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FCPA Compliance Report

English, Finance, 2019 seasons, 1528 episodes, 1 day, 10 minutes
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The FCPA Compliance Report is the longest running podcast in the in compliance and business ethics. Join its award-winning host, Tom Fox, the Voice of Compliance as he visits with top compliance practitioners, key figures from business, the government and law firms in the top podcast dedicated to all things compliance.
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Unlocking Financial Gains Through Proactive Compliance: Insights with Nicholas Tollet

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company’s journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart’s FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment. Highlights in this Episode: The First Deferred Prosecution Agreement (DPA) The Second DPA and Lava Jato Investigation Compliance as a Competitive Advantage Detecting and Addressing Misconduct Remediation and Strengthening Compliance Financial Benefits of Compliance Comparing with Walmart FCPA Case Resources: Nicolas Tollet at Hughes Hubbard & Reed Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
10/21/202422 minutes, 33 seconds
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October 14, 2024-the Do GC’s Face Peril Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance related stories to start your day. Sit back, enjoy a cup of morning coffee and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership or general interest for the compliance professional. ·      TD Bank fined $3bn (WSJ) ·      Moog settles FCPA claim. (WSJ) ·      Deloitte fooled by fraudster in Texas (Houston Chronicle) ·      Is routine legal advice risky? It is if you advise paying a bribe. (Law360) For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Check out the full 3-book series, The Compliance Kids on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
10/14/20246 minutes, 42 seconds
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From Inputs to Outputs: Roxanne Petraeus and Susan Divers on Rethinking Compliance

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, in this episode, host Tom Fox is joined by Roxanne Petraeus and Susan Divers from Ethena to discuss innovative perspectives on compliance training, specifically focusing on the 2024 update to the Evaluation of Corporate Compliance Programs.  Roxanne, drawing from her military background, emphasizes the importance of practical and effective compliance training that resonates with employees rather than traditional 'check-the-box' methods. Susan highlights the shift towards emphasizing outputs over inputs, urging for compliance programs that are not just on paper but practiced and understood by all employees. The discussion delves into the new expectations from the DOJ regarding the use of AI and data analytics in compliance, positioning compliance officers as pivotal to maintaining organizational justice and fairness. They also explore strategies for persuading senior management to prioritize compliance through emphasizing organizational culture and reputation. The conversation concludes with the role of leadership in fostering a compliant culture and practical steps for reaching out to Ethena for further insights. Highlights in this Episode ·       Deep Dive into the 2024 Compliance Program Update ·       Roxanne's Journey and Ethena's Mission ·       Susan's Transition to Athena ·       Outputs Over Inputs: A New Compliance Focus ·       The Role of AI in Compliance ·       Leadership and Compliance Strategy   Resources Roxanne Petraeus on LinkedIn Susan Divers on LinkedIn Ethena Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
10/14/202434 minutes, 15 seconds
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Jag Lamba on Integrating AI with Existing Compliance Systems

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back Jag Lamba from Certa AI, the sponsor of this podcast to consider the integration of AI into your overall compliance framework.  Our discussion emphasizes the importance of using great software to effectively integrate AI into existing processes, systems, and teams. For successful implementation, the software should be both flexible and scalable to suit different organizational needs and volumes. Moreover, the incorporation of guardrails is crucial in areas like third-party compliance due to AI being a relatively new technology. These guardrails function as a framework to prevent excessive autonomy similar to the limitations set on a new coworker. It is fascinating look at the cutting edge use of AI in compliance. Highlights in this Episode ·       Integrating AI with Existing Systems ·       The Human in the Loop ·       Flexibility and Scalability in Software ·       Key Elements: Guardrails in AI   Resources Jag Lamba on LinkedIn Certa AI Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
10/7/202424 minutes, 55 seconds
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Vince Walden on Leveraging Data Analytics for Effective Compliance Monitoring

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Vince Walden, founder of KonaAI. Vince reports on the 2024 Update to the Evaluation of Corporate Compliance Programs. (Today’s episode is a cross-posting from Data Driven Compliance.) Walden, a distinguished expert in compliance data analytics, actively participates in industry forums such as the Society of Corporate Compliance and Ethics annual summit in Grapevine, Texas. He advocates for compliance professionals to have ample access to relevant data sources, enabling them to monitor and test policies, controls, and transactions effectively. Walden stresses the importance of AI developers being vigilant about potential biases and public harm, aligning with the Department of Justice’s stance on accountability. He advises compliance practitioners to collaborate with internal audit and finance teams to ensure they have the necessary transactional data for comprehensive risk assessments, highlighting successful, cost-effective implementations like those at Albemarle as models for gradual, data-driven compliance program adoption. Highlights in this Episode Data-Driven Compliance for Cost Savings Enhancing Compliance through Advanced Data Analysis Identifying High-Risk Areas for Data Analytics Proactive Risk Mitigation through Real-Time Monitoring ROI-driven Compliance Programs with Data Analytics   Resources: Vince Walden on LinkedIn KonaAI Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
9/30/202429 minutes, 56 seconds
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Jon May Critiques the DOJ Whistleblower Financial Incentive Program

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back the well known white collar defense practitioner and contrarian, Jon May as we take a deep dive into May’s concerns with the new DOJ Whistleblower Financial Incentive Program.   Jon May is a renowned legal expert known for assisting fellow attorneys in developing innovative solutions for complex cases. With extensive experience, May has authored papers critiquing the Department of Justice's Corporate Whistleblower Program, arguing that it is fatally flawed due to the DOJ's inherent hostility towards whistleblowers and lack of enforceable rights for them. He highlights significant practical issues within the program, such as the stringent requirement for complete cooperation and the misconception that whistleblowers are solely motivated by monetary rewards. By drawing attention to these critical flaws, May advocates for necessary reforms to make the program more effective and fairer. Highlights in this Episode ·       Flaws in DOJ's Whistleblower Reward System ·       Unfair Reward System for Whistleblowers ·       Financial Hurdles in SEC Whistleblower Program ·       Risk and challenges of DOJ whistleblower cooperation ·       Whistleblower rewards in corporate enforcement policies   Resources Jon May Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
9/23/202445 minutes, 53 seconds
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Kevin Carroll on The Trump Superseding Indictment

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Kevin Carroll to discuss the latest developments in the Trump Jan 6th case, including the Special Prosecutor’s Superseding Indictment. In this week’s episode, Tom Fox is joined by Kevin Carroll to discuss the latest developments in one of the Trump trials. Jack Smith’s Superseding Indictment in the January 6th case in Washington, D.C., is dissected. Carroll explains the concept of a superseding indictment and its implications for the charges and defendants involved. The conversation also covers the impact of the Supreme Court’s decision on official acts and how it intersects with Trump’s legal strategies. Carroll provides insights into the procedural aspects of the case, potential trial timelines, and the broader ramifications of the court’s rulings on other ongoing cases involving Trump. Highlights in this Episode: The Superior Indictment Supreme Court’s Impact on the Indictment Trump’s Conversations with Pence Trial Within a Trial Concept Impact on Other Trump Trials Election Proximity and Legal Actions Resources: Kevin Carroll on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
9/16/202415 minutes, 55 seconds
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Spotlight on Executive at Risk: Latest Updates on The DOJ, OFAC, FCPA, and AML

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Mill & Chevalier attorneys Executives at Risk team, including Lauren Briggerman, Katherine Pappas, Ian Herbert, and their newest colleague Laura Deegan. We dive into key compliance and enforcement topics such as the new DOJ whistleblower initiative, recent OFAC sanctions and export controls, key FCPA enforcement actions focusing on individual liability, and notable AML developments, particularly within the cryptocurrency sector. The discussion highlights the evolving landscape of corporate compliance and the increased need for robust internal reporting and proactive compliance measures. Highlights in this Episode: DOJ Whistleblower Initiative OFAC Sanctions and Export Controls FCPA Enforcement Actions and Developments AML Developments and Binance Case Resources: Miller & Chevalier Chartered Lauren Briggerman Katherine Pappas Ian Herbert Laura Deegan Executives at Risk, Summer 2024 Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
9/9/202436 minutes, 19 seconds
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Exploring DOJ's New Whistleblower Incentive Program with Mary Inman

