karen assesses the SEC’s overall year in FCPA Enforcement. Karen highlights some of the key SEC FCPA enforcement actions over the past year. She provides insights into the upcoming Supreme Court consideration of Lui and Wang attack on profit disgorgement. We consider SEC Chairman Clayton’s backing off on his attempt to cut whistleblower awards. Why did it fail? Woody highlights some of the SEC enforcement areas she is paying the most attention to going forward. We conclude with a look into the veiled land of the future and what Woody expects to see from the SEC in 2020. Resources Scholarly papers from Karen Woody, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, a partner at Morrison and Foerster in Washington DC. Koukios is a former prosecutor from the Department of Justice who worked in the FCPA Unit. He is back to discuss the firm’s monthly newsletter the Top 10 International Anti-Corruption Developments for October 2019. Some of the highlights include: ·       The DOJ Issues Guidance on Corporate Inability-to-Pay Claims. We consider is this something new or codification of prior practices? ·       The Unaoil guilty pleas. Are they huge, even bigger than Panalpina? ·       The EU whistleblower initiative. Is this a sea change or something else? What might it mean for anticorruption enforcement? ·      OECD Expresses Concern over Brazil’s Foreign Bribery Enforcement. Has there been a change in Brazil enforcement or is this simply a part of the natural ebb and flow of enforcement actions? ·      Are things really going to heat up in Mexico in terms of investigations involving Pemex? Should US companies which have done business in Mexico be scrubbing their operations?   Resources To see the firm’s Top 10 International Anti-Corruption Developments for October 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with James Koukios, a partner at Morrison and Foerster in Washington DC. Koukios is a former prosecutor from the Department of Justice who worked in the FCPA Unit. He is back to discuss the firm’s monthly newsletter the Top 10 International Anti-Corruption Developments for September 2019. In this podcast we discuss: What are you key takeaways from the 3 fiscal year ending FCPA enforcement actions from the SEC? Restitution is becoming for a bigger topic in FCPA settlements. What is restitution in the FCPA context? Why the different rulings in Och-Ziff and PetroEcuador? Should companies start to consider this in settlement negotiations? SEC Chair Laments Perceived Lack of International Anti-Corruption Enforcement Efforts-What is (or was) going on? Mexico-are things really going to heat up in terms of investigations involving Pemex. Should US companies which have done business in Mexico be scrubbing their operations? To see the firm’s Top 10 International Anti-Corruption Developments for September 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Stacie Hartman, co-chair of the Financial Services Group at Steptoe & Johnson LLP. She offers insight in how this new appeal to whistleblowers could impact the type or volume of enforcement cases within the CFTC. Stacie leads major cases in courts around the country and in enforcement proceedings before the Commodity Futures Trading Commission (CFTC), Securities and Exchange Commission (SEC), and financial exchanges, as well as in investigations by the US Department of Justice (DOJ). She has a strong track record of helping her clients avoid prosecution completely or obtain settlements at record-low penalties.  In July, the House passed the Whistleblower Protection Reform Act of 2019, which passed by a vote of 410-12. Last month the Senate introduced the Whistleblower Programs Improvement Act. In this podcast we consider what these pieces of legislation might mean for the corporate compliance practitioner. Some of the highlights include: We consider if these pieces of legislation are in response to the Supreme Court decision in Digital Realty Trust? If so, how do they remedy the Court’s decision? Are there be ancillary issues involved? Do they expand the definition of whistleblower? What do they do for the timeframes for decisions on whistleblower awards at the SEC and CFTC? Listeners are familiar with whistleblower process to the SEC. Have there been What if any are the differences in the process program run by to the CFTC?  Resources Stacie Hartman firm profile Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 5, I visit with Salim Saud, Partner at Saud Advogados, in cooperation with Hughes, Hubbard & Reed LLP, on developments in anti-bribery enforcement from Brazil from over the past year. Some of the highlights include: What is the key role the CGU has taken over the past year? How is the CGU currently assessing compliance programs? What were some of the setbacks in Brazil over the year? How can a company obtain a Leniency Agreement? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 2, I visit with Laura Perkins, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: What were some of the key developments from the Department of Justice over the past year in the FCPA? What were some of the enforcement actions from the Department of Justice over the past year in the FCPA? What were some of the policy announcements from the Department of Justice over the past year in the FCPA? What were some of the DOJ tips on best practices in compliance were to be found in FCPA enforcement actions over the past year? Why are the guidance documents from the DOJ so useful to the compliance professional? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 3, I visit with Bryan Sillaman, Managing Partner of the firm’s Paris office, on developments in France regarding anti-bribery enforcement over the past year. Some of the highlights include: What were the anti-bribery prosecutions under Sapin II? What were the first decisions by the AFA on compliance programs? What were changes in whistleblower protection over the past year in France? Why are the developments of a DPA equivalent so significant in France? What the requirement for entering into a settlement agreement in France? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 4, I visit with Michael DeBernardis, on developments from Multilateral Development Banks in the fight against bribery and corruption over the past year. Some of the highlights include: What is the role of Multilateral Development Banks in the fight against bribery and corruption? What were the key enforcement actions reported by the World Bank? What were changes in whistleblower protection over the past year in France? Why are these developments so significant? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 1, I visit with Kevin Abikoff, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: Ø  When did the Alert come into existence? Ø  How has it changed over time? Ø  Why does each edition begin with lyrics from a recording artist we lost over the past? Ø  What is the significance of this year’s tribute to Steve Cash and If You Want to Get to Heaven? Ø  Why is this year-end alert different than other law firm publications of a similar nature? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Lauren Briggerman, Member at Miller & Chevalier and Katherine Pappas, Counsel at Miller & Chevalier about the firm’s most recent edition of the publication Executives at Risk, the Summer/Fall 2019 edition. Some of the highlights include:  What is the publication “Executives at Risk”? What were some of the noteworthy Investigations covered in the report? a. Pharma Executives Charged in Second Criminal Case Involving Improper Opioid Sales. b. Are more executives in danger from the ongoing opioid trials and enforcement actions? What are some of the Cartel issues covered in the report? a. Two Foreign Shipping Executives Charged in Ongoing Ocean Cargo Shipping Cartel Scheme. b.Why do executives need to be concerned with this Administration’s trade sanction policy? There was one significant criminal trade secret case as a former Uber executive was charged with Trade Secrets Theft from Google. These matters are usually civil matters. Why is this case a criminal matter? We consider the extradition matter involving a Société Générale banker living in France deemed a fugitive by U.S. Judge. What does this mean for non-US executives? We visit about the policy developments from the DOJ-the Evaluation of Corporate Compliance Programs. I ask, what is its significant for Executives? Resource Executives at Risk-Summer/Fall 2019 Edition Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I have been joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. We have discussed various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships. and the continuing evolution in monitorships. Today, in this concluding Part 5, we consider the continuing evolution in monitorships. Some of the highlights include: ·       There is growth in monitoring entities that have violated data privacy laws, either because they have suffered a data breach, or have misused data they control. ·       Can you elaborate on data privacy and monitoring? ·       Can you tell us how monitorships fall into different categories based on the type of remediation effort the monitorship is meant to achieve?  ·       How should companies prepare for a monitorship? ·       Does AMI take on pro-active monitorships?    Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In Part 4, we consider the cultural differences between international and US domestic monitorships. Highlights include: ·       How do cultural differences and legal process affect the structures a monitorship of an entity or individuals? ·       Differences between US and other countries related to dealing with Corporations and Individuals? ·       Why are cultural considerations important for a monitor working with multi-nationals? ·       How does working with foreign regulators impact the consideration for a monitor? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In this Part 3, we consider how Gordon’s teaching compliance and investigations at the International Anti-Corruption Academy inform her view of wide-ranging cultural differences in monitorships. Highlights include: ·       What is the International Anti-Corruption Academy? ·       Who attends?   Cultural Differences must be an interesting aspect of the Academy. ·       What do you do at the Academy? ·       How do the cultural differences come into consideration when teaching compliance at the Academy? ·       Is the subject of data/technology having an impact in building and operating entity-wide compliance programs? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In episode 2, we discuss the ABA Guidelines on Monitors. Highlights include: ·       Mikhail’s involvement with ABA ·       The ABA, via its Criminal Justice Section, issued Standards for Monitors.  What are they and why are they important? ·       Use of Monitors by more than DOJ ·       The ABA Standards extend into civil and criminal proceedings. ·       Monitors are known by a variety of names including external compliance officers, ombudsmen, Independent Private Sector Inspectors General (IPSIGs), etc Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. Today, in Part 1, we consider why independence in monitors is so critical. Highlights include: ·       Regulator Considerations ·       Former Collogues:  Appearance of Conflict ·       Informal Sympathies ·       The value of an independent to a company that needs a monitor Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Benjamin Britz, a partner at Hughes Hubbard & Reed. We review the current state of the Varsity Blues prosecutions, including the guilty pleas and those still maintaining their innocence. We consider the evidence presented and where the case may be heading. Britz advises clients on all aspects of corporate governance including government investigations, shareholder class action and derivative litigation, and corporate compliance matters. He has represented clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, UK Serious Fraud Office and the enforcement offices of the World Bank, Asian Development Bank and African Development Bank, among others. His practice particularly focuses on anti-corruption compliance, securities enforcement, and accounting and procurement fraud matters. He has performed internal investigations and due diligence exercises around the globe and across an array of different industries. Some of the highlights include: What is the current state of prosecutions? What evidence has been presented? Might there be ancillary issues involved? What will be the fallout for the cooperating witnesses? Is money laundering a viable prosecution strategy? Will the IRS become involved? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Mike Volkov about the Hoskins verdict, which was announced on Friday, November 8. In it Lawrence Hoskins was found guilty on six counts of violating the FCPA, three counts of money laundering, and two counts of conspiracy. Hoskins was acquitted on one money laundering count. We explore this case from the trial perspective. Some of the highlights include: ·        What was the significance of the verdict? ·        What evidence did the prosecutors have to put forward to prove agency? ·        How do prosecutors think through jury presentations? ·        Did the fact that Hoskins basic defense was that he was in charge of a criminal conspiracy and not an agent play poorly in front of the jury ? ·        What might all this mean for FCPA prosecutions going forward? How about internal investigations? ·        What does this case say about being the first to cooperate? ·        What signal does this case say about DOJ prosecution of individuals under the FCPA? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Pamela Fierst-Walsh, who works at the US State Department as the Senior Advisor on Conflict & Critical Minerals and U.S. Representative to the Kimberley Process. Every compliance professional needs to understand not only responsible sourcing but the Kimberley Process and how it relates to anti-corruption compliance. Some of the highlights include: What is Pamela’s role as the Senior Advisor on Conflict & Critical Minerals and U.S. Representative to the Kimberley Process. What is the Kimberly Process? Who developed it? How does it relate to conflict mineral initiatives? Responsible sourcing? How does the US State Department support the Kimberley Process? Where could listeners go for more information?  Resources  For more on the Kimberley Process, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Steven Lofchie, a partner in the NYT office of Cadwalader, Wickersham and Taft. Lofchie and his team have developed an incredible new resource called The Cadwalader Cabinet, which is the “Go To One-Stop Shop” for attorneys and regulators operating in the US financial services sector. Lofchie is the Mastermind behind the Cabinet, this intelligence and knowledge management platform. Some of the highlights include:   What led to the creation of the Cadwalader Cabinet? What market need/opportunity did you see that the Cadwalader Cabinet fills? Why is the Cadwalader Cabinet “Go To One-Stop Shop” for attorneys and regulators operating in the US financial services sector? What are some of the Power links in the Cadwalader Cabinet? Some of other materials available on the Cadwalader Cabinet include expected rules, regs, statutes, but also includes hot topics like Reg BI, LIBOR, Cryptocurrencies, Cannabis Finance and of course FCPA related materials. Resources To check out the Cadwallader Cabinet, click here. Best of all, mention this podcast and receive a free trial. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with one of my favorite people, Francine McKenna, a reporter at MarketWatch. We check in on the current developments in the KPMG-PCAOB scandal including recent guilty pleas, sentencing and where the matter might finally be headed. Some of the highlights include: ·       A review of the Indictment and underlying facts. ·       A review of the horrendous facts about KPMG that came out during the March trial.   ·       What does it say about the PCAOB that two of its former Board members were witnesses for the defense in the trial?  ·       What did all this mean for KPMG head Lynne Doughtie? What does all this mean for audit independence, particularly in the Jay Clayton era at the SEC? ·       Where can listeners go for more information? Resources Francine McKenna on MarketWatch MarketWatch website Re: The Auditors blogsite Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Parth Chanda, CEO of Lextegrity, a leading technology platform that combines the up-front due diligence approval of planned third-party spend with the analysis of actual spend — focused on fraud, corruption and conflicts of interest. Some of the highlights include: ·       Professional background for Chanda, with nearly 20 years in compliance.·       Some of the problems the Lextegrity Integrity platform is addressing with for compliance professionals?  ·       What traditional challenges do CCO’s face when they try to deploy compliance monitoring solutions? They include:a.     Employees lacking sufficient tools to assess risk and take ownership of their own compliance.b.     Complex reports or analytics for the business users not user-friendly or intuitive.c.      Too few legal, compliance, IT and anti-fraud resources to support the business or continuous monitoring efforts.d.     Disorganized and disparate data stores.e.     Risks managed in multiple systems that don’t “talk to each other” or require duplicate entry or manual data input processes.f.      Not having real-time analytics, reporting or monitoring, which leads to missed anomalies and patterns.·       In September’s FRAUD Magazine innovation column authored by Vincent Walden he quoted you for the following, “Avoiding professional biases in your fraud risk management program”.  How does the Lextegrity platform help avoid bias and integrating typical compliance functions with traditional internal audit functions?·       How does the Lextegrity platform integrate both pre-approvals and monitoring?  What are the benefits to that as compared to what’s in the market?·       What’s the benefits to General Counsels and heads of investigations from the platform and about how the machine learning aspects help companies be more strategic and effective? ·       What advice do you have for CCOs and General Counsels when they are evaluating the use of data analytics into their compliance program?·       Where can listeners go for more information? ResourcesParth ChandaLextegrity websiteArticle “Avoiding Bias in Your Fraud Management Program” by Vince Walden in September/October issue of Fraud Magazine Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this concluding Part V, we consider how an ethical culture is a part of an overall ethics and compliance assessment.  Highlights include:Begin with framework for such an assessment, usually the compliance program itself.Is your training both focused and effective?Is there institutional fairness in your promotion and compensation programs?Is there institutional justice around reporting, discipline and investigations?Is your compliance program a paper program or is it fully operationalized?Is there accountability in your organization?For more information see Jay’s blog post How is ethical culture a part of an overall ethics and compliance assessment? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part IV, we consider how to assess your corporate culture.  Highlights include: ·      Who should perform the assessment of corporate culture? ·      An in-house resource may be seen as more ongoing monitoring than culture assessment. ·      Conversely an independent outside expert may be able to garner more fulsome information of the true state of your corporate culture.·      Tools to assess the culture of an organization include employee surveys, conversations, visits to field operations. ·      What are the differences, if any, which must be considered when assessing a global company?·      Why do you need to “fine-tune” a cultural survey to get a good understanding of the company’s culture and obtain meaningful metrics? ·      The bottom line is you should take the temperature of your employees internally by doing regular monitoring of your company to understand its culture and what needs to be done. Please join us for our concluding Episode 5, where we bring it all together and consider how ethical culture is a part of an overall ethics and compliance assessment. For more information see Jay’s blog post How does a company assess its culture? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does, yet who bears the responsibility for establishing and maintaining an ethical culture? In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part III, we consider to what extent the Chief Compliance Officer (CCO) should be involved in shaping a culture of ethics and driving ethical behavior.Highlights include: ·      Who bears the responsibility for culture? ·      The duty most often falls to the CCO, so both the CCO and the entire compliance function need to be able to coordinate the various inputs and support mechanisms that guide employee behavior.·      The CCO is often the face of the ethics program for the company – kind of the spokesperson for the company who helps to drive behavior.·      In hiring and recruiting, a CCO can create a culture where an organization would only hire the right type of people as employees. ·      When managing upward, the CCO has an equally critical mandate through unfettered access to provide information to the Board regarding the compliance and ethics posture at the company, specifically including the culture.·      What are the warning signs of an unethical culture? ·      It is up to the CCO to understand and have their finger on what the culture is, where the challenges are and what needs to be done to continually strengthen the culture. Please join us for Episode 4, where we explore how a company can begin to assess its own culture. For more information see Jay’s blog post What is the CCO’s Role in Strengthening the Organization’s Culture of Ethics?on Corporate Compliance Insights.  For more information on Affiliated Monitors, Inc. check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Yet what factors influence corporate culture. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part II, we consider what can influence an organization’s ethical culture, starting at the top with senior leadership. We consider such questions as whether your senior leaders practice what they preach as employees can spot a disconnect from a mile away.  Highlights include:A company does not have an ethical culture unless top management commits to it.Equally important is a sense of organizational justice and fairness.One of the key elements of effective leadership is listening and that also applies to a company’s culture.Do senior leadership give their people the opportunity to be heard?Do senior leaders get out of the ivory tower, go out into the field and meet with employees?Are there town halls or other types of group interactions?Do the employees see whether their leaders are living those kinds of values?It is crucial for perception to equal reality.The bottom line is there must be alignment between what top management says and the company’s core values – between what the organization says and what it does.Please join us for Episode 3, where we explore the role of a Chief Compliance Officer in strengthening the ethical culture of the organization. For more information see Jay’s blog post What Factors Influence a Company’s Ethical Culture? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Witness the continuing imbroglio surrounding Wells Fargo. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part I, we consider what is ethical culture and why does it matter.  Highlights include:An exploration of the question “what is corporate culture”?Corporate culture is the way things really arein an organization and the way things really work.There may be more than one culture in an organization and there might well be multiple subcultures in a company.M&A due diligence around culture is critical.What different kinds of cultural systems could impact a company?Why is having a “speak up” culture a key indication of a strong ethical culture?How can an organization hold its employees throughout the organization accountable?Why must there must be an alignment between what top management says and the company’s core values to have an effective culture?Please join us for Episode 2, where we will explore the factors that influence a company’s ethical culture. For more information see Jay’s blog post What is Ethical Culture and Why Does it Matter? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Joe Gerard, CEO of i-Sight Software. We consider i-Sight’s recent eBook, Conducting Fraud Investigations with Case Management Software and how case management software facilitates the investigative process. Some of the highlights include: What is iSight Software and what are some of its services, products and tools. What is Case Management Software?How does it assist corporate fraud investigations? How does it help both accuracy and speed?Gerard provides an example of how case management SW works.How case management SW streamlines a pre-existing investigative process?What is the ROI of case management SW?What are some of the differences between homegrown case management solutions (or worse yet—spreadsheets) and case management SW?Where can listeners go for more information? ResourcesJoe Gerardi-Sight SoftwareeBook on Conducting Fraud Investigations with Case Management SW Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I have visited with Phil Fry, VP, Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in this concluding Part 5, we tie it all together, through a discussion of oversight of you the entire process. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.) For more information on Verint, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Phil Fry, VP, Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 4, we discuss sustainability. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.) Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 1, we begin with an overview of the process. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 3, we discuss control. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.)  Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 2, we discuss capture. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.)  Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Matthew Jacobs, a partner at Vinson & Elkins in San Francisco who represented the Audit Committee of the Board of Directors of Juniper Networks in the company’s recently concluded FCPA enforcement action.  In addition to his discussion his work on the matter we discussed some interesting questions about representation during the pendency of a FCPA investigation. Some of the highlights include: Initial retention by the Audit Committee and the scope of the assignment?Why the settlement was so favorable to the company?How the company is in a stronger position now to stay in compliance with the FCPA and other international anticorruption laws today.When should there be separate counsel for company and audit committee?Why do cases take so long and how does that help or hurt the company?What is the role of management changes in the resolution of a FCPA enforcement action?How has the interest of the government in compliance changed?Where does the disgorgement issue fit in settlement discussions?What is the effect of the government deferring to internal investigations?Resources Matthew Jacobs, V&E website. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Shon Ramey, General Counsel at Navex Global. We discuss Navex’s recent acquisition of Lockpath. In addition to his discussion on how Lockpath fits into the strategic plan of Navex Global, Ramey discusses his approach to mergers and acquisitions. Highlights from the podcast include:Why did Navex Global see this acquisition of Lockpath as an opportunity?How does this acquisition provide Navex Global with a more holistic approach to GRC solutions?Cyber security and data breaches have become an important part of M&A pre-acquisition Due Diligence. Can you outline your approach to these issues?Why is it important to have a defined acquisition procedure, which details an acquisition from pre-contact of a target through full integration in place?As the top lawyer for an ethics and compliance software and risk management, you must be hyper-aware of the myriad threats facing companies these days. What, in your experience, are some of the threats most overlooked by businesses?For additional information, see Navex Global Press Release announcing the sale. See article by Phillip Bantz in Corporate Counsel entitled “NAVEX Global General Counsel Discusses M&A Due Diligence”. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with podcast favorite Jim Murphy, who is the VP of Products at Hanzo. We discuss a recent article by Murphy which appeared on Corporate Compliance Insights and was entitled, The Shark in the Wave: Revealing the Lurking Danger of Slack Data.It detailed the dangers from Slack from a compliance and investigative perspective. Highlights from the podcast include: 1.    Murphy’s role at as VP of Products at Hanzo2.    Why did you write, The Shark in the Wave: Revealing the Lurking Danger of Slack Data?3.    A discussion of rise of Slack as a common business tool.4.    What are the dangers in using Slack from the compliance and investigative perspectives?5.    How can a company think though managing these risks? For additional reading, see Murphy’s article, The Shark in the Wave: Revealing the Lurking Danger of Slack Data, on Corporate Compliance Insights by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with podcast favorite Morrison and Foerster partner James Koukios on the firm’s Top 10 International Anti-Corruption Developments for April 2019. We look at some of the key international developments.  Highlights from the podcast include:The debate Over Meaning of “Agent” Under FCPA Intensifies Ahead of Hoskins Trial.Federal Court Finds FCPA Investigation Documents Protected by Attorney-Client Privilege.International Maritime Organization (IMO) Sets Anti-Corruption Agenda.We take a deep dive into the new Evaluation of Corporate Compliance Programs, 2019 Guidance. What is new (if anything)? How does this assist the corporate compliance professional? Should it be read in conjunction with the Benczkowski Memo?To see a copy of the Morrison and Foerster Top 10 International Anti-Corruption Developments for April 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Sacha Harber-Kelly, a partner at Gibson Dunn in the UK and Steve Melrose, a senior Associate at the firm. They authored what I think is one of the best summaries of the recent Serco Graphic Deferred Prosecution Agreement and they came on the podcast to flesh out some of their thoughts on the matter. Highlights from the podcast include: 1.     What is the significance of this Serco DPA?2.     What was the court’s analysis?3.     Why did the court deem the DPA in the interest of justice?4.     What did the court say about the seriousness of the conduct?5.     What was the company’s cooperation and how did that play into the court’s analysis?6.     What would have been the collateral consequences to the company had it been convicted at trial?7.     How did the court view the strength of the evidence brought forward by the SFO?8.     What was the court’s discussion around whether or not the terms of the DPA fair reasonable and proportionate?9.     What is the significance of postponement of the Statement of Facts?10.  Does the Serco Geografix DPA provide any additional guidance beyond prior DPAs issued in the UK? For more information on Sacha Harber-Kelly, check out his LinkedIn profile here. For more information on Steve Melrose, check out his LinkedIn profile here. To read the full client alert, The SFO’s Fifth DPA – High Five or Down Low? Too Slow ! click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Matt Galvin, Vice President, Ethics & Compliance at Anheuser-Busch InBev and Peter Grossman, Co-Founder, Chief Strategist at Labyrinth Training about their work on compliance training to influence behavior at Ab-InBev.  Highlights from the podcast include: 1.      How did they create some of the most innovative compliance training?2.     How can innovative training be effective training?3.     How can compliance training influence behavior?4.     Why does Galvin (and Ab-InBev) emphasis compliance training so robustly?5.     How can non-traditional approaches to compliance training be effective?6.     Why compliance officers should always be curious?7.     How did Matt and Peter come together to create this innovative training regime?  For more information on Peter Grossman, check out his LinkedIn profile here. For more information on his company Labyrinth Training, click here. For more on Labyrinth’s work with Ab-InBev on training, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, over a five-part podcast series, we have considered some of the basic questions around monitors and monitorships. I have been joined in this exploration by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduced the role of independent integrity monitors and corporate monitorships; discussed both pre-settlement and post-resolution monitorships and their different applications;  and listed out some of the considerations a company should take in hiring a monitor. Today, in our concluding Part 5, we look at cost issues when hiring a monitor and how a company can work to ameliorate them. Some of the highlights from this podcast include: What will be the overall scope of the monitorship?What will be the frequency of engagement by the monitor?What will be the duration of the monitorship?What is the experience of the monitor and how does that play into overall costs?How you can work through cost control issues by using a robust monitor’s Workplan?How selective sampling is a powerful tool and why it can be a cost-saving measure.For additional reading see Jay Rosen’s article How Much Will a Corporate Monitorship Cost? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 4, we look at considerations when hiring a monitor. Some of the highlights from this podcast include:Considering the type and style of the monitor in your selection process.What is the expertise of the monitor, not simply in the subject matter but concluding monitorships?Balancing the interests of the regulator, the company and other stakeholders.Making sure that the monitor is bringing value to the company.Why a Monitor must be independent and conflict-free.I hope you will join us tomorrow for Part 5, where we discuss the issue of costs when retaining a monitor. For additional reading see Jay Rosen’s article What Issues Should a Company Consider When Hiring a Corporate Monitor? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 3, we consider the power of a monitorship in the pre-settlement phase of any matter. Some of the highlights from this podcast include: 1.    What is an Internal Cultural Assessment?2.    How can a pre-settlement monitorship be used as a (a) Pre-emptive Strike;  or (b) to prevent a suspension or debarment action?3.    What is the power of a pre-acquisition monitor in M&A Due Diligence?4.    How is an independent integrity monitor can be a powerful prescriptive tool? I hope you will join us tomorrow for Part 4, where we discuss considerations when hiring a monitor. For additional reading see Jay Rosen’s article What is the Power of a Pre-Settlement Monitorship?on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships.  Today, in Part 2, we consider the use of monitors in the post-resolution phase. Some of the highlights from this podcast include: What is a monitorship in the FCPA Context?Complying with Consent DecreesWhen does post-resolution monitorship have the impact of a pre-settlement monitorship?There are myriad of other ways a post-resolution monitorship can help a company navigate post-resolution issues with regulators.I hope you will join us tomorrow for Part 3, where we discuss the power of a pre-settlement monitorship. For additional reading see Jay Rosen’s article What is a Post-Resolution Monitorship? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post- resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 1, introduce the role of independent integrity monitors and corporate monitorships. Some of the highlights from this podcast include: 1.    What is a corporate monitor?2.    What agency has oversight?3.    Who foots the bill?4.    What about subject matter expertise? I hope you will join us tomorrow for Part 2, where we discuss post-settlement monitorships. For additional reading see Jay Rosen’s article Corporate Monitorship 101: Who Are They, and What Can You Expect? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Affiliated Monitor’s Managing Director Jesse Caplan on the recently released DOJ Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.  Highlights from the podcast include: How does this change the Antitrust Division Leniency Program?Does your compliance program have an antitrust focus?How should compliance professionals consider using this Evaluation?How does this Evaluation fit in with Evaluation of FCPA Compliance Programs?For a copy of the DOJ Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with podcast favorite Morrison and Foerster partner James Koukios on the firm’s Top 10 International Anti-Corruption Developments for March 2019. We look at some of the key international developments.  Highlights from the podcast include: The MTS FCPA Settlement.Changes in FCPA Corporate Enforcement Policy-what is ‘De-Confliction’ and ephemeral messaging.OECD Working Group on Bribery Reports on the UK’s Foreign Bribery Enforcement Record.CFTC announces entry into FCPA enforcement.India appoints first anticorruption ombudsman.To see a copy of the Morrison and Foerster Top 10 International Anti-Corruption Developments for March 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

