FCPA Compliance Report

By Thomas Fox

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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.

Episode Date
The EC Gang on the Monaco Doctrine
3391
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
Sep 30, 2022
Laura Perkins on the Monaco Memo
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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
Sep 29, 2022
Matt Kelly on the Monaco Memo
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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
Sep 28, 2022
Vin DiCianni on the Monaco Memo
2163
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
Sep 27, 2022
James Koukios on the Monaco Memo
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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
Sep 26, 2022
Tomell Ceasar and the Middle East and Africa Compliance Association
1741
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
Sep 19, 2022
2023 World’s Most Ethical Companies Applications Open
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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
Sep 12, 2022
Professor George Serafeim on Purpose + Profits
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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
Aug 29, 2022
Susannah Hammond on Thomson Reuters 2022 Cost of Compliance Report
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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
Aug 22, 2022
Ty Francis on Assessing Corporate Culture: A Practical Guide to Improving Board Oversight
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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
Aug 15, 2022
James Koukios on the MoFo February Int’l Anti-Corruption Newsletter
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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
Aug 08, 2022
Mary Inman on the Current State of Whistleblowing
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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
Aug 01, 2022
Alvarez & Marsal Threatscape 2022 Report
2236
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
Jul 25, 2022
Scott Garland on Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring at AMI
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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
Jul 18, 2022
James Koukios on the MoFo January Int’l Anti-Corruption Newsletter
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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
Jul 11, 2022
Josh Fitzhugh on Trade Compliance Since the Russian Invasion of Ukraine
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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
Jun 27, 2022
Erica Salmon Byrne on The Sphere
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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
Jun 24, 2022
Loren Steffy on Putin’s Oil Heist Podcast
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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
Jun 20, 2022
Mike DeBernardis on Compliance Developments from Q1 2022
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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
Jun 13, 2022
Scott Schneider on Your Code of Conduct
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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
Jun 06, 2022
John Warren on 2022 ACFE Report to the Nations
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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
May 23, 2022
Claire Worledge on Data Analytic Secrets
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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
May 16, 2022
Dave Lefort on Compliance Week 2022
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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
May 09, 2022
Mike Volkov on DOJ Trial Record
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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
May 02, 2022
Gordon Graham - A Whistleblower’s Story
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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
Apr 25, 2022
Matt Galvin and Dan Kahn, Part 2-Reflections on the Monaco Speech
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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
Apr 18, 2022
Matt Galvin and Dan Kahn-Part 1, Disclosing to and Working with the DOJ
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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
Apr 11, 2022
Stewart Bishop, Covering the Roger Ng Trial
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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
Apr 04, 2022
Susan Divers on the LRN Ethics & Compliance Program Effectiveness Report
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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
Mar 28, 2022
Michael Beber on the Current State of SPACs
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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
Mar 21, 2022
Erica Salmon Byrne on 2022 World's Most Ethical Companies
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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
Mar 17, 2022
Karen Woody on Elon Musk Attack on SEC Consent Decree
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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
Mar 14, 2022
Mikhail Reider-Gordon on Conflicts of Interest
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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
Mar 07, 2022
Matt Silverman on Preparing for Potential Sanctions Against Russia
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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
Feb 25, 2022
Matt Silverman on Potential Sanctions Against Russia
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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
Feb 21, 2022
James Koukios on the MoFo November Int’l Anti-Corruption Newsletter
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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
Feb 14, 2022
James Koukios on the Monaco Speech
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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
Feb 07, 2022
Mike DeBernardis on Compliance Developments from Q4 2021
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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
Jan 31, 2022
Andrew Neblett and Brian Beeghly Join Ethisphere
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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
Jan 24, 2022
Gordon Firemark on Legal Developments in Podcasting
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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
Jan 17, 2022
Mike Volkov on FCPA Enforcement and Compliance from 2021 and into 2022
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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
Jan 10, 2022
Karen Woody on JPMorgan and Nikola SEC Enforcement Actions
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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
Jan 03, 2022
John Katsos - Due Diligence in Conflict Zones
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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
Dec 27, 2021
Brandon Daniels-Ongoing v. Point in Time Due Diligence
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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
Dec 20, 2021
Kyle Brasseur, Editor in Chief at Compliance Week
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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
Dec 13, 2021
Kevin O’Brien on the Elizabeth Holmes Trial
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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
Dec 06, 2021
Irene Kaushanky on Why Supply Chain is the Connective Tissue in the Fight Against Modern Slavery
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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
Nov 29, 2021
John Davis and James Tillen on WPP
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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
Nov 22, 2021
Mary Inman on an International Whistleblower Practice
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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
Nov 15, 2021
Mike DeBernardis on Q3 Compliance and Enforcement Highlights
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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
Nov 09, 2021
Matt Silverman - Trade Compliance, Part 2
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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
Nov 01, 2021
Matt Silverman - Trade Compliance, Part 1
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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
Oct 25, 2021
Trish Refo-Lawyers in the Public Square
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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
Oct 18, 2021
Dean Cherie Taylor on a Compliance Certification at STCL
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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
Oct 11, 2021
Bill Athanas- Factors In Defending White Collar Criminal Cases
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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
Sep 27, 2021
Randy Sorrels-A New Law Firm
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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
Sep 20, 2021
Lisa Beth Lentini Walker and Stef Tschida - Raise Your Game, Not Your Voice
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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
Sep 13, 2021
Karen Woody on Comings and Goings at the SEC
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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
Aug 30, 2021
James Koukios on MoFo April International Anti-Corruption Newsletter
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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
Aug 23, 2021
James Koukios on MoFo March International Anti-Corruption Newsletter
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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
Aug 09, 2021
Episode 560-Mike DeBernardis on Enforcement and Oversight in Q2-2021
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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
Aug 02, 2021
Executives at Risk, Summer 2021 Newsletter
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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
Jul 26, 2021
Jason Mefford
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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
Jul 19, 2021
Cristina Revelo-a PhD in Compliance
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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
Jul 12, 2021
Welcome to ¡(H)Ola Compliance!
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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
Jun 28, 2021
Mary Ann Faremouth on Revolutionary Reinvention
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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
Jun 21, 2021
Charles Thomas on the Current State of 3rd Party Risk Solutions
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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
Jun 14, 2021
Greg Keating on the Current State of Whistleblower Regs and Law
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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
Jun 07, 2021
András Bácsfalvi on AML Compliance in Hungary
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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
May 24, 2021
James Koukios on MoFo January and February Int'l ABC Newsletter
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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
May 17, 2021
Joey Seeber, Part 2
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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
May 12, 2021
Joey Seeber, Part 1
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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
May 10, 2021
Mike DeBernardis on Enforcement and Oversight in 2021
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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
May 03, 2021
Max Keating, Controls and ESG in eSports
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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
Apr 26, 2021
Laura Tulchin on the Year Everything Changed
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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
Apr 19, 2021
Quyen Truong on the Direction of the CFPB under the Biden Administration
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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
Apr 12, 2021
Erica Salmon Byrne on Ethisphere’s 2021 WME
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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
Apr 05, 2021
Raman Kalyan & Tahlal Mir on Insider Risks
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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
Mar 29, 2021
Bryan Sillaman on the Intersection of Compliance, ESG and Clean Energy
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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
Mar 22, 2021
ECI 2021 Global Business Ethics Survey: Episode 4 - Covid-19 and Culture
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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
Mar 15, 2021
ECI 2021 Global Business Ethics Survey: Episode 5 - Conclusions and Recommendations
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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
Mar 15, 2021
ECI 2021 Global Business Ethics Survey: Episode 3 - Retaliation
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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
Mar 15, 2021
ECI 2021 Global Business Ethics Survey: Episode 2 - Key Findings
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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
Mar 15, 2021
ECI 2021 Global Business Ethics Survey: Episode 1 - Introduction
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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
Mar 15, 2021
James Koukios on MoFo Top 10 Int’l ABC Developments for December 2020
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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
Mar 15, 2021
Loren Steffy on the Texas Power Disaster
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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
Mar 08, 2021
Michael Rasmussen on Policy Management Pro
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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
Mar 04, 2021
James Koukios on MoFo Top 10 Int’l ABC Developments for November 2020
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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
Mar 01, 2021
Kris Krimitsos on Podfest Global Summit
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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
Feb 22, 2021
Philip Urofsky on Shearman & Sterling’s 2020 FCPA Digest
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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
Feb 15, 2021
Mike Volkov Turns the Tables
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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
Feb 08, 2021
Pamela Fierst-Walsh on Responsible Sourcing
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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
Feb 01, 2021
Asher Miller on Doing Compliance in Israel
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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
Jan 25, 2021
Doreen Edelman on CFIUS under the Biden Administration
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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
Jan 11, 2021
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for October 2020
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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
Jan 04, 2021
Bonus Edition-Everything Ethics
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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
Dec 31, 2020
Eric Young on Key Compliance & Enforcement Changes 2010 to 2020
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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
Dec 28, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for September 2020
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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
Dec 21, 2020
Fry Wernick and Mike Ward Dissect the Year’s 3 Biggest Anti-Corruption Cases
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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
Dec 14, 2020
Don Stern on the US Attorney Offices
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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
Dec 07, 2020
Eric Young on the Fed and DFS Components of the Goldman Sachs Corruption Enforcement
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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
Nov 30, 2020
How the Lion’s Mouth Informs Your Internal Reporting System
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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
Nov 25, 2020
Arsenale and Incentivizing Compliance
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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
Nov 24, 2020
Mike Lindsey on Legal Issues Related to Cyber, E-Commerce and Internal Communications
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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
Nov 23, 2020
How the Venetian Gondolier Informs Your Compliance Program
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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
Nov 23, 2020
Dave Lefort, Reflections on Tommy Heinsohn
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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
Nov 16, 2020
Mike DeBernardis on Q3 FCPA Enforcement and Related Issues
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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
Nov 09, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for April 2020
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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
Nov 02, 2020
Wirecard Part 10, On the Beach
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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
Oct 28, 2020
Susan Divers on Evolution in Compliance over the Past Decade
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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
Oct 26, 2020
Gar Hurst on Biggest Import Issue You Have Never Heard About
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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
Oct 19, 2020
Carrie Penman on Beyond the Moment
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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
Oct 16, 2020
Wirecard Part 9, Running to Fraud with Hermes
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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
Oct 14, 2020
The FinCen Papers
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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
Oct 12, 2020
Jonathan Armstrong on Herbalife from a UK Perspective
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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
Oct 09, 2020
Jonathan Marks on the Role of Gatekeepers
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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
Oct 08, 2020
Compliance Book Club Interview of Robert Chesnut on Intentional Integrity
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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
Oct 07, 2020
Matt Kelly on the Role of Internal Audit
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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
Oct 07, 2020
Wirecard Part 9, Bring Lawyers Guns and Money
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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
Oct 07, 2020
Jay Rosen on the Lack of Monitorship
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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
Oct 06, 2020
Mike Volkov on the Herbalife FCPA Resolution
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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
Oct 05, 2020
The Miller & Chevalier 2020 Latin American Corruption Survey-Part 5, 12-Year Retrospective
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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
Oct 02, 2020
The Miller & Chevalier 2020 Latin American Corruption Survey-Part 4, Compliance Program Design and Implementation
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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
Oct 01, 2020
Lies, Spies and Wirecard
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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
Sep 30, 2020
The Miller & Chevalier 2020 Latin American Corruption Survey-Part 3, Compliance Trends
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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
Sep 30, 2020
The Miller & Chevalier 2020 Latin American Corruption Survey-Part 2, Country Specific Corruption Issues
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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
Sep 29, 2020
The Miller & Chevalier 2020 Latin American Corruption Survey-Part 1, Introduction
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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
Sep 28, 2020
Wirecard-Part 6, End of Summer Wrap UP
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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
Sep 23, 2020
John Fons and Current Issues Facing CCOs
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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
Sep 21, 2020
Jordan Arnold and Surjeet Mahant on the DFS Cyber Enforcement Action on First American Title
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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
Sep 14, 2020
Special 500th Anniversary Episode
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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
Aug 31, 2020
Jonathan Marks on the Evolution of Compliance Through the Eyes of Internal Audit
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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
Aug 28, 2020
Jay Rosen on Changes from the Compliance Vendor Perspective
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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
Aug 27, 2020
Jonathan Armstrong on the UKBA, GDPR and Modern Slavery Compliance
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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
Aug 26, 2020
Matt Kelly on Changes Seen by the 4th Estate
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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
Aug 25, 2020
Mike Volkov on Changes in FCPA Enforcement
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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
Aug 24, 2020
Wirecard and Fraud
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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
Aug 19, 2020
Eric Lorber on How the Trade Sanction Sausage is Made
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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
Aug 17, 2020
Mikhail Reider-Gordon on AML and Wirecard, Part 1
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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
Aug 12, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for March 2020
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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
Aug 10, 2020
WireCard and Germany Inc.