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back Mary Inman, Partner at Whistleblower Partners LLC to discuss the new DOJ Whistleblower Incentive Program.  Tom and Mary discuss the DOJ's New Whistleblower Incentive Program's aim to fill gaps in existing reward programs and its focus areas, including financial institution violations, foreign and domestic corruption, and healthcare offenses. Mary highlights some criticisms of the program, such as lack of a reward floor and the cap on rewards, and the potential challenges and impacts on corporate compliance. They also talk about the interplay between whistleblowers, DOJ, and corporate investigations, and the potential for adaptation of the program based on stakeholder feedback. Highlights in this Episode ·       DOJ Whistleblower Incentive Program Overview ·       Four Focus Areas of the New Program ·       Challenges and Criticisms of the Program ·       Concerns About Reward Mechanisms ·       Race to DOJ: Whistleblowers vs. Corporations ·       Implications for Corporate Compliance   Resources Mary Inman on LinkedIn Whistleblower Partners Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
8/12/202433 minutes, 18 seconds
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The Boeing Plea Agreement - Culture is The Key

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. We take things in a different direction today as Tom Fox reposts the recent webinar with Sam Silverstein and Mike Volkov, where we took a deep dive into the Boeing Plea Agreement, the Monitorship, and why culture is the key to a Boeing turnaround. We explore the recent plea agreement filed by Boeing, the outrage among victims’ families over the proposed penalties, and the appointment of an independent compliance monitor. Key issues discussed include the necessity of a culture overhaul at Boeing, the implications of excluding court jurisdiction over the monitorship, and the role of the board in fostering a culture of compliance and safety. The discussion highlights the critical need to focus on values, accountability, and transparent processes to rebuild trust and ensure long-term organizational integrity. Highlights of this episode: Details of the Plea Agreement Compliance Monitor Appointment and Transparency The Importance of Culture The Role of Compliance Monitors Board Involvement and Accountability Victims’ Families and Organizational Accountability Resources: Sam Silverstein Mike Volkov The Culture Audit Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
8/5/202458 minutes, 51 seconds
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Bob Tarun and Peter Tomczak on The FCPA Handbook, Part 2

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox conclude this two-part episode with Bob Tarun and Peter Tomczak from Baker & McKenzie who discuss the latest edition of their book the Foreign Corrupt Practices Act Resource Handbook. This episode provides an in-depth exploration of Delaware law’s Caremark duties and their evolution, particularly in anti-corruption compliance. The discussion highlights the challenges boards face in implementing and overseeing compliance programs. Additionally, it delves into the intricacies of defending FCPA investigations, with insights into recent high-profile cases such as those involving Walmart, Glencore, and Goldman Sachs. The conversation also covers the international trends in anti-bribery and corruption enforcement, particularly focusing on regions like China, Southeast Asia, and the Middle East. Key compliance strategies and the importance of cross-border data privacy considerations in investigations are discussed, along with a critical look at the DOJ’s sophistication in evaluating corporate compliance programs. Highlights in this Episode: Introduction to Caremark and Delaware Law Key Strategies for FCPA Investigations Challenges in FCPA Trials and Compliance International Anti-Corruption Trends Future of FCPA Enforcement  Resources: Foreign Corrupt Practices Act Handbook Bob Tarun Email: [email protected] Phone: 312-714-0225 Peter Tomczak LinkedIn Baker & McKenzie Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
7/29/202424 minutes, 59 seconds
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Bob Tarun and Peter Tomczak on The FCPA Handbook, Part 1

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes Bob Tarun and Peter Tomczak from Baker & McKenzie in Part 1 of a two-part podcast series to discuss the latest edition of their book, The Foreign Corrupt Practices Act Handbook. The conversation covers their professional backgrounds, motivations for updating the book, and significant changes in FCPA enforcement and compliance practices. Bob and Peter provide detailed insights into their writing process and some of the key defenses for FCPA investigations. Key trends in international anti-bribery and corruption enforcement, the evolving role of corporate compliance programs, and strategies for dealing with DOJ expectations are also addressed. The episode concludes with discussions on future prognostications for FCPA enforcement and how listeners can connect with the authors. Highlights in this Episode Meet the Authors: Bob Tarun and Peter Tomczak Updating the FCPA Handbook: New Challenges and Insights Key Chapters and Practical Advice in the FCPA Handbook DOJ Policies and Corporate Compliance For the Board: The Pitch Count Policy Caremark Duties Defending FCPA Investigations: Strategies and Trials International Anti-Bribery and Corruption Trends   Resources: Foreign Corrupt Practices Act Handbook Bob Tarun Email: [email protected] Phone: 312-714-0225 Peter Tomczak LinkedIn Baker & McKenzie Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
7/22/202427 minutes, 15 seconds
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Erica Salmon Byrne on Closing The Speak Up Gap

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Erica Salmon Byrne to discuss the recently released Ethisphere 2024 Ethical Culture Report: Closing the Speak Up Gap. They explore the genesis and findings of the report, focusing on the eight pillars of ethical culture and significant insights derived from data collected since 2020. Key topics include the importance of equipping managers to handle employee concerns, generational and tenure-based discrepancies in reporting misconduct, and the persistent issues of retaliation and employee dissatisfaction with the current reporting mechanisms. Additionally, Erica shares practical strategies for compliance teams to address these challenges and enhance their ethical culture. Highlights in this Episode Genesis of the 2024 Ethical Culture Report The Eight Pillars of Ethical Culture Key Insights: Closing the Speak Up Gap The Role of Managers in Compliance The Tenure Smile: Willingness to Speak Up Strategies for Improving Reporting Ethisphere’s Future Plans and Masterclass   Resources: Erica Salmon Bryne on LinkedIn 2024 Ethical Culture Report: Closing the Speak Up Gap Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
7/15/202425 minutes, 39 seconds
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Jonathan Armstrong on Sweeping Changes in The UK Government: Insights on Compliance

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcome Jonathan Armstrong to discuss the seismic shift in the UK’s political landscape following the election last week. The election was literally one for the ages. It led to a significant Labor victory over the Conservatives. They delve into the implications for compliance and governance in both the UK and globally. Topics include the new government’s proactive approach, anticipated shifts in bribery enforcement, and fiscal policies. They also explore potential changes in AI regulation, employment law, data protection, and international relations, especially concerning Russia and China. The conversation highlights Labor’s balanced strategy, aiming for sensible, centrist policies while addressing key issues like corruption, AI, and data privacy. Highlights in this Episode: An election result for the ages Impact on Bribery and Corruption Enforcement Trade Sanctions, Russian Oligarch’s and Forced Labor AI and Beyond Data Privacy and Data Protection Labor and Employment Rights  Resources: Jonathan Armstrong on LinkedIn UK General Election 2024 – What Might This Mean for Compliance? Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
7/8/202436 minutes, 59 seconds
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Adrienne Bellehumeur on Design - Centric Approaches to Internal Controls

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Adrienne Bellehumeur, a chartered accountant and expert in internal controls and documentation. Adrienne discusses her recent article on design-centric internal control and emphasizes the importance of focusing on design as the foundation for effective control programs. She outlines five key principles for improving control design and details her approach to challenging processes and governance systems. The conversation also touches on the necessity of continuously updating controls to adapt to evolving business and regulatory environments. Adrienne shares tips on fostering better design through workshops, effective interviewing, and continuous improvement, while also addressing new developments such as AI and ESG. The episode finishes with insights into how internal controls can support whistleblower programs and the importance of back-to-basics documentation and information management. Highlights in this Episode: Professional Background Design-Centric Approach to Internal Controls Challenges and Importance of Good Design Principles for Improving Control Design Back to Basics: Adapting to New Business Developments Whistleblower Programs and Internal Controls  Resources: Adrienne Bellehumeur on LinkedIn Risk Oversight New Approaches to Control Design Tom Fox Instagram Facebook YouTube Learn more about your ad choices. Visit megaphone.fm/adchoices
6/24/202431 minutes, 52 seconds
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Brad Hibbert on Prevalent’s 2024 Third Party Risk Management Report