This special bonus episode is a cross-post of Mike Volkov's 100th episode podcast, where he interviewed me. It was a ton of fun and Mike was gracious enough to allow me to post on the FCPA Compliance Report. Click here for the post on Corruption Crime and Compliance. Some of the highlights include: Where is the vast Compliance Podcast Network, and what is coming in the future? The genesis of for Trekking through Compliance and how were you able to pull together and synthesize all of the Star Trek episodes? My perspective on this recent DOJ and OFAC Guidance and how should compliance professionals use this guidance? Given all of this recent government guidance, where does the FCPA Guidance from 2012 fit into the picture?  Does it still have value to the compliance professional? What do you see, over the next five years, and how should compliance professionals prioritize compliance? We always hear about automation, blockchain, artificial intelligence, data analytics and machine learning – how do we sift through these, find valuable compliance applications and then prioritize the use of these technologies? When Trump first assumed the presidency there was concern about his commitment to FCPA enforcement.  What is my view of how this has turned out? Where DOJ will be over the next few years on enforcement and compliance? As compliance continues to evolve and increase its influence, where is the compliance profession growing? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special bonus episode, In the newest episode of Hanzo's Profiles in Excellence series, Sean Freidlin interviews Elizabeth O'Keefe, Compliance Manager at KAYAK and OpenTable. Their conversation includes Elizabeth's career path from over a decade in the compliance space, what an average day as a compliance manager looks like, building a culture where compliance is seen as a collaborator within the organization, major trends impacting the compliance profession, and more. Tune in to listen to the full conversation, or head over to https://corporatecomplianceinsights.com to read the transcribed, edited version.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in this concluding Part 5, we consider the road ahead and the use of monitors by state Attorney Generals. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 4, we consider the challenges for state Attorney Generals in today’s litigation environment. I hope you will join us tomorrow for our concluding Part 5, where consider the road ahead for state AGs. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 3, we consider the role of state Attorney Generals in multistate litigation in the post-tobacco era. I hope you will join us tomorrow for Part 4, where we discuss the challenges of multistate into today’s litigation environment. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 2, we consider the reaction to the Big Tobacco settlement and criticisms directed at the state Attorney Generals.  I hope you will join us tomorrow for Part 3, where we discuss multi-state litigation by state Attorney Generals in the post-tobacco era. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multistate settlements in the post-tobacco era; challenges in multistate litigation and the road ahead. Today, in Part 1, we consider the role of state AGs as enforcers of civil law and in bringing litigation to enforce consumer protect and related statutes. I hope you will join us tomorrow for Part 2, where we discuss the reaction to the Big Tobacco settlement and the criticisms of state Attorney Generals for the process used. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit Michael DeBernardis, Counsel at Hughes Hubbard. We discuss the Trump Administration’s China Initiative and how it may impact FCPA enforcement efforts and spark a potential backlash against US companies. Some of the highlights include: 1.     What is the China Initiative? 2.     Why is it significant? 3.     What developments have you seen over the past 6 months since its announcement? 4.     Does the China Initiative tie into the effort for greater transparency of Chinese owned companies in America per the Senate bill on auditing? 5.     Does the China Initiative mean the FCPA is being weaponized? If so, what are the implications? 6.    What about China push back? FedEx or even GSK? You can find more information on see DeBernardis and Zygielbaum’s article  Revisiting the China Initiative: Will the Focus on FCPA Prosecutions of Chinese Companies Produce Results? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit Kelly Leonard, Executive Director, Insights and Applied Improvisation at The Second City Works. We discuss the compliance training which The Second City Works has developed and how they have incorporated storytelling into compliance training and communications. Some of the highlights include:Most folks are familiar with Second City but what is Second City Works?What are the service offerings of Second City Works?What is the Second Science Project and how does it inform your service offerings?Why is storytelling so important in training and ongoing communications?The book “Yes, And: How Improvisation Reverses "No, But" Thinking and Improves Creativity and Collaboration--Lessons from The Second City”.How do you mentor Millennials but sidestep the drama?As a company scales up or grows how can it keep its lines of communications open?Where can listeners go for more information?You can find more information on The Second City Works by checking out their website, here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit Justin Muscolino, Head of North American Compliance Training Operations for GRC Solution.   Some of the highlights include:  Why do organizations struggle so much with culture and what impact can compliance training have to improve this?What do organizations often get wrong when it comes to training?What happens when organizations do not target their training?One of the issues that organizations face is measuring the effectiveness of their training benchmarking that their compliance is working. How can a compliance professional consider benchmarking?In a blog post on the GRC Solutions website you also look at the training compliance professionals to improve their culture?  How can you train compliance officers around this issue?Any advice for companies trying to get the right culture in their organizations?You can find more information on GRC Solutions by checking out their website, here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit Dave Lefort, Editor of Compliance Week. We discuss the re-platforming of the Compliance Week website. Some of the highlights include:  The nearly one-year journey to the re-platformed Compliance Week siteWhat the user experience will be going forward.How did the re-platforming multiple the Compliance Week user experience?How and why podcasts and videos on the site will be more scannable and readable.What are the new tools available for the user on the Compliance Week site?Check out Compliance Week’s re-platformed website by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, who is the President of Global Technology Markets for Exiger. Daniels is regulatory expert and technology practitioner, bringing more than 15 years in senior management across the financial services, life sciences and energy sectors. He has a reputation for technological innovation in regulatory investigations and compliance management. Some of the highlights include: Daniels’ professional background, how he got to Exiger and his current role at the company.Some of the key technological innovations Daniels has recently seen in the way in which investigations are being handled?We discuss how can Exiger’s technological solutions help a CCO get their arms around the unstructured data which is available to them inside their organization?How can technology be used to create predictive models to rank offshore companies for potential tax and corruption risk?How can a technological solution can be used to help perform a compliance risk assessment?How do Exiger technological solutions assist compliance professionals to improve their corporate culture? For more information on Exiger, check out the firm’s website here. For more information on Brandon Daniels, check out his firm profile here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Sean Freidlin, the Senior Product Marketing Manager, Compliance at Hanzo. We take a deep dive into the state of compliance investigation in 2019, focusing on the impact of the Evaluation of Corporate Compliance Programs on investigations. For more information, Hanzo has published the following work, “THE 2019 GUIDE TO INTERNAL INVESTIGATIONS FOR COMPLIANCE-An eBook on Planning, Protocols, Data Collection, Triage, and Remediation” on which I collaborated. (The eBook was sponsored by Hanzo.) The eBook provides the compliance professional with multiple tools, strategies and tactics for the entire lifecycle of investigations; from initial intake through remediation. I know that you will find it incredibly useful. You can download it here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Over this five-part podcast series, I have visited with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, and the sponsor of this podcast series. We have taken a comprehensive look at state of compliance at the half-year mark of 2019. In the concluding episode, Part V, we consider some of the latest challenges for healthcare compliance, including legislative changes and a recent corruption trial which Orr believes will be seen as a landmark event. There are some safe harbor exceptions but outside of those exceptions a broad interpretation of value is used. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. We have previously considered how compliance programs might be updated based upon lessons learned in recent FCPA enforcement actions, then we considered the Department of Justice’s (DOJ’s) recent guidance on corporate compliance. In Part IV, we consider unique challenges for private equity companies in compliance; both in their organizations and for their portfolio companies. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our final episode where take a deep dive into the burgeoning issues of healthcare and compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

During this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. In Part III, we consider the recently released Department of Justice (DOJ) 2019 Guidance and what it means for compliance professionals. Which will be the topic of our next Podcast. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into the unique issues of Private Equity and compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special bonus podcast, I am joined by Jay Rosen to discuss the stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the FCPA enforcement action against the world’s largest retailer--Walmart. Some of the highlights include: ·     The background facts;·     How significant is the case;·     Is the penalty too low (or too high)?·     Response of Walmart;·     Lessons learned for the compliance professional;·     Was there self-disclosure and full cooperation?·     How should we analyze the monitor requirement under the Benczkowski Memo?  Resources: The documents for this matter include:From the Department Of Justice1.     Criminal Information2.     Non-Prosecution Agreement3.     Plea Agreement and Statement of Facts4.     Press Release From the SEC, Cease and Desist Order and Press Release. See also Tom’s Blog Post Walmart Enforcement Action-Part 1: Introduction. Tom will have multiple blog posts on the Walmart enforcement action so keep abreast on the FCPA Compliance Report.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. In Part II, we consider what can be learned from recent FCPA investigations and settlements. Which will be the topic of our next Podcast. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into DOJ’s recent Evaluation of Corporate Compliance Programs, 2019 Guidance. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. We begin this series by introducing Orr, how he came into focus in the compliance space and where he sees compliance headed down the road. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into lessons learned for the compliance practitioner from recent key FCPA enforcement actions. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I have explored the market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this fifth and concluding episode, I visit with Jonathan Hughes, Director, Strategic Relationships at Assent Compliance. We considered how the market impacts are driving the need for more technology-based solutions for supply chain management. You can check out more about Assent Compliance Inc. at their website, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery  supply chain risk management programs, Corporate Social Responsibility (CSR) value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this fourth episode, I visit with Jared Connors, subject matter expert for Assent Compliance on CSR on the current state of conflict minerals/responsible minerals. Join us tomorrow where we wrap us this series on emerging regulatory areas in a conversation with Jonathan Hughes. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, Corporate Social Responsibility (CSR) value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this second episode, I visit with Sarah Carpenter, Manager, Business and Human Rights for Assent Compliance on the value proposition of CSR for corporations. Join us tomorrow where we consider the current state of conflict minerals/responsible minerals with Jared Connors? You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this second episode, I visit with Jared Connors, subject matter expert for Assent Compliance on Corporate Social Responsibility (CSR) on how to institute a broader supply chain risk management program. Join us tomorrow where we ask, ‘what’s your CSR value proposition’? You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and scaling up to meet future challenges. In episode one, I visit with Kate Dunbar, subject matter expert for Assent Compliance in HTS on the current and evolving HTS landscape. Join us tomorrow where provide an overview of instituting a broader supplier risk management program. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Mark Lanpher, a partner at Shearman & Sterling LLP, practicing in the firm’s White Collar and Regulatory Enforcement group. Lanpher is a former Assistant Chief Litigation Counsel at the SEC. We take a deep dive into the July 2018 change in FCPA Enforcement Policy, announced by the Justice Department creating a safe harbor in mergers and acquisition enforcement actions brought under the FCPA. Some of the highlights from the podcast include:  1.    How did Matthew Miner’s announcement impact the FCPA Corporate Enforcement Policy re: M&A?2.    What were the policy reasons behind the announcement? 3.    Was Miner’s announcement a codification of DOJ/SEC safe harbor policy first articulated in the 2012 FCPA Guidance?4.    How did (or not) Miner’s announcement bring certainty to this area?5.    What does it mean going forward? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where  Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I we considered some of the enforcement numbers. In this Part II, we discuss some of the substantive issues. Some of the highlights in this episode include: Security issues-multiple regulators for large breaches and questions of whether TOMs are adequate. 6 Principles of GDPR-highest is around transparency.Data Subject Rights are seen as the biggest corporate pain points.DPIAs have been embraced by many companies and are seen by regulators as the backbone of a corporate compliance program around data security/data privacy. Industry sweeps are beginning to occur. Mixed quality of legal advice is hurting many companies in their compliance efforts. Some significant cases are headed to trial and then appeal. GDPR is here to stay. For more information on Cordery Compliance, go their website here.For additional reading see the Cordery Compliance article, “GDPR One Year On”.Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:Why are bashful bosses better leaders? (FT)Leaders must know their weaknesses better than their strengths? (FT)A key leadership problem-setting boundaries. (Washington Post)A younger generation of leadership for Glencore is coming. (Bloomberg) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Pat Harned, CEO at the Ethics and Compliance Initiative. We discuss the ECI’s recently concluded annual conference, Impact and some of the highlights for both Pat and myself. The theme of the event was ECI’s High Quality Program (HQP) Framework Assessment. Some of the highlights from the podcast include: 1.    The key theme was the HQP Framework Assessment tool. How did the genius bar facilitate discussions around the tool?2.    How the physical layout of the event facilitated the thorough discussions at Impact 2019.3.    How ECI will use the momentum from this event going forward. 4.    Some of the working groups which have come out of this event and will working to enhance the HQP.5.    What is next for the High-Quality Program and Framework Assessment?6.    A preview of some of the upcoming ECI events people can look forward to in the summer and fall, 2019. ResourcesFor more information on ECI, click here. For information on the High-Quality Program, click here. For information on the HQP Framework Assessment, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Over the course of this podcast series, sponsored by Affiliated Monitors, Inc. (AMI), I have visited with Eric Feldman, Senior Vice President of AMI. We have considered the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. We are exploring what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In this concluding Episode, we bring together our final thoughts through a consider of the question “What does it all mean for your compliance practice?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Over the course of this podcast series, sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. We are exploring what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 4, we consider the question “Does your compliance program work in practice?” Join us tomorrow when we conclude our deep dive into the 2019 Guidance by putting it all together with final thoughts and observations.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over this series we are exploring the 2019 Guidance changes from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 3, we consider the question “Is it being effectively implemented?” Join us tomorrow when begin a deep dive into the 2019 Guidance in considering the third question, “Does your compliance program work in practice?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 2, we consider the question “Is your program well designed?” Join us tomorrow when begin a deep dive into the 2019 Guidance in considering the second question, “Is your program being implemented effectively?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 1, we begin with some of Feldman’s observations on the 2019 Guidance. Join us tomorrow when begin a deep dive into the 2019 Guidance in considering the first question, “Is the program well designed?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:What are management incentives?(Huffington Post)Vale employees warned of dam collapse and were ignored. (WSJ)Think meetings are bad? Just wait until you can’t have any.(FT)Claus von Bülow dies. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:CITGO now part of PdVSA/Venezuelan corruption scandal. (Houston Chronicle)Who else did Chuck Blazer bribe? (NYT)Who is in your supply chain? (FT)Former head of Pemex charged with bribery and tax fraud? (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where  Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I of this two-part series we consider some of the enforcement numbers. In Part II, we will consider some of the substantive issues. Some of the highlights in this episode include: EDPB says just over 150,000 complaints files EU under GDPR. Robust enforcement by both regulators and private bodies/citizens.UK leads with the largest number of complaints filed, followed by Germany then France.Around 950 complaints have reach courts. Italy is the country which has seen the largest number of court cases. Several countries are increasing inspections which could lead to enforcement actions.  For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Is the SEC useless? Mark Cuban thinks so. (Yahoo Finance)Monitor orderd for Wynn Casinos in Massachusettes. (WSJ)Frederick Pierucci continues his crusade against the DOJ and FCPA enforcement.(Shine)What will happen to Carnival Cruise Lines? (Miami Herald) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special bonus podcast, I am joined by the co-hosts of Great Women in Compliance, Lisa Fine and Mary Shirley as well as Amii Bernard-Bahn. We all participated in the recently concluded Compliance Week 2019 and we sat down to provide some of our reflections on the conference. This podcast cross-posts on Great Women in Compliance. The episode is sponsored by Corporate Compliance Insights.  Some of the highlights include: Lisa Fine- the Key Note Presentation by Preet Bharara. Some of the highlights for Lisa were:·     Doing the right thing can often be the most expedient thing as well.·     The problems when you go right up to the ethical line.·     His career advice regarding learning the business side of things.  Mary Shirley- the presentation by Lisa Beth Lentini, Subhashis Nath and Robert Appleton on the behavioral science behind corporate compliance. Some of the highlights for Mary were: ·      The benefits of metrics in a best practices compliance program.·      Her surprise when the audience was polled that fewer than one-half in attendance are currently using data analytics in their corporate compliance programs.·      Data science will be a key component of compliance officers in a very short time.  Amii Bernard-Bahn-the reaction to and participation of the audience in two sessions Amii led on careers in corporate compliance. Some of the highlights for Amii included: ·     Compliance professionals are now thinking of their careers 3-5 years down the road. ·     CCOs are actively considering Board roles as a part of their compliance careers. ·     What are some of the business leadership skills a compliance professional needs to move to non-compliance roles in the C-Suite. Tom Fox-the Key Note address by Hui Chen on where compliance has been, where it is now and where it is going in the 2020’s and beyond. Some of the highlights for myself were: ·     A review of the five decades of compliance.·     The current challenges for the compliance professional.·     Where is compliance and ethics headed into next decade.   For additional reading on Compliance Week 2019 see the following blog posts:On the Importance of Compliance ProgramsThree Compliance Lessons from Preet BhararaLooking Forward in Compliance With Hui Chen  Subscribe to the Great Women in Compliance podcast, co-hosted by Mary Shirley and Lisa Fine. For more information on this episode’s sponsor—Corporate Compliance Insights, check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

 In today’s edition of Daily Compliance News:Braskem Board OK’s $101MM for corruption settlement. (Reuters)Mexican steel company shut down by Mexican government for AML violations. (FT)Workers of America unite? (Washington Post)The long road ahead for Fiat-Chrysler/Renault. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

 In today’s edition of Daily Compliance News:Braskem Board OK’s $101MM for corruption settlement. (Reuters)Mexican steel company shut down by Mexican government for AML violations. (FT)Workers of America unite? (Washington Post)The long road ahead for Fiat-Chrysler/Renault. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       Is corruption across the EU ‘stunning’? (BBC)·       What is management duty to set right tone at the top? (Harvard Law School Forum on Corporate Governance and Financial Regulation)·       What is leadership in action? (Washington Post)·       Why did it take you so long? Nike ends financial penalties for pregnant athletes. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

Today we conclude a five-part podcast series sponsored by Hanzo, where we have considered how to leverage Artificial Intelligence (AI) in compliance investigations. I have been joined by several members of the Hanzo team as we explored the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations include considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. In Part 5, I am once again joined by Keith Laska to consider how the company’s specific approach to finding and managing data across the entire lifecycle of an investigation improves the efficiency of a compliance investigation in a cost-effective manner.  For more information check out Hanzo.co.  Learn more about your ad choices. Visit megaphone.fm/adchoices

I am on a five-part podcast series sponsored by Hanzo. In this series we consider how to leverage artificial intelligence (AI) in compliance investigations. In this series I am joined by several members of the Hanzo team as we explore the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations includes considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. In this Part 4 I am joined by Keith Laska, Chief Commercial Officer at Hanzo to consider how the use of AI in investigations improves the workflow and processes around solving complex problems that compliance professionals experience when work around data. For more information, check out the Hanzo Dynamic Investigator in more detail and how it will assist you moving forward. For more information visit Hanzo.co. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week I embark on a five-part podcast series sponsored by Hanzo. In this series we consider how to leverage artificial intelligence (AI) in compliance investigations. In this series I am joined by several members of the Hanzo team as we explore the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations includes considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. In this Part 3, I am joined by again Jim Murphy, VP for Products at Hanzo to consider more specifically how this technology has been used by legal professionals in the past and why this matters for compliance professionals going forward.  For more information, check out the Hanzo Dynamic Investigator in more detail and how it will assist you moving forward. For more information visit Hanzo.co. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week I embark on a five-part podcast series sponsored by Hanzo. In this series we consider how to leverage artificial intelligence (AI) in compliance investigations. In this series I am joined by several members of the Hanzo team as we explore the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations includes considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. We begin today with Part 2 where I am joined by Jim Murphy, VP for Products at Hanzo to consider how to conduct more conclusive compliance investigations with AI and web-based evidence. For more information, check out the Hanzo Dynamic Investigator in more detail and how it will assist you moving forward. For more information visit Hanzo.co. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week I embark on a five-part podcast series sponsored by Hanzo. In this series we consider how to leverage artificial intelligence (AI) in compliance investigations. In this series I am joined by several members of the Hanzo team as we explore the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations includes considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. We begin today with Part 1 where I am joined by Sean Freidlin, Hanzo’s Senior Product Marketing Manager, Compliance, to consider the current state of investigations. Join us in our next episode where we consider the Hanzo Dynamic Investigator in more detail and how it will assist you moving forward. For more information visit Hanzo.co. Learn more about your ad choices. Visit megaphone.fm/adchoices

n today’s edition of Daily Compliance News:Oliver Wendall Holmes by Stephen BudianskyBrothers Down by Walter BornemanSacred Duty by Tom CottonRise and Fall: The Story of 9/11 by Mitchell Zuckoff Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:Chief Executives behaving badly. (Financial Times)Deloitte offices raided in connection with 1MDB scandal. (Channel News Asia)What is leadership? (WSJ)What is a conflict of interest? (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:BeIN Media Group CEO charged in corruption scandal. (FoxNews)Deutche Bank finds flaw in reporting system. (Wall Street Journal)Whose in your supply chain? (NYT)Compliance staff for banks tough to find? (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Guyana Investigating Leases Controlled by Exxon & Tullow (Bloomberg)In EU 75% of those who observe illegal corp activity afraid to report it. (FT)KPMG to be hit by massive fine in UK. (Reuters)What is risk management (as in when its life or death)? (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:What is ethics? Pimco and Rick Singer (WSJ)Big changes coming to Corporate Leniency Program? (DOJ Press Release)France seeks trial of former IAAF head. (Financial Times)Former South Africa President wants corruption charges thrown out. (Bloomberg) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       So many myths, so little time. The FT lunches with Laura Codruta Kövesi. (FT)·       Red flags on Trump and Kushner? I’m shocked. (New York Times)·       Government official demands he stay at his company’s hotel to visit Irish government. Is it extortion? (Washington Post)·       Compliance Week 2019 kicks off (it’s not too late to attend). (Compliance Week) Learn more about your ad choices. Visit megaphone.fm/adchoices