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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
Aug 05, 2020
Mike DeBernardis on 2020 Update to the Evaluation of Corporate Compliance Programs and FCPA Resource Guide, 2nd edition
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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
Aug 03, 2020
Wirecard and Short Sellers
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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
Jul 30, 2020
Gordon Platt-from Investigative Journalism to White Collar Defense
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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
Jul 27, 2020
Wirecard-a podcast series on the scandal, with Mikhail Reider-Gordon, Part 1-Introduction
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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
Jul 20, 2020
Eric Young on the Plumbing and Wiring of Compliance
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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
Jul 13, 2020
Compliance Line 2020 Hotline Benchmark Report
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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
Jul 06, 2020
Louis Perold on the State of Compliance In South Africa
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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
Jun 29, 2020
Stanley Foodman on the Travel Act and FCPA
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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
Jun 22, 2020
Ian McDougall on the Rule of Law
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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
Jun 15, 2020
Loren Steffy with Reflections on the 25th Anniversary of Oklahoma City Bombing
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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
Jun 08, 2020
Kevin Abikoff and Aline Osorio on Distribution of Proceeds from ABC Enforcement Actions
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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
Jun 01, 2020
John Warren on 2020 ACFE Report to the Nations
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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
May 18, 2020
Joel Androphy on the Role of the FCA in Fighting Government Procurement Fraud
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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
May 10, 2020
Mike DeBernardis on Q1 FCPA Enforcement Highlights
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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
May 03, 2020
From the Unthinkable to a Culture of Compliance-Lucas Bianchini on Environmental Compliance in Brazil
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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
Apr 27, 2020
From the Unthinkable to a Culture of Compliance- Ingrid Santos and Guiliana Boniha on #MeToo and Sexual/Moral Harassment
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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
Apr 27, 2020
From the Unthinkable to a Culture of Compliance- Glaucia Ferreira on Background Investigations
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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
Apr 27, 2020
From the Unthinkable to a Culture of Compliance-Luiz Salles on Investigations and Anti-Trust Compliance
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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
Apr 27, 2020
From the Unthinkable to a Culture of Compliance-How a Car Wash Changed a Culture, Isabel Franco
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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
Apr 27, 2020
Susan Divers on LRN’s 2020 Compliance Program Effectiveness Report
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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
Apr 27, 2020
Pat Harned on ECI’s IMPACT 2020
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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
Apr 20, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for February 2020
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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
Apr 13, 2020
Karen Woody on Profit Disgorgement at the Supreme Court
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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
Apr 06, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for January 2020
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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
Mar 30, 2020
Quyen Truong on California’s Proposed Mini-CFPB: National Impact and Enforcement Threat
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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
Mar 23, 2020
Bryan Sillaman on the French Airbus Enforcement Action
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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
Mar 16, 2020
Tony Charles on Managing a 3rd Party Process
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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
Mar 09, 2020
Erica Salmon Byrne on Ethisphere’s 2020 WME Honorees
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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
Mar 02, 2020
Airbus-Part 5, Tom Fox with some final thoughts on Airbus
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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
Feb 28, 2020
Airbus-Part 4, Cecilia Fellouse-Guenkel on the French Perspective
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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
Feb 27, 2020
Airbus-Part 3, Jonathan Armstrong on the UK-SFO Enforcement
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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
Feb 26, 2020
Airbus-Part 2 Mike Volkov on ITAR and Trade Sanction Enforcement
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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
Feb 25, 2020
Airbus, Part 1-Jay Rosen on the FCPA Enforcement
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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
Feb 24, 2020
Joanne Taylor on the UK Airbus Enforcement Action
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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
Feb 17, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for December 2019
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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
Feb 10, 2020
James Koukios on the MoFo Top 10 International Anti-Corruption Developments for November 2019
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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
Feb 03, 2020
Day 31 | Levels of due diligence
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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
Jan 31, 2020
Day 30 | Using a root cause analysis for remediation
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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
Jan 30, 2020
Day 29 | What is a root cause analysis?
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Well known fraud investigator Jonathan Marks, defined a root cause analysis as “a research based approach to identifying the bottom line reason of a problem or an issue; with the root cause, not the proximate cause the root cause representing the source of the problem.” He contrasted this definition with that of a risk assessment which he said “is something performed on a proactive basis based on various facts. A root cause analysis analyzes a problem that (hopefully) was previously identified through a risk assessment.” He went on to note a, “Root cause analysis is a tool to help identify not only what and how an event occurred, but also why it happened. When we are able to determine why an event or failure occurred, we can then recommend workable corrective measures that deter future events of the type observed.” Marks also contrasted a root cause analysis with an investigation. He noted, “in an investigation we are try to either prove or disprove an allegation.” This means that in a compliance investigation you may be trying to prove or disprove that certain transactions could form the basis of a corrupt payment or bribe by garnering evidence to either support or refute specific allegations. You do not assess blame and that is the point where a root cause should follow to determine how the compliance failure occurred or was allowed to occur. Three key takeaways: A root cause analysis is now required if you have a reportable compliance failure. There is no one process for performing a root cause analysis. You should select the one which works for you and follow it. To properly perform a root cause analysis, you need trained professionals who really understand what they’re doing. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 29, 2020
Day 28 | Post-acquisition integration plan
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Your company has just made its largest acquisition ever and your CEO says they want you to have a compliance post-acquisition integration plan on their desk in one week. Where do you begin? A good place to start would be the 2012 FCPA Guidance language: Pre-acquisition due diligence, however, is normally only a portion of the compliance process for mergers and acquisitions. DOJ and SEC evaluate whether the acquiring company promptly incorporated the acquired company into all of its internal controls, including its compliance program. Companies should consider training new employees, reevaluating third parties under company standards, and, where appropriate, conducting audits on new business units. As reported by New and Trahanas, in a July 2018 speech, former Deputy Assistant Attorney General Matthew Miner emphasized that DOJ would apply the principles contained in the FCPA Corporate Enforcement Policy to successor companies that discover potential violations subsequent to an acquisition, as well as to acquirers who detect potential corrupt activities during the due diligence process. He also encouraged acquiring companies to seek guidance through the FCPA Opinion Procedures. Miner said the DOJ would apply the principles contained in the FCPA Corporate Enforcement Policy to acquiring companies that uncover potential FCPA violations in the mergers and acquisitions context. This means if you meet the four requirements under the FCPA Corporate Enforcement Policy, the default DOJ position would be a declination would be granted. Three key takeaways: Planning is critical in the post-acquisition phase. Build upon what you learned in pre-acquisition due diligence. You literally need to be ready to hit the ground running when a transaction closes. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 28, 2020
Day 27 | Pre-acquisition due diligence in mergers and acquisitions
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A company that does not perform adequate due diligence prior to a merger or acquisition may face both legal and business risks. Perhaps most commonly, inadequate due diligence can allow a course of bribery to continue - with all the attendant harms to a business’s profitability and reputation, as well as potential civil and criminal liability. While most compliance practitioners have been long aware of the requirement in the post-acquisition context, the 2012 FCPA Guidance focused many compliance practitioners of the need to engage in robust pre-acquisition due diligence. This was expanded again in the 2017 Evaluation but the 2019 Guidance made even more clear the need for a robust compliance presence in the pre-acquisition phase. It stated, “A well-designed compliance program should include comprehensive due diligence of any acquisition targets. Pre-M&A due diligence enables the acquiring company to evaluate more accurately each target’s value and negotiate for the costs of any corruption or misconduct to be borne by the target. Flawed or incomplete due diligence can allow misconduct to continue at the target company, causing resulting harm to a business’s profitability and reputation and risking civil and criminal liability.” Three key takeaways: The results of your pre-acquisition due diligence will inform your post-acquisition integration and remediation going forward. Periodically review your M&A due diligence protocol. If red flags appear in pre-acquisition due diligence, they should be cleared. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 27, 2020
Philip Urofsky on the Shearman & Sterling 2020 FCPA Digest
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In the Episode, I visit with Philip Urofsky, partner at Shearman & Sterling, Editor-in-Chief of the firm’s most excellent FCPA Digest. We visit about the firm’s 2020 FCPA Digest, Recent Trends and Patterns in the Enforcement of the FCPA and consider some of the highlights from the report. We also take a deep dive into the issue of agency under the FCPA, which was a major legal issue in the Hoskins trial and an ongoing debate on the issue of parent-subsidiary liability under the FCPA. Some of the highlights include: Enforcement actions and strategies seen in 2019. What did the numbers tell us? What were some of the perennial statutory issues address and litigated in 2019? Did the DOJ adequately address the issue of parent-subsidiary liability? Do the Barclays and Deutsche Bank enforcement actions end the question of whether a job for a child or relative can be a ‘thing of value’ under the FCPA? What is the significance you seen in the Criminal Division’s 2019 Guidance? Is the ‘inability to pay’ a codification of existing DOJ practice or something new? What is the significance of the Och-Ziff restitution case? What were some of the key developments in the UK around Bribery Act prosecutions and enforcement actions? Resources To download a copy of the Shearman & Sterling 2020 FCPA Digest, Recent Trends and Patterns in the Enforcement of the FCPA click here. To use the fully searchable Shearman & Sterling FCPA digest, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 27, 2020
Day 26 | Operationalizing compliance through payroll
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One of the areas articulated in the 2019 Guidance was around payments and payroll. For the both the compliance professional and the corporate payroll function, there is a significant role to play in the operationalization of a corporate compliance program. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) was replete with references to payment and its critical nature to any best practices compliance program. This includes references to payments to foreign officials, payments to third parties and hiding bribes in payments to distributors. The 2019 Guidance begins with an admonition to stop wasting time on low hanging fruit when there are much higher risks in your business operations. It stated: Risk-Tailored Resource Allocation – Does the company devote a disproportionate amount of time to policing low-risk areas instead of high-risk areas, such as questionable payments to third-party consultants, suspicious trading activity, or excessive discounts to resellers and distributors? Does the company give greater scrutiny, as warranted, to high-risk transactions (for instance, a large-dollar contract with a government agency in a high-risk country) than more modest and routine hospitality and entertainment?  The 2019 Guidance then drills down into the payment and payroll system, stating: Appropriate Controls – How does the company ensure there is an appropriate business rationale for the use of third parties? If third parties were involved in the underlying misconduct, what was the business rationale for using those third parties? What mechanisms exist to ensure that the contract terms specifically describe the services to be performed, that the payment terms are appropriate, that the described contractual work is performed, and that compensation is commensurate with the services rendered?   Taken together, these questions may not seem particularly new, innovative, or even something different from what payroll currently does for an organization. However, the 2019 Guidance , clearly demonstrates the role of payroll in compliance. The 2019 Guidance requires that payroll not only form a part of any best practices compliance program, but when it comes to the specific subject matter expertise, payroll is on the front lines of any attempts to prevent, detect, and then remediate anti-corruption compliance violations. Three key takeaways: Payroll can be a key prevent and detect control. The Evaluation specified the tying of the corporate compliance function to the corporate payroll function. Offshore payments remain a key indicator for a red flag. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 26, 2020
Day 25 | Compliance function in an organization
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The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. When it came to the corporate compliance function, 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, simply noted the government would “consider whether the company devoted adequate staffing and resources to the compliance program given the size, structure, and risk profile of the business.”  This Hallmark was significantly expanded in both the 2019 Guidance and the FCPA Corporate Enforcement Policy. And in so doing, the DOJ has increased the prestige, authority and role of both the corporate compliance function. The 2019 Guidance has four general areas of inquiry around the corporate compliance function. (1) What is the seniority and stature of the compliance function within an organization? (2) What are the experience and stature of the compliance personnel with an organization? (3) What is the funding and resources made available to the compliance function? (4) How much autonomy does the compliance function have to report to the Board of Directors? Three key takeaways: How is compliance treated in the budget process? Has your compliance function had any decisions over-ridden by senior management? Beware outsourcing of compliance as any such contractor must have access to company documents and personnel. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 25, 2020
Day 24 | CCO authority and independence
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The role of the CCO has steadily grown in stature and prestige over the years. In the 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, it focused on the whether the CCO held senior management status and had a direct reporting line to the Board; stating: In appraising a compliance program, DOJ and SEC also consider whether a company has assigned responsibility for the oversight and implementation of a company’s compliance program to one or more specific senior executives within an organization. Those individuals must have appropriate authority within the organization, adequate autonomy from management, and sufficient resources to ensure that the company’s compliance program is implemented effectively. Adequate autonomy generally includes direct access to an organization’s governing authority, such as the board of directors and committees of the board of directors. This Hallmark was significantly expanded in both the 2019 Guidance and the FCPA Corporate Enforcement Policy. And in so doing, the DOJ has increased the prestige, authority and role of both the CCO and corporate compliance function. The 2019 Guidance has four general areas of inquiry around the CCO and corporate compliance function. (1) How does the CCO salary and stature within the organization compare to other senior executives within the company. (2) What are the experience and stature of the CCO with an organization? Does the CCO have appropriate training for the role? (3) How much autonomy does the CCO have to report to the Board of Directors? How often do the CCO meet with directors? Are members of the senior management present for these meetings with the Board of Directors or of the Audit Committee? (4) Is the compliance function run by a designated chief compliance officer, or another executive within the company, and does that person have other roles within the company?   Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 24, 2020
Day 23 | Updates and feedback
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One of the critical elements found in the 2019 Guidance is the need to use the information you obtain, whether through risk assessment, root cause analysis, investigation, hotline report or any other manner to remediate the situation which allowed it to arise. It stated:  Evolving Updates – How often has the company updated its risk assessments and reviewed its compliance policies, procedures, and practices? Has the company undertaken a gap analysis to determine if particular areas of risk are not sufficiently addressed in its policies, controls, or training? What steps has the company taken to determine whether policies/procedures/practices make sense for particular business segments/subsidiaries? Your company should establish a regular monitoring system to spot issues and address them. Effective monitoring means applying a consistent set of protocols, checks, and controls tailored to your company’s risks to detect and remediate compliance problems on an ongoing basis. To address this, your compliance team should be checking in routinely with local finance departments in your foreign offices to ask if they have noticed recent accounting irregularities. Regional directors should be required to keep tabs on potential improper activity in the countries in which they manage. These ongoing efforts demonstrate that your company is serious about compliance.  Three key takeaways: Innovation can come through a new way to think about and use data going forward. Have a plan in place to use the information garnered in your monitoring incorporated back into your compliance program. Always remember that Document Document Document is critical if the regulators come knockin Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 23, 2020