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report,  I have a take a deep dive into the Prevalent 2024 Third Party Risk Management Report with Brad Hibbert, the Chief Strategy Officer and COO at Prevalent. Hibbert drives Prevalent’s product vision and strategy development, which draws from the Third Party Risk Management Report. The Prevalent Report outlines  the complexities of managing third-party vendor relationships, highlighting the various phases involved such as onboarding, contracting, and offboarding. It examines the inefficiencies and risks that arise from fragmented processes and technologies handled by different teams. Our conversation explores how these challenges impact risk visibility and resource management, emphasizing the downstream effects on program scalability and decision-making. Highlights in this Episode ·       Introduction to Vendor Relationship Phases ·       Challenges in Managing Vendor Relationships ·       Inefficiencies and Risks in Vendor Management ·       Impact on Risk Visibility and Decision Making ·       Pressure on Teams and Resource Implications Resources  Brad Hibbert on LinkedIn Prevalent Prevalent’s 2024 Third Party Risk Management Report  Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
6/17/202425 minutes, 34 seconds
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Evie Wentink on Making Compliance Training Practical

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox has a fascinating visit with Iveta (Evie) Wentink, a 15-year compliance veteran. Evie has worked in the public and private sectors and has expertise in compliance training, hotlines, government contract compliance, data privacy, reporting, & due diligence. Evie has one of the most unique opening lines for hotline training, which is ‘Do You Know Your Hotline Number?” This simple yet incredibly important question encapsulates Evie’s approach to compliance training: make it simple, direct, and practical for the listeners. (Or, as Carsten Tams would say, ‘It’s all about the UX’). Our conversation focuses on the critical role of hotline numbers in corporate compliance programs, emphasizing the need for employees to know and trust the hotline. Evie shares insights from her career, highlights the significance of marketing compliance hotlines effectively, and discusses the broader culture of compliance and non-retaliation in organizations. She shares practical tips for improving hotline awareness and usage, making this episode a valuable resource for compliance professionals and organizations alike. Highlights in this Episode: Enhancing Trust through Active Compliance Reporting Promoting Reporting Culture Through Creative Marketing Ethical Culture: Encouraging Compliance Reporting Safely Enhancing Compliance Programs Through Anonymous Hotlines Resources Evie Wentink on LinkedIn Evie’s Top 10 Compliance Back to Basics Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
6/10/202423 minutes, 28 seconds
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Andy Spalding on Transforming Global Sports

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report,  I welcome Professor Andy Spalding, an expert in anti-corruption law, to discuss his extensive work with the Paris Olympic Committee in preparation for the 2024 Olympic Games.  Spalding shares insights about his involvement with the French Anti-Corruption Agency (AFA) and elaborates on how anti-corruption and human rights reforms are being integrated into the Olympic preparations. The discussion also delves into the historical significance of these reforms and their potential to leave a lasting positive impact. Furthermore, Fox and Spalding explore the groundbreaking work done by Qatar during the FIFA World Cup and its implications for future mega sporting events. The episode concludes with thoughts on how the accumulated knowledge and best practices from different countries could shape the future of global sporting events, emphasizing the importance of collaboration among stakeholders. Highlights in this Episode ·       Involvement with Paris 2024 Olympics ·       Role and Impact of French Anti-Corruption Agency (AFA) ·       Innovative Compliance Measures for Paris Olympics ·       Comparison with Qatar's World Cup Reforms ·       Future of Anti-Corruption in Mega Sporting Events Resources  Andy Spalding at University of Richmond – School of Law CCI Webinar on A New Era in Megasports Anti-Corruption Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
6/3/202423 minutes, 52 seconds
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Kenyen Brown on Preventing DOJ Intervention Through High Policing Standards

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, welcome back fan favorite Kenyen Brown, now at his new firm, Thompson Coburn LLP. Kenyen Brown joins Tom Fox to discuss his experience reviewing the Mobile AL Police Department use of force on behalf of his client, the City of Mobile. Kenyen Brown is a renowned legal expert with a wealth of experience in investigations and legal work concerning constitutional standards in the use of force. His perspective on this topic is heavily influenced by his extensive background in various roles, such as US Attorney and counsel for Senate and House ethics committees, which has allowed him to deeply understand the intricacies of law enforcement and constitutional standards. Brown firmly believes that police departments ought to adopt proactive measures, including independent third-party oversight, to align their practices with constitutional standards, particularly in the utilization of force. His experiences, notably his review of the Mobile Police Department’s use of force incidents, have led him to advocate for proactive, independent oversight to improve community relations and prevent deadly force incidents. He underscores the necessity of reevaluating and enhancing general orders, principles, and training to ensure law enforcement officers’ compliance with constitutional standards, thereby reducing the likelihood of deadly force incidents and potential civil rights violations.  Highlights in this Episode: Preventing DOJ Intervention Through High Policing Standards Community-Led Oversight: Enhancing Police Department Practices Constitutional Standards for Use of Force Public Involvement in Police Accountability and Transparency Controversial Police Practice: No-Knock Raids Resources : Kenyen Brown on LinkedIn Thompson Coburn LLP Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
5/20/202432 minutes, 29 seconds
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Mary Inman on The DOJ Whistleblower Incentive Initiative

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, we welcome back fan favorite Mary Inman, now at her new firm, Whistleblower Partners LLP, a firm dedicated to assisting whistleblowers navigate various reward programs. Mary joins Tom Fox to discuss what we know so far about the DOJ Whistleblower Incentive Initiative. Mary has a positive perspective on the Department of Justice’s (DOJ) White Collar Whistleblower Program. She acknowledges the gaps in existing whistleblower reward programs across multiple agencies and sees the DOJ program as a crucial opportunity to fill these lacunae. Inman’s expertise, particularly in the SEC program, allows her to identify specific gaps, such as the lack of financial protections for whistleblowers reporting Foreign Corrupt Practices Act violations involving companies not publicly listed on US exchanges. From her perspective, the DOJ program will address serious financial crimes, including domestic corruption. Inman also anticipates that the DOJ will establish its own office of the whistleblower, mirroring similar initiatives in other agencies, hence providing both confidential and anonymous reporting avenues. Topics Covered in This Episode: Specialized Law Firm for Whistleblower Reward Programs Financial Crime Reporting Enhancement Initiative Establishing a Central Office for Whistleblowers Championing Transparency: Grassley’s Whistleblower Advocacy Wellness Fund Support for Whistleblowers Resources: Mary Inman on LinkedIn Whistleblower Partners LLP Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
5/6/202430 minutes, 57 seconds
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How Boeing Can Make a Cultural Comeback

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, welcome Sam Silverstein. They take a deep dive into how Boeing can begin to overhaul and reform their toxic culture, which led to the 2024 compliance and ethics failures. They discuss the power of the Culture Audit™, which is the sponsor of this podcast. Sam Silverstein is a seasoned professional with over three decades of experience in corporate culture. Silverstein believes that a strong leadership role is crucial in driving culture change within an organization. His philosophy is that action follows belief, stressing that leaders must genuinely prioritize creating a culture of quality, compliance, and safety for it to truly thrive. Silverstein maintains that the CEO’s primary role is to protect the organization’s culture, while the COO should ensure operations align with the board and CEO’s strategic plan. His experiences, particularly his insights drawn from Boeing’s situations, have shaped his belief that prioritizing culture over short-term profits, along with a culture audit and specific implementation plan, can help address systemic issues and foster a high-performance workplace culture.  Topics Covered in This Episode: Transition from Safety to Profit Culture at Boeing Measuring Organizational Culture through Employee Engagement Creating Accountable Leaders for Organizational Culture Transformation Cultivating Sustainable High-Performance Organizational Culture Cultivating Employee Trust Through Genuine Leadership Efforts Rewarding Ethical Behavior for Organizational Integrity Data-Driven Organizational Culture Enhancement Process Recognition and Amplification through Personalized Engagement Resources: Sam Silverstein Sam Silverstein on LinkedIn Sam Silverstein The Culture Audit™ Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
4/29/202454 minutes, 11 seconds
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Ron Karr on Influence, Trust and Persuasion

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, Tom welcomes Ron Karr, long time thought leader in the art of leadership, persuasion and influence. They take a deep dive into the science of influence and persuasion and help the compliance professional understand how they can use this science to move the compliance ball forward in an organization. Ron Karr is a speaker, and author with over three decades of experience in the sales and consulting industry. His career saw its inception in retail, later transitioning to the computer industry, and eventually culminating in the establishment of his own consulting business. Karr’s perspective on the “Velocity Mindset”, as detailed in his book, revolves around the concept of speed with direction, where goals and aspirations are the key drivers of actions. His belief that self-imposed limitations can hinder our progress is deeply rooted in his experiences, leading him to emphasize the importance of self-evaluation, proactive approach adjustments, and reshaping our narratives to facilitate our goals. Karr underscores the value of networking and learning from others, seeing it as a vehicle to expedite success and achieve professional velocity. Topics Covered in this Episode Purposeful Reflection for Effective Decision-Making Neurochemical Impact on Influencing Others Successfully Propelling Success through Adaptive Strategies Empowering Personal Growth Through Story Rewriting Enhancing Professional Success Through Peer Engagement The Velocity Mindset: Achieving Success Through Networking Resources: Ron Karr on LinkedIn Company Blog The Velocity Mindset Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
4/22/202435 minutes, 15 seconds
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DOJ on AI and Data/Intellectual Property Protection