During this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I have explored market access for supply chain data. I have visited with several Assent team members to introduce the topic, consider what market access is, provide an overview of trade compliance, Federal Acquisition Register (FAR) flow downs, the value of continuous monitoring and the origins of laws impacting market access. In this fifth and final episode, James Calder, Vice-President of Compliance and Regulatory Programs, and I discuss how chemical and product compliance impacts access to markets and supply chain compliance. You can check out more about Assent Compliance Inc. at their website, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Over this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I have been exploring market access for supply chain data. I have visited with several Assent team members to introduce the topic, consider what market access is, provide an overview of trade compliance, Federal Acquisition Register (FAR) flow downs, the value of continuous monitoring and the origins of laws impacting market access. In episode four, Travis Miller, General Counsel (GC), and I discuss how the regulatory requirements of the Federal Acquisitions Regulations (FARs) impact access to markets and supply chain compliance. Join us tomorrow for our final episode where I visit with James Calder on Chemical and Product Compliance. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market access for supply chain data. Over this series, I have visited with several Assent team members to introduce the topic, consider what market access is, provide an overview of trade compliance, Federal Acquisition Regulations (FAR) flow downs, the value of continuous monitoring and the origins of laws impacting market access. In episode three, I discuss with Jared Connors, Subject Matter Expert in Corporate Social Responsibility (CSR),  the value of continue monitoring in trade compliance. Join us tomorrow where we consider Federal Acquisition Register (FAR) flow downs. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market access for supply chain data. In this series, I visit with several Assent team members to introduce the topic, consider what market access is, provide an overview of trade compliance, Federal Acquisition Register (FAR) flow downs, the value of continuous monitoring and the origins of laws impacting market access. In episode two, I continue the conversation with Travis Miller, General Counsel (GC). We introduce the topic of trade compliance and how this new era of trade wars has created such challenges. Join us tomorrow where consider the value of continuous monitoring in trade compliance and the Supply Chain. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Scott Moritz, the Global Lead, Protiviti Forensics. We discuss the Varsity Blues scandal from the forensic perspective. Some of the highlights from the podcast include: Ø  What would a root cause analysis show?Ø  Every college and university need to do a full analysis of its admissions process. From soup to nuts, a complete review. Ø  With so much in the public domain, there is a clear road map to do so.Ø  How should you pressure test your control environment?Ø  What is the curriculum around business ethics? These words must also mean for each institution to look inward. Ø  What will you do when the government comes knocking?  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market access for supply chain data. During the course of this series, I visit with several members of the Assent team to introduce the topic, consider what market access is, provide an overview of trade compliance, Federal Acquisition Register (FAR) flow downs, the value of continuous monitoring and the origins of laws impacting market access. In episode one, I visit with Travis Miller, General Counsel (GC). We introduce the topic of market access and how companies are responding to these requirements. Join us tomorrow where provide an overview of trade compliance. You can check out more about Assent Compliance Inc. at their website, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:King Con by Paul WillettsChasing Phil by David HowardUltimate Folly by Henry MacroryDuped by Abbe EllinThe Confidence Game by Maris KonnikovaAdditional resources-Golden Age of the Grift Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Four more banks named in London bribery suit. (Bloomberg)Can blockchain help in the fight against corruption? (World Economic Forum)South African President appoints new head of bribery unit. (Reuters)FBI targets Johnson & Johnson, Siemens, GE, Philips in Brazilian graft case. (Reuters) Learn more about your ad choices. Visit megaphone.fm/adchoices

This week's highlights include: 1.    Uber stumbles at going IPO. What role did its culture, lack of compliance and ethics play? 2.    Belying those who advocate a paper program compliance defense, DOJ/SEC require compliance programs which actually works. 3.    What is up with Ephemeral Messaging for Businesses? Avi Gessner, Daniel Foerster and Mengyi Xu consider. 4.    What criteria should be used to make reparations to victims of corruption? Sam Hickey explores. 5.    Hong Kong criminally indicts ex-JP Morgan banker in Princeling case. Harry Cassin reports.6.     FCPA Unit head Dan Kahn discusses evolution in FCPA enforcement. Clara Hudson reports. 7.How should you repay victims of corruption? Sam Hickey. 8.    Federal judge lambastes SEC for filing on VW nearly 4 years after emissions-testing scandal erupted. David Shepardson reports.10.  What is the fraud risk for non-profits? 11.  Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. As a listener, you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:More business leaders forced out for ethical lapses than for poor financial performance in 2019. (Washington Post)Do large companies fear legal violations? (New York Times)Nordic/Baltic countries agree to share AML information. (Wall Street Journal)Anti-corruption measures as KPIs for government ministers. What a novel idea. (Yahoo Business News) Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and our newest colleague, Sarah Hadden. We take on one topic which the panelist explores from their expertise. The topic is the Justice Department’s Evaluation of Corporate Compliance Programs-2019 Guidance which was recently released. Sarah Hadden puts on her journalist hat to consider the 2019 Guidance in the context of transparency by DOJ in releasing this information critical for compliance going forward. Sarah rants on all those in the Everything Compliance gang who attended the ECI Impact 2019 conference in her hometown of Dallas and did not reach out to connect with her. (And we know who we are)Matt Kelly considers some different questions such as: Is there anything new? Does it mean any difference in practice? Is it simply a way to wipe out one of the core legacies of Hui Chen? Matt rants on the Trump Administration which said only a couple of weeks ago said it was cracking down on Agency and Department Guidance and literally turns around and issues the 2019 Guidance. Which is it guys?Jay Rosen discuss the original Benczkowski Memo as a precursor to the new 2019 Guidance and how the Benczkowski Memo lays out a roadmap to avoid a monitor by using pro-active assessments. Jay shouts out to the Boston Red Sox for reaching .500. (Matt chastises Jay for now jinxing the Sox)Mike Volkov discusses how the Justice Department is using the state of compliance programs not only at time of violation but also at time of conclusion to reward companies with lower penalties. Mike shouts out to both Brian Benczkowski/DOJ for this new FCPA Compliance Guidance and the Department of Treasury for OFAC guidance around money-laundering and trade sanctions compliance programs.Jonathan Armstrong compares and contrasts the 2019 Guidance document with the information released by SFO on compliance programs. He then considers what a ‘good’ compliance program looks like in his search for a ‘good’ recipe for the perfect Tikka Masala. He rants about the first UK data privacy regulatory action under GDPR, where the UK data protection agency sanctioned the UK government for violation of GDPR. Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into the House Financial Services bill, HR 2515, which amends the Dodd-Frank Act to clarify that whistleblowers who report misconduct to their employers and not to the SEC also have protections against retaliation under the law. This bill fixes the US Supreme Court decision in Digital Realty Trust which mandated that whistleblowers had to go to the SEC to obtain Dodd-Frank anti-retaliation protection. Some of the highlights include: Some of the highlights include: Ø What was the ruling in Digital Realty Trust?Ø Why did it negatively impact whistleblowers, companies and the SEC?Ø What has made whistleblowers and internal reporting so significant?Ø How does the proposed fix benefit whistleblowers, companies and the SEC?Ø Why should businesses get behind this proposed fix?Ø What are the chances it actually is signed into law? For more reading check out Matt’s blog post “Progress on Whistleblower Fix”  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       FCA Whistleblowers given additional protection by US Supreme Court . (Mondovisione)·       More regulatory on capture of the FAA by Boeing? (Wall Street Journal)·       Why good governance matters. (Financial Times)·       CEO pays fine, penalty includes teaching business ethics. (Yahoo Business News) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:Judge scolds SEC over VW lawsuit. (WSJ)With friends like this? (Corporate Counsel)Bombadier faces World Bank debarment. (org.cn)Things go from bad to terrible for Bayer. (WSJ) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:DOJ asks Judge to remove lead defense counsel for Huawei. (NYT)Did cost cutting cause Boeing 737 Max crashes? (Bloomberg)House Financial Services approves bill to overturn Digital Trust Realty. (Radical Compliance)States allege generic drug makers obstructed justice in cartel probe. (Washington Post) Learn more about your ad choices. Visit megaphone.fm/adchoices

In special bonus episode, I present a full hour's presentation of a panel discussion I recently chaired at the ECI Impact 2019 conference. The panel consisted of Steve Scarpino, Director, Ethics and Compliance at BP; Suzanne Mitchell, CCO at US Foods; and Karen Clapsaddle, Ethics Director Lockheed Martin. They were all involved in the design and creation of the ECI High Quality Program and had experience with the Framework Assessment. It was a great review of the HQP and discussion of not only the design of the Framework Assessment but how your company might use it going forward.   Some of the highlights included:The five elements of the HQP;What are the Framework Assessment maturity curves;What level of optimization should companies aspire to'Can the Framework Assessment be used as internal measure;How much is the Framework Assessment quantitative v. qualitative driven?Does a company need to meet all the supporting objectives to be assessed as optimizing?How should you use and communicate maturity levels within your organization?Is backsliding possible?Is there a 'one-size-fits-all'?For additional resources: Check out the ECI website here. More on the ECI High Quality Program. How to use the Framework Assessment. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      What is data security? Ask Jonathan Armstrong. (Financial Times)·      Uber tanks at IPO opening. What did compliance have to do with it? (WSJ)·      SEC Thursday fined Telefônica Brasil S.A. $4.125MM for World Cup tickets. (FCPABlog)·      What to do when the boss tells you to lie to the feds? Ask Don McGahn. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

A big tip of the hat to the Liverpool Football Club for its stunning 4-0 trouncing of Barcelona at Anfield to roar back into the Champions League finals for the second consecutive year. With Tom still singing You’ll Never Walk Alone, he takes a break to join Jay to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.Roger Ng extradited to US. Is he cooperating with authorities? Want to take a deep dive into the 2019 Guidance. Who are the Top Minds for 2019? Regime change ensnares two more companies: Shell and ENI.What is the Corporate Identification Doctrine in Canada and the UK? Would you but a new plane from Boeing? Should compliance be siloed? What is moral harassment and will it ever be prosecuted in the US. JIn Part 2 of a two-part series on monitors, Jay discusses dealing with a monitor after the settlement. What happens when the DOJ outsources its investigations? Two low level players convicted in NCAA bribery case. Tom has a special 5-part podcast series with Don Stern, Managing Director at AMI on Use of Monitors by Defense Counsel. Check out the following: Part 1-Introduction;Part 2-the Nuts and Bolts; Part 3- Case Studies; Part 4-in the Health Care industry; Part 5-Non-Profits and Varsity Blues. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast NetworkTom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:Theranos founder Elizabeth Holmes defense? The government defrauded Theranos (not the other way around). (New York Times)Wells Fargo creates new compliance position but promotes old employee into it. (Financial Times)Too many auditor findings of insufficient controls? SEC solution, eliminate the requirement. (MarketWatch)Deutsche Bank accused of bribery in London lawsuit. (Bloomberg) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       Regime change and more corruption claims. (Bloomberg)·       Another guilty plea in NCAA hoops bribery scandal. (NY Daily News)·       US returns $200MM in corrupt funds back to Malaysia. (Financial Times)·       UK regulator spanks KPMG over poor audit. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Judge says Roger Ng in negotiations with the DOJ, although his lawyer denies it. (New York Times)Colleges in ‘Willful Ignorance’ of corruption, say it ain’t so. (Law360)It’s a bad day when the FT Editorial Board spanks you. (Financial Times)Former Danske bank CEO charged in money-laundering scandal? (Reuters) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       Roger Ng extradited to US. (New York Times)·       Closing arguments made in NCAA bribery scandal case. (ESPN)·       Hell hath no fury like a competitor scorned. (Financial Times)·       What happens when safety is ‘just a given’ at the Board level? (Washington Post) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I have been joined by AMI Managing Director Stern. We have considered how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this concluding episode, we look at a third-party independent in non-profit setting and how it could help universities survive Varsity Blues. Find out more about Affiliated Monitors Inc. by checking out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this fourth episode, we look at a third-party independent in the health care setting. Join us in our concluding episode in which we consider working with independent third-party monitor in the non-profit setting and the Varsity Blues scandal. Find out more about Affiliated Monitors Inc. by checking out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this third episode, we look at some case studies. Case studies are something every lawyer and compliance practitioner responds to because it presents real facts and events that the corporate compliance discipline can learn from and hopefully incorporate these lessons learned into their organizations.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this second episode, take a deep dive into the nuts and bolts of defense counsel working with a third-part independent monitor. Join us in our next episode in which we consider case studies where an independent third-party monitor was used successfully by defense counsel. Find out more about Affiliated Monitors Inc. by checking out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       Regulatory capture, regulatory ineptitude or just don’t care? (Washington Post)·       1MDB diamonds headed to US. (Reuters)·       Boeing knew about safety issue for 1 year before informing FAA. (Wall Street Journal)·       Why compliance needs a seat at the grown-ups table. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this first episode, we introduce the concept of defense counsel working with independent monitors. Join us in our next episode where we dive into the weeds by looking at the nuts and bolts of working with a third-party independent monitor. Find out more about Affiliated Monitors Inc. by checking out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I have back with me, fan favorite James Koukios, partner at Morrison and Foerster.  This is Part 2 of a two-part series where we discuss the firm’s always great Top 10 International Anti-Corruption Developments newsletter. In this episode, we take a look at some of the key highlights from the February newsletter. In the most recent episode, we detailed some of the key developments from the January newsletter. We also have a special segment on the FCPA Opinion Release Procedure. Some of the highlights from the podcast include: DOJ Files $38 Million Civil Forfeiture Action in Connection with Malaysia Sovereign Wealth Fund ScandalWhat is the role of civil forfeiture in anti-corruption enforcement?9thCircuit Court of Appeals Vacates Federal Whistleblower Retaliation Verdict Against Bio-Rad. What does this mean for whistleblower cases going forward?UK Serious Fraud Office Closes Two Foreign Bribery Cases. Gutless move on the part of the new director or is something else going on?What is the Opinion Release Procedure? How a company can use it? What happens on the DOJ side once a request comes into the DOJ?For further reading, see the Morrison and Foerster Top 10 International Anti-Corruption Developments for February 2019, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·       New David McCullough book. (Wall Street Journal)·       How streaming changed music and us. (Financial Times)·       The Lord Lucan Murder case still fascinates. (Financial Times)·       Harper Lee lives on. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:What to do when the founder is toxic? (New York Times)Michael Senna informs 3rdparty risk management. (Wall Street Journal)Exxon sues Cuban companies for expropriation. (Wall Street Journal)Model airplane enthusiasts stop drone delivery. (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·  Insys execs found guilty of racketeering. (New York Times)    Is a socialist revolt coming? (New York Times)·       What’s the going rate for paying BB players at Arizona? Apparently as high as $10K per month. (ESPN)·       Where goeth Tesla? Hat in hand looking for cash apparently. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Wall Street Journal·      Radical Compliance·      FCPA Compliance and Ethics Blog (Part 1)·       Board and Fraud Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong a topic which does not seem to garner the attention that it deserves in data protection; that being passwords. Some of the issues and highlights are: What is two-factor authentication? How, when and where should your use it?What are the most common passwords still in use?Why are passwords one of the most basic forms of data security protection?What are the lessons to be learned? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive intothe role of the Chief Risk Officer in overall Enterprise Risk Management. Some of the highlights include: Some of the highlights include: Ø Why  is effective ERM is more than simply operationalization of ethics and compliance?Ø Why the Board and senior management must take a holistic approach to ERM? Ø Why is it even more important for Boards and senior management to have better risk governance?Ø How do you define the role of Chief Risk Officer?Ø What is the role of internal audit in today’s analytical world of risk management?Ø Could or even should the role of the Chief Audit Officer evolve into the role of a Chief Risk Officer? For more reading check out Matt’s blog post “The Chief Risk Officer Role”. Also listen to the Radical Compliance podcast here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      What happens when your customer is hit by scandal? (Wall Street Journal)·      Tear gas and the Whitney, what does it all mean? (New York Times)·       Boeing CEO confronts hostile shareholders. (Washington Post)·       Will the EU do something about money-laundering? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:Prosecutors ask for hold on Sunny Balwani SEC civil action. (MarketWatch)What’s $5bn among friends? (New York Times)Did Varsity Blues parents engage in a conspiracy or just old-fashioned bribery? (New York Times)Bank regulators behaving badly. (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Over this special 5-part podcast series, I have visited with David Greenberg, Special Advisor at LRN. We took a deep dive into the LRN White Paper entitled, “What’s the Tone at the Very Top: Board and Compliance: The Role of Boards in Overseeing Corporate Ethics & Compliance”. In this podcast series we explore the white paper in depth and provide the Chief Compliance Officer and compliance practitioner with succinct and practical tips for educating, dealing with and reporting to a Board of Directors. In this fifth and final episode, we look at the road ahead. The White Paper stated, “Over time, the gulf between CECOs and boards should be bridgeable. We believe the bridge should be built quickly. The sooner that CECOs have the board’s ear – and that directors are fully aware of what CECOs and the initiatives they lead can bring to the table –the stronger and more resilient their companies will be. Some of the highlights from the podcast include:What practical steps should be taken to engage the board more actively and effectively in ethics and compliance oversight?More time, higher priority, stronger signals from boards in ethics and compliance oversight.Boards need to question whether ethics and compliance are genuinely integral to business operations.Elevate the CECO and establish direct and confidential reporting lines?What lays on the road ahead?Check out the LRN White Paper What’s the Tone at the Very Top: Board and Compliance: the Role of Boards in Overseeing Corporate Ethics & Complianceby clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series, I am visiting with David Greenberg, Special Advisor at LRN. We are taking a deep dive into the LRN White Paper entitled, “What’s the Tone at the Very Top: Board and Compliance: The Role of Boards in Overseeing Corporate Ethics & Compliance”. In this podcast series we explore the white paper in depth and provide the Chief Compliance Officer and compliance practitioner with succinct and practical tips for educating, dealing with and reporting to a Board of Directors. In Episode 4, we look metrics which a BOD should consider and how a Board should oversee senior management around ethics, compliance and culture. Some of the highlights from the podcast include: Ø  CECOs want their boards will send stronger signals to executive management about the importance of embedding ethics and compliance in the company’s business.Ø  CECOs want boards to hold management more accountable for ethics and complianceØ  A BOD should ask management ‘What have you done to assure compliance. Show me.’ Ø  Why should a Board be concerned about metrics around culture?Ø  What measures should a Board employ for culture and ethics? Check out the LRN White Paper What’s the Tone at the Very Top: Board and Compliance: the Role of Boards in Overseeing Corporate Ethics & Complianceby clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series, I am visiting with David Greenberg, Special Advisor at LRN. We take a deep dive into the LRN White Paper entitled, “What’s the Tone at the Very Top: Board and Compliance: The Role of Boards in Overseeing Corporate Ethics & Compliance”. In this podcast series we explore the white paper in depth and provide the Chief Compliance Officer and compliance practitioner with succinct and practical tips for educating, dealing with and reporting to a Board of Directors. In Episode 3, we consider many CECO’s concern that Boards do not dedicate sufficient time and priority to compliance nor go into sufficient depth into compliance programs and potential outcomes . Some of the highlights from the podcast include:Why don’t Boards put in more time around E&C programs?Why is compliance often the last item on the Board agenda and equally as often, left off for later?CECOs want to be challenged by their Boards but often are not.Does your Board have a compliance game plan?Why don’t BODs go deeper into E&C programs? How would they do so?Are Boards even asking the right questions?Check out the LRN White Paper What’s the Tone at the Very Top: Board and Compliance: the Role of Boards in Overseeing Corporate Ethics & Complianceby clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:SW Airlines not told of deactivated safety feature on Boeing 737 Max. (Wall Street Journal)Sexual harassment claims hit the energy industry. (I’m shocked) (Wall Street Journal)Welcome to my Tweet-Up, as Musk/SEC settlement twitter imbroglio. (Wall Street Journal)Power, corruption and duplicity in Alabama over a superfund site. (Washington Post) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series, I am visiting with David Greenberg, Special Advisor at LRN. We take a deep dive into the LRN White Paper entitled, “What’s the Tone at the Very Top: Board and Compliance: The Role of Boards in Overseeing Corporate Ethics & Compliance”. In this podcast series we explore the white paper in depth and provide the Chief Compliance Officer and compliance practitioner with succinct and practical tips for educating, dealing with and reporting to a Board of Directors. In Episode 2, we consider the average Board of Director’s knowledge of compliance and your game plan going forward. Some of the highlights from the podcast include: Ø  Why don’t Boards have a better understanding of the compliance function within their organization?Ø  Why do BOD’s have such little knowledge of the CECO role?Ø  Why does the BOD tend to focus on what has passed rather forward looking?Ø  Does your Board have a compliance game plan?Ø  Why does a BOD need to develop a framework for discussing, evaluating, and measuring ethics and compliance?Ø  Why should BODs relate ethics and compliance to their companies’ core strategy and be able to have a sufficient point of view to guide and oversee it?  Check out the LRN White Paper What’s the Tone at the Very Top: Board and Compliance: the Role of Boards in Overseeing Corporate Ethics & Complianceby clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I have back with me, fan favorite James Koukios, partner at Morrison and Foerster.  This is Part 1 of a two-part series where we discuss the firm’s always great Top 10 International Anti-Corruption Developments newsletter. In this episode, we take a look at some of the key highlights from the January newsletter. Next week we conclude with some of the key developments from the February newsletter. Some of the highlights from the podcast include: Ø  Former Bankers Arrested on FCPA Charges in Mozambique Tuna Boat Scandal. Ø  Japan’s Olympics Chief Faces Corruption Charges in France. Ø  Two European Countries Take Steps to Strengthen Anti-Corruption Efforts.Ø  Italy Publishes New “Bribe Destroyer” Law. Ø  The UK Establishes Financial-Industry Task Force. For further reading, see the Morrison and Foerster Top 10 International Anti-Corruption Developments for January 2019, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5-part podcast series, I visit with David Greenberg, Special Advisor at LRN. We take a deep dive into the LRN White Paper entitled, “What’s the Tone at the Very Top: Board and Compliance: The Role of Boards in Overseeing Corporate Ethics & Compliance”. In this podcast series we explore the white paper in depth and provide the Chief Compliance Officer and compliance practitioner with succinct and practical tips for educating, dealing with and reporting to a Board of Directors. In Episode 1 we introduce the topic of what’s the tone at the very top of your organization. Some of the highlights from the podcast include: Ø  What’s the role of the Board around compliance and ethics?Ø  Why is it important for the Board to actively oversee a C&E program?Ø  What is the biggest disconnect between the BOD and the compliance function?Ø  Board members should think of compliance as beyond FCPA and Sarbanes-Oxley, yet there understanding is members’ fuzzy at best. Ø  Board members understand what auditors do, but they often do not understand compliance enough to ask intelligent questions.” Check out the LRN White Paper What’s the Tone at the Very Top: Board and Compliance: the Role of Boards in Overseeing Corporate Ethics & Complianceby clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      What was behind “Our Man in Havana? (Financial Times)·      Why Ovid is still an inspiration. (New York Times)·       Life of John Hersy. (Wall Street Journal)·      The Best Five. Allison Lurie on heroines over 50. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      What hath Zion wrought? (NY Post)·      Petrobras revisiting its ill treatment of whistleblowers. (Reuters.com)·       Glencore under CFTC investigation for FCPA violations.(Bloomberg)·       Who owns Huawei? (The company says it’s the workers.)(New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Richard Lummis and I are back and today we head in a different direction. We consider the final Bernie Gunther novel by Philip Kerr Metropolis. It is the final Gunther novel as Kerr died earlier this year. The novel is a prequel to the entire series, taking place in 1928, near the end of the Weimar Republic. Some of the highlights were:The city of Berlin as a character in the novel;Bernie Gunther as Phillip Marlow?How close are the police to those they police?What is the symbiotic relationship between the police and criminals of the city?Why is the Weimar Republic in many ways the undiscovered country for Americans? andRichard and I asses not only this book but the entire Gunther series. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:DOJ wants Goldman Sachs to plead guilty over 1MDB. (Financial Times)How did Wirecard generate its profits? (Financial Times)UK agrees to use Huawei to build out its 5G network. What will be the US response? (Financial Times)Be part of the $300MM pool of money—see Endgame this weekend. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