Day 22 | Assessing compliance internal controls
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Control Testing – Has the company reviewed and audited its compliance program in the area relating to the misconduct? More generally, what testing of controls, collection and analysis of compliance data, and interviews of employees and third-parties does the company undertake? How are the results reported and action items tracked?    Fortunately, the Committee of Sponsoring Organizations of the Treadway Commission (COSO) 2013 Internal Controls Framework considers assessing compliance internal controls. In “Internal Controls – Integrated Framework, Illustrative Tools for Assessing Effectiveness of a System of Internal Controls”, COSO laid out its views on assessing the effectiveness of internal controls. It noted that an effective system of internal controls provides “reasonable assurance of achievement of the entity’s objectives, relating to operations, reporting and compliance.” Moreover, there are two over-arching requirements that can only be met through such a structured protocol. First, each of the five components are present and functioning. Second, that the five components operate in an integrated fashion with each other. One of the most critical components of the COSO Framework is that it sets internal control standards against those which you can audit to assess the strength of your compliance internal controls.  Three key takeaways: An effective system of internal controls provides reasonable assurance of achievement of the company’s objectives, relating to operations, reporting and compliance. There are two over-arching requirements for effective internal controls. First, each of the five components are present and function. Second, are the five components operating together in an integrated approach. For an anti-corruption compliance program, you can use the Ten Hallmarks of an Effective Compliance Program as your guide to test against. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 22, 2020
Day 21 | Continuous improvement in a compliance program
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The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) was very clear about the need for continuous improvement in any compliance program. It stated quite succinctly, “One hallmark of an effective compliance program is its capacity to improve and evolve. The actual implementation of controls in practice will necessarily reveal areas of risk and potential adjustment. A company’s business changes over time, as do the environments in which it operates, the nature of its customers, the laws that govern its actions, and the applicable industry standards. Accordingly, prosecutors should consider whether the company has engaged in meaningful efforts to review its compliance program and ensure that it is not stale.”   This was further specified in the DOJ’s 2019 Guidance which listed three types of continuous improvement, each further refined with multiple attendant questions. It also added a new area of inquiry that every compliance practitioner needs to incorporate into their assessment, improvement and management cycles; culture.  Three key takeaways: Your compliance program should be continually evolving. Monitoring and auditing are different, yet complimentary tools for continuous improvement. Culture assessment and monitoring are also now required as well. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 21, 2020
Day 20 | Responding to investigative findings
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There is nothing like an internal whistleblower report about a compliance violation, the finding of such an issue, or (even worse) a subpoena from the DOJ or notice letter from the SEC to trigger the Board of Directors and senior management attention to the compliance function and the company’s compliance program. Such an event can trigger much gnashing of teeth and expressions of outrage followed immediately by proclamations “We are an ethical company.” However, it may well be the time for a very serious reality check. Three key takeaways: A serious FCPA allegation gets the attention of the Board and senior management. Use this time to move the compliance program forward. Be aware of how your investigation can impact and even inform your remediation efforts. Be prepared to deal with the dreaded “where else” question. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 20, 2020
Dave Lefort on 10 Stories CW Will Follow in 2020
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In the Episode, I visit with Dave Lefort, Editor in Chief for Compliance Week. Dave recently wrote “It’s hard to tell whether the age we’re living in is the calm before the storm or if it is the storm. One way or another, we’ll likely get some clarity in the year ahead for CCOs navigating these choppy waters.” I asked him to come on the podcast and discuss his 10 predictions on what will dominate compliance headlines in 2020.   Big Tech in antitrust crosshairs. Is everyone ganging up on big tech? Deregulation. Is it real or is it Memorex?  Recession worries: Impact on ethics and compliance. Will compliance have to do more with less or less with less?  2020 elections. How could it impact the regulatory environment heading into 2021?  Protecting whistleblowers. Will Congress step in where the Supreme Court gutted protection? Will Trump’s public berating of the impeachment whistleblower embolden those accused of wrongdoing to retaliate?  Data privacy equation has changed. How so?  GDPR: Waiting for the big one. Which US company will it be? Regulators will reward good-faith efforts. Is it softening or a refocus? Ethics and Artificial Intelligence: Trouble ahead? Will Skynet become self-aware?  Supply chains, geopolitical risk, and third parties. If this is such a big problem, where are the resources to fix it?  Resources Dave’s article Ten Things We’ll Be Talking About in 2020 Subscribe to Compliance Week here. Use the code, NEWYEAR2020 … for a $365 for a one-year membership. Register for Compliance Week 2020, here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 20, 2020
Day 19 | The investigation protocol
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After the internal report comes in and you have properly triaged the matter, you need to scope out and investigate it, promptly, thoroughly and with competent personnel. Your company should have a detailed written procedure for handling any complaint or allegation of bribery or corruption, regardless of the means through which it is communicated. The mechanism could include the internal company hotline, anonymous tips, or a report directly from the business unit involved. You can make the decision on whether or not to investigate with consultation with other groups such as the Audit Committee of the Board of Directors or the Legal Department. The head of the business unit in which the claim arose may also be notified that an allegation has been made and that the Compliance Department will be handling the matter on a go-forward basis. Through the use of such a detailed written procedure, you can work to ensure there is complete transparency on the rights and obligations of all parties, once an allegation is made. This allows the compliance team to have not only the flexibility but also the responsibility to deal with such matters, from which it can best assess and then decide on how to manage the matter.  Three key takeaways: A written protocol, created before an investigation, is a key starting point. Create specific steps to follow so there will be full transparency and documentation going forward. Consistency in approach is critical. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 19, 2020
Day 18 | Internal reporting and the triaging of claims
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The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into a FCPA issue for your company. As the CCO, it will be up to you to begin the process which will determine, in many instances, how the company will respond going forward. This scenario was driven home by the SEC in a 2015 FCPA enforcement action involving Mead Johnson Nutrition Company. In this enforcement action, the company performed two internal investigations into allegations that its Chinese business unit was engaged in conduct which violated the FCPA. Unfortunately, the first investigation, performed in 2011, did not turn up any evidence of FCPA violations. It was not until 2013, when the SEC made an inquiry to the company that it performed an adequate internal investigation which uncovered FCPA violations. Three key takeaways: The DOJ and SEC put special emphasis on internal reporting lines. Test your hotline on a regular basis to make sure it is working. Have a triage protocol in place before the call comes in so you will be ready to go and not required to scramble to create a protocol. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 18, 2020
Day 17 | Managing your third parties
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The building blocks of any compliance program lay the foundations for a best practices compliance program. For instance, in the life cycle management of third parties, most compliance practitioners understand the need for a business justification, questionnaire, due diligence, evaluation and compliance terms and conditions in contracts. However, as many companies mature in their compliance programs, the issue of third-party management becomes more important. It is also the one where the rubber meets the road of operationalizing compliance. It is also an area the DOJ specifically articulated in the 2019 Evaluation that companies need to consider.  The key is to have a strategic approach to how you structure and manage your third-party relationships. This may mean more closely partnering with your third parties to help manage the anti-corruption compliance risk. It would certainly lead towards enabling your company to control risk while optimizing the performance of your third parties. Three key takeaways: Have a strategic approach to third-party risk management. Rank third parties based upon a variety of factors including compliance and business performance, length of relationship, benchmarking metrics and KPIs for ongoing monitoring and auditing. Managing the relationship is where the real work begins.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 17, 2020
Day 16 | The third-party risk management process
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As every compliance practitioner is well aware, third parties still present the highest risk under the FCPA. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) devotes an entire prong to third-party management. It begins with the following: A well-designed compliance program should apply risk-based due diligence to its third-party relationships. Although the degree of appropriate due diligence may vary based on the size and nature of the company or transaction, prosecutors should assess the extent to which the company has an understanding of the qualifications and associations of third-party partners, including the agents, consultants, and distributors that are commonly used to conceal misconduct, such as the payment of bribes to foreign officials in international business transactions.   This clearly specifies that the DOJ expects an integrated approach that is operationalized throughout the company. This means you must have a process for the full life cycle of third-party risk management. There are five steps in the life cycle of third-party risk management, which will fulfill the DOJ requirements as laid out in the 2012 FCPA Guidance and in the Ten Hallmarks of an Effective Compliance Program. They five steps in the lifecycle of third-party management are:  Business Justification; Questionnaire to Third-party; Due Diligence on Third-party; Compliance Terms and Conditions, including payment terms; and Management and Oversight of Third Parties After Contract Signing.   Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 16, 2020
Day 15 | How do you evaluate a risk assessment?
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After you complete your risk assessment, you must then translate it into a risk profile. If your estimate of where your bribery risk is greatest is wrong, it will be an effort to address it. As Ben Locwin explained in his  BioProcess International article, entitled “Quality Risk Assessment and Management Strategies for Biopharmaceutical Companies”:  Once we have assessed risks and determined a process that includes options to resolve and manage those risks whenever appropriate, then we can decide the level of resources with which to prioritize them. There always will be latent risks: those that we understand are there but that we cannot chase forever. But we need to make sure we have classified them correctly. With a good understanding of each of these, we are in a better position to speak about the quality of our businesses. A way to evaluate risks as determined by the company’s risk assessment is through a risk matrix. Once risks are identified, they are then rated according to their significance and likelihood of occurring, and then plotted on a heat map to determine their priority. The most significant risks with the greatest likelihood of occurring are deemed the priority risks, which become the focus of your remedial efforts or for continuous auditing. A variety of solutions and tools can be used to manage these risks going forward, but the key step is to evaluate and rate these risks. All your actions should flow from the risk ranking. Three key takeaways: Even after you complete your risk assessment, you must evaluate those risks for your company. The DOJ and SEC are looking for a well-reasoned approach on how you evaluate your risk. Create a risk matrix and rank your risks; then remediate and monitor as appropriate. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 15, 2020
Day 14 | Risk Assessments
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One cannot really say enough about risk assessments in the context of anti-corruption programs. This is because every corporate compliance program should be based upon a risk assessment, to understand your organization’s business from the commercial perspective, how your organization has identified, assessed, and defined its risk profile and, finally, the degree to which the program devotes appropriate scrutiny and resources to this range of risks.    As far back as 1999, in the Metcalf & Eddy enforcement action, the DOJ has said that risk assessments that measure the likelihood and severity of possible FCPA violations should direct your resources to manage these risks. The 2012 FCPA Guidance stated it succinctly when it said, “Assessment of risk is fundamental to developing a strong compliance program and is another factor DOJ and SEC evaluate when assessing a company’s compliance program.” This language was supplemented in the 2017 FCPA Corporate Enforcement Policy, which stated, “The effectiveness of the company’s risk assessment and the manner in which the company’s compliance program has been tailored based on that risk assessment.” A risk assessment determines the areas at greatest risk for FCPA violations among all types of international business transactions and operations, the business culture of each country in which these activities occur, and the integrity and reputation of third parties engaged on behalf of the company. The reason is straightforward; one cannot define, plan for, or design an effective compliance program to prevent bribery and corruption unless you can measure the risks you face.  Three key takeaways: Since at least 1999, the DOJ has pointed to the risk assessment as the start of an effective compliance program. The DOJ will now consider both your risk assessment methodology for identifying risks and gathered evidence. You should base your compliance program on your risk assessment. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 14, 2020
Day 13 |Institutional Justice and The Fair Process Doctrine
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Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it will engender a level of trust that can work to not simply motivate employees but lead to a more successful workplace and, at the end of the day, a more profitable company. This encompasses the entire lifecycle of the employment relationship, from hiring through separation. It works in areas as seeming disparate as compensation and incentives, discipline, promotion and internal reporting.  Three key takeaways: The DOJ and SEC have long called for appropriate and consistent application of both incentives and discipline. The Fair Process Doctrinewill help set institutional justice as the norm in your organization. Inconsistent application of discipline will destroy your compliance program credibility. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 13, 2020
André H. Paris on the Brazilian Compliance Scene
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In the Episode, I visit with André H. Paris, a Brazilian Compliance Consultant and Lawyer. He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Paris has experience in Corporate Risk Analysis and Management, as well as in Protecting Corporate Reputation and Crisis Management. He is also quite enthusiastic on building a more ethical and transparent business environment. Paris is the author of the recently released book Compliance - Ethics and Transparency as the Way Forward. I met Paris at a compliance conference in Brazil last year. I am always interested in the views on compliance from practitioners outside the US, most particularly those who have written on the subject. He came on to the podcast to discuss his book and the current compliance scene in Brazil. Due to the numerous corruption scandals, many Brazilian companies have experienced an extreme reputation crisis. Companies have suffered substantial reputational bumps, including loss of market value, frequent presence on police pages, destroyed careers and thousands of jobs down the drain, as well as a profound brand disruption. Paris believes that many of these risks should never have been taken, seeking results at any cost. One of the challenges is helping the market to understand the need and value of compliance. Additionally, many companies are trying to catch by creating internal structures focused on this compliance. Compliance needs to be further studied and deepened. Paris believes there is the need for constant updating. While the book deals with the main themes of corporate compliance, Paris both in the podcast and in his book does not shy away from expressing his opinions on topics that are often considered controversial. Resources To purchase a copy of Compliance - Ethics and Transparency as the Way Forward (in Portuguese) click here André Paris LinkedIn Profile Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 13, 2020
Day 12 | Financial Incentives for Compliance
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One of the areas that many companies have not paid as much attention to in their compliance programs is compensation. However, the DOJ and SEC have long made clear that they view monetary structure for compensation, rewarding those employees who do business in compliance with their employer’s compliance program, as one of the ways to reinforce the compliance program and the message of compliance. As far back as 2004, then SEC Director of Enforcement Stephen M. Cutler noted that integrity, ethics and compliance needed to be part of promotion, compensation and evaluation processes: “At the end of the day, the most effective way to communicate that “doing the right thing” is a priority, is to reward it.”  The 2012 FCPA Guidance stated the “DOJ and SEC recognize that positive incentives can also drive compliant behavior. These incentives can take many forms such as personnel evaluations and promotions, rewards for improving and developing a company’s compliance program, and rewards for ethics and compliance leadership.” This same concept around compensation and incentives was brought forward in the 2019 Guidance - Incentives and Disciplinary Measures, which read: Incentive System – Has the company considered the implications of its incentives and rewards on compliance? How does the company incentivize compliance and ethical behavior? Have there been specific examples of actions taken (e.g., promotions or awards denied) as a result of compliance and ethics considerations? Who determines the compensation, including bonuses, as well as discipline and promotion of compliance personnel? The first question posed in the 2019 Guidance requires you to start with the basic question of what does your employee compensation consist of? Is it a straight salary? Is it variable? If so, what does the variable component consist of? Is it a discretionary bonus based upon the overall success of the entire business enterprise or some small subset such as a business unit or geographic region? Is it solely personal? Or is it some combination of all of the above? Three key takeaways: The DOJ and SEC have long advocated compensation as a way to motivate employees into ethical and compliant behaviors Keep the compliance aspects of your compensation structure simple and easy for your employees to understand Have full transparency in the framework of your compensation structure Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 12, 2020
Day 11 | What is Effective Compliance Training?