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, Tom welcomes Jessica Nall, a partner at Baker McKenzie who leads the firm’s West Coast investigations and compliance practice and Maria Piontkovska, a Senior Associate in the same practice group. We take a deep dive into their article about the recent series of speeches by Department of Justice representatives at the ABA White Collar Conference in the areas of the new DOJ whistleblower program, AI, and the areas of data protection and intellectual property protection. Jessica Nall and Maria Piontkovska are prominent legal professionals specializing in white-collar defense and corporate investigations. Nall, a seasoned attorney with over 20 years of experience, leads Baker McKenzie’s white-collar practice in California. Maria is alongside Piontkovska, a skilled attorney originally from Ukraine. Both regard the ABA White Collar Conference as an essential platform for the defense bar, government investigators, and compliance leaders to gather for discussions and networking. Nall sees the conference as vital for disseminating new compliance expectations and enforcement trends announced by government officials, while Piontkovska highlights the importance of the direct line of communication with these officials, providing insights straight from the source. Their perspectives on the conference are shaped by their extensive experiences in the field and drive their contributions to the discussions and policies related to white-collar defense and compliance. Topics Covered in This Episode: Key Figures Discussing Trends in Compliance Corporate Transparency Incentive Initiative Financial Incentives for Anti-Corruption Self-Disclosure Navigating Risks: AI in Corporate Compliance Data Mapping for International Data Security Resources: Jessica Nall on LinkedIn Maria Piontkovska on LinkedIn Compliance Steps After ABA White Collar Crime Conference United States: Department of Justice announces new corporate compliance directives for AI along with increased penalties for AI-related misconduct Baker McKenzie Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
4/15/202432 minutes
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Ethics Madness 2024 Returns

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, Tom welcomes back Jason Meyer, founder of LeadGood LLC. In this episode, Jason Meyer and Tom Fox continue the annual tradition begun by Jason of Ethics Madness, a show where we look at the intersection of sports and ethics during March Madness.   Topics Covered in this Episode ·      College Athletes' Earning Opportunities in NCAA ·      Adapting to Evolving Sports Rules for Success ·      Temple Basketball: Impact of Sports Betting ·      Balancing Player Safety and Sporting Entertainment Ethics ·      Ethical Compliance Protocols in Sports Organizations ·      Embracing Neurodiversity: Athletes' Personal Stories ·      Sports Ethics: Second Chances and Compliance Resources Jason Meyer on LinkedIn LeadGood LLC Anthem for this Podcast Winning by Santana Compliance Anthem of the Week Playlist on Spotify Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
4/1/202456 minutes, 17 seconds
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Mary Inman on DOJ Whistleblower Bounty Program

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Mary Inman, partner at the newly formed Whistleblower Partners LLP. They talk about the new Department of Justice (DOJ) initiative to pay a bounty to whistleblowers. Mary Inman is a well-recognized authority in the realm of whistleblowing programs. In this episode, she focuses on DOJ whistleblower program. Her perspective on the program is cautiously optimistic, acknowledging the potential gains in encouraging whistleblowers to disclose information about financial crimes and corruption. However, she has expressed concerns about certain aspects of the program’s design, such as excluding culpable whistleblowers and limiting the type of information that can be provided. These viewpoints stem from her extensive experience and deep understanding of the complexities involved in implementing effective whistleblower programs. Drawing from her expertise, Inman also emphasizes the need for confidentiality and anonymity for whistleblowers, similar to the SEC program, suggesting that while the DOJ program is a positive step, careful consideration and potential revisions are required to ensure its effectiveness and fairness. Key Highlights: Financial Crime Whistleblower Reward Initiative Promoting Transparency Through Compliance Officer Resignations Whistleblower Protection for Mental Well-being Resources: Mary Inman on LinkedIn Whistleblower Partner LLP Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
3/25/202417 minutes, 14 seconds
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Jonathan Wilson on the NSBU Decision

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Jonathan Wilson, one of the country’s top experts on the Corporate Transparency Act. We dissect the court decision in the case of the National Small Business Union, which invalidated the CTA and what it might mean for the law going forward. Jonathan Wilson is a well-respected figure in corporate transparency and has established an impressive body of work around the Corporate Transparency Act. He is the founder of FinCEN Report, a company that helps businesses and others comply with the CTA. Wilson’s perspective on the Act hinges on his understanding of its legal implications and practical considerations, warning companies that, despite a recent district court decision, they are still required to meet filing obligations. We take a deep dive into the court opinion, how it applied (or misapplied) US law and explain the need for continued compliance with the law. Even with this court decision, Wilson’s advice is clear, companies must continue with compliance efforts and fulfill their reporting requirements, as delays will not alter the facts or obligations of the Act. The invalidation of the CTA is only applicable to the named plaintiff in the Northern District of Alabama so all others must continue to comply with the law. Key Highlights: CTA Overturned—Is Interstate Commerce Affected? What is the US National Security Interest? Beneficial Owner Disclosure in Money Laundering Senate Ratification of International Treaties Navigating Legal Compliance in Competitive Business Environment Resources: Jonathan Wilson on LinkedIn FinCEN Report National Small Business Union decision Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
3/18/202421 minutes, 32 seconds
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Mike Lindsey on the CTA and NSBU Decision

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Mike Lindsey to discuss the Corporate Transparency Act. In a first for the FCPA Compliance Report, after the episode was recorded but before it was posted, the CTA was declared unconstitutional by a Trump appointed US District Judge. We recorded an addendum to consider this court decision invalidating the law.    Mike Lindsey, a distinguished corporate and transactional lawyer based at Steinbrecher & Span, has built a solid reputation as an authority on the CTA. Lindsey's insights into the CTA are influenced by his emphasis on privacy and data security, highlighting the risks correlated with a centralized database potentially accessible via the dark web. From his perspective, the CTA serves as a critical federal law designed to increase transparency around beneficial ownership of corporations to inhibit illegal activities such as money laundering, tax evasion, and fraud. However, Lindsey also questions its effectiveness in disclosing ownership by entities like the Iran Revolutionary Guard. Despite this, he sees the CTA as a ground-breaking move for privately-held companies, requiring them to report beneficial owners, something uncommon among small businesses in the United States. Ultimately, Lindsey views the CTA as an essential measure towards impeding financial crimes and enhancing accountability in corporate structures. We also discuss the trial court decision in the case of National Small Business Union which invalidated the CTA and what it might mean for the law going forward.  Key Highlights ·      Beneficial Ownership Disclosure Law ·      Key Players in Corporate Decision-Making ·      CTA Compliance Impact on Small Businesses ·      Federal Database Security Concerns ·      Illicit Financial Activities and National Security Measures ·      National Small Business Union decision Resources Mike Lindsey on LinkedIn Steinbrecher & Span National Small Business Union Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
3/11/202432 minutes, 35 seconds
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Erica Salmon Byrne on 2024 World’s Most Ethical Company Awards

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special Thursday edition of the FCPA Compliance Report, Tom welcomes back Erica Salmon Byrne, Chief Strategy Officer and Executive Chair, at Ethisphere to discuss announcement of the 2024 World’s Most Ethical designations and the new Ethics Premium.   Erica Salmon Byrne is a renowned figure in the realm of ethical business practices, recognized for her significant role in the annual announcement and recognition of the world's most ethical companies list. Byrne views this list as a crucial acknowledgment of companies globally that are making a positive impact, with representation across 20 countries and 44 industries. Her experiences in leading changes to the program's methodology, such as the introduction of a third-party management category and a heightened focus on governance and culture, have shaped her perspective on the continuous evolution and improvement of the evaluation process. She sees the list as a valuable tool for companies to demonstrate their commitment to ethics and compliance, and as a source of inspiration for others in the compliance community to strive for ethical excellence.  Key Highlights ·      Global Recognition for Ethical Business Practices ·      Enhanced Scoring System Emphasizing Governance and Culture ·      Global Representation of Ethical Industry Leaders ·      Ethics Quotient Evaluation for Recognized Companies Resources Erica Salmon Byrne on LinkedIn Ethisphere World’s Most Ethical Companies for 2024 Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
3/7/202421 minutes, 48 seconds
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Seth Whitelaw on Navigating Life Sciences Compliance