Is the US utilizing FCPA enforcement for world domination? Recovering screenwriter Jay Rosen and frustrated novelist Tom Fox consider this while they also take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Does the statute of limitations run while Trump is in office? Sara Kropf opines. 2.    What is the compliance response to the Varsity Blues scandal? Sandra Erez reports. 3.    NYDFS cybersecurity requirements are live, is your organization ready? Michael McGrath. 4.    Matt Kelly has a twitter storm on Boeing, sales strategy and ethics. Tom and Matt take a deep dive into the imbroglio. 5.    Is the US using FCPA to garner world domination? Henry Astier opines.6.    What are the best practices for managing employee hotline reports? Jaclyn Jaeger reports.7.    What do the WME companies have in common? Aarti Maharaj. 8.    Transparency challenges in CSR. Dunstan Allison-Hope. 9.    Tom is speaking at ECI’s IMPACT 2019 next week in Dallas about the importance of measuring the quality and maturity of your high quality E&C program. Regisration and information is available here. 10.  Join Tom and Jay at Compliance Week 2019 on May 20-22, in Washington DC. Listeners to this podcast can receive a $300 discount by using the code TOM300. You can check out the full agenda, see who’s speaking, and review registration information. 11. Sarah Hadden joins the Everything Compliance as our latest panelist. Listen in on Episode 45, the Drinkin’ the Kool-Aidedition.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 45 we celebrate our newest addition to the Everything Compliance gang; Sarah Hadden. Sarah is the Publisher at Corporate Compliance Insights, taking the helm from founder Maurice Gilbert earlier this year. She is a journalist by profession and has been working in the compliance space, largely at CCI for the past six years. She brings a wealth of talent, knowledge and perspective to our happy band of commentators and help us to 'drink the Kool-Aid.    Sarah Hadden discusses experiential learning. She uses that as a basis to consider what is effective training and how interactive training can lead to a new level of not simply effectiveness but awareness to recency bias which can cloud decision making. Sarah shouts out to internet service providers everywhere who were able to make the Mueller report available as soon as it was released.Matt Kelly discusses best practices around disclosing reporting data and using interactive technologies to improve Codes of Conduct, compliance policies and procedures. Matt rants on former White House Ethics Counsel, Stefan Passantino who urged Mazars USA not to comply with a subpoena that House Oversight Committee issued for Trump’s financial documents. That is ethics for you in TrumpWorld.Jay Rosen talks about repositioning compliance as a business generator. He discusses companies which see compliance as a business advantage and details how they do so. Jay shouts out to former White House counsel Don McGahn for being a “real lawyer” because he takes notes.Tom Fox, sitting in on this episode, uses the top three FCPA settlements of 2019 (MTS, Cognizant and Fresenius) to illustrate how the FCPA Corporate Enforcement Policy, announced in 2017 is being used in practice. He compares the three different types of resolutions used by the Justice Department and what it might mean for compliance going forward. Tom rants about Charles Van Doren and the quiz show scandals from the late 1950s.The members of the Everything Compliance panelist are:Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.comMike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.comJonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.comSarah Hadden– the newest addition to our panel. Sarah is the Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.com  Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into continued ethical, reputational and business imbroglio which Boeing finds itself in around the 737 MAX airliner, as the company finds itself on the ethical tarmac.  Some of the highlights include:Where does compliance come into a sales strategy?Who is responsible for entailing safety - the buyer or seller?What does it mean from the compliance perspective is a safety upgrade is optional?How does regulatory capture affect overseas sales?What is the legal analysis around safety and options for safety upgrade on products?Who should regulate the supply side-the government or the market?For more reading check out Matt’s blog post “More on Boeing and Business Ethics” Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Opioid distributor faces criminal charges. (New York Times)·      NCAA scandal; little fish=big charges. (New York Times)·       Walmart investigates Flipkart’s compliance lapses and bribe paid to govt officials. (EnTracker)·       How does the rest of the world see FCPA enforcement? (AsiaTimes) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Should shareholder authorize payments to corrupt execs to tell what they know about corruption. (Bloomberg)·      Google employees claim retaliation. (New York Times)·       CTFT charges company in $47MM Ponzi scheme. (MarketWatch)·       GSK non-prosecution costs SFO £7.5MM. (The Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance, I have explored supply chain data management. I have visited with several members of the Assent Compliance team to introduce the topic, consider the synergies between several different types of compliance disciplines, the impact on organizations of compliance failures in this area and what are some of the drivers for continued legislation and regulation in this area. In this fifth and final episode, I have back Travis Miller, General Counsel at Assent Compliance Inc. and Director of Assent Compliance USA Ltd. We consider the market drivers for continued legislation. To receive more of the latest news and content on a variety of regulatory and supply chain data management topics click here and sign up for the Assent Compliance newsletter.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance, I explore supply chain data management. In this series, I visit with several members of the Assent Compliance team to introduce the topic, consider the synergies between several different types of compliance disciplines, the impact on organizations of compliance failures in this area and what are some of the drivers for continued legislation and regulation in this area. In this first episode, I visit with Jared Connors, Senior Subject Matter Expert, Corporate Social Responsibility at Assent Compliance Inc. We consider what it the impact on organizations which have a supply chain compliance failure.  Join us in our next episode when we conclude this five-part series by considering the market drivers of continued supply chain compliance. To receive more of the latest news and content on a variety of regulatory and supply chain data management topics click here and sign up for the Assent Compliance newsletter.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance, I explore supply chain data management. In this series, I visit with several members of the Assent Compliance team to introduce the topic, consider the synergies between several different types of compliance disciplines, the impact on organizations of compliance failures in this area and what are some of the drivers for continued legislation and regulation in this area. In this third episode, I visit with Travis Miller, General Counsel at Assent Compliance Inc. and Director of Assent Compliance USA Ltd. We consider the synergies between the emergence of supply chain risk and the compliance response. Join us tomorrow where we explore organizational impacts of compliance failures with Jared Connors. To receive more of the latest news and content on a variety of regulatory and supply chain data management topics click here and sign up for the Assent Compliance newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance, I explore supply chain data management. In this series, I visit with several members of the Assent Compliance team to introduce the topic, consider the synergies between several different types of compliance disciplines, the impact on organizations of compliance failures in this area and what are some of the drivers for continued legislation and regulation in this area. In this second episode, I visit with James Calder, the Vice President of Compliance and Regulatory Programs at Assent Compliance. We introduced the topic of supply chain data management. Join us in our next episode, where we consider the development of supply chain risk management. To receive more of the latest news and content on a variety of regulatory and supply chain data management topics click hereand sign up for the Assent Compliance newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Assent Compliance, I explore supply chain data management. In this series, I visit with several members of the Assent Compliance team to introduce the topic, consider the synergies between several different types of compliance disciplines, the impact on organizations of compliance failures in this area and what are some of the drivers for continued legislation and regulation in this area. In this first episode, I visit with Matt Whitteker, the Vice President of Growth at Assent Compliance. He is also one of the co-founders of the organization. We discussed how Assent Compliance came to be founded through seeing the market need the founders saw and moved to fill with Assent. Join us tomorrow where we introduce the topic of supply chain data management. To receive more of the latest news and content on a variety of regulatory and supply chain data management topics click hereand sign up for the Assent Compliance newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      McKesson employee compares asking for compliance resources to ‘asking for a Ferrari’. (New York Times)·      Odebrecht scandal shows no sign of waning. (BBC)·       Is Knicks’ owner James Dolan the worst owner in sports? (New York Times)·       Brian Lamp signs off. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      McKesson employee compares asking for compliance resources to ‘asking for a Ferrari’. (New York Times)·      Odebrecht scandal shows no sign of waning. (BBC)·       Is Knicks’ owner James Dolan the worst owner in sports? (New York Times)·       Brian Lamp signs off. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I take things in a bit of a different direction as I am interviewed by Sean Freidlin, Senior Product Marketing Manager, Compliance at Hanzo, on a project commissioned by Hanzo which became a part of the Hanzo Q1 2019 Compliance, Risk, and Regulations Research Roundup. Sean explains what the resulting white paper provides and then queries me on some of the deep dives I took into several areas.  Some of the highlights from the podcast include:What is the Hanzo Q1 2019 Compliance, Risk, and Regulations Research Roundup?The approach in writing the Roundup.What were key macro highlights from the WEF Global risk Report 2019?What were key micro business highlights from the Allianz Business Risk Barometer-Top Business Risks?What are some of the key regulatory enforcement priorities going forward into 2019?Where has compliance been over the past 18 months and where is it headed going forward?Where listeners can go for more information.To obtain a full copy of the  Hanzo Q1 2019 Compliance, Risk, and Regulations Research Roundup, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News:When safety has a training issue, what is the answer? (Wall Street Journal)Where will Fyre bankruptcy lead? (Wall Street Journal)More focus on Peru after former President’s suicide. (Wall Street Journal)Want a job, Japan wants you. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

On this weekend, we have the dual celebrations of Easter and Passover. As Tom enjoys the Astros 11-0 run and sweeps of the Yankees and Mariners; Jay mourns his Red Sox going into the doghouse, they also take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Corporations behaving badly are looming large in the news this week. What does Boeing’s culture teach us about compliance and ethical behavior? Former VW CEO Martin Winterkorn charged criminally in Germany.2.    Mike Volkov takes a deep dive into the Standard Chartered $1bn fine for failures in AML controls, on his blog Corruption, Crime and Compliance. 3.    How can you get compliance right when there are no regulations on it? Jo Ritcey-Donohue explores.4.    Jay joins the bandwagon on compliance program as business enhancer. 5.    GDPR-what happened to one-stop enforcement?6.    How can the role of a monitor go murky? 7.    When is a facilitation payment a bribe? Dick Cassin uses the Uber FCPA investigation disclosure to explore. 8.    Trump administration moves to eviscerate agency ruling making? Joe Mont reports. (sub req’d) Matt Kelly discusses the pitfalls. 9.    What businesses need to do now to prepare for Cyber Attacks. 10. This week Tom visits with AMI MD Rod Grandon on federal contractors and compliance programs. Check out the following: Part 1-Reponsible Contractors; Part 2- What the Government Expects; Part 3- Small Business Compliance Programs; Part 4-Why are we still talking about this?; and Part 5-Keeping it Fresh.   Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong to consider the recent regulatory fine leveled against London Borough of Newham £145,000 for a data breach involving the data of more than 200 people. It presents a situation where a data breach was literally a matter of life and death. Some of the issues and highlights are: What was the data and why was it so sensitive? How was the data leaked?How did the authorities determine the data breach?What as the basis of the Information Commissioner’s Office (ICO) fine?What are the lessons to be learned? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Pension fund demands GE can KPMG. (Accounting Today)·      What will be the role for compliance when it ‘grows up’? (Wall Street Journal)·       Former Peru President commits suicide when facing arrest. (Washington Post)·       New U.S. Policy on Cuba Sanctions Threatens EU Ties. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Ongoing graft in India? I’m shocked! (The Economic Times)·      When is a facilitation payment a bribe? (FCPA Blog)·       Whistleblowers garner EU wide protection? (BBC)·       FT slams SFO for dropping Rolls-Royce; GSK investigations. (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recently announced policy by the Trump White House that all regulatory rules and guidance must be submitted to the White House for review before it goes through Congressional review. Some of the highlights include: Some of the highlights include: Ø This is a significant power grab by the White House.Ø What is OIRA and can the White House force all new regs and guidance go through it before Congress considers them? Ø Will regulatory guidance be treated as regulations? What about SEC No-Action Letters? DOJ declinations?. Ø Will regulatory reduction continue under this new policy?Ø This is an example of how political instability negatively impacts businesses.Ø What does this mean for the Democratic nominee to the SEC? For more reading check out Matt’s blog post “Trump Grabs at Rulemaking" Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      What is the most important leadership trait? (Inc.com)·      When is a facilitation payment a bribe? (FCPA Blog)·       What happened to one-stop GDPR enforcement? (Compliance and Enforcement Blog)·       Former VW CEO indicted in Germany. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Rod Grandon. We have considered the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program to not only increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking. In this final episode, we consider how you can keep your compliance program fresh through ongoing monitoring. To find out more about Affiliated Monitors, Inc. check out their website www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Rod Grandon. We consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program to not only increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking. In this fourth episode, I get to ask Rod a question I have wanted to pose to him for some time, which is “why are we still talking about this?” Join us in our next and final episode, where Grandon explains how to keep your program fresh. To find out more about Affiliated Monitors, Inc. check out their website www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Rod Grandon. We consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program not only to increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking. In this third episode, we discuss small business compliance programs. Join us in our next episode, when I pose the following question to Grandon, “Why are we still talking about this?” To find out more about Affiliated Monitors, Inc. check out their website www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Rod Grandon. We consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program not only to increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking. In this second episode, we engage in more in-depth discussion what the government expects from contractors. Join us in our next episode, where we consider the concerns of small business contractors and how they can be ameliorated. To find out more about Affiliated Monitors, Inc. check out their website www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Rod Grandon. We consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program not only to increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking. In this first episode, we introduce the concept of Responsible Contractors. Join us in our next episode where discuss what the government expects from contractors. To find out more about Affiliated Monitors, Inc. check out their website www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I finally have Jon Rusch on the podcast. Jon is the author of one of the most recent podcasts in law around law and compliance. His topics include the FCPA, AML, export control, anti-trust and a wide variety of other legal issues that the compliance practitioner faces.  Some of the highlights from the podcast include:  Ø  Why name your blog ‘Dipping Through Geometries’? Ø  What is your interest in this area-money laundering?Ø  Why are the money service businesses in London both so problematic and difficult for authorities to effectively regulate?Ø  One of the key themes seems to be money-laundering can occur in a wide variety of businesses and industries.Ø  Why is the international fight against bribery, corruption and money-laundering a key component in the international fight against terrorism?Ø  What is they link between money-laundering and terrorism?Ø  What is the role of the compliance professional in this fight?  For more information on the blog posts referenced in this podcast , check out “The first is “United Kingdom Criminal Network That Obtained More Than £8 Billion from Frauds Sent £80 Million to al-Qaeda” and “Metropolitan Police Commissioner: London Money Service Businesses Used to Export Drug Money”. Finally, you should sign up for Jon Rusch’s blog Dipping Through Geometries.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Les Moonves forfeited $34.5MM in comp. (Wall Street Journal)·      Grant Thornton in how water in UK. (Wall Street Journal)·       Conflict of interest in Hollywood (I’m really shocked). (New York Times)·       What is risk? When growth fuels a change. (Washington Post) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Uber is under FCPA investigation. (FCPA Blog)·      Did you break the rules? Just rewrite them in your favor. (Wall Street Journal)·       Apple requires supply chain compliance re: climate warming emissions. (Washington Post)·       Halloween comes early this year for the UK. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

After a one-week hiatus, the lads are back. While debating white privilege and the Varsity Blues scandal, they also take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Guilty pleas begin in the Varsity Blues scandal. For those who did not plead guilty, additional charges filed. Jay interviews Justin Paperny about the Varsity Blues sting. For one of the best and fullest explanations, see Caitlan Flanagan’s article in The Atlantic.2.    Does your company lack integrity? Mike Volkov gives 5 signs which show it does. 3.    Standard Chartered joins the $1 bn fine club.4.    What is the intersection of DD and AI? 5.    OFAC enforcement action demonstrates need for pre-acquisition due diligence? 6.    What is ethical AI?7.    What are the shifting reasons for FCPA enforcement?. 8.    What are the risks to investors in Uber? 9.    This week Tom explores the intersection of Shakespeare and Compliance through the lens of King Lear. Check out the following: Part 1-Innovation;Part 2- Changing Your Focus; Part 3- Engaging Your Audience; Part 4-a Different Interpretation; and Part 5-The Fool. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotifyand Corporate Compliance Insights. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recently released NAVEX Global 2019 Ethics & Compliance Hotline Benchmark Report. We consider the details from the report and ask the following question “are you using all the right intake channels to capture a true sense of misconduct and corporate culture at your organization?” Some of the highlights include: Some of the highlights include: Ø What are the intake channels available to your organization?Ø If you are only tracking complaints through a formal system, you may well be missing a wider variety and rich source of information. Ø Moving your intake past simply what the law requires will give you a much better accounting of your organization’s culture.Ø How can you improve your intake?Ø Has closure time for reported increase or decrease?Ø What has been the continued impact of #MeToo? For more reading check out Matt’s blog post “Hotline Metrics-are you missing any?”To read the full NAVEX Global 2019 Ethics & Compliance Hotline Benchmark Report, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Standard Chartered joins the $1 bn fine club. (New York Times)Are you missing any hotline metrics? (Radical Compliance)AML charges in Varsity Blues, can tax fraud be far behind? (New York Times)Institutional investors dump Vale stock. (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

APRIL 9, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      First round of guilty pleas in Varsity Blues. (Huffington Post)·      How can you tell if a company is overpaying its CEO? (MarketWatch)·       Dirty money and Scandinavian banks. (New York Times)·       Nissan shareholders erupt at annual meeting. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast series, I have used the current Broadway performance by Glenda Jackson as King Lear to introduce several compliance topics. Today, I want to discuss the role of The Fool. Initially I should note that the actor who played it, Ruth Wilson, also played Cordelia; which in and off itself is rather amazing. The Fool did well to speak truth to power during the play and Wilson was excellent in both roles.   Wilson’s performance as The Fool added a shading of interpretation that certainly works. It also informs today’s review topic which is who was the fool and who was the criminal in one of the most nortorious acquistions in recent memory, the Hewlett-Packard (HP) acquisition of the UK company Autonomy.  The matter is now on trial in London, it being the largest UK civil trial in history with HP claiming some $5 billion in damages. The former Autonomy CEO Mike Lynch is in the dock as he will be in the US when his criminal case goes to trial sometime after the conclusion of this civil action.  The trial began last month and the fireworks have already started, with HP claiming Lynch and his former CFO engaged in massive fraud; the trial judge asking HP what accounting standards they used to evaluate HP and Lynch basically saying HP dropped the ball completely in both the acquisition and after closing for a variety of reason. Based upon all of this tomfoolery I thought a review of HP actions was warranted today.  Perhaps the simple truth is that everyone involved in this matter was a Fool.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I want to discuss how Jackson, starring in the role of King Lear, added a new level of complexity, nuance and interpretation to the entire play.  Jackson is an octogenarian, the oldest person I have ever seen play Lear. Having seen my two parents age, I have some understanding that a person does not gain in stature, power or strength after they cross the 80-birthday mark. In other productions I have seen Lear roar and rail at Cordelia however, Jackson played it understated with nary a raised voice.  Even after the intermission, one of the most powerful scenes is when Lear carries of the lifeless body of Cordelia. Lear is in shock, bereaving and clearly quite mad. Yet to pull this off this scene requires an actress playing Cordelia to be of a size that the actor playing Lear can physically carry. Jackson is far too frail to do so. In this penultimate scene she sat on the stage with Cordelia’s head cradled in her lap, gently stroking her dead daughter’s hair. It was one of the most tender, loving and affectionate presentations I have ever seen in Lear.  The same week as the Mobile TeleSystems PJSC (MTS) Foreign Corrupt Practices Act (FCPA) enforcement action was announced there were two significant speeches by Department of Justice officials. The first was by Deputy Attorney General Rod Rosenstein. The second was by Assistant Attorney General Brian Benczkowski.  I want to focus on how both speeches explain what many found to be the stunning result Cognizant Technology Solutions Corporation (CTSH) received when it obtained a declination for its FCPA violations, both from the strategic and tactical levels.  Taken together, these two speeches made clear the reasons why the DOJ handed a declination to CTSH. The company engaged in the type of conduct, after it discovered its FCPA violation, that the DOJ wanted to reward and encourage going forward. Rosenstein made this crystal clear in his remarks, when he stated, “We aim to incentivize companies to report crimes, disgorge illegal proceeds, take remedial actions, and identify accountable officials so we can prosecute them – and do it all promptly. That will result in less corporate crime in the future.” This is not going soft on corporate crime; this is bringing corporate America into a role in the global fight against bribery and corruption.  Yet the Benczkowski speech had equal import for the compliance professional. The DOJ rewarded CTSH for not only its quick decision to self-disclose and then doing so; they also rewarded the company for having a robust pre-existing compliance program even though C-Suite executives led the bribery effort. This recognition by the DOJ makes even more important the corporate compliance function and a corporate compliance program to protect an organization if nefarious actors arise. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I want to discuss the opening scene where Lear bids his daughters express the breadth and scope of their love for him.  Lear has called a conference to divide his kingdom between his three daughters, Goneril, Regan and Cordelia, his youngest who is clearly is favorite. Goneril professes her love is more than words alone can convey, saying “A love that makes . . . speech unable / Beyond all manner of so much I love you”. Regan professes, “Myself an enemy to all other joys, Which the most precious square of sense possesses, And find I am alone felicitate in your dear Highness’ love.” However, Cordelia refuses to play the flattering fool. Her father twice gives her the opportunity to redress this decision but she holds firm saying “Nothing, my lord”. This leads to the break in the family, the deaths of the sisters and the fullest scope of tragedy.  Why do you need to engage your audience? I thought about this in the context of the Foreign Corrupt Practices Act, compliance and regime change. This is not Saddam Hussain regime change where the US government invades a country to throw out the old boss. This is a democratically elected-peaceful transfer of power. However, it now appears that regime change now means corruption investigations which impact not only the FCPA but also US companies. Every compliance officer needs to aware of this new reality. Take three recent regime changes, together with what they have meant; and perhaps one to come.  1.     South Africa2.     Malaysia3.     Brazil4.     Venezuela The bottom line is that every Chief Compliance Officer (CCO) must now watch local politics much more closely. If you are doing business in a high-risk country and there are new leaders brought in through democratically elected regime change, your company had better be ready for a robust corruption investigation. Certainly if Malaysia, South Africa and Brazil are any indication, prosecutors from nations with new regimes may well share their findings with the US Department of Justice (DOJ). This means that regime change could lead directly to a FCPA investigation, where the disclosure was by a foreign government and not the company self-disclosing. If there is no self-disclosure, a company is not eligible for the declination under the 2017 FCPA Corporate Enforcement Policy.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I want to discuss how this production changed the focus of the play, away from the madness of the king to the actions of the three daughters.  Perhaps it was my perception of the play or perhaps it was the director’s intention but the focus in the first half of the play was clearly on the daughters and their families. Both Goneril and Regan played much more prominent roles throughout the first scene and their joint liaisons with Edmund, later the Earl of Gloucester, were key components of this production. Moreover, their husbands, the Duke of Cornwall and the Duke of Albany, also played prominent roles. The Duke of Cornwall, for instance his role in this production was more than the traditional highlight for him, which is the blinding of the original Earl of Gloucester. (Even in this production it still elicited gasps from the audience.) Even after the intermission, where some of the most powerful scenes in all of Shakespeare playout, including the blinded Earl of Gloucester and the mad Lear wandering the moor, this production held a distinct focus on Lear’s daughters and their families, adding in the complexity of Edmund, the new Earl of Gloucester, having an affair with Goneril while secretly pledged to wed Regan.  In the most recent Harvard Business Review (HBR), Scott Berinato writes, in an article entitled “Data Science and the Art of Persuasion”, that most companies are not getting the value from data science initiatives and prescribes ways to remedy this phenomenon. Last year, at Compliance Week 2018, Hui Chen said on a panel that she expected the compliance team of the not-so-distant future would have a data scientist. As with most of her pronouncements, she was way ahead of the crowd.  You must start with the premise that most CCOs and compliance professionals are legally trained, usually without any data analytics classes in law schools still operating under the Socratic Method. Even if a stat class is thrown in somewhere along the way in undergrad, grad school or even through some business school outreach to law students, that does not begin to prepare someone to understand the insights available through advanced data analytics. The key is to build a better data science operation. There are four suggestions, with the over-arching theme of defining the talents you need to understand and communicate the data. 1.     The unpacking of data and creation of insights is a skill. 2.     Data wrangling.3.     Expertise.4.     How to communicate the information.  Learn more about your ad choices. Visit megaphone.fm/adchoices