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One of the key goals of any compliance program is to train employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of compliance. While it seems axiomatic that compliance training is a mainstay of any best practices compliance program, the conversation around training has evolved over the years. The 2012 FCPA Guidance started the conversation. Beginning in the fall of 2016, through the announcement of the FCPA Enforcement Pilot Program, the DOJ began to talk about whether you have determined the effectiveness of your training. This conversation continued with the 2017 Evaluation where it asked, “How has the company measured the effectiveness of the training?” This point has bedeviled many compliance professionals yet is now a key metric for the government in evaluating compliance training. It evolved further in the 2019 Guidance with the mandate that training must be “truly effective”. Finally, the training must be presented in a language in which the employees understand, which means in a local language, if the training is outside the US or other non-English-speaking countries. Also raised in the 2017 Evaluation was the focus of your training programs, where the DOJ inquired into whether your training was “tailored” for the audience. This added two requirements. The first was to assess your employees for risk to determine the type of training you might need to deliver by risk ranking your employees. Obviously, the sales force would be the highest risk but there may be others who are deserving of high-risk training as well. From this risk ranking, you were required to develop tailored training for the risks those employees will face. The 2019 Guidance spells this out in greater detail. Not only in the design but who receives it, all coupled with backend determination of effectiveness. Finally, all of this must be documented. Three key takeaways: How and why have you tailored your compliance training? The DOJ has mandated demonstrating the effectiveness of compliance training How is your training presented: both in languages and media? Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 11, 2020
Day 10 | The use of social media in compliance
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What is the message of compliance inside of a corporation and how it is distributed? In a compliance program, the largest portion of your consumers/customers are your employees. Social media presents some excellent mechanisms to communicate the message of compliance going forward. Many of the applications that we use in our personal communications are free or available at very low cost. Why not take advantage of them and use those same communication tools in your internal compliance marketing efforts going forward?  Why should you do so? Start with the tech-savvy nature of the today’s workforce. It is not simply about having a younger workforce but a workforce whose primary tool for communication is social media. If your company is in the services business, it probably means your employee base is using technological tools to deliver business solutions. Finally, consider the data-driven nature of business today so using technological tools to deliver products and solutions is something your company most probably does now. Finally, never forget the social part of social media. Social media is a more holistic, multiple-sided communication. Not only are you setting out expectations but also these tools allow you to receive back communications from your employees. The D&B experience around the name change for its Code of Conduct is but one example. You can also see that if you have several concerns expressed it could alert you earlier to begin some detection and move towards prevention in your compliance program. Three key takeaways: Incorporation of social media into your compliance communications can pay big dividends. Focus on the ‘social’ part of social media. Use internal corporate social media to facilitate a 360-degree conversation. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 10, 2020
Day 9 | 360 degrees of compliance communications
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A 360-degree view of compliance is an effort to incorporate your compliance identity into a holistic approach so that compliance is in touch with and visible to your employees at all times. It is about creating a distinctive brand philosophy of compliance which is centered on your consumers. In other words, it helps a compliance practitioner to anticipate all the aspects of your employees needs around compliance. This is especially true when compliance is either perceived as something that comes out of the home office or is perceived as the “Land of No.” A 360-degree view of compliance gives you the opportunity to build a new brand image for your compliance program. This is important as the Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) mandates that for a compliance program to be effective, it must be understood by a wide variety of stakeholders.  Communications is often thought of as a two-way street - upward and downward, inbound and outbound, or side-to-side. However, it is better to think of it as a 360-degree effort. You simply can no longer effectively communicate in just two ways. You now communicate in a more holistic manner, and in multiple ways. If you are just thinking about communications in the classic form, you are missing something that is happening around you. 360-degrees of compliance communication is not just a classic form of communication but rather it is a communication in the concept of every interaction, whether they be planned or accidental interactions. It is all a form of communication. This is particularly true if you are a compliance professional, practitioner or Chief Compliance Officer. The things you do, the way you act, and the way people see you, you are always communicating. It is not simply communicating one to one as often you may be communicating to a group across siloed boundaries, to the constituencies you had not even planned to communicate with initially. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 09, 2020
Day 8 | Internal controls and compliance
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What specifically are internal controls in a compliance program? The starting point is the FCPA itself, which requires issuers to devise and maintain a system of internal controls that can reasonably assure: Transactions are executed in accordance with management’s general or specific authorization; Transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and (II) to maintain accountability for assets; Access to assets is permitted only in accordance with management’s general or specific authorization; and The recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The DOJ and SEC, in the 2012 FCPA Guidance, stated: Internal controls over financial reporting are the processes used by compa­nies to provide reasonable assurances regarding the reliabil­ity of financial reporting and the preparation of financial statements. They include various components, such as: a control environment that covers the tone set by the organi­zation regarding integrity and ethics; risk assessments; con­trol activities that cover policies and procedures designed to ensure that management directives are carried out (e.g., approvals, authorizations, reconciliations, and segregation of duties); information and communication; and monitoring. … The design of a company’s internal controls must take into account the operational realities and risks attendant to the company’s business, such as: the nature of its products or services; how the products or services get to market; the nature of its work force; the degree of regulation; the extent of its government interaction; and the degree to which it has operations in countries with a high risk of corruption. Three key takeaways: Effective internal controls are required under the FCPA. Internal controls are a critical part of any best practices compliance program. There are four significant controls for the compliance practitioner to implement initially. (a) Delegation of authority (DOA); (b) Maintenance of the vendor master file; (c) Contracts with third parties; and (d) Movement of cash/currency. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 08, 2020
Day 7 | Policies and Procedures
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There are numerous reasons to put some serious work into your compliance policies and procedures. They are certainly a first line of defense when the government comes knocking. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) made clear that “Any well-designed compliance program entails policies and procedures that give both content and effect to ethical norms and that address and aim to reduce risks identified by the company as part of its risk assessment process.” This statement made clear that the regulators will take a strong view against a company that does not have well thought out and articulated policies and procedures against bribery and corruption; all of which are systematically reviewed and updated. Moreover, having policies written out and signed by employees provides what some consider the most vital layer of communication and acts as an internal control. Together with a signed acknowledgement, these documents can serve as evidentiary support if a future issue arises. In other words, the “Document, Document, and Document” mantra applies just as strongly to policies and proceures in anti-corruption compliance. The specific written policies and procedures required for a best practices compliance program are well known and long established. According to the 2012 FCPA Guidance, some of the risks companies should keep in mind include the nature and extent of transactions with foreign governments (including payments to foreign officials); use of third parties; gifts, travel, and entertainment expenses; charitable and political donations; and facilitating and expediting payments. Policies help form the basis of expectations for standards of conduct in your company. Procedures are the documents that implement these standards of conduct. Compliance policies do not guarantee employees will always make the right decision. However, the effective implementation and enforcement of compliance policies demonstrate to the government that a company is operating professionally and ethically for the benefit of its stakeholders, its employees and the community it serves. Three key takeaways: Written compliance policies and procedures, together the Code of Conduct, with form the backbone of your compliance program. The DOJ and SEC expect a well-thought out and articulated set of compliance policies and procedures and that they be adequately communicated throughout your organization. Institutional fairness for the application of policies and procedures demands consistent application across the globe. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 07, 2020
Day 6 | The Code of Conduct
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What is the value of having a Code of Conduct? In its early days, a Code of Conduct tended to be lawyer-written and lawyer-driven to wave in regulator’s face during an enforcement action as proof of ethical overall behavior. Is such a legalistic code effective? Is a Code of Conduct more than simply your company’s internal law? What should be the goal in the creation of your company’s Code of Conduct?  How important is the Code of Conduct? Consider the 2016 SEC enforcement action involving United Airlines, Inc., which turned on violation of the company’s Code of Conduct. The breach of the Code of Conduct was determined to be a FCPA internal controls violation. It involved a clear quid pro quo benefit paid out by United to David Samson, the former Chairman of the Board of Directors of the Port Authority of New York and New Jersey, the public government entity which has authority over, among other things, United’s operations at the company’s huge east coast hub at Newark, NJ. The actions of United’s former CEO, Jeff Smisek, in personally approving the benefit granted to favor Samson violated the company’s internal controls around gifts to government officials by failing to not only follow the United Code of Conduct but also violating it. The $2.4 million civil penalty levied on United was in addition to its 2016 Non-Prosecution Agreement (NPA) settlement with the DOJ, which resulted in a penalty of $2.25 million. The scandal also cost the resignation of Smisek and two high-level executives from United. In the 2012 FCPA Guidance, the DOJ and SEC states: A company’s Code of Conduct is often the foundation upon which an effective compliance program is built. As DOJ has repeatedly noted the most effective codes are clear, concise, and accessible to all employees and to those conducting business on the company’s behalf. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) further specified “As a threshold matter, prosecutors should examine whether the company has a code of conduct that sets forth, among other things, the company’s commitment to full compliance with relevant Federal laws that is accessible and applicable to all company employees.” The Department of Justice (DOJ) Antitrust Division, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Guidance) also specified “If the company has a Code of Conduct, are antitrust policies and principles included in the document?” Three key takeaways: Every formulation of a best practices compliance program starts with a written Code of Conduct. The substance of your Code of Conduct should be tailored to the company’s culture, and to its industry and corporate identity. “Document, Document, and Document” your training and communication efforts. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 06, 2020
Fry Wernick on the Hoskins Jury Instructions
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In the Episode, I visit with Ephraim (Fry) Wernick. He is a partner in the Government Investigations and White-Collar Practice Group at Vinson & Elkins LLP in Washington, DC. Mr. Wernick joined V&E in June 2019 after serving 11 years as a federal prosecutor, including most recently as Assistant Chief of the U.S. Department of Justice, Criminal Division’s Fraud Section, where he supervised dozens of FCPA cases, including four of the largest-ever corporate criminal resolutions. Mr. Wernick now represents public and private companies and individuals in connection with government and internal investigations. Mr. Wernick is a graduate of Brown University and the University of Texas School of Law. In this podcast we take a deep dive into the jury instructions in the recent Hoskins FCPA trial. Some of the highlights include: What was the procedural history of the Hoskins case leading up to trial? The court’s agency instruction required the government to establish three elements: (1) “a manifestation by the principal that the agent will act for it”; (2) “acceptance by the agent of the undertaking”; and (3) “an understanding between the agent and the principal that the principal will be in control of the undertaking.” The court further instructed that “[t]he undertaking consists of the acts or services which the agent performs on behalf of the principal.” Hoskins’ arguments focus primarily on the element of control. Did the DOJ satisfy this element? At trial, the DOJ presented evidence that although Hoskins worked for the French parent, for the purposes of his actions around bribery and corruption, he was the agent of the US subsidiary. What was some of evidence presented at trial to show agency? Will it be enough to satisfy the Second Circuit definition in the inevitable appeal? At the ACI National Conference, Assistant Attorney General Brian Benczkowski said that the DOJ would analyze each case individually to determine if there was such an agency relationship present. What will the DOJ likely take into account? Might there be further clarification from the trial court or Second Circuit? Does the DOJ trial win against Hoskins open up wider individual prosecutions under the FCPA for foreign employees of foreign subsidiaries who may never set foot in the US? Resources Vinson and Elkins’ firm page on Fry Wernick Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 06, 2020
Day 5 | The Board and operationalizing compliance
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In addition to a company’s senior management, there is a Board of Directors at the top. Yet the role of the Board is different than that of senior management. For the Board of Director, the Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) stated: Oversight – What compliance expertise has been available on the board of directors? Have the board of directors and/or external auditors held executive or private sessions with the compliance and control functions? What types of information have the board of directors and senior management examined in their exercise of oversight in the area in which the misconduct occurred?  The DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Compliance Program Guidance) was even more explicit in announcing  their expectation for robust Board oversight of a corporate compliance function. The Antitrust Compliance Program Guidance stated “For the antitrust compliance program to be effective, those with operational responsibility for the program must have sufficient autonomy, authority, and seniority within the company’s governance structure, as well as adequate resources for training, monitoring, auditing and periodic evaluation of the program. The Antitrust Compliance Program Guidance then went on to ask the following questions: Who has overall responsibility for the antitrust compliance program? Is there a chief compliance officer or executive within the company responsible for antitrust compliance? If so, to whom does the individual report, e.g., the Board of Directors, audit committee, or other governing body? How often does the compliance officer or executive meet with the Board, audit committee, or other governing body? How does the company ensure the independence of its compliance personnel?   Three key takeaways: The DOJ Evaluation requires active Board of Director engagement and oversight around compliance. Board communication on compliance is a two-way street; both inbound and outbound. Does the Board of Directors have a Compliance Expert? Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 05, 2020
Day 4 | Moving compliance tone down through an organization