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Seth Whitelaw who has worked in life sciences compliance for over 30 years.   Seth Whitelaw is a seasoned lawyer and compliance officer with a specialization in drug law, particularly within the life sciences industry. He has a unique perspective on regulatory guidance updates in healthcare compliance, shaped by his experiences in developing compliance programs and teaching law. Whitelaw believes that despite technological advancements in healthcare compliance, the role of compliance officers remains crucial. He views them as a necessary check and balance within companies, akin to the role of government in society. Whitelaw emphasizes the importance of addressing industry criticisms and regulatory updates to prevent distractions and ensure companies can focus on their primary objectives. He is a strong advocate for compliance officers, recognizing their vital role in helping companies bring safe and effective products to market, thereby adding value to the companies they serve.  Key Highlights ·      Tailored Compliance Consulting for Mid-Sized Companies ·      Evolutionary Alignment for Effective Compliance Programs ·      Data-Driven Healthcare Compliance Updates and AI Integration ·      Enhancing Life Science Compliance with AI Resources Seth Whitelaw on LinkedIn Whitelaw Compliance Group Tom Fox Instagram Facebook YouTube Twitter LinkedIn  For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
3/4/202424 minutes, 36 seconds
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Tom Fox and Mike Volkov Look at Incentives for Self-Disclosure

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes back Mike 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
2/26/202442 minutes, 14 seconds
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Nick Gallo on The Ethics and Compliance Optimization System

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
2/19/202416 minutes, 52 seconds
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Navigating DOJ Investigations: Insights from Joshua Drew

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
2/12/202434 minutes, 41 seconds
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Dr. Karen Jacobson on Bridging Cultural Divides for International Success

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
2/5/202430 minutes, 34 seconds
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Karen Woody on Officers Duty of Oversight

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
1/29/202413 minutes, 5 seconds
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Jay Rosen on SAP’s Road to FCPA Compliance

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
1/22/202413 minutes, 15 seconds
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Frank Orlowski on Navigating Challenges in Operating in Emerging Markets

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 extensive knowledge, particularly in South America, Middle East Asia, and Eastern Europe, where he faced difficulties in compliance, controls, and adhering to US accounting regulations, has shaped his perspective on managing emerging markets. 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 Highlights: 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
1/8/202431 minutes, 17 seconds
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John Gebauer and John Van Der Wal on Implementing Comprehensive Strategies for Regulatory Rule Compliance

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
1/2/202436 minutes, 25 seconds
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Carrie Penman with Insights from The SEC's Office of The Whistleblower Annual Report

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
12/26/202322 minutes, 6 seconds
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Sam Tate on The UK Economic Crime and Corporate Transparency Act

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
12/18/202325 minutes, 34 seconds
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FCPA Compliance Report- Ryan Lougheed on Teamwork and Communication: Lessons from Esports and GRC

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Ryan Lougheed. Ryan Lougheed has over twelve years of experience in the Governance, Risk, and Compliance (GRC) field, currently serving as the director of 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
12/11/202327 minutes, 36 seconds
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The Culture Audit™ for Culture Assessments

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
12/4/202329 minutes, 18 seconds
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Alex Cotoia and Daniela Meléndez Communications Compliance

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
11/27/202320 minutes, 18 seconds
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Compliance Lessons from Venice - Into The Lion's Mouth

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
11/22/202310 minutes, 22 seconds
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Compliance Lessons from Venice - Arsenale and Corporate Culture

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
11/21/202311 minutes
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Compliance Lessons from Venice - Doing Compliance The Old Fashioned Way

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
11/20/20239 minutes, 15 seconds
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Billy Jacobson on Building a Boutique Law Firm

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 Jacobsen 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 Jacobsen on LinkedIn Jacobson Lopez Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
11/13/202316 minutes, 31 seconds
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Susan Divers – 2023 LRN Global Standards Edition

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
11/6/202325 minutes, 24 seconds
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Marco Goldberg - Creating Trust with Comprehensive Solutions

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
10/30/202331 minutes, 21 seconds
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Marco Goldberg - Creating Trust with Comprehensive Solutions

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 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
10/30/202333 minutes, 47 seconds
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Chip Jones on Record Keeping Requirements for Messaging Compliance

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
10/23/202322 minutes, 37 seconds
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Albemarle FCPA Enforcement Action-Holdbacks

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 controls failures and other areas identified in the SEC enforcement action.   In this episode of the FCPA Compliance Report podcast, we delve into the critical topic of clawbacks and consequence management in compliance programs, particularly in relation to the Foreign Corrupt Practices Act (FCPA). Our host, Tom Fox, brings a unique perspective to the table, 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. Fox's insights are shaped by his extensive experience in the field, 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 episode of the FCPA Compliance Report podcast.  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 Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
10/18/202313 minutes, 49 seconds
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Albemarle FCPA Enforcement Action – Internal Controls

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
10/17/202315 minutes, 1 second
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Albemarle FCPA Enforcement Action – Overview

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
10/16/202314 minutes, 30 seconds
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Jim Walton on LRN’s 2023 Code of Conduct Report

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
10/2/202324 minutes, 12 seconds
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Adam Pollock- Mission Driven Law: Serving the Greater Public Good

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
9/25/202334 minutes, 9 seconds
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Carlos Munoz on Implementing Effective Compliance Programs in Latin America

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcome Carlos Munoz, Chief Compliance Officer at CMPC in Chile. We discuss operationalizing compliance at CMPC and in Latin America.   Carlos Munoz is a seasoned Chilean attorney with decided 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 Munoz 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 Munoz on LinkedIn The FinCEN Report Company Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
9/18/202330 minutes, 40 seconds
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Dottie Schindlinger on Corporate Governance and the Diligent Institute

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
9/11/202324 minutes, 26 seconds
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Jason Patel on Leveraging and Protecting Data

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
8/28/202324 minutes, 16 seconds
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Jonathan Wilson on Simplifying Corporate Transparency

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcome Jonathan Wilson, lawyer and co-founder of the FinCEN Report Company which will simplify the process of filing beneficial ownership reports under the Corporate Transparency Act.  The Corporate Transparency Act, 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 Finsen Report Company offers an online filing engine for secure and easy report submission. 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 need to 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 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
8/21/202325 minutes, 13 seconds
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Mike DeBernardis on the Cognizant Investigation Ruling

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
8/14/202323 minutes, 44 seconds
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Fighting Forced Labor with Supplier Due Diligence

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
8/7/202332 minutes, 47 seconds
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Fighting Forced Labor with Credit Risk

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom welcomes Ragini Bahalla, head of content and PR for Creditsafe, focusing on the North America 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 on compliance with of 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 towards 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, demonstrating 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 Bahalla on LinkedIn Steve Carpenter on LinkedIn Creditsafe Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
8/7/202332 minutes, 58 seconds
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Peter Grossman and Duane Stumpf on Crafting Impactful Compliance Campaigns

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
7/31/202334 minutes, 58 seconds
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Gordon Firemark - Defending Creative Rights: Protecting Podcasts from AI & GPT

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
7/24/202320 minutes, 48 seconds
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Maria D’Avanzo on the Intersection of AI, ChatGPT and Compliance

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
7/19/202322 minutes, 55 seconds
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FCPA Compliance Report: Miranda Zolot - Remote Work Revolution, the Distributed Workforce

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
7/17/202330 minutes, 48 seconds
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Jen Hoar-Uncovering Executive Risk: Corporate Intelligence

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
7/10/202329 minutes, 25 seconds
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Maria D’Avanzo on Investigations

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
6/28/202328 minutes, 4 seconds
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Measuring Ethical Culture & Compliance Training Impact

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
6/26/202328 minutes, 25 seconds
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Scott Solomon on Managing Cash Risk Through Compliance

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
6/12/202323 minutes, 29 seconds
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GWIC Ladies Reflect

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
6/5/202328 minutes, 15 seconds
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Brad Hibbert on Prevalent’s 3rd Party Risk Management Report