I recently saw the performance ofKing Learwith Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week. Today, I want to use the nature of the production, to introduce the day’s topic of innovation in compliance.  Gold’s Lear production was both unique and innovative. It was quite a large stage but the lightening was used to great effect. When the director wanted to shift the action, to another group of actors or topic, the lights were simply shut off to the actors not involved. They did not have to exit the stage and then return. This allowed them to remain on stage and the action could move back and forth without disruption.  The second innovation was in the use of music. While I am generally not a fan of music in Shakespeare, unless used in the original show notes, such as bugles blaring; I am not a fan of music in the performances. However there was a classical quartet which played throughout the performance that I felt truly enhanced the entire production. Finally, I normally revolt at any singing in a Shakespearian production. There were a couple of singing scenes which almost worked for me but at least they did not detract from the overall performance. I thought about this in the context of how to move compliance innovation into the corporate pantheon of greater business process efficiency when I read a recent MIT Sloan Management Review article, entitled “Grow Faster By Changing Your Innovation Narrative”, by George S. Day and Gregory P. Shea. In the article they discussed their findings that organizations that sustain growth “faster than industry rivals articulate a coherent, compelling innovation narrative and rely on four powerful levers to make it a reality.” They posited four key levers for doing so which I believe would work well for a compliance function to sustain innovative growth within an organization and with its customer base, i.e. employees. I have adapted their piece for such an exercise.  The first lever is to invest in compliance talent.  The second lever is encouraging prudent risk taking.  The third lever is to adopt a customer centric process.  The fourth lever is aligning metrics and incentives with innovation activity. The bottom line is that senior management is well-versed in the need for innovative and effective compliance. By using these four levers, a compliance practitioner can help senior managers to focus the organizations compliance efforts. The authors conclude by stating, “A growth-affirming  innovation narrative and the four levers that make it manifest within a company can help leaders focus and prioritize their innovation efforts. The process of identifying and articulating the narrative is essential to understanding the culture of innovation within a company and envisioning what it can achieve. The levers bring that narrative to life. Without them, organic growth leadership in any industry is a hit-or-miss endeavor.” Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Can a leopard (in this case Equifax) change its spots. (New York Times)·      Investigations for Boeing mount. (Washington Post)·       More corruption alleged in cricket, yet again. (BBC)·       Nominee for No. 2 at DOJ faces tough Senate hearing. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I have back fan fav Mike Volkov. We break down the recently released Fresenius FCPA enforcement action. Some of the highlights from the podcast include: Ø  A detailed discuss of the underlying facts.Ø  What were the bribery schemes? Some old and some new but every compliance professional should study them.Ø  How and why did Fresenius let the conduct go on for so long.Ø  How was the company able to garner a NPA?Ø  How did the company obtain its 40% discount for its fine and penalties?Ø  Why was a monitor required?Ø  What are the lessons learned from this enforcement action?Ø  How does this case illustrate current Justice Department enforcement under the 2017 FCPA Corporate Enforcement Policy, as amended?  To take a deeper dive into the Fresenius FCPA enforcement action, check out Mike Volkov’s three-part series on his blog site,Corruption, Crime and Compliance. You can also check out my three-part series on the FCPA Compliance Report. Learn more about your ad choices. Visit megaphone.fm/adchoices

APRIL 6, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Pharma exec who developed return on bribe metric goes to jury. (NPR)·      Wilkie-Farr co-chair pleads guilty in admissions scandal. (Bloomberg)·      How the Nordic banks came to grief in the Baltics. (FT-Big Read)·      Schlumberger in trouble over sanctions violations again.  (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

APRIL 5, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Judge gives SEC and Musk 14 days to settle their differences. (New York Times)·      3 drug companies settle FCA claims for $122MM. (Wall Street Journal)·      7 key considerations for M&A site visits. (Merrill blog)·      Top 10 most interesting expense reimbursement claims. (Corporate Compliance Insights) Learn more about your ad choices. Visit megaphone.fm/adchoices

APRIL 4, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Wynn Casinos said to have hidden claims against Steve Wynn. (New York Times)·      Is your airline watching you? (New York Times)·       Hertz goes after former execs for restatement costs. (Compliance Week)·       Texas senate passes Bigot Law. (Houston Chronicle) Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 44 Tom Fox sits in for Mike Volkov, who is on assignment.   Jonathan Armstrong discusses a recent presentation he saw by the OECD on some of the key and current numbers on the global fight against bribery and corruption. Jonathan shouts out to Nicola Howard QC for her work on DPAs in the UK and the British Airways for its pizza delivery service from London to Lagos.Matt Kelly details the recent SEC whistleblower award to two individuals of $50MM. There were multiple claimants and the award detailed what the SEC values in terms of information. He also discusses the award in the context of the Trump administration’s attempt to gut the SEC whistleblower program. Matt rants on the unqualified Trump nominee for the Fed, Stephen Moore.Jay Rosen talks about how the #MeToocontinues to resonate in Hollywood as yet another studio executive is forced to resign. This time the scandal is not about power over another but about the conflicts which arise when some in a relationship uses his power to promote his paramour over others. It is also about how the studio internal investigations continue to clear the studio execs of any wrongdoing. Jay shouts out to Matt Kelly for attending the SCCE Regional event in Boston.Tom Fox, sitting in for Mike Volkov discusses a compliance-based solution to help manage the opioid crisis. He shouts out to (now) former Wells Fargo CEO Tim Sloan for admitting the abysmal job he did in the wake of the fraudulent account scandal by resigning and rants on Wells Fargo which cannot seem to move beyond the scandal.The members of the Everything Compliance panelist are:Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.comMike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.comJonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.comThe host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into resignation of now former Wells Fargo CEO Tim Sloan. We use his departure as a starting point to discuss some of the issues which continue to bedevil the organization some three years after the original fraudulent accounts scandal broke. Some of the highlights include: Ø Another tough Congressional hearing, another Wells Fargo CEO resigns. Ø Why can’t Wells Fargo turn around its culture?Ø Should an outsider (IE., non-long term Wells Fargo employee be brought in to right the ship?Ø What is the difference in high-performing and high-pressure organizations?Ø Why does Wells Fargo continue to resist whistleblower retaliation claims?Ø Does Wells Fargo treat its customers as it treats its employees?Ø What draconian sanctions are the OCC and Fed considering?Ø What can Wells Fargo do to actually change its culture? If you are in Houston on Friday, please plan to attend the South Texas College of Law 2019 Symposium on Compliance in international Corporate Legal Practices – Legal Development and the Talent Needs of the Future. Information and registration details available here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Trial of ex-Malaysian PM Najib Razak to begin. (The Guardian)·      Shocked, just shocked to find out drug company pushed opioids. (NPR)·       Former Colombia official convicted of bribing government officials on behalf of Odebrecht. (Colombia Reports)·       UK’s Financial Reporting Council will examine KPMG. (Wall Street Journal)  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      Is it illegal to do business with corrupt governments? (New York Times)·      Does PG&E really want a judge running its business? (Hint-no). (Wall Street Journal)·       Mark Zuckerberg asks for more regulation. (Wall Street Journal)·       Anti-Corruption lawyer elected PM of Slovakia? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

 In this episode I visit with Amy Edmondson about her upcoming keynote speech at IMPACT2019, entitled “The Fearless Organization: Creating Psychological Safety for Learning, Innovation, and Growth”. Some of the highlights from the podcast include: 1.    Beginning in the 1990s Edmondson began research how organizations are made better by creating safe spaces for employees to speak up.2.    Why listening is the key trait for every leader. 3.    Your organization can have stretch goals but you must have open ears.4.    How failure to listen to employees who speak up can cause business losses.5.    Information on why you should attend ECI’s IMPACT2019.  Resources: Amy Edmondson LinkedInprofileRegistration and Information on IMPACT2019 here.   Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode of the Modern Medium Podcast, we are exploring barriers: might artists inadvertently create these barriers to their art? And how does this affect its experience? Barriers Barriers can be anything: a blind person who can’t see the art, or someone with a learning disability who might not understand the art in the way that it was intended. But they can still experience art in other ways that you might not expect, and so in this way, art can be accessible to anybody. It’s just a matter of creating that space. On communicating Art is not always going to be clearly communicated across all platforms. It might offend. It might cause stress or tension. And that’s part of the learning process as both artist and viewer: each of our experiences are different, and so the ways in which we access art will naturally be different too. As artists, we can’t control how people will react, so a big thing is keeping your art true to yourself. Being true to yourself Trying to communicate what’s inside of you is in itself a barrier: it’s going to reach some people and not others. There might be backlash. As an artist, it’s a balancing act of staying true to yourself and the art that you practice, but keeping in mind that not everybody will be able to access it. By virtue of understanding that, artists can grow and change their art — but it’s important not to censor it. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with David Childers, the Senior Vice President at Ethics & Compliance Initiative (ECI). We discuss ECI’s High-Quality Ethics & Compliance Program (HQP) Self-Assessment Tool. Some of the highlights from the podcast include: What are the 5 Principals of a HQP? They include: Strategy, Risk Management, Culture, Speaking Up and Accountability.   What are the 5 operational areas of an E&C program? They include:E&C is central to business strategyE&C risks are identified, owned, managed and mitigated Leaders at all levels across the organization build and sustain a culture of integrityThe organization encourages, protects and values the reporting of concerns and suspected wrongdoing The organization takes action and holds itself accountable when wrongdoing occursWhat is the design of the Self-Assessment tool? While the methodology is fairly complex, for the participant it is only 107 multiple choice questions and it takes less than 30 minutes to complete.What is it designed to measure? The HQP Assessment measures program maturity based on a combination of questions regarding 27 operating components and more than 100 program practices. What are the four categories of reporting information for each principal? They include:(1) What to measure/review; (2) Questions to consider ; (3) Potential sources of information and (4) Leading practices illustrative of HQPs. What are the five-point scale for program maturity? Program maturity is based on five levels, which are represented on a 0-100 scale.  ·       UNDERDEVELOPED·       DEFINING·       ADAPTING·       MANAGING·       OPTIMIZINGThe HQP Assessment tool is a measure of where an organization believes their E&C program operates based on the five principles.   The assessment can be used in several ways.  We have organizations that are looking for program improvement. The assessment can be a baseline for measured improvement.   It can also be a qualification.  As we said this isn’t about a score.  In some industries, being at the managing level of maturity may be sufficient for their risk.  Most of all it is a great way to create dialog and discussion with your leadership using a definitive measure of your program. How will ECI use this information going forward? We are already seeing important trend and insights from the data. We will introduce many of these findings are our Annual Conference in Dallas, and we are developing working groups within our membership to explore some the findings to refine best practices and guidelines for program improvement. For more information on the ECI Self-Assessment Tool, go to www.ethics.org Registration and Information on IMPACT2019 here.   Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ·      GOP congressmen threaten to kill NAFTA 2. (Washington Post)·      CBS Credit Union shut down as one employee embezzled $40MM.  (Deadline)·       Scott Moritz on why every college should now perform a root cause analysis. (Proviti)·       What does Occam’s Razor have to do with blockchain? (McKinsey White Paper) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: Wirecare in deep trouble. (Financial Times)Nissan was in big trouble and still may be. (New York Times)New York state sues Sackler family directly. (Wall Street Journal)PG&E needs compliance on its Board. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

As Opening Day near and the Astros are predicted to unseat Jay’s Red Sox to win the 2019 World Series, both lads are eternally hopeful for their hometown heroes. While debating this issue, they also take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Former Hong Kong official sentenced for FCPA violations. 2.    SEC awards two whistleblowers $50MM. Kristin Broughton in the. Matt Kelly takes a deep dive. Doug Cornelius gets snarky. Jonathan Marks weighs in. 3.    Jonathan Ruschand William Weaverdebate whether corruption can be measured. Both on the FCPA Blog. 4.    Was it fraud or was it incompetency? The HP v. Autonomy civil trial begins in London. 5.    What is the difference in whistleblowing and extortion? Joe Mont explains.6.    What are your supply chain risks? Russ Berland explores in Part 1 of a two-part blog post. 7.    Looking at enforcement of financial market crimes in Canada and UK. Anita Anand reports. 8.    What steps can you take to reduce whistleblower retaliation? Matt Kelly opines. 9.    OECD slams Canadian government for interfering in SNC-Lavalin corruption investigation. Jonathan Rausch reports.10. Join Tom and AMI’s Jesse Caplan for a 5-part exploration of emerging issues in healthcare compliance and monitoring. 11. In Houston on April 11? Join the Greater Houston Business and Ethics Roundtable for a presentation for one year look back on GDPR. Registration and information are here. 12. Check out the latest edition of Great Women in Compliance where Mary Shirley visits with Marianne Ibrahim.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 29, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      JPMorgan under fire for bribery in Nigeria.  (New York Times)https://www.nytimes.com/2019/03/28/business/jpmorgan-nigeria.html·      Black and Decker settle Iranian sanctions case.  (Wall Street Journal)·      Having failed to change its culture, Wells Fargo CEO quits, effective immediately. (NPR)·       Swedbank President fired over money-laundering scandal. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 28, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      What is your cybersecurity rating?  (Wall Street Journal)·      Trump tweets on North Korea sanctions as coverup for incompetence?  (Washington Post)·      SFO sued for investigation. (FinancialTimes)·       Russian money laundering scandal spreads to Sweden. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong consider the increasing business risk around phishing. There have recently been some multi-million-dollar losses around phishing so you need to be prepared. Some of the issues and highlights are: What is phishing? The largest number of data breach have come through phishing. Why has it become such a business risk?What are the requirements a company take against phishing under GDPR?What are the three key concepts in data protection?Modern phishing attacks are very sophisticated.What are some of the most intricate frauds seen in this area? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 27, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Former Autonomy CEO goes to trial in UK.  (The Register)·      Want credit in FCPA sentencing? Engage in random acts of kindness while in jail. (New York Times)·      SEC pays whistleblowers $50MM. (FCPA Blog)·       Stormy Daniels lawyer charged with attempted extortion. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 26, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Why is UK Attorney General sitting on Airbus corruption case? (The Guardian) ·      Ex-HK official sentenced to jail for FCPA, AML violations. (FCPA Blog)·      Duke pays over $110MM for filing false research grant applications? (New York Times)·       Charitable institutions to Sacklers: We don’t want your money. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

The board of directors, in concert with the CEO and others, set the tone and conduct for corporate behavior throughout the organization, and is the most important element for promoting honesty in a company. In this episode, we’re talking about tone and conduct from the top. Trends Corporate greed at the executive level has destroyed hundreds of companies. Many CEOs over the years have been sued over white collar crimes, and this sends a clear — though perhaps unintentional — message to their employees that committing fraud is acceptable, so long as it makes the company seem acceptable. That’s simply not the case, and is a prime example of setting the wrong tone and conduct from the top. At the same time, there are no regulatory rules or accounting standards that define exactly what the tone and conduct at the top should be. So we need to be mindful. When our companies are doing really well, we might slip into “Perfect Place Syndrome," and all the hard work and effort you put into building a company culture that is mindful of ethical breakdowns could be wiped out in an instant. Gaps The control environment: This is key to setting the right tone and conduct of the organization, because it influences the control consciousness of its people. For example, do you have a Code of Business Conduct and Ethics? A commitment to competence: Don’t take shortcuts, and don’t hire people that don’t fit within your organization. Board of Directors and audit committees: Are they engaged? Do they ask questions and take appropriate action? Management philosophy and operating style: This needs to place a high value on risk assessment and internal control and, more importantly, encourage a “speak up” environment. If people feel like what they’re going to say will fall on deaf ears, they may not speak up at all. Well-defined organizational structure: Do people know what their roles and responsibilities are? How about their reporting channels and the communication protocols? Appropriate assignments and authority and responsibility: Are there well-defined duties that are appropriately segregated to prevent and detect errors or fraud? Human resources: Your recruiting and retention policies and practices should ensure that human capital is valued. Chief Executive: The buck stops with them. They have the ultimate responsibility for the internal control system, and a positive control environment is a big part of maintaining effective internal controls. Challenges It is crucial for company success for executives and management to set an example of ethical behavior on the job, otherwise, they are creating an entire organizational culture of fraud. ABC Theory of Fraud: You have one bad apple, you create a bad bunch, and the next thing you know, you have a bad crop. So what should have been an isolated incident may manifest itself in other parts of your organization. When employees are under pressure to meet unrealistic goals, they’re often faced with a choice of whether or not to do whatever it takes, no matter how improper, to achieve those goals. Solutions Personnel changes are not always warranted. Education and formal training in some cases might accelerate the general adoption of a more ethical corporate culture in an organization. It is really important that senior management position themselves to communicate to employees what is expected of them, lead by example, and provide a safe mechanism for reporting violations and rewarding integrity. Employees need to see management demonstrating a commitment to their ethics principles. The message must be communicated consistently and reinforced with actions. Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode of the Modern Medium Podcast, we’re exploring our senses: while it’s common for art to have visual and aural components, we don’t normally think about art in terms of smell, taste, or touch. But art is supposed to imitate life, and within life, we experience these all at once. How then can we make art a sensory experience?  It’s easy to be visual, as a lot of art already is. Visiting art galleries or museums is typically a visual experience, seeing the paintings or sculptures and experiencing them from a distance.  But one thing that’s interesting about those spaces is that they’re usually silent. Why is there no sound? Why are we hearing people just shuffling around? Paris shares about a project she did, where she recorded audio snippets of her morning rituals, experiencing that routine through sound. We don’t normally think of audio outside of music, but you can easily tell a story through the things you hear on the street.  When you touch something, you’re going to understand it in a different way. If it feels different from what you’re picturing, that can change the piece’s tone, energy, or the way you view it. Art that incorporates touch has the power to change the story. It’s important to consider all five senses when you’re creating anything. And it’s important to consider not only what senses you're activating, but how the that might be different for different people, because we all come with our different preconceived notions and experiences.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 25, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Jeff Skilling wants you to invest your money with him. What could go wrong? (Wall Street Journal) ·      Most bitcoin trading is faked. (Wall Street Journal)·      What do sanctions mean anyway? (Wall Street Journal)·       Two charitable donations rejected, Sackler family trying to settle OxyContin lawsuits. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., I visit with AMI Managing Director Jesse Caplan on emerging issues in healthcare compliance and monitoring. In the previous episodes, we considered how healthcare organizations can benefit by having an independent compliance expert – a fresh set of eyes, so to speak – evaluate the organization’s compliance program.  We explored the emerging risks involved in opioid prescribing and how organizations can mitigate that risk by pro-actively assessing the prescribing practices of their physicians and physician extenders.  In this final episode we discuss how an independent integrity review can be helpful for organizations that may be facing actual or potential compliance issues.   We consider some of the following: Can independent integrity review and monitoring be helpful where a healthcare organization may have reason to believe it has an actual or potential compliance problem, but has not yet been subject to an enforcement action or a corporate integrity agreement imposed by the government? How can engaging an independent integrity monitor help an organization in dealing with an enforcement agency? Why do government enforcement and regulatory agencies prefer not to exclude important health care providers who have compliance issues?   For more information on Affiliated Monitors, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Sarah Hadden, the new Editor-in-Chief at Corporate Compliance Insights (CCI). We discuss her professional background in journalism and her journey to becoming EIC at Corporate Compliance Insights. Some of the highlights from the podcast include: 1.    Her professional background as a journalist and how it informs her thinking for CCI.2.    What drew her to CCI and the compliance space?3.    Her ascension to the EIC role at Corporate Compliance Insights.4.    How did CCI accomplish content marketing?5.    What do you hope to accomplish with CCI?6.    The CCI website recently went through a face-lift. What are some of the key elements of this new look?7.    Why is CCI “not a house cat anymore”?8.    Where can listeners go for more information?9.    Calling all authors-CCI looking for new contributors Resources: Check out the newly redesigned CCI Website here.   Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., I visit with AMI Managing Director Jesse Caplan on emerging issues in healthcare compliance and monitoring. In the Episode 3, we discussed how independent monitoring can serve important public policy goals in the healthcare industry. In this Episode 4, we consider examples of independent monitoring involving healthcare organizations or systems. How do healthcare organizations or the agencies that regulate them may use monitoring in connection with significant business transactions – as opposed to law enforcement or disciplinary proceedings. What are some examples of where organizations and government regulators have jointly agreed to use an independent firm to monitor implementation and compliance with conditions of a healthcare transactions? Join us for our final installment, Episode 5, where we tie it all together by discussing how to use an independent integrity monitor in a proactive approach that can lead to greater business efficiency and profitability. For more information on Affiliated Monitors, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., I visit with AMI Managing Director Jesse Caplan on emerging issues in healthcare compliance and monitoring. In this Episode, Jesse Caplan discusses how health regulatory agencies are using independent monitoring to serve important public policy goals – specifically to help ensure a ready supply of quality healthcare providers, particularly for government programs like Medicaid and Medicare. We consider some of the following issues: In previous episodes, you and your colleagues at affiliated monitors have talked about how independent monitoring can effectively and efficiently extend the ability of government regulators to oversee healthcare providers and organizations.  can you explain some more about how independent monitors can serve this purpose? In most cases, a monitor has to be approved by the government regulator or enforcement agency – what’s the value to the government of approving a monitoring relationship? What about the healthcare organization – what are the benefits of an independent monitoring situation? Can you give us some recent examples of where healthcare regulators are using independent monitors in different contexts? Join us for Episode 4, where we discuss independent integrity monitoring of healthcare organizations or systems. For more information on Affiliated Monitors, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., I visit with AMI Managing Director Jesse Caplan on emerging issues in healthcare compliance and monitoring. In Episode 1, Jesse Caplan discussed the many different types of potential regulatory and liability risks healthcare provider organizations and practices face in connection with the prescribing of opioids.  In this Episode, we discuss how healthcare organizations can identify and mitigate the risks from opioid prescribing by their practitioners. Some of the issues considered are: What can healthcare organizations, and particularly their compliance departments do to identify and mitigate the risks from opioid prescribing? Can you give us some examples of deficient opioid prescribing practices by, otherwise, experienced and caring physicians? What help is available to healthcare organizations to address these risks? Do monitoring firms like AMI provide these types of proactive assessments of opioid prescribing programs and practices? Join us for Episode 3, where we discuss the expanding use of independent monitors by health regulators. For more information on Affiliated Monitors, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five part podcast series, sponsor by Affiliated Monitors, I visit with Jesse Caplan, Managing Director at AMI on emerging issues in healthcare compliance and monitoring. Healthcare provider organizations and practices face many different types of potential regulatory and liability risks – in this first episode we focus on the risks posed by opioid prescribing. We consider the some of the following issues:  >What are the risks to providers and health care organizations from opioid prescribing? >What has been the response of the Department of Justice? >What are legislators and regulators doing to address the opioid crisis? >Can you tell us a little more about the legal and regulatory framework impacting opioid prescribing? >What should be the primary compliance concerns for healthcare organizations in connection with the opioid crisis? Join us for Episode 2, where we discuss how healthcare organizations can identify and mitigate the risks from opioid prescribing. For more information on our sponsor Affiliated Monitors, check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 23, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Should safety be a ‘nice to have’? (New York Times)·      Boeing loses first contract for 737 MAX jets. (Wall Street Journal)·      Unrepentant Rujat Gupta says jury got it wrong, he never violated the law. (New York Times)·      What is his compliance experience? Shaq joins the Papa John Board of Directors (Business Insider) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Sam Silverstein about his upcoming keynote speech at IMPACT 2019, entitled “Inspiring Accountability at Every Level”. Some of the highlights from the podcast include: 1.    Why Silverstein believes that “Accountability is the Highest Form of Leadership”Ô.2.    The problems he sees with the way companies talk about “accountability”. 3.    How accountability can create impact and influence for your organization through a leader’s values. 4.    How accountability enhances corporate culture and improves the organization.5.    Information on why you should attend ECI’s IMPACT2019. Resources: Sam Silverstein bio hereSam Silverstein website, on how to lead with accountability hereRegistration and Information on IMPACT 2019 here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 22, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Google & Facebook defrauded to the tune of $100. (Wall Street Journal)·      Too scared to drink Miller Lite? (New York Times) ·      Corporate execs trading on insider information? I’m shocked. (Financial Times)·      K-Pop scandal rocks South Korea. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Tony Brigmon about his upcoming keynote speech at IMPACT 2019, entitled “The Funomenal Workplace: Energizing People & Culture with the Positive Power of Fun”. Some of the highlights from the podcast include: 1.    Tony’s professional history at SW Airlines as the “Ambassador of Fun”. SW is generally recognized as one of the most fun places to work in the US.2.    Why joy and laughter are keys to a great corporate culture. 3.    Some thoughts from his book “The FUNOMENAL WORKPLACE: Energizing People & Culture with the Positive Power of Fun!”4.    How a fun workplace enhances corporate culture and improves the organization.5.    Information on why you should attend ECI’s IMPACT 2019. Resources: Tony Brigmon website hereRegistration and Information on IMPACT 2019 here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong consider some of his predictions for the rest of 2019. Even if these predictions do not become fully formed, you should consider them in light of your data privacy/data protection policies and protocols. Some of the issues and highlights are: Drones-what are the GDPR implications. The number of data breach notifications under GDPR. Through the end of January there were over 42,000 in the EU alone.Will AI and self-driving cars follow the rules on safe driving standards, or will there be new rules for the road? What will be the effects of data, big data and AI in elections going forward? What will be the fallout from Cambridge Analytica going forward?How will businesses respond to the industrialization of internet crime? What happens when there is a Zero-Day exploit?Cybersecurity insurance. Will standard insurance rules and regulations apply, or will new policy language be drafted for such coverage? For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 21, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Chuck Pearson pleads guilty. (France24.com) ·      USC goes after the students fraudulently admitted. (NPR)·      EU spank Google to the tune of $1.5bn for anti-trust violations. (Financial Times)·       Bayer stock plummets. (Washington Post) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into the circumstances around the FAA approval process regarding the Boeing 737 MAX in the context of the crash in Ethiopia. Some of the highlights include: Ø What was the process by which the plane was approved by the FAA?Ø How did the Boeing CEO persuade President Trump to prevent the FAA from grounding the Boeing fleet during the investigation process?Ø Why did the Ethiopian government send the plane’s black box to France, rather than the US, for analysis?Ø How did the US lose the world’s leadership in aviation safety?Ø Where was Boeing’s compliance function during all of this?Ø What are the lessons for the compliance practitioner? For additional reading, see articles discussed in this podcast: 1.    In the Seattle Times, Flawed analysis, failed oversight: How Boeing, FAA certified the suspect 737 MAX flight control system, by Dominick Gates2.    In the Wall Street Journal, Prosecutors, Transportation Department Scrutinize Development of Boeing’s 737 MAXby Andrew Tangel, Andy Pasztor and Robert Wall3.     In Slate.com, Where Did Boeing Go Wrong?  by Jeff Wise. Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 20, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Cambridge Analytica cover up? (The Daily Beast) ·      SEC ‘stunned’ Musk violated court order. (Bloomberg)·      Japanese Olympic Committee head resigns amid bribery scandal. (Fox Sports)·       It’s risky business to loan money to Donald Trump. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 19, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Of money laundering and cars in Ireland. (Irish Mirror)·      Warner Brothers head to step down due to an inappropriate relationship. (Wall Street Journal) ·      Feds open criminal investigation into Boeing regulatory approval of 737Max. (Wall Street Journal)·       FDIC settles with PwC. (MarketWatch) Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode, we’re putting Freud to fraud and getting inside the minds of crooks. Today’s white collar criminals have decades of technological evolution at their fingertips, creating new opportunities for fraudsters to inflict crippling loss to organizations. Which means it’s time to update and expand the elements of the traditional Fraud Triangle, to account for this new and vastly different world. The Fraud Pentagon Donald Cressey created the original concept of the Fraud Triangle way back in the 1950s to explain why someone might decide to commit fraud. The three original elements of the triangle are Pressure, Opportunity, and Rationalization, but we need to be gravitating more toward the advanced meta-model of fraud which also considers the act of concealment strategy and the conversion piece. This introduces two new elements to the Fraud Triangle, expanding it into the Fraud Pentagon: Arrogance, especially unchecked arrogance, enables individuals to see themselves as superior or entitled to the point where policies and laws simply do not apply to them. Competence contributes in two ways: a greater understanding of procedures expands on the Fraud Triangle’s Opportunity element, but it also enables them to create a wall of trust that shields them from suspicion. Get inside the mind of a fraudster Let’s take a look at Sam Antar, the CFO of Crazy Eddie. For Antar, arrogance was not only the foundation on which Crazy Eddie was built, it was the soil on which the seeds of fraud were planted. Most people aren’t willing to start a public company for the main purpose of defrauding the public, and as far as this fraudster goes, it takes a real amount of arrogance to do that. His actions also perfectly represent the two ways a fraudster can use competence to steal. He knew the business of accounting and how to socially control the situation to Crazy Eddie’s advantage. He was a nice guy. He knew he had to get people to like him, trust him, and respect him to lower their levels of skepticism. If you’re nice to people, they’ll be nice to you — like looking away or not asking the tough questions. What you can do By utilizing all five elements, you’re going to be more able to identify potential risks beyond legitimate individuals who simply have arrogance and competence as part of their persona. First, start with a hands-on cultural assessment to determine the ethical pulse of your organization. Next, make it known to your board and ethics team that you have zero fraud tolerance within the organization, including at the top. Finally, make periodic checks to monitor the pressure points and values that affect individual behaviors. Final thoughts We need to pay more attention to the human element of fraud. In doing so, we’ll understand fraud a lot better and be able to build more effective controls.  Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode of the Modern Medium Podcast, we’re talking about a medium not often thought about in the art field: time. How can we incorporate this into art, and what might that look like? Time-based art Time-based art can contain anything. It can be oral or visual — whatever you can incorporate into a specific amount of time. Movies, for example, are time-based, as you experience it for an hour and a half or two hours. The influence of time The thing that Paris likes most about time is how it can be ritualistic. You can get time anywhere: over the course of a day or a year, or as in an art exhibition where two people live their daily lives for nine months physically attached to each other. On top of that, time brings to mind how things are going to change: some things are not necessarily always going to end the way they began. It’s easy to fall into our own ritual; we don’t believe time is going to change us, but 40 or 50 years later, we’re asking ourselves how we got here because this isn’t where we began. Some examples of time-based art In photography, artists have done the thing where they take a photo of themselves 365 days a year and you end up with a wall of prints of how you’ve changed within that time. Paris’s personal project is on feelings and emotions. Every day this term, she’s been writing a definitive statement about the way that she is; an “I am _____” statement. It’s her way of coming back to herself and becoming more grounded and fully understanding where she’s at. At the end of the term, she will stitch each statement together, creating a compiled sense of who she was and is. In terms of graphic design, what we think of on our computer and phone screens as permanent really aren’t. That in itself is a sort of time-based art. We don’t know how long we’ll have these things because they’re not tangible. Our social media platforms are ways to share our own time-based art, because you’re getting this very selective, very narrow snapshot of what someone is experiencing at that specific time. Thinking about time Pick a sense, and spend 24 hours being fully aware of it. For example, what are the sounds that you experience when you go to class? As you go home? Or commute to work? Just begin to acknowledge the way you’re moving through time, because it’s easy not to think about.  Documentation is also critical: it’s easy to experience and acknowledge these things, but how are you going to see how they’ve changed over time if you don’t document it?  Learn more about your ad choices. Visit megaphone.fm/adchoices