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Mike Volkov, in a blog post entitled “Mood in the Middle Versus Tone at the Top”, said, “Even when a company does all the right things at the senior management level, the real issue is whether or not that culture has embedded itself in middle and lower management. A company’s culture is reflected in the values and beliefs that exist throughout the company.” To fully operationalize your compliance program, you must articulate the message of ethical values and doing business in compliance and then drive that message from the top down, throughout your organization. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) made clear a company must have more than simply good ‘Tone-at-the-Top’; it must move down through the organization from senior management to middle management and into its lower ranks. This means that one task is to get middle management to respect the stated ethics and values of a company, because if they do so, this will be communicated down through the organization. The 2019 Guidance stated: Shared Commitment – What actions have senior leaders and middle-management stakeholders (e.g., business and operational managers, finance, procurement, legal, human resources) taken to demonstrate their commitment to compliance or compliance personnel, including their remediation efforts? Have they persisted in that commitment in the face of competing interests or business objectives? This requirement speaks to the greater role of non-compliance functions in fully operationalized compliance program. Indeed, one sign of a mature compliance and ethics program is the extent to which a company’s other corporate disciplines are involved in implementing and then taking forward a compliance solution. This approach can act as a lynch pin in spreading a company’s commitment to compliance throughout the employee base. It can also be used to ‘connect the dots’ in many divergent elements of a corporate compliance and ethics program. Three key takeaways: Tone at the top - direct supervisors become the most important influence on people in the company. Give your middle managers a Tool Kit around compliance so they can fully operationalize compliance. Organizational justice is an additional way to help operationalize compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 04, 2020
Day 3 | Leadership’s conduct at the top
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Obviously, in every compliance program, the ethical tone of a company and accountability all starts at the top and most specifically senior management. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) stated, “The company’s top leaders – the board of directors and executives – set the tone for the rest of the company. Prosecutors should examine the extent to which senior management have clearly articulated the company’s ethical standards, conveyed and disseminated them in clear and unambiguous terms, and demonstrated rigorous adherence by example. Prosecutors should also examine how middle management, in turn, have reinforced those standards and encouraged employees to abide by them.” To assist companies in understanding this requirement the 2019 Guidance sets out the following inquiries. Conduct at the Top – How have senior leaders, through their words and actions, encouraged or discouraged compliance, including the type of misconduct involved in the investigation? What concrete actions have they taken to demonstrate leadership in the company’s compliance and remediation efforts? How have they modelled proper behavior to subordinates? Have managers tolerated greater compliance risks in pursuit of new business or greater revenues? Have managers encouraged employees to act unethically to achieve a business objective, or impeded compliance personnel from effectively implementing their duties? This requirement is more than simply the ubiquitous “tone-at-the-top,” as it focuses on the conduct of senior management. The DOJ wants to see a company’s senior leadership actually doing compliance. The DOJ asks if company leadership has, through their words and concrete actions, brought the right message of doing business ethically and in compliance to the organization. How does senior management model its behavior on a company’s values and finally, how is such conduct monitored in an organization? Three key takeaways: Senior management must actually do compliance; walk-the-walk, not simply talk-the-talk. Use your CEO to talk about current events and how those ethical failures are lessons to be learned for your organization. CEO as Compliance Ambassador. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 03, 2020
Day 2 | Measuring your risk
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Operationalizing your compliance program can take many shapes and forms. Using the entire risk management process to embed your compliance program within the contours of your organization is an important key step that will allow you to have full visibility of your compliance risks through a longer life cycle. Forecasting allows you to consider your business strategy and wed the risks you can foresee. Risk assessments allow you to evaluate and measure known risks. Risk-based monitoring allows you to monitor both the compliance risks you know about and detect those you do not know, on an ongoing basis. Three key takeaways: The risk management process is an important backbone of operationalizing compliance. You should be able monitor and measure both known and unknown risks. All of these steps help a business to run more efficiently and more profitably. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 02, 2020
Day 1 | What 2019 Brought to Compliance Programs
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2019 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest amount of FCPA enforcement actions, fines and penalties assessed against corporations but it also saw the greatest number of individual prosecutions. Yet perhaps most significantly there were three noteworthy releases of information by the federal government which directly impacted compliance professionals in 2019. Two came from the Department of Justice (DOJ) and one came from the Department of Treasury, Office of Foreign Asset Control (OFAC). These three guidances contributed to the continued evolution of what constitutes a best practices compliance program. Three key takeaways: The 2019 Compliance Guidance asks three key questions of every corporate compliance program and adds a mandate for culture assessment, management and improvement. The OFAC Framework mandates due diligence on not only third parties in the sales cycle but also vendors in the Supply Chain and customers as well. The Antitrust Division Compliance Evaluation adds a requirement for data analytics and statistical analysis in monitoring and continuous improvement. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 01, 2020
Karen Woody on the SEC year in FCPA Enforcement
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In the Episode, I visit with Karen Woody, Assistant Professor of Law at Washington and Lee. Karen was in private practice for many years before going into Academia. She specializes in the SEC and issues around the Commission. Some of the highlights include: Karen moved this year from the Indiana University-Kelly School of Business to the Law School at Washington and Lee. We discuss some of the differences in teaching at a law school as opposed to a business school. Karen assesses the SEC’s overall year in FCPA Enforcement. Karen highlights some of the key SEC FCPA enforcement actions over the past year. She provides insights into the upcoming Supreme Court consideration of Lui and Wang attack on profit disgorgement. We consider SEC Chairman Clayton’s backing off on his attempt to cut whistleblower awards. Why did it fail? Woody highlights some of the SEC enforcement areas she is paying the most attention to going forward. We conclude with a look into the veiled land of the future and what Woody expects to see from the SEC in 2020. Resources Scholarly papers from Karen Woody, click here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 30, 2019
James Koukios on the MoFo October International Anti-Corruption Newsletter
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In the Episode, I visit with James Koukios, a partner at Morrison and Foerster in Washington DC. Koukios is a former prosecutor from the Department of Justice who worked in the FCPA Unit. He is back to discuss the firm’s monthly newsletter the Top 10 International Anti-Corruption Developments for October 2019. Some of the highlights include: ·       The DOJ Issues Guidance on Corporate Inability-to-Pay Claims. We consider is this something new or codification of prior practices? ·       The Unaoil guilty pleas. Are they huge, even bigger than Panalpina? ·       The EU whistleblower initiative. Is this a sea change or something else? What might it mean for anticorruption enforcement? ·      OECD Expresses Concern over Brazil’s Foreign Bribery Enforcement. Has there been a change in Brazil enforcement or is this simply a part of the natural ebb and flow of enforcement actions? ·      Are things really going to heat up in Mexico in terms of investigations involving Pemex? Should US companies which have done business in Mexico be scrubbing their operations?   Resources To see the firm’s Top 10 International Anti-Corruption Developments for October 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 23, 2019
James Koukios on the MoFo September International Anti-Corruption Newsletter
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In the Episode, I visit with James Koukios, a partner at Morrison and Foerster in Washington DC. Koukios is a former prosecutor from the Department of Justice who worked in the FCPA Unit. He is back to discuss the firm’s monthly newsletter the Top 10 International Anti-Corruption Developments for September 2019. In this podcast we discuss: What are you key takeaways from the 3 fiscal year ending FCPA enforcement actions from the SEC? Restitution is becoming for a bigger topic in FCPA settlements. What is restitution in the FCPA context? Why the different rulings in Och-Ziff and PetroEcuador? Should companies start to consider this in settlement negotiations? SEC Chair Laments Perceived Lack of International Anti-Corruption Enforcement Efforts-What is (or was) going on? Mexico-are things really going to heat up in terms of investigations involving Pemex. Should US companies which have done business in Mexico be scrubbing their operations? To see the firm’s Top 10 International Anti-Corruption Developments for September 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 16, 2019
Stacie Hartman on Whistleblowers, the CFTC and the FCPA
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In this episode I visit with Stacie Hartman, co-chair of the Financial Services Group at Steptoe & Johnson LLP. She offers insight in how this new appeal to whistleblowers could impact the type or volume of enforcement cases within the CFTC. Stacie leads major cases in courts around the country and in enforcement proceedings before the Commodity Futures Trading Commission (CFTC), Securities and Exchange Commission (SEC), and financial exchanges, as well as in investigations by the US Department of Justice (DOJ). She has a strong track record of helping her clients avoid prosecution completely or obtain settlements at record-low penalties.  In July, the House passed the Whistleblower Protection Reform Act of 2019, which passed by a vote of 410-12. Last month the Senate introduced the Whistleblower Programs Improvement Act. In this podcast we consider what these pieces of legislation might mean for the corporate compliance practitioner. Some of the highlights include: We consider if these pieces of legislation are in response to the Supreme Court decision in Digital Realty Trust? If so, how do they remedy the Court’s decision? Are there be ancillary issues involved? Do they expand the definition of whistleblower? What do they do for the timeframes for decisions on whistleblower awards at the SEC and CFTC? Listeners are familiar with whistleblower process to the SEC. Have there been What if any are the differences in the process program run by to the CFTC?  Resources Stacie Hartman firm profile Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 09, 2019
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 5: Developments from Brazil with Salim Saud
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Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 5, I visit with Salim Saud, Partner at Saud Advogados, in cooperation with Hughes, Hubbard & Reed LLP, on developments in anti-bribery enforcement from Brazil from over the past year. Some of the highlights include: What is the key role the CGU has taken over the past year? How is the CGU currently assessing compliance programs? What were some of the setbacks in Brazil over the year? How can a company obtain a Leniency Agreement? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 04, 2019
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 2: Year in FCPA with Laura Perkins
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Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 2, I visit with Laura Perkins, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: What were some of the key developments from the Department of Justice over the past year in the FCPA? What were some of the enforcement actions from the Department of Justice over the past year in the FCPA? What were some of the policy announcements from the Department of Justice over the past year in the FCPA? What were some of the DOJ tips on best practices in compliance were to be found in FCPA enforcement actions over the past year? Why are the guidance documents from the DOJ so useful to the compliance professional? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 04, 2019
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 3: Anti-Bribery Enforcement in France with Bryan Sillaman
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Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 3, I visit with Bryan Sillaman, Managing Partner of the firm’s Paris office, on developments in France regarding anti-bribery enforcement over the past year. Some of the highlights include: What were the anti-bribery prosecutions under Sapin II? What were the first decisions by the AFA on compliance programs? What were changes in whistleblower protection over the past year in France? Why are the developments of a DPA equivalent so significant in France? What the requirement for entering into a settlement agreement in France? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 04, 2019
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 4: Developments from Multilateral Development Banks with Michael DeBernardis
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Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 4, I visit with Michael DeBernardis, on developments from Multilateral Development Banks in the fight against bribery and corruption over the past year. Some of the highlights include: What is the role of Multilateral Development Banks in the fight against bribery and corruption? What were the key enforcement actions reported by the World Bank? What were changes in whistleblower protection over the past year in France? Why are these developments so significant? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 04, 2019
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 1: Overview with Kevin Abikoff
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Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 1, I visit with Kevin Abikoff, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: Ø  When did the Alert come into existence? Ø  How has it changed over time? Ø  Why does each edition begin with lyrics from a recording artist we lost over the past? Ø  What is the significance of this year’s tribute to Steve Cash and If You Want to Get to Heaven? Ø  Why is this year-end alert different than other law firm publications of a similar nature? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 04, 2019
Executives at Risk Report Summer/Fall 2019
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In this episode I visit with Lauren Briggerman, Member at Miller & Chevalier and Katherine Pappas, Counsel at Miller & Chevalier about the firm’s most recent edition of the publication Executives at Risk, the Summer/Fall 2019 edition. Some of the highlights include:  What is the publication “Executives at Risk”? What were some of the noteworthy Investigations covered in the report? a. Pharma Executives Charged in Second Criminal Case Involving Improper Opioid Sales. b. Are more executives in danger from the ongoing opioid trials and enforcement actions? What are some of the Cartel issues covered in the report? a. Two Foreign Shipping Executives Charged in Ongoing Ocean Cargo Shipping Cartel Scheme. b.Why do executives need to be concerned with this Administration’s trade sanction policy? There was one significant criminal trade secret case as a former Uber executive was charged with Trade Secrets Theft from Google. These matters are usually civil matters. Why is this case a criminal matter? We consider the extradition matter involving a Société Générale banker living in France deemed a fugitive by U.S. Judge. What does this mean for non-US executives? We visit about the policy developments from the DOJ-the Evaluation of Corporate Compliance Programs. I ask, what is its significant for Executives? Resource Executives at Risk-Summer/Fall 2019 Edition Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Mikhail Gordon on Aspects of Monitorships: Part 5, Evolution of Situations Requiring Monitors
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In this special five-part podcast series, I have been joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. We have discussed various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships. and the continuing evolution in monitorships. Today, in this concluding Part 5, we consider the continuing evolution in monitorships. Some of the highlights include: ·       There is growth in monitoring entities that have violated data privacy laws, either because they have suffered a data breach, or have misused data they control. ·       Can you elaborate on data privacy and monitoring? ·       Can you tell us how monitorships fall into different categories based on the type of remediation effort the monitorship is meant to achieve?  ·       How should companies prepare for a monitorship? ·       Does AMI take on pro-active monitorships?    Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Mikhail Gordon on Aspects of Monitorships: Part 4, Cultural Differences in Int'l and Domestic US Monitorships
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In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In Part 4, we consider the cultural differences between international and US domestic monitorships. Highlights include: ·       How do cultural differences and legal process affect the structures a monitorship of an entity or individuals? ·       Differences between US and other countries related to dealing with Corporations and Individuals? ·       Why are cultural considerations important for a monitor working with multi-nationals? ·       How does working with foreign regulators impact the consideration for a monitor? Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Mikhail Gordon on Aspects of Monitorships: Part 3, International Teaching
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In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In this Part 3, we consider how Gordon’s teaching compliance and investigations at the International Anti-Corruption Academy inform her view of wide-ranging cultural differences in monitorships. Highlights include: ·       What is the International Anti-Corruption Academy? ·       Who attends?   Cultural Differences must be an interesting aspect of the Academy. ·       What do you do at the Academy? ·       How do the cultural differences come into consideration when teaching compliance at the Academy? ·       Is the subject of data/technology having an impact in building and operating entity-wide compliance programs? Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Mikhail Gordon on Aspects of Monitorships: Part 2, ABA Guidelines on Monitors