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
5/22/202321 minutes, 24 seconds
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Maria D’Avanzo on Corporate Whistleblower Response

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
5/17/202319 minutes, 27 seconds
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Virginia Newman on Enhancing UFLPA Compliance: Solutions for Forced Labor Prevention

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
5/15/202323 minutes, 14 seconds
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Candice Tal on Due Diligence: Levels and Evaluation

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
5/8/202313 minutes, 20 seconds
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Maria D’Avanzo on Privacy Issues in the US and Beyond

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
5/3/202318 minutes, 57 seconds
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Adrienne Bellehumeur on The 24 Hour Rule: Mastering Dynamic Documentation

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
5/1/202325 minutes
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Executives at Risk Winter: 2022/2023

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
4/24/202338 minutes, 6 seconds
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Incorporating EHS and Safety in an ESG Program

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
4/21/202320 minutes, 53 seconds
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Incorporating EHS and Safety in an ESG Program

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 discuss 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
4/19/202323 minutes, 37 seconds
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Jon May On Defending Individuals in FCPA Cases

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
4/17/202327 minutes, 42 seconds
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Ethics Madness 2023

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
4/10/202353 minutes, 29 seconds
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Maria D’Avanzo on the 2023 ECCP

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
4/5/202326 minutes, 54 seconds
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Ryan Patrick on the Role of a US Attorney Under the Monaco Memo, CEP & ECCP

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
4/3/202335 minutes, 29 seconds
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Khayot Salijanov-Compliance in Uzbekistan

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
3/29/202323 minutes, 22 seconds
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Erica Salmon Byrne on 2023 World’s Most Ethical Companies

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
3/27/202323 minutes, 22 seconds
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Kelly Paxton on Maximizing Your Network

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
3/20/202330 minutes, 3 seconds
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Gordon Firemark, The Podcast Lawyer

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
3/15/202322 minutes, 37 seconds
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Sam Tate on New Failure to Prevent Cause of Action

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
3/13/202326 minutes, 17 seconds
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HHR Webinar on Strategic Competition Between US and China

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
3/10/20231 hour, 1 minute, 59 seconds
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Egle Karalyte on Creating a Brand for the World

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
3/6/202324 minutes, 50 seconds
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Mary Inman on Top FCA Health Care Recoveries and Issues from 2022

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
2/27/202331 minutes, 13 seconds
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Erica Salmon Byrne-Information is a Gift

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
2/20/202330 minutes, 47 seconds
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Eric Young on the Evolution of the CCO

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
2/13/202344 minutes, 33 seconds
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Susan Divers on 2023 LRN Program Effectiveness Report

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
2/8/202325 minutes, 37 seconds
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Alastair Parr on New Developments in TPRM

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
2/6/202326 minutes, 10 seconds
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James Koukios on Changes to the DOJ Corporate Enforcement Policy

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
1/30/202320 minutes, 23 seconds
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Tom Fox and Mike Volkov with the 2022 Year in Review for the FCPA, Part 2

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
1/23/202336 minutes, 36 seconds
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Tom Fox and Mike Volkov with the 2022 Year in Review for the FCPA, Part 1

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
1/9/202344 minutes, 49 seconds
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Eric Morehead-The US Sentencing Guidelines at 30

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
1/2/202327 minutes, 13 seconds
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Scott Garland and Zach Hafer – Practice After the DOJ

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
12/19/202230 minutes, 50 seconds
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FTX and Risk: Part 2 - Risk Management and Due Diligence

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
12/12/202230 minutes, 18 seconds
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FTX and Risk: Part 1 - Financial Institutions

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
12/5/202223 minutes, 46 seconds
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Ty Francis on LRN Acquisition of Compliance Learning Solutions

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
12/2/202219 minutes, 17 seconds
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Investigative Protocols After the Monaco Memo

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
11/28/202248 minutes, 38 seconds
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David Simon and Mike Walsh on Global Supply Chain Disruption and Compliance, Part 2

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
11/21/202225 minutes
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David Simon and Mike Walsh on Supply Global Chain Disruption and Compliance, Part 1

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
11/14/202221 minutes, 56 seconds
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Shannon Martin on Internal Podcasts for the Corporate Compliance Function

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
11/7/202219 minutes, 44 seconds
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James Koukios on MoFo’s April 2022 Top 10 International Anti-Corruption Developments

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
10/31/202225 minutes, 27 seconds
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A Dark Day for Dechert

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
10/24/202223 minutes, 16 seconds
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Erica Salmon Byrne on Ethisphere Partnership with Alpine Investors

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
10/17/202220 minutes, 13 seconds
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Oracle FCPA Enforcement Action

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 [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices
10/10/202225 minutes, 46 seconds
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Mike Huneke on the General Counsel Role in CCO Certification

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
10/3/202228 minutes, 57 seconds
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The EC Gang on the Monaco Doctrine

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
9/30/202256 minutes, 31 seconds
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Laura Perkins on the Monaco Memo

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
9/29/202221 minutes, 44 seconds
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Matt Kelly on the Monaco Memo

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
9/28/202236 minutes, 40 seconds
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Vin DiCianni on the Monaco Memo

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
9/27/202236 minutes, 3 seconds
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James Koukios on the Monaco Memo

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
9/26/202236 minutes, 31 seconds
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Tomell Ceasar and the Middle East and Africa Compliance Association

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
9/19/202229 minutes, 1 second
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2023 World’s Most Ethical Companies Applications Open

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
9/12/202217 minutes, 12 seconds
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Professor George Serafeim on Purpose + Profits

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
8/29/202232 minutes, 52 seconds
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Susannah Hammond on Thomson Reuters 2022 Cost of Compliance Report

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
8/22/202233 minutes, 34 seconds
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Ty Francis on Assessing Corporate Culture: A Practical Guide to Improving Board Oversight

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
8/15/202229 minutes, 5 seconds
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James Koukios on the MoFo February Int’l Anti-Corruption Newsletter

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
8/8/202233 minutes, 34 seconds
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Mary Inman on the Current State of Whistleblowing

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
8/1/202230 minutes, 36 seconds
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Alvarez & Marsal Threatscape 2022 Report

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
7/25/202237 minutes, 16 seconds
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Scott Garland on Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring at AMI

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
7/18/202224 minutes, 23 seconds
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James Koukios on the MoFo January Int’l Anti-Corruption Newsletter

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
7/11/202227 minutes, 47 seconds
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Josh Fitzhugh on Trade Compliance Since the Russian Invasion of Ukraine

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
6/27/202222 minutes, 46 seconds
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Erica Salmon Byrne on The Sphere

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
6/24/202214 minutes, 5 seconds
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Loren Steffy on Putin’s Oil Heist Podcast

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
6/20/202221 minutes, 51 seconds
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Mike DeBernardis on Compliance Developments from Q1 2022

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
6/13/202231 minutes, 16 seconds
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Scott Schneider on Your Code of Conduct

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
6/6/202228 minutes, 14 seconds
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John Warren on 2022 ACFE Report to the Nations

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
5/23/202235 minutes, 11 seconds
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Claire Worledge on Data Analytic Secrets

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
5/16/202238 minutes, 42 seconds
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Dave Lefort on Compliance Week 2022

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
5/9/202229 minutes, 46 seconds
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Mike Volkov on DOJ Trial Record

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
5/2/202235 minutes, 41 seconds
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Gordon Graham - A Whistleblower’s Story

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
4/25/202240 minutes, 53 seconds
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Matt Galvin and Dan Kahn, Part 2-Reflections on the Monaco Speech

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
4/18/202227 minutes, 11 seconds
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Matt Galvin and Dan Kahn-Part 1, Disclosing to and Working with the DOJ

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
4/11/202228 minutes, 57 seconds
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Stewart Bishop, Covering the Roger Ng Trial

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
4/4/202224 minutes, 53 seconds
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Susan Divers on the LRN Ethics & Compliance Program Effectiveness Report

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
3/28/202233 minutes, 20 seconds
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Michael Beber on the Current State of SPACs

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
3/21/202227 minutes, 5 seconds
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Erica Salmon Byrne on 2022 World's Most Ethical Companies

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
3/17/202226 minutes, 33 seconds
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Karen Woody on Elon Musk Attack on SEC Consent Decree

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
3/14/202226 minutes, 50 seconds
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Mikhail Reider-Gordon on Conflicts of Interest