We are on Episode V of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, MTS. In this episode,  I conclude with the lessons learned for the compliance professional. Today we focus on four key lessons: (1) due diligence, (2) business justification, (3) business valuation and (4) the long road of bribery.  The documents which are the subject of this series are: MTS Deferred Prosecution Agreement (DPA);MTS Criminal Information (MTS Information);SEC Cease and Desist Order (Order);Karimova and Akhmedov Indictment (Indictment);Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); andKolorit Dizayn Ink Information (Kolorit Information);DOJ Press Release andSEC Press Release.For additional reading see the blog post, "MTS FCPA Settlement and Karimova Indictment: Part V – Lessons Learned" Learn more about your ad choices. Visit megaphone.fm/adchoices

In a stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the Department of Justice and Securities Exchange Commission both announced settlement of a Foreign Corrupt Practices Act (FCPA) enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). This podcast continues a five-part series will examine the background facts of the case, provide a detailed review of the bribery schemes involved, the compliance failures of MTS and its actions during the investigation which contributed to the size of the penalty, the individual criminal prosecutions brought by the Department of Justice as a part of this action and the key lessons learned by the compliance practitioner. In this Part 2, I consider the bribery schemes used by MTS to pay the bribes and Karimova to receive the bribe payments. The documents which are the subject of this series are:MTS Deferred Prosecution Agreement (DPA);MTS Criminal Information (MTS Information);SEC Cease and Desist Order (Order);Karimova and Akhmedov Indictment (Indictment);Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); andKolorit Dizayn Ink Information (Kolorit Information);DOJ Press Release andSEC Press Release.For additional reading see the blog post, "MTS FCPA Settlement and Karimova Indictment: Part II - The Bribery Schemes" Learn more about your ad choices. Visit megaphone.fm/adchoices

In a stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the Department of Justice and Securities Exchange Commission both announced settlement of a Foreign Corrupt Practices Act (FCPA) enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). (See both the DOJ Press Release and SEC Press Release.) The FCPA enforcement action came in at $850 million which makes it Number 3 in the Top 10 of all-time FCPA settlements. This podcast opens a multi-part series will examine the background facts of the case, provide a detailed review of the bribery schemes involved, the compliance failures of MTS and its actions during the investigation which contributed to the size of the penalty, the individual criminal prosecutions brought by the Department of Justice as a part of this action and the key lessons learned by the compliance practitioner. In this Part 1, I begin with a review of the background facts, the parties and players and the fine and penalty of the MTS Foreign Corrupt Practices Act enforcement action. The enforcement action was the third involving the same individual from the same country. That individual was Gulnara Karimova, the daughter of the former President of Uzbekistan. If that name sounds familiar to compliance professionals it is because she was also involved in the receipt of bribes paid in two other Top 10 FCPA enforcement actions; VimpelCom (now VEON Ltd.) and Telia Company AB. Contemporaneously with FCPA enforcement action involving MTS, there was a criminal indictment filed against Karimova and Bekhzod Akhmedov, a former MTS executive based in Uzbekistan. Akhmedov was charged with violating the FCPA for paying bribes to or for the benefit of Karimova and Karimova was charged she with laundering the money received as bribes. The documents which are the subject of this series are:MTS Deferred Prosecution Agreement (DPA);MTS Criminal Information (MTS Information);SEC Cease and Desist Order (Order);Karimova and Akhmedov Indictment (Indictment);Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); andKolorit Dizayn Ink Information (Kolorit Information);  DOJ Press Release andSEC Press Release.For additional reading see the blog post, "MTS FCPA Settlement and Karimova Indictment: Part I-Introduction". Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Vera Cherepanova author of the book, “Compliance Program of an Organisation”. We visit about her recent article on the FCPA Blog and its implication. Some of the highlights from the podcast include: 1.     Cherepanova’s unique professional background. 2.     What led to her to pen the recent article in the FCPA Blog, “Who's to blame? The bad apple or the barrel?”3.     What are the differences in the ‘situation perspective’ and the ‘personality perspective’?4.     How do group dynamics inform corporate decision making?5.     How can a compliance program be designed to prevent nefarious group think which might lead to bribery and corruption?6.     Why is the myth of the rogue employee just that, a myth? Resources: FCPA Blog post “Who's to blame? The bad apple or the barrel?”Studio Etica websiteLinkedIn Profile Learn more about your ad choices. Visit megaphone.fm/adchoices

We are on Episode IV of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). In this episode,  I look at the individual indictments, which charged Gulnara Karimova, daughter of the former President of Uzbekistan, with one count of conspiracy to commit money laundering and Bekhzod Akhmedov, a former MTS executive based in Uzbekistan with FCPA violations of one count of conspiracy to violate the FCPA, two counts of violating the FCPA, and one count of conspiracy to commit money laundering. The indictment discussed the three companies who paid bribes to Karimova, who then laundered the money on the international stage. They were VimpelCom Ltd. (now VEON Ltd.), Telia Company AB (formerly TeliaSonera AB) (Telia) and MTS. The schemes Karimova used were so similar as to be almost identical. The only thing that changed was the name of the company she was shaking down money from in her march towards receiving over $1 billion in ill-gotten payments.  The documents which are the subject of this series are:MTS Deferred Prosecution Agreement (DPA);MTS Criminal Information (MTS Information);SEC Cease and Desist Order (Order);Karimova and Akhmedov Indictment (Indictment);Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); andKolorit Dizayn Ink Information (Kolorit Information);DOJ Press Release andSEC Press Release.For additional reading see the blog post, "MTS FCPA Settlement and Karimova Indictment: Part IV – the Individual Indictments" Learn more about your ad choices. Visit megaphone.fm/adchoices

In a stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the Department of Justice and Securities Exchange Commission both announced settlement of a Foreign Corrupt Practices Act (FCPA) enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). This podcast continues a five-part series will examine the background facts of the case, provide a detailed review of the bribery schemes involved, the compliance failures of MTS and its actions during the investigation which contributed to the size of the penalty, the individual criminal prosecutions brought by the Department of Justice as a part of this action and the key lessons learned by the compliance practitioner. In this Part 3, I discuss the failures in the MTS compliance regime, the override of internal controls and local business unit management actions which facilitated the bribery schemes.   The schemes involved:  a. Purchase of entities controlled by or through Karimova; b. Purchase of telecom licenses at inflated prices; and  c. Fraudulent charitable donations.  The documents which are the subject of this series are:MTS Deferred Prosecution Agreement (DPA);MTS Criminal Information (MTS Information);SEC Cease and Desist Order (Order);Karimova and Akhmedov Indictment (Indictment);Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); andKolorit Dizayn Ink Information (Kolorit Information);DOJ Press Release andSEC Press Release.For additional reading see the blog post, "MTS FCPA Settlement and Karimova Indictment: Part III – Missed Red Flags and Overridden Controls" Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 18, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Bribery and tax breaks, only in America? (Washington Post) ·      When you snow plough what does it teach? (New York Times) ·      Victoria Beckham lunches with the FT. (Financial Times)·       Why are mid-sized companies such cyber-security risks? (Houston Chronicle) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast series, recovering screenwriter (and Mr. Monitor) Jay Rosen and myself will indulge in passion for the movies by looking at them through the lens of compliance. Jay is a contemporary movie fan and I am more of a classic movie maven so we present a well-rounded view of the movie fandom. If you want to indulge in your love for the movies with two guys who are passionate about Hollywood and get some ideas for your compliance program, this is the podcast series for you.For this week’s offering, today we look at the Marvel-universe hero, Captain Marvel.  Some of the highlights include: What is the backstory for Nick Fury and Phil Coulson?How and why did internet trolls tried to sabotage the film?What was the response of Rotten Tomatoes?How were Eggs used to great effect?The special effects and battle scenes were great.Who was honored in different scenes in the movie?Jay gives the movie not only a full bucket of popcorn but as second bucket as well. Tom joins with an overflow bucket of popcorn.The Compliance takeaways:Understand where you come from, know your business inside and out.Nick Fury recognized a new risk-do you have a trip system for new risks in your organization? Do you have a seat at that table?How and why did Nick Fury lose his eye? How do you assess known strategies for unknown risks?Get out of the corporate office and into the field to meet your employees.Take action, when needed to change the balance.As a CCO you may have to take a stand. Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 16, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Will horseracing end in California? (New York Times) ·      Will NAFTA 2 get thru? Texas Senator John Cornyn says it will be tough. (Houston Chronicle)·      Even the FT says USC is the ‘University of Spoiled Children. (Financial Times)·       VW sued by SEC. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

On this Ides of March with the St. Patrick’s Day weekend is upon, and we are all Irish at least for a day, Tom and Jay are joined by our favorite Irishman (and the Coolest Guy in Compliance), Matt Kelly to take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Massive corruption scandal rocks college admissions across the country.  2.    FARA, FARA, FARA. 3.    Former KPMG national practice leader convicted in PCAOB scandal. 4.    Will the US finally clamp down on shell companies? Matthew Stephenson is cautiously optimistic. General David Petraeus and Sheldon Whitehouse explain why it’s a national security issue. 5.    Head coaches behaving badly as LSU head basketball coach suspended indefinitely in NCAA recruiting scandal. 6.    DOJ quietly modifies Corporate FCPA Enforcement Policy.  7.    Did Oracle violate the FCPA? 8.    1MDB scandal back in the news as former Goldman Sachs banker Timothy Leissner and Roger Ng banned from banking industry for life. David Simpson reports. Also-did Jho Low contribute to Trump campaign? Tom Wright and Bradley Hope report. 9.    How can you engage a BOD on cyber risks? 10. Tom continues with fan fav podcast series this week, the Adventures in Compliance this week.Check out the following: Part 1-The Red Circle; Part 2-The Abbey Grange; Part 3- The Priory School; Part 4-The Six Napoleons; and Part 5-The Empty House.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotify. It is now on Corporate Compliance Insights.11. In a special guest segment, Matt Kelly reports on the highlights from Ethisphere’s Global Business Ethics Summit, which was held this past week in New York.12. Check out the latest edition of Popcorn and Compliance where Tom and Jay look at Captain Marvel. It posts Saturday, March 16 on the Compliance Podcast Network.   Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 15, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      No. 3 at Facebook leaves of Facebook’s new direction. (New York Times)·      Admissions scandal hits USC hard. (New York Times)·      Bill Powers, author of the Powers Report on Enron passes away. (New York Times)·       The Wrecking Crew loses another member. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. This episode is the conclusion of a special two-part episode. Today, in Episode 43 Jonathan Armstrong and Matt Kelly weigh in on issues that are on their collective minds. Last week, in Episode 42 Mike Volkov and Jay Rosen sounded off. Shout outs (and no rants) followed Part 1 in Episode 42. This week, Jonathan Armstrong discusses the UK Serious Fraud Office’s conclusion of its investigation into the individuals at Rolls Royce and GSK.This week, Matt Kelly considers the continued taunting tweets from Elon Musk, the SEC’s request for a federal court to hold Musk in contempt from his prior SEC settlement over the ‘funding secured’ tweet and what all this may mean for the SEC going forward.Last week Mike Volkov used the Cohen testimony to the House Oversight Committee to explain the process of Congressional oversight, including how a company or witness is called to testify, the testimony preparation process and the testimony process.Last week, Jay Rosen talked about the DOJ focus on new industries for FCPA investigations including Major League Baseball teams and universities and colleges.The members of the Everything Compliance panelist are:Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.comMike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.comJonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.comThe host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network. For additional reading see: Cordery Compliance client alert Rolls Royce Case Sends a Strong Signal Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 14, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      What is the ‘ethics premium? (Radical Compliance)·      The strippings start. (Risk & Compliance Journal) ·      60 Minutes episode leads to DPA. (MarketWatch)·       DOJ program for self-disclosure making headway. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 13, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Ex-Olympus boss wins pension suit. (Financial Times)·      Feds bring massive college admission scam action. (Washington Post) ·      The OECD is watching. (Calgary Herald)·       Former KPMG partners convicted in PCAOB scandal. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into the recent Bankrate DOJ enforcement action in which the company garnered a NPA and for which it paid a total penalty of $28.5 million. We feature a discussion of internal control overrides. Some of the highlights include: Ø What are the background facts of the matter?Ø Why should you never name a slush fund “Ed’s Cushion?Ø What is the difference between management over-ride of internal controls and abuse of management control override?Ø Why is robust accounting required when there is a single source of data?Ø What is the straight line from internal controls and accounting to the Board and the audit committee?Ø Where was the Audit Committee? For additional reading see Matt’s blog post Bankrate pays $28.5 million in fraud caseon Radical Compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 12, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Did Oracle violate the FCPA? (Tech Central)·      General David Petraeus calls for the end of shell companies. (Washington Post)·      Jay Clayton says prepare for market turmoil if there’s a hard Brexit. (MarketWatch)·       What is a ‘loonshot’? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I consider the theme of mentoring in compliance.   In the story The Adventure of the Six Napoleons, Inspector Lestrade says to Holmes, “Well,” said Lestrade, “I’ve seen you handle a good many cases, Mr. Holmes, but I don’t know that I ever knew a more workmanlike one than that. We’re not jealous of you at Scotland Yard. No sir, we are very proud of you, and if you come down to-morrow, there’s not a man [...] who wouldn’t be glad to shake your hand.” This comment provides insights into how Holmes is viewed by other law enforcement officers; Holmes is a sort of living legend and the other officers respect his skills. The matter involved the theft of jewelry as Inspector Lestrade of Scotland Yard brings Holmes a seemingly trivial problem about a man who shatters plaster busts of Napoleon. One was shattered in Morse Hudson’s shop, and two others, sold by Hudson to a Dr. Barnicot, were smashed after the doctor’s house and branch office had been burgled. Nothing else was taken in any of the break-ins. It turns out that the thief had stolen several pieces of jewelry and then hid them in the Napoleonic busts. The thief, having been released from prison on an unrelated offense, was tracking down the busts in which he had placed the jewels for hiding, breaking them open and reclaiming his purloined property.  What are some of the ways that you might mentor a younger or less senior compliance professional? I think there are several ways suggested by Conan Doyle as epitomized by the statement by Lestrade and his relationship with Holmes and Watson. 1. Passion- CCOs and seasoned compliance professionals tend to be passionate about compliance even if (like myself) they have a legal background and came to compliance from a corporate legal department. You should work to transmit that passion to others you are mentoring. 2. Developing Networks-Introduce your mentees to others in your organization, so that they can be exposed to different leadership styles and see how such leadership styles work in various areas and with different constituencies. 3. Develop Purpose-This can be aided through reflection, introspection and ability to change as a leader. Moreover, rather than influencing others through individual speeches or stories, the everyday connections between a compliance professional’s sense of purpose and the compliance vision can work to form an indelible impression about the importance of compliance to an organization.   4. Next Generation of Compliance Professionals-it is equally important that you communicate that to your mentee as it is certainly important that each generation of compliance leaders be fit for the future and be committed to continuous improvement going forward.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Andrew Beato from the law firm of Stein Mitchell Beato & Missner LLP. We discuss the firm’s recent Federal Claims Act settlement with Walgreen on behalf of firm client  Marc Baker. Walgreens agreed to pay $60 million to settle allegations that it knowingly overcharged government healthcare plans such as Medicaid for prescription drugs. With this settlement, Walgreens resolved allegations that the company defrauded the U.S. government and 39 states by submitting false and inflated prices for prescription drugs to increase its government reimbursements. The settlement is one of the largest of its kind against a retail pharmacy under the qui tam whistleblower provisions of the False Claims Act. Some of the highlights of the podcast include: ·     The practice at Stein Mitchell Beato & Missner LLP;·     What are qui tamwhistleblower protection under the FCA;·     The allegations and resolution of the lawsuit against Walgreens.·      Why are qui tam actions to powerful? ·     How do qui tam actions benefit the individual, the government and society as a whole?·     How whistleblowers in such actions are in a private-public partnership to prevent government fraud, waste and abuse? Learn more about your ad choices. Visit megaphone.fm/adchoices