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In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In episode 2, we discuss the ABA Guidelines on Monitors. Highlights include: ·       Mikhail’s involvement with ABA ·       The ABA, via its Criminal Justice Section, issued Standards for Monitors.  What are they and why are they important? ·       Use of Monitors by more than DOJ ·       The ABA Standards extend into civil and criminal proceedings. ·       Monitors are known by a variety of names including external compliance officers, ombudsmen, Independent Private Sector Inspectors General (IPSIGs), etc Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Mikhail Gordon on Aspects of Monitorships: Part 1, Why Independence in a Monitor Matters
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In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. Today, in Part 1, we consider why independence in monitors is so critical. Highlights include: ·       Regulator Considerations ·       Former Collogues:  Appearance of Conflict ·       Informal Sympathies ·       The value of an independent to a company that needs a monitor Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 02, 2019
Update on Varsity Blues
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In this episode I visit with Benjamin Britz, a partner at Hughes Hubbard & Reed. We review the current state of the Varsity Blues prosecutions, including the guilty pleas and those still maintaining their innocence. We consider the evidence presented and where the case may be heading. Britz advises clients on all aspects of corporate governance including government investigations, shareholder class action and derivative litigation, and corporate compliance matters. He has represented clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, UK Serious Fraud Office and the enforcement offices of the World Bank, Asian Development Bank and African Development Bank, among others. His practice particularly focuses on anti-corruption compliance, securities enforcement, and accounting and procurement fraud matters. He has performed internal investigations and due diligence exercises around the globe and across an array of different industries. Some of the highlights include: What is the current state of prosecutions? What evidence has been presented? Might there be ancillary issues involved? What will be the fallout for the cooperating witnesses? Is money laundering a viable prosecution strategy? Will the IRS become involved? Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 18, 2019
Episode 452, Mike Volkov on the Hoskins Jury Verdict
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In this episode I visit with Mike Volkov about the Hoskins verdict, which was announced on Friday, November 8. In it Lawrence Hoskins was found guilty on six counts of violating the FCPA, three counts of money laundering, and two counts of conspiracy. Hoskins was acquitted on one money laundering count. We explore this case from the trial perspective. Some of the highlights include: ·        What was the significance of the verdict? ·        What evidence did the prosecutors have to put forward to prove agency? ·        How do prosecutors think through jury presentations? ·        Did the fact that Hoskins basic defense was that he was in charge of a criminal conspiracy and not an agent play poorly in front of the jury ? ·        What might all this mean for FCPA prosecutions going forward? How about internal investigations? ·        What does this case say about being the first to cooperate? ·        What signal does this case say about DOJ prosecution of individuals under the FCPA? Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 11, 2019
Pamela Fierst-Walsh on the Kimberley Process
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In this episode I visit with Pamela Fierst-Walsh, who works at the US State Department as the Senior Advisor on Conflict & Critical Minerals and U.S. Representative to the Kimberley Process. Every compliance professional needs to understand not only responsible sourcing but the Kimberley Process and how it relates to anti-corruption compliance. Some of the highlights include: What is Pamela’s role as the Senior Advisor on Conflict & Critical Minerals and U.S. Representative to the Kimberley Process. What is the Kimberly Process? Who developed it? How does it relate to conflict mineral initiatives? Responsible sourcing? How does the US State Department support the Kimberley Process? Where could listeners go for more information?  Resources  For more on the Kimberley Process, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 03, 2019
Episode 450-Steven Lofchie and the Cadwalader Cabinet
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In this episode I visit with Steven Lofchie, a partner in the NYT office of Cadwalader, Wickersham and Taft. Lofchie and his team have developed an incredible new resource called The Cadwalader Cabinet, which is the “Go To One-Stop Shop” for attorneys and regulators operating in the US financial services sector. Lofchie is the Mastermind behind the Cabinet, this intelligence and knowledge management platform. Some of the highlights include:   What led to the creation of the Cadwalader Cabinet? What market need/opportunity did you see that the Cadwalader Cabinet fills? Why is the Cadwalader Cabinet “Go To One-Stop Shop” for attorneys and regulators operating in the US financial services sector? What are some of the Power links in the Cadwalader Cabinet? Some of other materials available on the Cadwalader Cabinet include expected rules, regs, statutes, but also includes hot topics like Reg BI, LIBOR, Cryptocurrencies, Cannabis Finance and of course FCPA related materials. Resources To check out the Cadwallader Cabinet, click here. Best of all, mention this podcast and receive a free trial. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 28, 2019
Francine McKenna with an update on the KPMG-PCAOB Scandal
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In this episode I visit with one of my favorite people, Francine McKenna, a reporter at MarketWatch. We check in on the current developments in the KPMG-PCAOB scandal including recent guilty pleas, sentencing and where the matter might finally be headed. Some of the highlights include: ·       A review of the Indictment and underlying facts. ·       A review of the horrendous facts about KPMG that came out during the March trial.   ·       What does it say about the PCAOB that two of its former Board members were witnesses for the defense in the trial?  ·       What did all this mean for KPMG head Lynne Doughtie? What does all this mean for audit independence, particularly in the Jay Clayton era at the SEC? ·       Where can listeners go for more information? Resources Francine McKenna on MarketWatch MarketWatch website Re: The Auditors blogsite Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 21, 2019
Parth Chanda on integrating data analytics into a compliance platform
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In this episode I visit with Parth Chanda, CEO of Lextegrity, a leading technology platform that combines the up-front due diligence approval of planned third-party spend with the analysis of actual spend — focused on fraud, corruption and conflicts of interest. Some of the highlights include: ·       Professional background for Chanda, with nearly 20 years in compliance.·       Some of the problems the Lextegrity Integrity platform is addressing with for compliance professionals?  ·       What traditional challenges do CCO’s face when they try to deploy compliance monitoring solutions? They include:a.     Employees lacking sufficient tools to assess risk and take ownership of their own compliance.b.     Complex reports or analytics for the business users not user-friendly or intuitive.c.      Too few legal, compliance, IT and anti-fraud resources to support the business or continuous monitoring efforts.d.     Disorganized and disparate data stores.e.     Risks managed in multiple systems that don’t “talk to each other” or require duplicate entry or manual data input processes.f.      Not having real-time analytics, reporting or monitoring, which leads to missed anomalies and patterns.·       In September’s FRAUD Magazine innovation column authored by Vincent Walden he quoted you for the following, “Avoiding professional biases in your fraud risk management program”.  How does the Lextegrity platform help avoid bias and integrating typical compliance functions with traditional internal audit functions?·       How does the Lextegrity platform integrate both pre-approvals and monitoring?  What are the benefits to that as compared to what’s in the market?·       What’s the benefits to General Counsels and heads of investigations from the platform and about how the machine learning aspects help companies be more strategic and effective? ·       What advice do you have for CCOs and General Counsels when they are evaluating the use of data analytics into their compliance program?·       Where can listeners go for more information? ResourcesParth ChandaLextegrity websiteArticle “Avoiding Bias in Your Fraud Management Program” by Vince Walden in September/October issue of Fraud Magazine Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Why Culture Matters-Episode 5, How is ethical culture a part of an overall ethics and compliance assessment?
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Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this concluding Part V, we consider how an ethical culture is a part of an overall ethics and compliance assessment.  Highlights include:Begin with framework for such an assessment, usually the compliance program itself.Is your training both focused and effective?Is there institutional fairness in your promotion and compensation programs?Is there institutional justice around reporting, discipline and investigations?Is your compliance program a paper program or is it fully operationalized?Is there accountability in your organization?For more information see Jay’s blog post How is ethical culture a part of an overall ethics and compliance assessment? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Why Culture Matters-Episode 4, How Does a Company Assess its Culture?
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Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part IV, we consider how to assess your corporate culture.  Highlights include: ·      Who should perform the assessment of corporate culture? ·      An in-house resource may be seen as more ongoing monitoring than culture assessment. ·      Conversely an independent outside expert may be able to garner more fulsome information of the true state of your corporate culture.·      Tools to assess the culture of an organization include employee surveys, conversations, visits to field operations. ·      What are the differences, if any, which must be considered when assessing a global company?·      Why do you need to “fine-tune” a cultural survey to get a good understanding of the company’s culture and obtain meaningful metrics? ·      The bottom line is you should take the temperature of your employees internally by doing regular monitoring of your company to understand its culture and what needs to be done. Please join us for our concluding Episode 5, where we bring it all together and consider how ethical culture is a part of an overall ethics and compliance assessment. For more information see Jay’s blog post How does a company assess its culture? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Why Culture Matters-Episode 3, the Role of the CCO in Culture
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Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does, yet who bears the responsibility for establishing and maintaining an ethical culture? In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part III, we consider to what extent the Chief Compliance Officer (CCO) should be involved in shaping a culture of ethics and driving ethical behavior.Highlights include: ·      Who bears the responsibility for culture? ·      The duty most often falls to the CCO, so both the CCO and the entire compliance function need to be able to coordinate the various inputs and support mechanisms that guide employee behavior.·      The CCO is often the face of the ethics program for the company – kind of the spokesperson for the company who helps to drive behavior.·      In hiring and recruiting, a CCO can create a culture where an organization would only hire the right type of people as employees. ·      When managing upward, the CCO has an equally critical mandate through unfettered access to provide information to the Board regarding the compliance and ethics posture at the company, specifically including the culture.·      What are the warning signs of an unethical culture? ·      It is up to the CCO to understand and have their finger on what the culture is, where the challenges are and what needs to be done to continually strengthen the culture. Please join us for Episode 4, where we explore how a company can begin to assess its own culture. For more information see Jay’s blog post What is the CCO’s Role in Strengthening the Organization’s Culture of Ethics?on Corporate Compliance Insights.  For more information on Affiliated Monitors, Inc. check out their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Why Culture Matters-Episode 2, What Factors Influence a Company’s Culture
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Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Yet what factors influence corporate culture. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part II, we consider what can influence an organization’s ethical culture, starting at the top with senior leadership. We consider such questions as whether your senior leaders practice what they preach as employees can spot a disconnect from a mile away.  Highlights include:A company does not have an ethical culture unless top management commits to it.Equally important is a sense of organizational justice and fairness.One of the key elements of effective leadership is listening and that also applies to a company’s culture.Do senior leadership give their people the opportunity to be heard?Do senior leaders get out of the ivory tower, go out into the field and meet with employees?Are there town halls or other types of group interactions?Do the employees see whether their leaders are living those kinds of values?It is crucial for perception to equal reality.The bottom line is there must be alignment between what top management says and the company’s core values – between what the organization says and what it does.Please join us for Episode 3, where we explore the role of a Chief Compliance Officer in strengthening the ethical culture of the organization. For more information see Jay’s blog post What Factors Influence a Company’s Ethical Culture? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Why Culture Matters-Episode 1, What is Ethical Culture and Why Does it Matter
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Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Witness the continuing imbroglio surrounding Wells Fargo. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part I, we consider what is ethical culture and why does it matter.  Highlights include:An exploration of the question “what is corporate culture”?Corporate culture is the way things really arein an organization and the way things really work.There may be more than one culture in an organization and there might well be multiple subcultures in a company.M&A due diligence around culture is critical.What different kinds of cultural systems could impact a company?Why is having a “speak up” culture a key indication of a strong ethical culture?How can an organization hold its employees throughout the organization accountable?Why must there must be an alignment between what top management says and the company’s core values to have an effective culture?Please join us for Episode 2, where we will explore the factors that influence a company’s ethical culture. For more information see Jay’s blog post What is Ethical Culture and Why Does it Matter? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2019
Joe Gerard on Conducting Fraud Investigations with Case Management Software
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In this episode I visit with Joe Gerard, CEO of i-Sight Software. We consider i-Sight’s recent eBook, Conducting Fraud Investigations with Case Management Software and how case management software facilitates the investigative process. Some of the highlights include: What is iSight Software and what are some of its services, products and tools. What is Case Management Software?How does it assist corporate fraud investigations? How does it help both accuracy and speed?Gerard provides an example of how case management SW works.How case management SW streamlines a pre-existing investigative process?What is the ROI of case management SW?What are some of the differences between homegrown case management solutions (or worse yet—spreadsheets) and case management SW?Where can listeners go for more information? ResourcesJoe Gerardi-Sight SoftwareeBook on Conducting Fraud Investigations with Case Management SW Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 07, 2019
The Future of Financial Compliance: Maintaining Oversight
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In this special five-part podcast series, I have visited with Phil Fry, VP, Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in this concluding Part 5, we tie it all together, through a discussion of oversight of you the entire process. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.) For more information on Verint, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 04, 2019
The Future of Financial Compliance: Sustainability
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In this special five-part podcast series, I visit with Phil Fry, VP, Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 4, we discuss sustainability. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.) Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 03, 2019
The Future of Financial Compliance-Challenging Accepted Wisdom
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In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 1, we begin with an overview of the process. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 03, 2019
The Future of Financial Compliance: Control
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In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 3, we discuss control. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.)  Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 02, 2019
The Future of Financial Compliance: Capture
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In this special five-part podcast series, I visit with Phil Fry, VP Go To Market at Verint, which is the sponsor of this podcast series. In this podcast series, we consider how Verint is changing the future of financial compliance by challenging the accept wisdom through capture, control, sustainability & oversight. I found this process as useful to think through a wide range and assortment of compliance issues for any compliance field: anticorruption compliance; trade compliance; AML compliance or any other type of compliance. Today in Part 2, we discuss capture. (The Verint process is so innovative, I have cross-posted the entire series on Innovation in Compliance this week as well.)  Verint, a provider of reactive, active and proactive compliance solutions for the new regulatory environment. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 01, 2019