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
3/7/202236 minutes, 46 seconds
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Matt Silverman on Preparing for Potential Sanctions Against Russia

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
2/25/202232 minutes, 28 seconds
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Matt Silverman on Potential Sanctions Against Russia

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
2/21/202224 minutes, 47 seconds
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James Koukios on the MoFo November Int’l Anti-Corruption Newsletter

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
2/14/202228 minutes
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James Koukios on the Monaco Speech

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
2/7/202236 minutes, 39 seconds
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Mike DeBernardis on Compliance Developments from Q4 2021

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
1/31/202236 minutes, 49 seconds
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Andrew Neblett and Brian Beeghly Join Ethisphere

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
1/24/202231 minutes, 17 seconds
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Gordon Firemark on Legal Developments in Podcasting

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
1/17/202224 minutes, 4 seconds
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Mike Volkov on FCPA Enforcement and Compliance from 2021 and into 2022

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
1/10/202220 minutes, 7 seconds
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Karen Woody on JPMorgan and Nikola SEC Enforcement Actions

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
1/3/202224 minutes, 17 seconds
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John Katsos - Due Diligence in Conflict Zones

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
12/27/202140 minutes, 43 seconds
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Brandon Daniels-Ongoing v. Point in Time Due Diligence

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
12/20/202129 minutes, 5 seconds
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Kyle Brasseur, Editor in Chief at Compliance Week

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
12/13/202134 minutes, 38 seconds
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Kevin O’Brien on the Elizabeth Holmes Trial

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
12/6/202134 minutes, 22 seconds
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Irene Kaushanky on Why Supply Chain is the Connective Tissue in the Fight Against Modern Slavery

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
11/29/202126 minutes, 49 seconds
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John Davis and James Tillen on WPP

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
11/22/202135 minutes
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Mary Inman on an International Whistleblower Practice

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
11/15/202132 minutes, 28 seconds
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Mike DeBernardis on Q3 Compliance and Enforcement Highlights

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
11/9/202142 minutes, 17 seconds
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Matt Silverman - Trade Compliance, Part 2

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
11/1/202128 minutes, 28 seconds
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Matt Silverman - Trade Compliance, Part 1

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
10/25/202120 minutes, 22 seconds
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Trish Refo-Lawyers in the Public Square

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
10/18/202130 minutes, 31 seconds
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Dean Cherie Taylor on a Compliance Certification at STCL

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
10/11/202128 minutes, 32 seconds
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Bill Athanas- Factors In Defending White Collar Criminal Cases

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
9/27/202136 minutes, 16 seconds
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Randy Sorrels-A New Law Firm

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
9/20/202138 minutes, 6 seconds
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Lisa Beth Lentini Walker and Stef Tschida - Raise Your Game, Not Your Voice

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
9/13/202129 minutes, 4 seconds
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Karen Woody on Comings and Goings at the SEC

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
8/30/202131 minutes, 3 seconds
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James Koukios on MoFo April International Anti-Corruption Newsletter

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
8/23/202127 minutes, 24 seconds
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James Koukios on MoFo March International Anti-Corruption Newsletter

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
8/9/202127 minutes, 42 seconds
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Episode 560-Mike DeBernardis on Enforcement and Oversight in Q2-2021

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
8/2/202135 minutes, 10 seconds
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Executives at Risk, Summer 2021 Newsletter

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
7/26/202136 minutes, 24 seconds
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Jason Mefford

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
7/19/202139 minutes, 35 seconds
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Cristina Revelo-a PhD in Compliance

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
7/12/202134 minutes, 11 seconds
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Welcome to ¡(H)Ola Compliance!

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
6/28/202125 minutes, 1 second
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Mary Ann Faremouth on Revolutionary Reinvention

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
6/21/202127 minutes, 34 seconds
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Charles Thomas on the Current State of 3rd Party Risk Solutions

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
6/14/202128 minutes, 27 seconds
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Greg Keating on the Current State of Whistleblower Regs and Law

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
6/7/202127 minutes, 15 seconds
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András Bácsfalvi on AML Compliance in Hungary

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
5/24/202125 minutes, 46 seconds
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James Koukios on MoFo January and February Int'l ABC Newsletter

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
5/17/202128 minutes, 46 seconds
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Joey Seeber, Part 2

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
5/12/202121 minutes, 29 seconds
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Joey Seeber, Part 1

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
5/10/202122 minutes, 43 seconds
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Mike DeBernardis on Enforcement and Oversight in 2021

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
5/3/202128 minutes, 49 seconds
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Max Keating, Controls and ESG in eSports

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
4/26/202114 minutes, 15 seconds
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Laura Tulchin on the Year Everything Changed

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
4/19/202135 minutes, 44 seconds
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Quyen Truong on the Direction of the CFPB under the Biden Administration

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
4/12/202131 minutes, 8 seconds
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Erica Salmon Byrne on Ethisphere’s 2021 WME

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
4/5/202141 minutes, 18 seconds
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Raman Kalyan & Tahlal Mir on Insider Risks

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
3/29/202140 minutes, 6 seconds
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Bryan Sillaman on the Intersection of Compliance, ESG and Clean Energy

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
3/22/202123 minutes, 20 seconds
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ECI 2021 Global Business Ethics Survey: Episode 5 - Conclusions and Recommendations

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
3/15/202119 minutes, 30 seconds
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ECI 2021 Global Business Ethics Survey: Episode 4 - Covid-19 and Culture

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
3/15/202115 minutes, 44 seconds
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ECI 2021 Global Business Ethics Survey: Episode 3 - Retaliation

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
3/15/202114 minutes, 11 seconds
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ECI 2021 Global Business Ethics Survey: Episode 2 - Key Findings

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
3/15/202116 minutes, 4 seconds
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ECI 2021 Global Business Ethics Survey: Episode 1 - Introduction

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
3/15/202115 minutes, 27 seconds
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James Koukios on MoFo Top 10 Int’l ABC Developments for December 2020

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
3/15/202123 minutes, 17 seconds
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Loren Steffy on the Texas Power Disaster

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
3/8/202128 minutes, 30 seconds
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Michael Rasmussen on Policy Management Pro

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
3/4/202114 minutes, 30 seconds
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James Koukios on MoFo Top 10 Int’l ABC Developments for November 2020

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
3/1/202128 minutes, 47 seconds
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Kris Krimitsos on Podfest Global Summit

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
2/22/202116 minutes, 54 seconds
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Philip Urofsky on Shearman & Sterling’s 2020 FCPA Digest

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
2/15/202132 minutes, 39 seconds
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Mike Volkov Turns the Tables

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
2/8/202152 minutes, 7 seconds
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Pamela Fierst-Walsh on Responsible Sourcing

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
2/1/202121 minutes, 27 seconds
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Asher Miller on Doing Compliance in Israel

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
1/25/202133 minutes, 13 seconds
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Doreen Edelman on CFIUS under the Biden Administration

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
1/11/202133 minutes, 30 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for October 2020

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
1/4/202123 minutes, 34 seconds
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Bonus Edition-Everything Ethics

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
12/31/20201 hour, 1 minute, 41 seconds
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Eric Young on Key Compliance & Enforcement Changes 2010 to 2020

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
12/28/202017 minutes, 56 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for September 2020

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
12/21/202025 minutes, 7 seconds
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Fry Wernick and Mike Ward Dissect the Year’s 3 Biggest Anti-Corruption Cases

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
12/14/20201 hour, 3 minutes, 57 seconds
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Don Stern on the US Attorney Offices

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
12/7/202019 minutes, 40 seconds
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Eric Young on the Fed and DFS Components of the Goldman Sachs Corruption Enforcement

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
11/30/202021 minutes, 53 seconds
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How the Lion’s Mouth Informs Your Internal Reporting System

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
11/25/20209 minutes, 16 seconds
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Arsenale and Incentivizing Compliance

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
11/24/202010 minutes, 29 seconds
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Mike Lindsey on Legal Issues Related to Cyber, E-Commerce and Internal Communications

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
11/23/202025 minutes, 58 seconds
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How the Venetian Gondolier Informs Your Compliance Program

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
11/23/20208 minutes
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Dave Lefort, Reflections on Tommy Heinsohn

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
11/16/202030 minutes, 25 seconds
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Mike DeBernardis on Q3 FCPA Enforcement and Related Issues

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
11/9/202030 minutes, 53 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for April 2020