This week I return to one my favorite themes for every Chief Compliance Officer (CCO), compliance professional and compliance program: Sherlock Holmes. Over the next five days, I will be considering themes from the short stories to illustrate broader application to components of a best practices compliance program. I have used three primary resources in putting together this series: Maria Konnikova’s Mastermind(Konnikova); the online site shmoop.comand its blog post, The Return of Sherlock Holmes(shmoop); and finally the most seminal print work on the entire Holmes canon, the three-volume The New Annotated Sherlock Holmes(Klinger) edited with notes by Leslie S. Klinger. IN this episode, I consider the Adventure of the Red Circle and how it informs communication in a best practices compliance program.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Today, I consider the Adventure of the Priory School.  In the story The Adventure of the Priory School, Watson meets a character, Reuben Hayes, who  believes to be the most “self-evident villain” he has ever seen. The tale revolves around the disappearance of a Duke’s son who is kidnapped by the Duke’s illegitimate son, James Wilder, who has in turn hired that most evil person Hayes to kidnap the lad. In pulling off the crime, Hayes had killed the lad’s tutor, one Heidegger, who had gone off in search of the boy. Holmes resolves the matter, while Hayes swings for his crime, the illegitimate son, Wilder is packed off to Australia. This story informs criminality and compliance.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Today, I consider The Adventure of the Abbey Grange.  In the story The Adventure of the Abbey Grange, Holmes feels something is just not right about the story told by Lady Mary Brackenstall regarding the death of her step-father Sir Eustace Brackenstall. Holmes’ largest concern turns on the contents of three wine glasses, one of which contains beeswing and the other two do not. It turns out that Sir Eustace was killed by a companion of Lady Mary, which Holmes uncovers. However, Holmes has an adaptability for justice when the situation demands it, stating, “Once or twice in my career I feel that I have done more harm by my discovery of the criminal than ever he had done by his crime.” Satisfied the actions of the criminal and his accomplice (Lady Mary) were both warranted and just; Holmes does not report his findings to the local police. Klinger dryly noted, “his sympathies may have overridden his judgement: Many scholars believe that Holmes lets himself be fooled by a villainess clever than he credited.” Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 11, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Wells Fargo and terrible corporate culture. (New York Times) ·      Martin Shekreli continues to run company (from prison). (Washington Post)·      LSU suspends BB coach indefinitely. (Sports Illustrated)·       Leadership Lessons from Sandra Day O’Conner. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special bonus podcast, I am joined by Mike Volkov to discuss the stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the FCPA enforcement action against the Russian telecom company, MTS. The FCPA enforcement action came in at $850 million which makes it Number 3 in the Top 10 of all-time FCPA settlement. Some of the highlights include: ·     The background facts;·     Similarities with VimpleCom and Telia;·     Criminal Indictments of Gulnara Karimova and Bekhzod Akhmedov;·     Jurisdictional issues raised;·     Lessons learned for the compliance professional;·     The clear delineation from Yates Memo to the FCPA Pilot Program to the 2017 FCPA Corporate Enforcement Policy to this enforcement action; and final thoughts.  Resources: 1.     MTS Deferred Prosecution Agreement (DPA);2.     MTS Criminal Information (MTS Information);3.     SEC Cease and Desist Order (Order);4.     Karimova and Akhmedov Indictment (Indictment);5.     Kolorit Dizayn Ink Plea Agreement (Plea Agreement);  6.     Kolorit Dizayn Ink Information (Kolorit Information);7.     DOJ Press Release; and 8.     SEC Press Release. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with podcast favorite Erica Salmon Byrne, the EVP and Executive Director of Business Ethics Leadership Alliance at Ethisphere on its 2019 World’s Most Ethical company awards. The companies will be honored at the upcoming Some of the highlights of the podcast include: ·     This year’s numbers include 128 companies honored. They were located in 21 countries and in 50 different industries;·     Ethisphere now has 13 years of data, what does it show?·     What is the ‘ethics premium’?·     What are some of the characteristics of WME award winning companies?·      What are the business benefits of transparency and open communications? ·     How does diversity benefit a corporation?·     What can the compliance practitioner learn from these leading companies? Additional ResourcesLinkedIn Profilefor Erica Salmon Byrne.Byrne article: The Ethics Premium: Performance Founded in PurposeFor agenda and registration information on the 2019 Global Ethics Summit, click here. For information on the Dinner honoring the 2019 World’s Most Ethical companies, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 9, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      A COI at the top is bad. (Financial Times)·      There are more $100 bills than $1 bills. What does that mean for compliance? (Financial Times) ·      Will Justin Trudeau survive? (Financial Times)·      What happens when billionaires fight? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom and Jay were both conferencing this week, albeit in different disciplines. Tom at Podfest Expo and Jay at the ABA White Collar Crime conference. In between they discussed some of this week’s top compliance and ethics stories which caught their collective eyes. 1.    MTS has massive FCPA resolution. Harry Cassin breaks the story.2.    CTFT to follow DOJ lead on enforcement and SEC lead on Whistleblowers.  Dick Cassin reports.3.    Hacienda Healthcare is one of the worst corporate governance failures ever. 4.    Gulnara Karimova charged with conspiracy to commit money laundering in the whooping amount of $866MM. Harry Cassin reports. 5.    Are consumers the new regulators of global business practices? Richard Young explores. 6.    Are Boards getting sufficient information on risk? Kristin Broughton reports in the WSJ .Matt Kelly says compliance professionals can help. 7.    Is Baker MacKenzie in deep trouble over JBS bribery settlement? Former partner to be deposed over hire of Brazilian prosecutor.8.    Dutch prosecutors have told Shell the company will be criminally indicted over its role in obtain drilling rights in Nigeria. Chloe Taylor reports.9.    Jay begins a new role as a Featured Columnist on Corporate Compliance Insights. Check out CCI’s cool new look. 10. Tom returns his periodic podcast series the Opinion Release Papers, with a five-part offering this week. Check out the following: Part 1-Opinion Release 10-03 on charitable donations under the FCPA; Part 2-Opinion Release 10-02 on hiring foreign officials as agents; Part 3- Opinion Release 07-01, travel for foreign officials; Part 4-Opinion Release 07-02, travel for and entertainment of foreign officials; Part 5-Opinion Release 11-01, why should you use the process.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotify. It is now also on Corporate Compliance Insights. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The only Opinion Release of 2011 (11-01) may have left compliance practitioners initially scratching their heads. However, this collective head scratching is not because the Opinion Release is so difficult to understand and has no application to the everyday business of compliance, but for a polar opposite reason – the question posed to the Department of Justice (DOJ) is so straight-forward, and has been previously asked and answered, that it is difficult to understand how any first year compliance practitioner did not know the answer to it. Yet there is more than this facile analysis as to what may have been going on.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. This episode is Part 1 of a special two-part episode. Today, in Episode 42 Mike Volkov and Jay Rosen sound off. Next week, in Episode 43 Jonathan Armstrong and Matt Kelly weigh in on issues that are on their collective minds. Shout outs (and no rants) follow this episode only after the commentators say their peace.   1. Mike Volkov uses the Cohen testimony to the House Oversight Committee to explain the process of Congressional oversight, including how a company or witness is called to testify, the testimony preparation process and the testimony process. Volkov then flips it around to evaluation the questioning and interrogation style of the Representatives. Volkov gives his first ‘in-anticipation’ shout out to OFAC who is coming out with its recommendations on a best practices compliance program.  2. Jay Rosen talks about the DOJ focus on new industries for FCPA investigations including Major League Baseball teams and universities and colleges. Jay shouts out to the podcast “The Dropout” which tells the tale of disgraced and fallen Theranos founder, Elizabeth Holmes.  3. Next week Jonathan Armstrong will discuss the UK Serious Fraud Office’s conclusion of its investigation into the individuals at Rolls Royce and GSK.  Jonathan shouts out  to the Dutch anti-corruption investigators and enforcers who have recently increased not only their collective vigilance but their investigations and prosecutions.   4. Next week, Matt Kelly will consider the continued taunting tweets from Elon Musk, the SEC’s request for a federal court to hold Musk in contempt from his prior SEC settlement over the ‘funding secured’ tweet and what all this may mean for the SEC going forward. Matt shouts out to Lyft and Uber who are offering list price stock to a select group of long-time employees in their respective IPO debuts.   The members of the Everything Compliance panelist are:•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com•       Mike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.•       Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com•       Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.  For additional reading see: David Chaikin and Kurt Wolfe’s article in Law360, entitled, “Potential New FCPA Enforcement Targets Come Into Focus”.  Check out the podcast from Jay’s shout out, The Drop Out.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 7, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Russia based MTS settles FCPA violations for $850MM (FCPA Blog)·      CTFT to follow DOJ lead on enforcement and SEC lead on Whistleblowers. (CTFT Press Release)·      Are you still under construction? (You should be) (Wall Street Journal)·      Robert Kraft lawyers up. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 6, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Huawei sues US claiming Bill of Attainder. (Zero Hedge)·      The clown show ends. (New York Times)·      Rule 29 ruling rides into the sunset. (New York Times)·       Just in time to watch March Madness, Carlos Ghosen to be released on bail. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into horrific corporate conduct engaged in by Hacienda Healthcare in Arizona over the past few months. Our discussion provides insights into failures at the Board oversight level, corporate governance, CEO, senior management and CCO position.  Some of the highlights include: Ø What are the background facts of the matter?Ø How could the facility allow the rape of an incapacitated patient who is in a permanent vegetative state?Ø Why did the professional investigator brought into to investigate the crime resign so noisily?Ø Why was there such a complete total and utter failure by the Board on oversight?Ø What, if any, are the potential criminal charges which might be filed?Ø Where was compliance? For additional reading see Matt’s blog post Governance Nightmare in Arizonaon Radical Compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

Corruption can take many forms, but its root causes often include a conflict of interest and possibly some type of collusion. In this episode, we’re illustrating these concepts and how they intertwine, and what you can do to proactively make sure your organization is secure. Where there is collusion, there may also be a conflict of interest While this type of fraud doesn’t necessarily involve a third party, it does involve the employee. In this case, they’re using their role as an employee, but acting outside their capacity to collude with another party for their personal benefit. Fraud generally involves an act of concealment, but frauds that include collusion usually occur off the books. There’s nothing to conceal as there is nothing on record. In this instance, the concealment is in not disclosing the potential conflicts of interest — which can present significant fraud risks. There are guidelines for this, like the ICC Guidelines on Conflicts of Interest in Enterprises, that recommend close monitoring and regulation of actual or potential conflicts of interest. The guidelines have examples, a discussion on communication and training, and four dilemma scenarios that are fantastic to use as a training aid. Some common conflict of interest schemes The Purchase Scheme involves overbilling a company for goods and services by a vendor in which an employee has an undisclosed ownership or financial interest. The Sales Scheme involves the underselling of company goods and services by an employee to a company in which the employee maintains a hidden interest. Activities that can create a possible conflict of interest Nepotism:the practice of giving favors to relatives and close friends (e.g. by hiring them) Cronyism: the appointment of friends and associates to positions of authority without proper regard to their qualifications Self-dealing: when someone in a position of responsibility has an outside conflict of interest and acts in their own interests rather than the interest of the organization Code of Conduct The Sarbanes-Oxley Act Section 406c requires that all US-listed companies maintain a code of conduct, and the New York Stock Exchange Corporate Governance Rules requires companies to adopt and disclose its corporate governance guidelines and code of business conduct and ethics. So if you’re a publicly traded company, your code of conduct must define conflicts of interest — a good policy, regardless. Final thoughts Conflicts of interest can be problematic if not understood and managed appropriately. They increase the risk of bias and poor judgment, and usually never end well. When it comes to fraud risk management, Compliance and Internal Audit need to understand conflicts of interest and address them accordingly. All conflicts of interest must be documented in writing and make sure there is proper monitoring in place, so that your company is proactively dealing with these issues. Resources ICC Guidelines on Conflicts of Interest in Enterprises The Sarbanes-Oxley Act of 2002  Sections mentioned:SOX Section 302SOX Section 906SOX Section 404 SOX Section 406SOX Section 406cNew York Stock Exchange Corporate Governance RulesCheck: Provision 10 Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the Modern Medium Podcast! We talk about the tools, strategies, tactics, and possibilities in modern medium design. In our first episode, we’re exploring ideas: how they form, how they change, and how we might incorporate those ideas into graphic design. The creative process and coming up with ideas When you’re stuck in a creative rut, it’s difficult to know where to begin with an idea. Even when you do have an idea, it’s easy to get caught up in what you think something is supposed to be or what it’s supposed to look like. So it’s an important part of the process to learn how to let go. Ideas can come from anywhere. You can think of anything as a base point and go from there with it. Think about what you knew before, think about what you know now, and think about how things have changed. This doesn’t have to go anywhere tangible; you can use this as a brainstorming exercise or mind map and take off from it. The Willamette River The Willamette River was brought up in class and it was interesting for Paris to think about the things she knew about the river, the things she didn’t know, its past, and its future. She shares her train of thought from there: how the river has served generations, the way it bisects each side of the city, what it has meant to the people living in Oregon, and how things are going to change. It’s interesting to think about the lifetime of the river, how that can form ideas, and how those ideas will change. It’s not simply continual movement of water, but how you react to it. Paris shares the story of going down to the river, hoping to be inspired by nature, but being blocked by a barrier when she arrived. The idea that sparked was how trashed it’s been — and the group put up an art exhibition on trash the following week. There’s so much going on around the river every day and we can have no idea what’s happening, and to Paris, she thinks of it as a continual cycle of change.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 5, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Uber’s GC is trying to clean up its mess. What about its culture? (New York Times)·      Dutch authorities about to charge Shell with massive bribery scheme. (CNBC)·      Wells Fargo Hires Strategic Enterprise Risk Chief. (Wall Street Journal)·      Purdue Pharma preparing bankruptcy filing. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In the second Opinion Release of 2007, 07-02, the Department of Justice (DOJ) considered another scenario where a US company desired to pay for travel to the US of foreign officials and for some business entertainment while these persons were in the US. It had some additional facts beyond those from Opinion Release 07-01 which are important for a compliance program.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2007, the DOJ issued two Foreign Corrupt Practices Act (FCPA) Opinion Releases which offered guidance to companies considering whether to, and if so how to, incur travel and lodging expenses for government officials. Both Opinion Releases laid out the specific representations made to the DOJ, which led to the Department approving the travel to the US by the foreign governmental officials. These facts provided strong guidance to any company which seeks to bring such governmental officials to the US for a legitimate business purpose. In this podcast I discuss Opinion Release 07-01. In the next episode, I will take up 07-02. Learn more about your ad choices. Visit megaphone.fm/adchoices

What is a company to do if, in order to obtain a contract with a foreign government, they must agree to invest a percentage of the proceeds of the transaction into the community in which it operates as a “charitable donation”? This issue was considered in the second FCPA Opinion Procedure Release of 2010, 10-02. This issue is often negotiated with the foreign government and can include cash or in-kind contributions of computers, equipment or appliances to schools, communities or organizations. While not a payment to a governmental official, it is still a payment to a governmental entity for the purpose of securing a lucrative contract and requires careful consideration. This spectra is currently required in some countries by law and these payments have generated some questions with regard to compliance with the Foreign Corrupt Practices Act (FCPA) as such donations could be interpreted as corruptly giving or offering anything of value to any “foreign official” in order to assist “in obtaining or retaining business for or with, or directing any business to, any person . . . .” 15 U.S.C. § 78dd-2(a)(1).  Learn more about your ad choices. Visit megaphone.fm/adchoices

Can you hire a foreign official as your agent? Is a foreign official always a foreign official for the purposes of the Foreign Corrupt Practices Act (FCPA)? Can a person be a foreign official yet not under a contract for third party services? After all, the FCPA does not prohibit business relations with or even payments to foreign officials as there must be evidence of corrupt intent. Put another way, while such a scenario is certainly high risk under the FCPA, just because it is high risk does not mean that it cannot be accomplished. It simply means the risk management must be higher. The problem was laid out in Opinion Release 10-03. Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 4, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Why is prosecuting bankers so hard? (Wall Street Journal)·      Huawei fights back against jailed exec. (Wall Street Journal)·      Meanwhile, Canada moves extradition hearing forward against Huawie exec. (Wall Street Journal)·      Canada PM in deep trouble and its getting in deeper. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Andrew Beato from the law firm of Stein Mitchell Beato & Missner LLP. We discuss the firm’s recent False Claims Act settlement with Walgreen on behalf of firm client  Marc Baker. Walgreens agreed to pay $60 million to settle allegations that it knowingly overcharged government healthcare plans such as Medicaid for prescription drugs. With this settlement, Walgreens resolved allegations that the company defrauded the U.S. government and 39 states by submitting false and inflated prices for prescription drugs to increase its government reimbursements. The settlement is one of the largest of its kind against a retail pharmacy under the qui tam whistleblower provisions of the False Claims Act. Some of the highlights of the podcast include: ·     The practice at Stein Mitchell Beato & Missner LLP;·     What are qui tamwhistleblower protection under the FCA;·     The allegations and resolution of the lawsuit against Walgreens.·      Why are qui tam actions to powerful? ·     How do qui tam actions benefit the individual, the government and society as a whole?·     How whistleblowers in such actions are in a private-public partnership to prevent government fraud, waste and abuse? Resources Stein Mitchell Beato & Missner LLP websiteAndrew Beato LinkedIn profileCase Name:     United States ex rel. Marc D. Baker v. Walgreen, Co., 12 Civ. 0300 (JPO) (S.D.N.Y.).  Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom returns from London to find Sam Rubenfeld announcing his departure from the WSJ Risk and Compliance Journal via Twitter. Tom and Jay are back together to take a look  at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Ethisphere’s 2019 World’s Most Ethical companies awards is announced. 2.    Fresenius announces pending FCPA resolution. Sam Rubenfeld reports in the WSJ Risk and Compliance Journal. Sam announces his departure from the Risk and Compliance Journal via Twitter.3.    The UK Serious Fraud Office closes its investigation into GSK and Rolls Royce with no individuals prosecuted. How could this happen? 4.    What new industries are under FCPA scrutiny? 5.    Bio-Rad GC retains most of his whistleblower award. 6.    What is the intersection of Supply Chain and security? 7.    What are the dangers of a GC shirking their FCPA duties? 8.    What is the intersection of sports and compliance? 9.    Proviti’s Jim DeLoach named recipient of the 2019 Bette Steed Leadership Award by the Greater Houston Business and Ethics Roundtable. 10. Tom has a special 4-part podcast series this week, Live from Londonwhere he was interviewed Jonathan Armstrong. Check out the following: Part 1-customers emerging as corruption risks, Part 2-state of compliance in 2019; Part 3- the Cognizant Technology FCPA declination; and Part 4-regime change and compliance.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotify. It is soon to be on Corporate Compliance Insights.11. Navex Global is putting on a virtual master class-- Ethics Beyond Compliance: Retaliation, Thursday, March 14, 2019 at 8:30 AM Pacific | 10:30 AM Central | 11:30 AM Eastern | 3:30 PM GMT. Registration and agenda are availablehere.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 1, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      What should the SEC do about Elon Musk? (Financial Times)·      Israeli PM to be arrest on corruption charges. (New York Times)·      Tech companies went to Ireland to avoid taxes, now paying the (data privacy) piper. (Financial Times)·       Doping arrests of skiers in Europe. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 28, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Bio-Rad GC retains most of his whistleblower award. (San Francisco Chronicle) ·      Judge orders Musk to explain tweets. (San Francisco Chronicle)·      Why did Odebrecht use Dutch shell firms to pay bribes? (Reuters)·      What do you do when you find $6MM in stolen assets? (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

We are back with our fan favorite Oscar movie month. During the month of February each year, we look at Oscar-winning Best Pictures and consider the leadership lessons we glean from our viewing. This month we look at three: No Country for Old Men, The Sting and The Last Emperor. In this episode of 12 O’Clock High, a podcast on business leadership, Richard Lummis and I take at the 1987 Best Picture winning film, The Last Emperor. Some of the highlights were: ·     This was the first movie shot in the Forbidden City;·     How does one lead in an era or region of different values and different cultures?·     Are the trappings of your power as a business leader only that, mere trappings? If so what does this mean?·     How does your company do business outside the US? and·     Why does even the best leader sometimes need to bring in an outside expert to assist?  Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recent imbroglio involving surrounding New England Patriots owner Robert Kraft who has been charged with solicitation of prostitution, what it means for both Kraft and the NFL and the compliance response.   Some of the highlights include: Ø What are the background facts of the matter?Ø What has been the response of the NFL? Will it investigate or leave it to the public authorities?Ø What are other criminal charges involving NFL owners and what was the NFL response?Ø What are the key employee/CEO risks for an organization?Ø How much private conduct is really public in this age of social media?Ø Why is compliance the only response? For additional reading see Tom’s blog post Robert Kraft, the NFL and Complianceon the FCPA Compliance and Ethics Blog. Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 27, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      CITGO sued for retaliation in Houston. (Houston Chronicle)·      SEC says Elon Musk in contempt. (Wall Street Journal)·      Wilbur Ross says he didn’t mean to lie on his financial disclosure forms. (Washington Post)·      BSRG back in good graces in Guinea. (The Telegraph) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this 4th and final episode of my special four-part podcast series Live from London, Jonathan Armstrong interviews me on how regime change has modified the risk calculus for the compliance practitioner. I highlight some of the emerging developments in this area and what they portend for the compliance practitioner and compliance programs. Some of the highlights include:How has democratically elected regime change impacted compliance?What can CCOs do to stay ahead of the curve on this emerging issue?Does your company have a political risk function? If so go down and have a cup of coffee with them.How will be next?How can you scrub your business operations from the compliance perspective? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode 3 of my special Live from London series, Jonathan Armstrong interviews me on the recent on the Cognizant Technology Solutions Corp FCPA enforcement action, declination and C-Suite criminal indictments which were all recently announced. I highlight the significance of the declination for for the compliance professional. Some of the highlights include:The underlying facts of the case.How did the company obtain a Declination with Disgorgement in the face of C-Suite involvement?What prior FCPA enforcement actions could provide guidance for the resolution in this matter?What are the lessons to be learned by the CCO and compliance professional from this enforcement action?What are the lessons for Boards of Directors from the Cognizant enforcement actions? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode 2 of my special Live from London series, Jonathan Armstrong interviews me on the state of compliance in 2019. I highlight some of the emerging developments and what they may mean for the compliance practitioner and compliance programs. Some of the highlights include:How technology and AI will play an increasing role in compliance.How and why compliance is now seen as a business process and not a legal response.As a CCO do you visibility across the spectrum of sales and procurement in your organization?What are some of the top tech tools for you to use?Why the human element will never leave compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode 1 of my special Live from London series, Jonathan Armstrong interviews me on the recent several FCPA enforcement actions where customer were a part of the bribery scheme. I highlight the significance of this emerging development and what it may portend for the compliance practitioner and compliance programs. Some of the highlights include:How do you perform anti-corruption due diligence on a customer?Why is managing the contract after it is signed has taken on greater significance?What is your visibility into the life cycle of customer management as a compliance professional?What are your internal controls around discounts for customers?Do you know what is or is not a reasonable discount? Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 25, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Does power corrupt or just expose your character? (Washington Post)·      Risk management has been around since Babylonians. (Wall Street Journal)·      Do you count paper clips? Kraft food does and look where it got them. (Wall Street Journal)·      Will Airbnb ever regulate itself? (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Miller & Chevalier lawyers James Tillen and Marc Bohn on the firm’s FCPA Winter Review 2019. Miller releases a FCPA review quarterly each year and it is one of the top reports on what is going on in both FCPA enforcement and wider international anti-corruption enforcement and developments. Highlights from the podcast include: What do the overall numbers of newly opened FCPA investigations look like under the Trump Administration? What are interpretations of this amount of new cases reported?What are some of the key issues  which a CCO should consider on a proactive basis given the current state of FCPA investigations and enforcement?Did the release by the DOJ of the Anti-Piling Policy, the M&A addition to the FCPA Corporate Enforcement Policy and modification to the Yates Memo change the approach a compliance program should consider?One interpretation of the Benczkowski Memo is that it lays out a road map for companies who get into FCPA hot water on how to avoid a monitor. Is that interpretation valid?Regime change overseas has more often brought investigations from the new regime into the old regime. From a corporate perspective, what should a Board, senior management or CCO-type do to prepare for democratically elected regime change?Under GDPR, have investigations in the EU/UK changed for the firm or your clients? You can check out a copy of Miller & Chevalier’s FCPA Winter Review 2019 by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom in is London this week, thinking about Gary P. Nunn, the Lost Gonzo Band and London Homesick Blues(special bonus points if you have heard Nunn or his group live). He takes a look  at some of this week’s top compliance and ethics stories which caught his eye, across the pond. 1.    Swedish court lets Telia execs walk free. 2.    How bad are things at Tesla? New GC backs out after 2 months. 3.    In a stunning FCPA enforcement action, Cognizant Technologies obtains a declination. Matt Kelly is so stunned he has two blog posts on it. Tom and Mike Volkov are so stunned they have there first bonus podcast, on the the FCPA Compliance Report. Mike Volvok takes a deep dive in a four part blog post series on Corruption, Crime and Compliance.4.    Former CEO and GC of Cognizant Technologies charged criminally under the FCPA. 5.    What will be the impact of a Global Magnitsky Act. Kelly Swanson reports inGIR. 6.    Alison Taylor continues her run of great pieces, this one on the relationship of companies to suppliers to compliance. 7.    GiGo is still relevant in AI. 8.    What are the basics of a Congressional investigation? 9.    How do you protect the attorney-client privilege and the 5thamendment will cooperating with the government? 10.  Danske Bank unceremoniously kicked out of Estonia. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 22, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      The table comes to Zuckerberg. (BBC)·      When is your value chain in jeopardy? (The Telegraph)·      When is your supply chain in jeopardy? (UK Times)·      Will Brexit damage your compliance program? (UK Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. In this week’s episode, the gang looks at some the issues that are on their collective minds. Shout outs and one rant follow after the commentators say their peace.   1. Mike Volkov talks about trade sanctions and how the current US-Venezuela imbroglio may play out for US companies.  Mike shouts out to Dick Cassin who retired on February 1 as the Publisher and Editor of the FCPA Blog. We all agreed the entire compliance community owes a huge debt of gratitude to Dick.  2. Jay Rosen talks about corporate culture and its increasing importance in the overall ethical health of an organization. Jay shouts out to his New England Patriots for their 6thSuper Bowl win in the defeat of the LA Rams.  3. Tom sits in for Jonathan Armstrong and expounds on what regime change means for the compliance professional.  Tom shouts out to Frank Robinson, one of baseball’s greatest players and first African-American manager who recently died.  4. Matt Kelly considers four recent SEC enforcement actions involving internal controls and how it may portend greater scrutiny in the FCPA realm of internal controls. Matt rants about company CEOs who do not tell anyone else their passwords before they have the temerity to die.  The members of the Everything Compliance panelist are:•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com•       Mike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.•       Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com•       Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.  Learn more about your ad choices. Visit megaphone.fm/adchoices