Episode 446-Matthew Jacobs on the Juniper Networks FCPA Resolution
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In this episode I visit with Matthew Jacobs, a partner at Vinson & Elkins in San Francisco who represented the Audit Committee of the Board of Directors of Juniper Networks in the company’s recently concluded FCPA enforcement action.  In addition to his discussion his work on the matter we discussed some interesting questions about representation during the pendency of a FCPA investigation. Some of the highlights include: Initial retention by the Audit Committee and the scope of the assignment?Why the settlement was so favorable to the company?How the company is in a stronger position now to stay in compliance with the FCPA and other international anticorruption laws today.When should there be separate counsel for company and audit committee?Why do cases take so long and how does that help or hurt the company?What is the role of management changes in the resolution of a FCPA enforcement action?How has the interest of the government in compliance changed?Where does the disgorgement issue fit in settlement discussions?What is the effect of the government deferring to internal investigations?Resources Matthew Jacobs, V&E website. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 30, 2019
Episode 445- Shon Ramey on the Navex Global Acquisition of Lockpath
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In this episode I visit with Shon Ramey, General Counsel at Navex Global. We discuss Navex’s recent acquisition of Lockpath. In addition to his discussion on how Lockpath fits into the strategic plan of Navex Global, Ramey discusses his approach to mergers and acquisitions. Highlights from the podcast include:Why did Navex Global see this acquisition of Lockpath as an opportunity?How does this acquisition provide Navex Global with a more holistic approach to GRC solutions?Cyber security and data breaches have become an important part of M&A pre-acquisition Due Diligence. Can you outline your approach to these issues?Why is it important to have a defined acquisition procedure, which details an acquisition from pre-contact of a target through full integration in place?As the top lawyer for an ethics and compliance software and risk management, you must be hyper-aware of the myriad threats facing companies these days. What, in your experience, are some of the threats most overlooked by businesses?For additional information, see Navex Global Press Release announcing the sale. See article by Phillip Bantz in Corporate Counsel entitled “NAVEX Global General Counsel Discusses M&A Due Diligence”. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 23, 2019
Jim Murphy on the Dangers in Using Slack
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In this episode I visit with podcast favorite Jim Murphy, who is the VP of Products at Hanzo. We discuss a recent article by Murphy which appeared on Corporate Compliance Insights and was entitled, The Shark in the Wave: Revealing the Lurking Danger of Slack Data.It detailed the dangers from Slack from a compliance and investigative perspective. Highlights from the podcast include: 1.    Murphy’s role at as VP of Products at Hanzo2.    Why did you write, The Shark in the Wave: Revealing the Lurking Danger of Slack Data?3.    A discussion of rise of Slack as a common business tool.4.    What are the dangers in using Slack from the compliance and investigative perspectives?5.    How can a company think though managing these risks? For additional reading, see Murphy’s article, The Shark in the Wave: Revealing the Lurking Danger of Slack Data, on Corporate Compliance Insights by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 16, 2019
James Koukios on the Morrison and Foerster Top 10 International Anti-Corruption Developments for April 2019
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In this episode I visit with podcast favorite Morrison and Foerster partner James Koukios on the firm’s Top 10 International Anti-Corruption Developments for April 2019. We look at some of the key international developments.  Highlights from the podcast include:The debate Over Meaning of “Agent” Under FCPA Intensifies Ahead of Hoskins Trial.Federal Court Finds FCPA Investigation Documents Protected by Attorney-Client Privilege.International Maritime Organization (IMO) Sets Anti-Corruption Agenda.We take a deep dive into the new Evaluation of Corporate Compliance Programs, 2019 Guidance. What is new (if anything)? How does this assist the corporate compliance professional? Should it be read in conjunction with the Benczkowski Memo?To see a copy of the Morrison and Foerster Top 10 International Anti-Corruption Developments for April 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 09, 2019
Episode 442-Serco Geografix DPA
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In this episode I visit with Sacha Harber-Kelly, a partner at Gibson Dunn in the UK and Steve Melrose, a senior Associate at the firm. They authored what I think is one of the best summaries of the recent Serco Graphic Deferred Prosecution Agreement and they came on the podcast to flesh out some of their thoughts on the matter. Highlights from the podcast include: 1.     What is the significance of this Serco DPA?2.     What was the court’s analysis?3.     Why did the court deem the DPA in the interest of justice?4.     What did the court say about the seriousness of the conduct?5.     What was the company’s cooperation and how did that play into the court’s analysis?6.     What would have been the collateral consequences to the company had it been convicted at trial?7.     How did the court view the strength of the evidence brought forward by the SFO?8.     What was the court’s discussion around whether or not the terms of the DPA fair reasonable and proportionate?9.     What is the significance of postponement of the Statement of Facts?10.  Does the Serco Geografix DPA provide any additional guidance beyond prior DPAs issued in the UK? For more information on Sacha Harber-Kelly, check out his LinkedIn profile here. For more information on Steve Melrose, check out his LinkedIn profile here. To read the full client alert, The SFO’s Fifth DPA – High Five or Down Low? Too Slow ! click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 26, 2019
Episode 441- Compliance Training to Influence Behavior
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In this episode I visit with Matt Galvin, Vice President, Ethics & Compliance at Anheuser-Busch InBev and Peter Grossman, Co-Founder, Chief Strategist at Labyrinth Training about their work on compliance training to influence behavior at Ab-InBev.  Highlights from the podcast include: 1.      How did they create some of the most innovative compliance training?2.     How can innovative training be effective training?3.     How can compliance training influence behavior?4.     Why does Galvin (and Ab-InBev) emphasis compliance training so robustly?5.     How can non-traditional approaches to compliance training be effective?6.     Why compliance officers should always be curious?7.     How did Matt and Peter come together to create this innovative training regime?  For more information on Peter Grossman, check out his LinkedIn profile here. For more information on his company Labyrinth Training, click here. For more on Labyrinth’s work with Ab-InBev on training, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 19, 2019
Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part V-Cost Issues When Hiring a Monitor
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This week, over a five-part podcast series, we have considered some of the basic questions around monitors and monitorships. I have been joined in this exploration by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduced the role of independent integrity monitors and corporate monitorships; discussed both pre-settlement and post-resolution monitorships and their different applications;  and listed out some of the considerations a company should take in hiring a monitor. Today, in our concluding Part 5, we look at cost issues when hiring a monitor and how a company can work to ameliorate them. Some of the highlights from this podcast include: What will be the overall scope of the monitorship?What will be the frequency of engagement by the monitor?What will be the duration of the monitorship?What is the experience of the monitor and how does that play into overall costs?How you can work through cost control issues by using a robust monitor’s Workplan?How selective sampling is a powerful tool and why it can be a cost-saving measure.For additional reading see Jay Rosen’s article How Much Will a Corporate Monitorship Cost? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2019
Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part IV-Considerations When Hiring a Monitor
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In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 4, we look at considerations when hiring a monitor. Some of the highlights from this podcast include:Considering the type and style of the monitor in your selection process.What is the expertise of the monitor, not simply in the subject matter but concluding monitorships?Balancing the interests of the regulator, the company and other stakeholders.Making sure that the monitor is bringing value to the company.Why a Monitor must be independent and conflict-free.I hope you will join us tomorrow for Part 5, where we discuss the issue of costs when retaining a monitor. For additional reading see Jay Rosen’s article What Issues Should a Company Consider When Hiring a Corporate Monitor? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2019
Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part III-the Power of a Pre-Settlement Monitorship
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In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 3, we consider the power of a monitorship in the pre-settlement phase of any matter. Some of the highlights from this podcast include: 1.    What is an Internal Cultural Assessment?2.    How can a pre-settlement monitorship be used as a (a) Pre-emptive Strike;  or (b) to prevent a suspension or debarment action?3.    What is the power of a pre-acquisition monitor in M&A Due Diligence?4.    How is an independent integrity monitor can be a powerful prescriptive tool? I hope you will join us tomorrow for Part 4, where we discuss considerations when hiring a monitor. For additional reading see Jay Rosen’s article What is the Power of a Pre-Settlement Monitorship?on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2019
Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part II-Post-Resolution Monitorships
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In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships.  Today, in Part 2, we consider the use of monitors in the post-resolution phase. Some of the highlights from this podcast include: What is a monitorship in the FCPA Context?Complying with Consent DecreesWhen does post-resolution monitorship have the impact of a pre-settlement monitorship?There are myriad of other ways a post-resolution monitorship can help a company navigate post-resolution issues with regulators.I hope you will join us tomorrow for Part 3, where we discuss the power of a pre-settlement monitorship. For additional reading see Jay Rosen’s article What is a Post-Resolution Monitorship? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2019
Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part I-Introduction
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In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post- resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 1, introduce the role of independent integrity monitors and corporate monitorships. Some of the highlights from this podcast include: 1.    What is a corporate monitor?2.    What agency has oversight?3.    Who foots the bill?4.    What about subject matter expertise? I hope you will join us tomorrow for Part 2, where we discuss post-settlement monitorships. For additional reading see Jay Rosen’s article Corporate Monitorship 101: Who Are They, and What Can You Expect? on Corporate Compliance Insights. For more information on Affiliated Monitors, Inc. visit their website here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2019
Jesse Caplan on the DOJ Evaluation of Corporate Compliance Programs for Antitrust
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In this episode I visit with Affiliated Monitor’s Managing Director Jesse Caplan on the recently released DOJ Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.  Highlights from the podcast include: How does this change the Antitrust Division Leniency Program?Does your compliance program have an antitrust focus?How should compliance professionals consider using this Evaluation?How does this Evaluation fit in with Evaluation of FCPA Compliance Programs?For a copy of the DOJ Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 05, 2019
FCPA Compliance Report-Episode 439, James Koukios on the Morrison and Foerster Top 10 International Anti-Corruption Developments for March 2019
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In this episode I visit with podcast favorite Morrison and Foerster partner James Koukios on the firm’s Top 10 International Anti-Corruption Developments for March 2019. We look at some of the key international developments.  Highlights from the podcast include: The MTS FCPA Settlement.Changes in FCPA Corporate Enforcement Policy-what is ‘De-Confliction’ and ephemeral messaging.OECD Working Group on Bribery Reports on the UK’s Foreign Bribery Enforcement Record.CFTC announces entry into FCPA enforcement.India appoints first anticorruption ombudsman.To see a copy of the Morrison and Foerster Top 10 International Anti-Corruption Developments for March 2019, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 29, 2019
Bonus Episode-Mike Volkov's Interviews the Compliance Evangelist for 100th Episode of Corruption Crime and Compliance
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This special bonus episode is a cross-post of Mike Volkov's 100th episode podcast, where he interviewed me. It was a ton of fun and Mike was gracious enough to allow me to post on the FCPA Compliance Report. Click here for the post on Corruption Crime and Compliance. Some of the highlights include: Where is the vast Compliance Podcast Network, and what is coming in the future? The genesis of for Trekking through Compliance and how were you able to pull together and synthesize all of the Star Trek episodes? My perspective on this recent DOJ and OFAC Guidance and how should compliance professionals use this guidance? Given all of this recent government guidance, where does the FCPA Guidance from 2012 fit into the picture?  Does it still have value to the compliance professional? What do you see, over the next five years, and how should compliance professionals prioritize compliance? We always hear about automation, blockchain, artificial intelligence, data analytics and machine learning – how do we sift through these, find valuable compliance applications and then prioritize the use of these technologies? When Trump first assumed the presidency there was concern about his commitment to FCPA enforcement.  What is my view of how this has turned out? Where DOJ will be over the next few years on enforcement and compliance? As compliance continues to evolve and increase its influence, where is the compliance profession growing? Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 27, 2019
Bonus Episode-Sean Freidlin Interviews Elizabeth O'Keefe
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In this special bonus episode, In the newest episode of Hanzo's Profiles in Excellence series, Sean Freidlin interviews Elizabeth O'Keefe, Compliance Manager at KAYAK and OpenTable. Their conversation includes Elizabeth's career path from over a decade in the compliance space, what an average day as a compliance manager looks like, building a culture where compliance is seen as a collaborator within the organization, major trends impacting the compliance profession, and more. Tune in to listen to the full conversation, or head over to https://corporatecomplianceinsights.com to read the transcribed, edited version.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 26, 2019
The Use of Monitors by State Attorneys General: Part V-The Road Ahead
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In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in this concluding Part 5, we consider the road ahead and the use of monitors by state Attorney Generals. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
The Use of Monitors by State Attorneys General: Part IV-The Challenges of Multi-state in Today’s Litigation Environment
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In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 4, we consider the challenges for state Attorney Generals in today’s litigation environment. I hope you will join us tomorrow for our concluding Part 5, where consider the road ahead for state AGs. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
The Use of Monitors by State Attorneys General: Part III-Multistate Litigation in the Post-Tobacco Era
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In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 3, we consider the role of state Attorney Generals in multistate litigation in the post-tobacco era. I hope you will join us tomorrow for Part 4, where we discuss the challenges of multistate into today’s litigation environment. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
The Use of Monitors by State Attorneys General: Part II-Reaction to the Big Tobacco Settlement and Criticisms of State Attorneys General
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In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 2, we consider the reaction to the Big Tobacco settlement and criticisms directed at the state Attorney Generals.  I hope you will join us tomorrow for Part 3, where we discuss multi-state litigation by state Attorney Generals in the post-tobacco era. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
The Use of Monitors by State Attorneys General-Part I: The Role of State Attorneys General as Enforcers
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In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multistate settlements in the post-tobacco era; challenges in multistate litigation and the road ahead. Today, in Part 1, we consider the role of state AGs as enforcers of civil law and in bringing litigation to enforce consumer protect and related statutes. I hope you will join us tomorrow for Part 2, where we discuss the reaction to the Big Tobacco settlement and the criticisms of state Attorney Generals for the process used. For more information on Affiliated Monitors, Inc. visit their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
FCPA Compliance Report-Episode 438, Michael DeBernardis on The China Initiative and FCPA Enforcement