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
11/2/202018 minutes, 44 seconds
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Wirecard Part 10, On the Beach

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
10/28/202057 minutes, 50 seconds
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Susan Divers on Evolution in Compliance over the Past Decade

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
10/26/202025 minutes, 6 seconds
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Gar Hurst on Biggest Import Issue You Have Never Heard About

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
10/19/202030 minutes, 16 seconds
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Carrie Penman on Beyond the Moment

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
10/16/202021 minutes, 41 seconds
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Wirecard Part 9, Running to Fraud with Hermes

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
10/14/202053 minutes, 36 seconds
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The FinCen Papers

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
10/12/202025 minutes, 43 seconds
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Jonathan Armstrong on Herbalife from a UK Perspective

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
10/9/202014 minutes, 31 seconds
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Jonathan Marks on the Role of Gatekeepers

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
10/8/202011 minutes, 15 seconds
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Compliance Book Club Interview of Robert Chesnut on Intentional Integrity

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
10/7/20201 hour, 2 minutes, 51 seconds
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Wirecard Part 9, Bring Lawyers Guns and Money

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
10/7/202039 minutes, 10 seconds
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Matt Kelly on the Role of Internal Audit

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
10/7/202012 minutes, 52 seconds
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Jay Rosen on the Lack of Monitorship

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
10/6/20209 minutes, 59 seconds
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Mike Volkov on the Herbalife FCPA Resolution

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
10/5/202011 minutes, 49 seconds
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The Miller & Chevalier 2020 Latin American Corruption Survey-Part 5, 12-Year Retrospective

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
10/2/202025 minutes, 18 seconds
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The Miller & Chevalier 2020 Latin American Corruption Survey-Part 4, Compliance Program Design and Implementation

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
10/1/202015 minutes, 22 seconds
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Lies, Spies and Wirecard

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
9/30/202046 minutes, 25 seconds
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The Miller & Chevalier 2020 Latin American Corruption Survey-Part 3, Compliance Trends

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
9/30/202015 minutes, 15 seconds
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The Miller & Chevalier 2020 Latin American Corruption Survey-Part 2, Country Specific Corruption Issues

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
9/29/202016 minutes, 29 seconds
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The Miller & Chevalier 2020 Latin American Corruption Survey-Part 1, Introduction

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
9/28/202016 minutes, 44 seconds
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Wirecard-Part 6, End of Summer Wrap UP

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
9/23/202051 minutes, 28 seconds
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John Fons and Current Issues Facing CCOs

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
9/21/202023 minutes, 17 seconds
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Jordan Arnold and Surjeet Mahant on the DFS Cyber Enforcement Action on First American Title

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
9/14/202037 minutes, 23 seconds
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Special 500th Anniversary Episode

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
8/31/202039 minutes, 1 second
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Jonathan Marks on the Evolution of Compliance Through the Eyes of Internal Audit

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
8/28/202026 minutes, 33 seconds
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Jay Rosen on Changes from the Compliance Vendor Perspective

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
8/27/202028 minutes, 22 seconds
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Jonathan Armstrong on the UKBA, GDPR and Modern Slavery Compliance

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
8/26/202023 minutes, 23 seconds
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Matt Kelly on Changes Seen by the 4th Estate

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
8/25/202021 minutes, 56 seconds
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Mike Volkov on Changes in FCPA Enforcement

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
8/24/202026 minutes, 39 seconds
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Wirecard and Fraud

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
8/19/202056 minutes, 58 seconds
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Eric Lorber on How the Trade Sanction Sausage is Made

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
8/17/202030 minutes, 4 seconds
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Mikhail Reider-Gordon on AML and Wirecard, Part 1

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
8/12/20201 hour, 26 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for March 2020

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
8/10/202025 minutes, 25 seconds
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WireCard and Germany Inc.

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
8/5/202047 minutes, 48 seconds
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Mike DeBernardis on 2020 Update to the Evaluation of Corporate Compliance Programs and FCPA Resource Guide, 2nd edition

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
8/3/202032 minutes, 15 seconds
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Wirecard and Short Sellers

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
7/30/202048 minutes, 23 seconds
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Gordon Platt-from Investigative Journalism to White Collar Defense

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
7/27/202023 minutes, 56 seconds
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Wirecard-a podcast series on the scandal, with Mikhail Reider-Gordon, Part 1-Introduction

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
7/20/202029 minutes, 26 seconds
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Eric Young on the Plumbing and Wiring of Compliance

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
7/13/202022 minutes, 34 seconds
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Compliance Line 2020 Hotline Benchmark Report

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
7/6/202030 minutes, 22 seconds
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Louis Perold on the State of Compliance In South Africa

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
6/29/202023 minutes, 31 seconds
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Stanley Foodman on the Travel Act and FCPA

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
6/22/202019 minutes, 5 seconds
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Ian McDougall on the Rule of Law

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
6/15/202023 minutes, 16 seconds
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Loren Steffy with Reflections on the 25th Anniversary of Oklahoma City Bombing

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
6/8/202023 minutes, 16 seconds
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Kevin Abikoff and Aline Osorio on Distribution of Proceeds from ABC Enforcement Actions

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
6/1/202020 minutes, 7 seconds
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John Warren on 2020 ACFE Report to the Nations

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
5/18/202027 minutes, 23 seconds
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Joel Androphy on the Role of the FCA in Fighting Government Procurement Fraud

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
5/10/202026 minutes, 22 seconds
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Mike DeBernardis on Q1 FCPA Enforcement Highlights

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
5/3/202031 minutes, 48 seconds
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From the Unthinkable to a Culture of Compliance-Lucas Bianchini on Environmental Compliance in Brazil

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
4/27/202016 minutes, 26 seconds
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From the Unthinkable to a Culture of Compliance- Ingrid Santos and Guiliana Boniha on #MeToo and Sexual/Moral Harassment

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
4/27/202012 minutes, 4 seconds
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From the Unthinkable to a Culture of Compliance- Glaucia Ferreira on Background Investigations

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
4/27/202013 minutes, 20 seconds
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From the Unthinkable to a Culture of Compliance-Luiz Salles on Investigations and Anti-Trust Compliance

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
4/27/202016 minutes, 8 seconds
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From the Unthinkable to a Culture of Compliance-How a Car Wash Changed a Culture, Isabel Franco

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
4/27/202016 minutes, 54 seconds
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Susan Divers on LRN’s 2020 Compliance Program Effectiveness Report

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
4/27/202038 minutes, 53 seconds
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Pat Harned on ECI’s IMPACT 2020

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
4/20/202021 minutes, 14 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for February 2020

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
4/13/202020 minutes, 56 seconds
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Karen Woody on Profit Disgorgement at the Supreme Court

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
4/6/202023 minutes, 35 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for January 2020

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
3/30/202025 minutes, 46 seconds
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Quyen Truong on California’s Proposed Mini-CFPB: National Impact and Enforcement Threat

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
3/23/202029 minutes, 24 seconds
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Bryan Sillaman on the French Airbus Enforcement Action

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
3/16/202021 minutes, 39 seconds
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Tony Charles on Managing a 3rd Party Process

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
3/9/202028 minutes, 20 seconds
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Erica Salmon Byrne on Ethisphere’s 2020 WME Honorees

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
3/2/202020 minutes, 4 seconds
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Airbus-Part 5, Tom Fox with some final thoughts on Airbus

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
2/28/202013 minutes, 12 seconds
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Airbus-Part 4, Cecilia Fellouse-Guenkel on the French Perspective

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
2/27/202014 minutes, 28 seconds
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Airbus-Part 3, Jonathan Armstrong on the UK-SFO Enforcement

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
2/26/202016 minutes, 31 seconds
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Airbus-Part 2 Mike Volkov on ITAR and Trade Sanction Enforcement

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
2/25/202016 minutes, 42 seconds
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Airbus, Part 1-Jay Rosen on the FCPA Enforcement

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
2/24/202014 minutes, 7 seconds
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Joanne Taylor on the UK Airbus Enforcement Action

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
2/17/202022 minutes, 15 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for December 2019

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
2/10/202023 minutes, 4 seconds
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James Koukios on the MoFo Top 10 International Anti-Corruption Developments for November 2019

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
2/3/202023 minutes, 57 seconds
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Day 31 | Levels of due diligence

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
1/31/202010 minutes, 56 seconds
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Day 30 | Using a root cause analysis for remediation

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
1/30/2020