We are back with our fan favorite Oscar movie month. During the month of February each year, we look at Oscar-winning Best Pictures and consider the leadership lessons we glean from our viewing. This month we look at three: No Country for Old Men, The Sting and The Last Emperor. In this episode of 12 O’Clock High, a podcast on business leadership, Richard Lummis and I take at the 1973 Best Picture winning film, The Sting. Some of the highlights were: ·     Best Costume Design Oscar to Edith Head was key reason for the film’s success;·     How many red flags did Doyle Lonnegan miss involving Gondorff and Hooker?·     How did Marvin Hamlisch’s interpretation of Scott Joplin enhance the movie?·     The script was discovered in an agent’s ‘slush pile’ of unread scripts; and·     How can a leader use the talent and resources available to him or her to achieve a goal?  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 21, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      HSBC is still compliance challenged? (Financial Times)·      Manolete takes a bow. (Financial Times)·      What does it mean for compliance when competitors go tete-a-tete? (Financial Times)·      What happens if Wal-Mart goes online only? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

I recently had the chance to visit with Rakhi Kumar, Senior Managing Director, Head of ESG Investments and Asset Stewardship, at State Street Global Advisors. We discussed the firm’s recent initiative around corporate culture and Board of Director engagement on this issue. State Street Global Advisors recently released a Letter from its President and Chief Executive Officer, Cyrus Taraporevala, in which he called upon corporate Boards to place a greater emphasis on corporate culture, which State Street Global Advisors says is a top asset stewardship engagement priority for the asset manager in 2019. But more than simply laying out the problem around Board’s assessing and monitoring corporate culture, State Street Global Advisors laid out a Framework for Boards to do so with their recently released Aligning Corporate Culture with Long-Term Strategy. We considered this and much more in this podcast. Some of the highlights include: Why should corporations align culture with long term strategy;What is corporate culture? Why is there growing regulatory and investor interest in corporate culture?What is the Board’s role in assessing and monitoring corporate culture?What is a Framework for doing so? For additional reading on my interview with Rakhi Kumar and State Street Global Advisor’sFramework for Aligning Corporate Culture with Long-Term Strategy, see the White Paper, Boards and Corporate Culture: SSGA Frameworkavailable through Corporate Compliance Insights.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 20, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      What does the fraying of Atlanticism mean for compliance? (Financial Times)·      Telia execs walks free on Uzbekistan bribery. (Stockholm News)·      Are Brexit fears based on reality? Ask the workers at Honda’s Swindon plant. (TheTelegraph)·      Estonia orders Danske Bank to close local branch. (BBC) Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 19, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      How green are you and your supply chain? (Financial Times)·      How will a no deal Brexit negatively impact crime fighting. (Financial Times)·      Who will rebuild Syria and what will the response of corporate compliance programs? (Financial Times)·      Do you trust your auditors? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 18, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      How much reputational damage with PwC take? (The London Times)·      PwC audit leads to potential criminal charges. (The London Times)·      What standards will change after Brexit? (The London Times)·      Did Domino’s Pizza throw a temper tantrum over its franchisees? (The London Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

I continue the discussion with Pat Harned, Chief Executive Officer (CEO) of Ethics and Compliance Initiative (ECI), about the firm’s 2018 Global Business and Ethics Survey (GBES). In this series we are considering each of the four GBES reports released by ECI. These include The State of Ethics & Compliance in the Workplace, released in Q1 2018; Measuring the Impact of Ethics & Compliance Programs, released in Q2; Building Companies Where Values and Ethical Conduct Matter, released in Q3 and Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It, released in Q4. We discuss each report in a separate podcast and then in Part V, tie them all together. Today, in Part 2, we consider the survey Measuring the Impact of Ethics & Compliance Programs. For more information on ECI, check out their website by clicking here. To obtain a copy of all four of the 2018 GBES surveys, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast series I visit with Pat Harned, the Chief Executive Officer (CEO) of Ethics and Compliance Initiative (ECI) about the firm’s 2018 Global Business and Ethics Survey (GBES). In this series we consider each of the four GBES reports released by ECI. These include The State of Ethics & Compliance in the Workplace, released in Q1 2018; Measuring the Impact of Ethics & Compliance Programs, released in Q2; Building Companies Where Values and Ethical Conduct Matter, released in Q3 and Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It, released in Q4. We discuss each report in a separate podcast and then in Part V, tie them all together. Today, in Part 4, we consider the survey Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It. Join us for Episode 5, where we conclude our series by considering the scope of what these four GBES components mean for companies, the compliance professional and the compliance profession. For more information on ECI, check out their website by clicking here. To obtain a copy of all four of the 2018 GBES surveys, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit Joel Androphy, a co-founder of the law firm of Berg and Androphy in Houston. Androphy is a well-known white-collar defense lawyer and plaintiff’s counsel in Federal Claims Act and qui tam cases. Highlights from the podcast include: 1.    FCA cases are designed to help prevent fraud, waste and abuse in government contracting. 2.    FCA cases can include illegal work conditions in addition to monetary matters. 3.    What are the procedural steps needed to bring a FCA action? 4.    Why the right counsel is so important for a successful FCA action.5.    What happens in a FCA or qui tam trial?6.    What happens if the government takes over a FCA case?7.    What are the potential recoveries? The firm of Berg & Androphy are leaders in trying complex commercial, financial, structured product, white collar and qui tam cases. Its attorneys prepare each case as if it is going to trial. That willingness to try lawsuits adds value to its clients’ cases and has contributed to the resounding successes that the firm has experienced over the course of its long history, both in settlements and verdicts. For more information on Berg and Androphy check out their website by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast series I have visited with Pat Harned, Chief Executive Officer (CEO) of Ethics and Compliance Initiative (ECI), about the firm’s 2018 Global Business and Ethics Survey (GBES). In this series we have considered each of the four GBES reports released by ECI . These included The State of Ethics & Compliance in the Workplace, released in Q1 2018; Measuring the Impact of Ethics & Compliance Programs, released in Q2; Building Companies Where Values and Ethical Conduct Matter, released in Q3 and Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It, released in Q4. In our final episode we conclude by tying them all together, considering what the findings mean for the compliance profession and where the profession may be heading down the road. I hope you enjoyed this five-part series summarizing the 2018 ECI Global Business Ethics Survey. The information can help you benchmark your compliance program, business ethics and corporate culture. I look forward to reporting on the 2019 GBES. For more information on ECI, check out their website by clicking here. To obtain a copy of all four of the 2018 GBES surveys, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast series I visit with Patricia Harned, Ph.D., the Chief Executive Officer (CEO) of Ethics and Compliance Initiative (ECI), about the firm’s 2018 Global Business and Ethics Survey (GBES). In this series we consider each of the four GBES reports released by ECI. These include The State of Ethics & Compliance in the Workplace, released in Q1 2018; Measuring the Impact of Ethics & Compliance Programs, released in Q2; Building Companies Where Values and Ethical Conduct Matter, released in Q3 and Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It, released in Q4. We discuss each report in a separate podcast and then in Part V, tie them all together. Today, in Part 1, we consider the state of ethics and compliance (E&C) in the workplace. Join us tomorrow when we discuss the survey Measuring the Impact of Ethics & Compliance Programs. For more information on ECI, check out their website by clicking here. To obtain a copy of all four of the 2018 GBES surveys, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Pat Harned, Chief Executive Officer (CEO) of Ethics and Compliance Initiative (ECI) and myself are discussing the firm’s 2018 Global Business and Ethics Survey (GBES). In this series we consider each of the four GBES reports released by ECI. These includeThe State of Ethics & Compliance in the Workplace, released in Q1 2018; Measuring the Impact of Ethics & Compliance Programs, released in Q2; Building Companies Where Values and Ethical Conduct Matter, released in Q3 and Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It, released in Q4. We discuss each report in a separate podcast and then in Part V, tie them all together. Today, in Part 3, we consider the surveyBuilding Companies Where Values and Ethical Conduct Matter. Join us tomorrow when we discuss the survey Interpersonal Misconduct in the Workplace: What It Is, Where It Occurs and What You Should Do About It. For more information on ECI, check out their website by clicking here. To obtain a copy of all four of the 2018 GBES surveys, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special bonus episode I visit with Mike Volkov on the Cognizant Technology Solutions Corp FCPA enforcement action, declination and C-Suite criminal indictments which were all announced on Friday of this past week. Highlights from the podcast include: What were the underlying facts of the case?How did the company obtain a Declination with Disgorgement in the face of C-Suite involvement?What prior FCPA enforcement actions could provide guidance for the resolution in this matter?What are the lessons to be learned by the CCO and compliance professional from this enforcement action?What are the lessons for Boards of Directors from the Cognizant enforcement actions? Mike Volkov is running a five-part blog post series on the Cognizant Technology Solutions Corp FCPA enforcement action this week on his award-winning blog siteCorruption, Crime and Compliance. You should check it out each day and you can begin by reading Part I, by clicking here. See also, Matt Kelly’s blog post $25 Million to End the Cognizant FCPA Caseon his Radical Compliance blog.  Additional Resources:SEC Cease and Desist OrderDOJ DeclinationDOJ Press ReleaseCoburn and Schwartz Indictment Learn more about your ad choices. Visit megaphone.fm/adchoices

A special guest joins the lads this week. Tom and Jay were panelists this week’s at Assent’s Supply Chain Conference as was our guest Pamela Fierst-Walsh who joins in for this special live edition of This Week in FCPA. The trio  share their observations around one of the areas of renewed compliance focus and are back to at some of this week’s top compliance and ethics stories which caught their collective eyes. 1.    KPMG executives go to trial in alleged theft of PCAOB audit protocols. 2.    Hawiian businessman pleads guilty to FCPA violations. 3.    Do you know who is in your supply chain? Matt Kelly on the Anheuser-Busch commercial featuring Bon & Viv. Matt and Tom consider more deeply in this week’s episode of Compliance into the Weeds.4.    Why is the ‘ethics’ portion of a compliance and ethics program more important than ever? 5.    Avoiding female colleagues is not the answer to #MeToo. It’s discrimination. 6.    Why is health care in China still a minefield for compliance? 7.    What are some great digital markets strategies for compliance? 8.    How does organizational culture impact compliance? 9.    Have you been microchipped?   10. Tom has a 5-part podcast series celebrating the 15th anniversary of the founding of Affiliated Monitors. 11. Tom and Louis Sapirman are joined by Sean Freidlin for a Hanzo sponsored webinar on February 28 on the intersection of a corporate compliance program and corporate communications and marketing. Learn about knocking down silos and using social media in your compliance program.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 15, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Disgraced former Goldman Sachs MD Roger Ng to waive extradition and come to US to stand trial? (New York Times)·      Petrofac faces massive shareholder suit over allegations of bribery. (OCCRP)·      IMF says world corruption costs $2 trillion in the international economy. (Al Arabiya)·      Do bad apples cause corruption? (FCPA Blog) Learn more about your ad choices. Visit megaphone.fm/adchoices

We are back with our fan favorite Oscar movie month. During the month of February each year, we look at Oscar-winning Best Pictures and consider the leadership lessons we glean from our viewing. This month we look at three: No Country for Old Men, The Sting and The Last Emperor. In this episode of 12 O’Clock High, a podcast on business leadership, Richard Lummis and I take at the 2007 Best Picture winning film, No Country for Old Men. Some of the highlights were: ·     One of the key themes of the movie is the tension between  destiny and self-determination;·     What have been the changes in law enforcement in the former wild west?·     What does it mean to enforce laws on the former frontier?·     Crime has changed and become more sophisticated. The regulator and enforcers must also change; and·     What happens when a hero, or business leader grows old?  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 14, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Did KPMG game the audit oversight system? (Bloomberg)·      Is your dog microchipped? How about you? (Compliance and Enforcement Journal)·      How the NFL took down Bob Costas. (Sports Illustrated)·      South Africa set to replace PIC. (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 13, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Ole Miss Vacates 33 Wins After NCAA Violations. (Sports Illustrated)·      Hawaii businessman pleads guilty to FCPA offense. (FCPA Blog)·      How far will Batman fall? (Bloomberg)·      To Russia with Love. (Reuters) Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 12, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Ex-Malaysia PM trial delayed. (The Straits Times)·      Big Four accountants push back against breakup proposals. (City A.M.)·      Will stock buy-backs be outlawed? (MarketWatch)·      Bon & Viv=big headache for AB. (Radical Compliance) Learn more about your ad choices. Visit megaphone.fm/adchoices

Over this five-part podcast series, I have visited with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) as a retrospective of the company’s first 15 years of existence. AMI sponsored this podcast series. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 year. This podcast series is then a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. In this concluding Episode 5, I ask DiCianni to reflect on where AMI has been, where it may be going and what he is most proud of on the occasion of the 15th anniversary of the founding of AMI. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Over five podcasts, I will visit with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) as a retrospective of the company’s first 15 years. AMI sponsored this podcast series. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 year. This podcast series is then a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. In this Episode 2, I visit with DiCianni on the early days of AMI. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Over the next five podcasts, I will visit with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) as a retrospective of the company’s first 15 years. AMI sponsored this podcast series. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 year. This podcast series is then a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. In Episode 1, I visit with DiCianni on how he developed the idea which led to the founding AMI. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 11, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Why it’s important that PdVSA money go into a trust? (Wall Street Journal)·      The Scorpions reappear in South Africa-this time to fight corruption. (The South African)·      Corruption costs Europe €120 per year. (BBC)·      Turkish Subsidiary Hid Iranian Activity from U.S. Parent. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with three lawyers from Miller & Chevalier: Maryna Kavaleuskaya, Michael Skopets, and Ann Sultan on the firm’s Inaugural Europe-Caucasus-Asia Corruption Survey. The report provides some unique insights into regional corruption risks and mitigation strategies.  Highlights from the podcast include: 1.    Background on the survey.2.    In measuring corruption levels in the ECA region, were the countries to be similar or were there particular outliers? 3.    What findings were the most surprising by or were the most interesting? 4.    The analysis about the levels of corruption in ten specific government services or functions, such as their legislatures, certain elements of the judicial system, customs, and local authorities. What were the common findings in these areas. 5.    What specific findings, on compliance risk mitigation strategies are important for companies working in the region and their compliance professionals?6.    Were there any country-specific findings that are particularly important?7.    What are the key takeaways from the survey? To see a copy of the Miller & Chevalier inaugural Europe-Caucasus-Asia Corruption Survey, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Over five podcasts, I visit with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) as a retrospective of the company’s first 15 years. AMI sponsored this podcast series. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 year. This podcast series is then a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. In this Episode 4, I visit with DiCianni on the marriage of independent monitors and compliance and ethics programs. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Over five podcasts, I visit with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) as a retrospective of the company’s first 15 years. AMI sponsored this podcast series. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 year. This podcast series is then a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. In this Episode 2, I visit with DiCianni on the early days of AMI. In this Episode 3, I visit with DiCianni on how the use of independent monitors has expanded. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Patriots won the Super Bowl (yet again). Even more significantly This Week in FCPA is now on Spotify. To celebrate, Tom and Jay are back to at some of this week’s top compliance and ethics stories which caught their collective eyes.  1.    Goldman Sachs considers clawbacks from former execs involved in the 1MDB scandal. 2.    What were last year’s trends in NPAs and DPAs.3.    Stupid CEO remarks=new activist investor on Board. 4.    An intriguing analysis of the Wells Fargo scandal. 5.    Bring out your dead.6.    It’s Friday afternoon. Where are your bankers? 7.    Why is tennis so susceptible to corruption? 8.    Is your organization’s culture toxic? How can you assess it? 9.    Did the Commerce Department violate federal law in a monitor selection? 10. Tom has a 5-part podcast series on moving from disconnected to connected compliance, sponsored by GAN Integrity.11. Tom and Jay are speaking at the Assent Compliance, Supply Chain Conference in San Diego, on February 13. If you are interested in supply chain, compliance or the FCPA, please come by and check it out. Registration and agenda are available here.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 8, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Former Petrofac Unit Executive Pleads Guilty to Bribery. (Wall Street Journal)·      More trouble for Danske bank. (Wall Street Journal)·      When is too much risk, too much? (Wall Street Journal)·      Do you know your CEOs password? (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong on the recent UK court of appeals decision in the Morrisons’ case. This decision stretched the limits of vicarious liability for a corporation to the absolute breaking point and has significant implications in the broader data privacy-data protection space. Jonathan and I go full lawyer-geek to discuss the legal theories, underlying facts and what it all may mean. Some of the issues and highlights are: The case is instructive for how to do (or perhaps not do) regular business under GDPR on data privacy. If a file is too large to email, it presents a higher data protection risk and must be so managed.Should you do risk assessments on individual employees around data privacy-data protection? How can vicarious liability exist for ultra vires conduct by an employee?How do you properly scope an investigation to ascertain an individual’s mindset?A company must require its vendors to exercise appropriate data protection and control. Will Morrisons apply to the UK Supreme Court for relief? For a more detailed reading, see the Cordery Client alert, here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 7, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Stupid CEO remarks=new activist investor on Board. The Papa John saga continues. (Wall Street Journal)·      Reporting money costs more money. (Wall Street Journal)·      First Circuit issues significant ruling protecting whistleblowers in FCA case. (LinkedIn)·      What is a conflict of interest? (MarketWatch) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recent imbroglio involving (at least as of now) current Governor of Virginia, Ralph Northam and the pictures involving Northam in blackface and KKK robes.    Some of the highlights include: Ø What is ethical leadership?Ø Why is Northam following the Trump playbook?Ø How and why employees take their cues around ethics from their leaders?Ø Why are employees looking to work for companies with a culture of accountability?Ø Why should the CCO have an ethical role in an organization? For additional reading see Matt’s blog post Northam and Ethical Accountabilityin Radical Compliance.  Share Your Compliance Expertise and Help Those in Need!We need your expertise on ethics & compliance programs! If you’re involved in managing employee policies & procedures, a hotline/incident management program, training initiatives or third party risk management, please share your thoughts on your program effectiveness, success measurements, and key activities and goals for this year by taking part in NAVEX Global’s 2019 Future of Compliance Report survey.Click here to complete the survey.For every complete, $10 (USD) will be donated on your behalf to the charity of your choosing from the following charities: UNICEF, Operation Smile, St. Jude Children’s Hospital, Humane Society, Wounded Warrior Project,Médecins Sans Frontières, or Rainbow Trust Children’s Charity. Also, as a thank you for your participation in this annual study, you’ll get access to this valuable benchmark data to create a more effective compliance program.You can also copy and paste the URL below into your internet browser: https://na1se.voxco.com/SE/?st=4P4BV59nKuYZVVwz2mHGZPBTRrG4NjahAP%2FlgrTzTYE%3D&urlimport=1&questlist=source&source=4 COMMITMENT TO ANONYMITY All responses are confidential and will be reported only in aggregate form. Individual data will NEVER be shared with any other party (privacy policy). Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 6, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Send in the clowns. The NCAA investigates Sean Miller and Arizona (Sports Illustrated)·      Will Australian report on bank malfeasance lead to criminal charges? (Financial Times)·      Playing the blame game. Big Pharma tries to shift blame for its price raises. (Wall Street Journal)·      Another tennis match-fixing scandal. (BBC) Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recent imbroglio involving (at least as of now) current Governor of Virginia, Ralph Northam and the pictures involving Northam in blackface and KKK robes.    Some of the highlights include: Ø What is ethical leadership?Ø Why is Northam following the Trump playbook?Ø How and why employees take their cues around ethics from their leaders?Ø Why are employees looking to work for companies with a culture of accountability?Ø Why should the CCO have an ethical role in an organization? For additional reading see Matt’s blog post Northam and Ethical Accountabilityin Radical Compliance.  Share Your Compliance Expertise and Help Those in Need!We need your expertise on ethics & compliance programs! If you’re involved in managing employee policies & procedures, a hotline/incident management program, training initiatives or third party risk management, please share your thoughts on your program effectiveness, success measurements, and key activities and goals for this year by taking part in NAVEX Global’s 2019 Future of Compliance Report survey.Click here to complete the survey.For every complete, $10 (USD) will be donated on your behalf to the charity of your choosing from the following charities: UNICEF, Operation Smile, St. Jude Children’s Hospital, Humane Society, Wounded Warrior Project,Médecins Sans Frontières, or Rainbow Trust Children’s Charity. Also, as a thank you for your participation in this annual study, you’ll get access to this valuable benchmark data to create a more effective compliance program.You can also copy and paste the URL below into your internet browser: https://na1se.voxco.com/SE/?st=4P4BV59nKuYZVVwz2mHGZPBTRrG4NjahAP%2FlgrTzTYE%3D&urlimport=1&questlist=source&source=4 COMMITMENT TO ANONYMITY All responses are confidential and will be reported only in aggregate form. Individual data will NEVER be shared with any other party (privacy policy). Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 5, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Now monitorships based upon political loyalty. (National Review)·      Bangladesh sues of bank heist. (Wall Street Journal) ·      Former SNC-Lavalin chief pleads guilty in bribery case. (FCPA Blog)·      Bring out your dead. (New York Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

FEBRUARY 4, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Goldman Sachs institutes a clawback provision for exec involved with 1 MDB (New York Times)·      What is bad press? McKinsey and the opioid crisis. (New York Times) ·      Biggest surprise when going to the CEO chair? Multiple stakeholders (he should have talked to the CCO) (Wall Street Journal)·       Rev rec is still a challenge. (MarketWatch) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with podcast favorite Morrison and Foerster partner James Koukios on the firm’s Top 10 International Anti-Corruption Developments for December 2018. We look at some of the key international developments.  Highlights from the podcast include: 1.    Serious Fraud Office prosecutions against employees from Alstom subsidiaries. How did the SFO fare in them?2.    SFO also announces new charges in Petrobras spin-off investigations. 3.    What is the impact of the OECD Report which found a lack of sanctions against bribe takers in foreign bribery cases?4.    French court fines Total for bribes paid in Iran.5.    In the domestic sphere, the Polycom FCPA enforcement action saw some of the implications from the US Supreme Court decision in the Kokesh decision. How did they play out? To see a copy of the Morrison and Foerster Top 10 International Anti-Corruption Developments for December 2018, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special five-part podcast series, hosted by Gan Integrity, we consider the evolution of compliance, from disconnected to connected. Over five episodes we will explore why compliance is disconnected and what can be done to connect it, how to build a connected compliance program, technology can help in this endeavor and finally what is the human side of compliance in the context of connected compliance. The series is a fascinating exploration of where compliance is in 2019 and where it is headed down the road. In this second episode, I visit Thomas Sehested, the founder and CEO at Gan Integrity to consider how he advocated that compliance should be connected under one roof, from his perspective as a serial entrepreneur in the tech sector. Join us tomorrow when explore how to construct a connected compliance program.  For more information on how connected compliance, visit our sponsor Gan Integrity Solutions, Inc. at www.ganintegrity.com.   Learn more about your ad choices. Visit megaphone.fm/adchoices