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In this episode of the FCPA Compliance Report, I visit Michael DeBernardis, Counsel at Hughes Hubbard. We discuss the Trump Administration’s China Initiative and how it may impact FCPA enforcement efforts and spark a potential backlash against US companies. Some of the highlights include: 1.     What is the China Initiative? 2.     Why is it significant? 3.     What developments have you seen over the past 6 months since its announcement? 4.     Does the China Initiative tie into the effort for greater transparency of Chinese owned companies in America per the Senate bill on auditing? 5.     Does the China Initiative mean the FCPA is being weaponized? If so, what are the implications? 6.    What about China push back? FedEx or even GSK? You can find more information on see DeBernardis and Zygielbaum’s article  Revisiting the China Initiative: Will the Focus on FCPA Prosecutions of Chinese Companies Produce Results? Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 22, 2019
FCPA Compliance Report-Episode 437, Kelly Leonard on The Second City Works and Compliance
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In this episode of the FCPA Compliance Report, I visit Kelly Leonard, Executive Director, Insights and Applied Improvisation at The Second City Works. We discuss the compliance training which The Second City Works has developed and how they have incorporated storytelling into compliance training and communications. Some of the highlights include:Most folks are familiar with Second City but what is Second City Works?What are the service offerings of Second City Works?What is the Second Science Project and how does it inform your service offerings?Why is storytelling so important in training and ongoing communications?The book “Yes, And: How Improvisation Reverses "No, But" Thinking and Improves Creativity and Collaboration--Lessons from The Second City”.How do you mentor Millennials but sidestep the drama?As a company scales up or grows how can it keep its lines of communications open?Where can listeners go for more information?You can find more information on The Second City Works by checking out their website, here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 15, 2019
FCPA Compliance Report-Episode 436, Justin Muscolino on Creating eLearning Training
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In this episode of the FCPA Compliance Report, I visit Justin Muscolino, Head of North American Compliance Training Operations for GRC Solution.   Some of the highlights include:  Why do organizations struggle so much with culture and what impact can compliance training have to improve this?What do organizations often get wrong when it comes to training?What happens when organizations do not target their training?One of the issues that organizations face is measuring the effectiveness of their training benchmarking that their compliance is working. How can a compliance professional consider benchmarking?In a blog post on the GRC Solutions website you also look at the training compliance professionals to improve their culture?  How can you train compliance officers around this issue?Any advice for companies trying to get the right culture in their organizations?You can find more information on GRC Solutions by checking out their website, here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 08, 2019
FCPA Compliance Report-Episode 435, Dave Lefort on Compliance Week’s Re-platforming
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In this episode of the FCPA Compliance Report, I visit Dave Lefort, Editor of Compliance Week. We discuss the re-platforming of the Compliance Week website. Some of the highlights include:  The nearly one-year journey to the re-platformed Compliance Week siteWhat the user experience will be going forward.How did the re-platforming multiple the Compliance Week user experience?How and why podcasts and videos on the site will be more scannable and readable.What are the new tools available for the user on the Compliance Week site?Check out Compliance Week’s re-platformed website by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 02, 2019
FCPA Compliance Report-Episode 434, Brandon Daniels on Using Investigations to Drive Continuous Improvement
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In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, who is the President of Global Technology Markets for Exiger. Daniels is regulatory expert and technology practitioner, bringing more than 15 years in senior management across the financial services, life sciences and energy sectors. He has a reputation for technological innovation in regulatory investigations and compliance management. Some of the highlights include: Daniels’ professional background, how he got to Exiger and his current role at the company.Some of the key technological innovations Daniels has recently seen in the way in which investigations are being handled?We discuss how can Exiger’s technological solutions help a CCO get their arms around the unstructured data which is available to them inside their organization?How can technology be used to create predictive models to rank offshore companies for potential tax and corruption risk?How can a technological solution can be used to help perform a compliance risk assessment?How do Exiger technological solutions assist compliance professionals to improve their corporate culture? For more information on Exiger, check out the firm’s website here. For more information on Brandon Daniels, check out his firm profile here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 01, 2019
FCPA Compliance Report-Episode 433, Sean Freidlin on the Current State of Internal Investigations
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In this episode I visit with Sean Freidlin, the Senior Product Marketing Manager, Compliance at Hanzo. We take a deep dive into the state of compliance investigation in 2019, focusing on the impact of the Evaluation of Corporate Compliance Programs on investigations. For more information, Hanzo has published the following work, “THE 2019 GUIDE TO INTERNAL INVESTIGATIONS FOR COMPLIANCE-An eBook on Planning, Protocols, Data Collection, Triage, and Remediation” on which I collaborated. (The eBook was sponsored by Hanzo.) The eBook provides the compliance professional with multiple tools, strategies and tactics for the entire lifecycle of investigations; from initial intake through remediation. I know that you will find it incredibly useful. You can download it here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 27, 2019
The Current State of Compliance - Issues and Challenges: Part 5 - New Compliance Concerns in Healthcare
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Over this five-part podcast series, I have visited with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, and the sponsor of this podcast series. We have taken a comprehensive look at state of compliance at the half-year mark of 2019. In the concluding episode, Part V, we consider some of the latest challenges for healthcare compliance, including legislative changes and a recent corruption trial which Orr believes will be seen as a landmark event. There are some safe harbor exceptions but outside of those exceptions a broad interpretation of value is used. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
The Current State of Compliance - Issues and Challenges: Part 4 - Private Equity and Compliance
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In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. We have previously considered how compliance programs might be updated based upon lessons learned in recent FCPA enforcement actions, then we considered the Department of Justice’s (DOJ’s) recent guidance on corporate compliance. In Part IV, we consider unique challenges for private equity companies in compliance; both in their organizations and for their portfolio companies. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our final episode where take a deep dive into the burgeoning issues of healthcare and compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
The Current State of Compliance - Issues and Challenges: Part 3 - Evaluation of Corporate Compliance Programs
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During this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. In Part III, we consider the recently released Department of Justice (DOJ) 2019 Guidance and what it means for compliance professionals. Which will be the topic of our next Podcast. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into the unique issues of Private Equity and compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
Walmart FCPA Settlement
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In this special bonus podcast, I am joined by Jay Rosen to discuss the stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the FCPA enforcement action against the world’s largest retailer--Walmart. Some of the highlights include: ·     The background facts;·     How significant is the case;·     Is the penalty too low (or too high)?·     Response of Walmart;·     Lessons learned for the compliance professional;·     Was there self-disclosure and full cooperation?·     How should we analyze the monitor requirement under the Benczkowski Memo?  Resources: The documents for this matter include:From the Department Of Justice1.     Criminal Information2.     Non-Prosecution Agreement3.     Plea Agreement and Statement of Facts4.     Press Release From the SEC, Cease and Desist Order and Press Release. See also Tom’s Blog Post Walmart Enforcement Action-Part 1: Introduction. Tom will have multiple blog posts on the Walmart enforcement action so keep abreast on the FCPA Compliance Report.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
The Current State of Compliance - Issues and Challenges: Part 2 - Lessons Learned from Recent Enforcement Actions
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In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. In Part II, we consider what can be learned from recent FCPA investigations and settlements. Which will be the topic of our next Podcast. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into DOJ’s recent Evaluation of Corporate Compliance Programs, 2019 Guidance. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
The Current State of Compliance - Issues and Challenges: Part 1 - Orr and his Journey to Compliance
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In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. We begin this series by introducing Orr, how he came into focus in the compliance space and where he sees compliance headed down the road. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into lessons learned for the compliance practitioner from recent key FCPA enforcement actions. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 24, 2019
Impacts of Emerging Regulations: Part 5- Scaling to Meet Change
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In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I have explored the market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this fifth and concluding episode, I visit with Jonathan Hughes, Director, Strategic Relationships at Assent Compliance. We considered how the market impacts are driving the need for more technology-based solutions for supply chain management. You can check out more about Assent Compliance Inc. at their website, by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 17, 2019
Impacts of Emerging Regulations: Part 4- the Current State of Responsible Minerals
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In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery  supply chain risk management programs, Corporate Social Responsibility (CSR) value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this fourth episode, I visit with Jared Connors, subject matter expert for Assent Compliance on CSR on the current state of conflict minerals/responsible minerals. Join us tomorrow where we wrap us this series on emerging regulatory areas in a conversation with Jonathan Hughes. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 17, 2019
Impacts of Emerging Regulations: Part 3- What is Your CSR Value Proposition?
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In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, Corporate Social Responsibility (CSR) value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this second episode, I visit with Sarah Carpenter, Manager, Business and Human Rights for Assent Compliance on the value proposition of CSR for corporations. Join us tomorrow where we consider the current state of conflict minerals/responsible minerals with Jared Connors? You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 17, 2019
Impacts of Emerging Regulations: Part 2- Instituting a Broader Risk Management Program
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In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and where all of this is headed. In this second episode, I visit with Jared Connors, subject matter expert for Assent Compliance on Corporate Social Responsibility (CSR) on how to institute a broader supply chain risk management program. Join us tomorrow where we ask, ‘what’s your CSR value proposition’? You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 17, 2019
Impacts of Emerging Regulations: Part 1 – The HTS Landscape
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In this five-part podcast series, sponsored by Assent Compliance Inc. (Assent), I explore market impacts of emerging regulations on supply chain compliance and the supply chain professional. During the course of this series, I visit with several members of the Assent team to introduce the topic, look at Human Trafficking and Slavery (HTS), supply chain risk management programs, CSR value propositions, the current state of responsible mineral sourcing and scaling up to meet future challenges. In episode one, I visit with Kate Dunbar, subject matter expert for Assent Compliance in HTS on the current and evolving HTS landscape. Join us tomorrow where provide an overview of instituting a broader supplier risk management program. You can check out more about Assent Compliance Inc. at their website, by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 17, 2019
FCPA Compliance Report-Episode 432, Mark Lanpher on DOJ Change in M&A Enforcement under the FCPA
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In this episode I visit with Mark Lanpher, a partner at Shearman & Sterling LLP, practicing in the firm’s White Collar and Regulatory Enforcement group. Lanpher is a former Assistant Chief Litigation Counsel at the SEC. We take a deep dive into the July 2018 change in FCPA Enforcement Policy, announced by the Justice Department creating a safe harbor in mergers and acquisition enforcement actions brought under the FCPA. Some of the highlights from the podcast include:  1.    How did Matthew Miner’s announcement impact the FCPA Corporate Enforcement Policy re: M&A?2.    What were the policy reasons behind the announcement? 3.    Was Miner’s announcement a codification of DOJ/SEC safe harbor policy first articulated in the 2012 FCPA Guidance?4.    How did (or not) Miner’s announcement bring certainty to this area?5.    What does it mean going forward? Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 10, 2019
Life With GDPR: Episode 29- GDPR Year 1 Review-Part II, the Issues
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In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where  Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I we considered some of the enforcement numbers. In this Part II, we discuss some of the substantive issues. Some of the highlights in this episode include: Security issues-multiple regulators for large breaches and questions of whether TOMs are adequate. 6 Principles of GDPR-highest is around transparency.Data Subject Rights are seen as the biggest corporate pain points.DPIAs have been embraced by many companies and are seen by regulators as the backbone of a corporate compliance program around data security/data privacy. Industry sweeps are beginning to occur. Mixed quality of legal advice is hurting many companies in their compliance efforts. Some significant cases are headed to trial and then appeal. GDPR is here to stay. For more information on Cordery Compliance, go their website here.For additional reading see the Cordery Compliance article, “GDPR One Year On”.Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 06, 2019
Daily Compliance News: June 4, 2019, the leadership edition
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In today’s edition of Daily Compliance News:Why are bashful bosses better leaders? (FT)Leaders must know their weaknesses better than their strengths? (FT)A key leadership problem-setting boundaries. (Washington Post)A younger generation of leadership for Glencore is coming. (Bloomberg) Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 04, 2019
FCPA Compliance Report-Episode 431, Pat Harned On ECI's Impact 2019 Wrap Up
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In this episode I visit with Pat Harned, CEO at the Ethics and Compliance Initiative. We discuss the ECI’s recently concluded annual conference, Impact and some of the highlights for both Pat and myself. The theme of the event was ECI’s High Quality Program (HQP) Framework Assessment. Some of the highlights from the podcast include: 1.    The key theme was the HQP Framework Assessment tool. How did the genius bar facilitate discussions around the tool?2.    How the physical layout of the event facilitated the thorough discussions at Impact 2019.3.    How ECI will use the momentum from this event going forward. 4.    Some of the working groups which have come out of this event and will working to enhance the HQP.5.    What is next for the High-Quality Program and Framework Assessment?6.    A preview of some of the upcoming ECI events people can look forward to in the summer and fall, 2019. ResourcesFor more information on ECI, click here. For information on the High-Quality Program, click here. For information on the HQP Framework Assessment, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2019
DOJ 2019 Guidance: Part V – Final Thoughts
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Over the course of this podcast series, sponsored by Affiliated Monitors, Inc. (AMI), I have visited with Eric Feldman, Senior Vice President of AMI. We have considered the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. We are exploring what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In this concluding Episode, we bring together our final thoughts through a consider of the question “What does it all mean for your compliance practice?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2019
DOJ 2019 Guidance: Part IV – Does your compliance program work in practice?
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Over the course of this podcast series, sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. We are exploring what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 4, we consider the question “Does your compliance program work in practice?” Join us tomorrow when we conclude our deep dive into the 2019 Guidance by putting it all together with final thoughts and observations.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2019
DOJ 2019 Guidance: Part III – Is It Being Effectively Implemented?
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This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over this series we are exploring the 2019 Guidance changes from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 3, we consider the question “Is it being effectively implemented?” Join us tomorrow when begin a deep dive into the 2019 Guidance in considering the third question, “Does your compliance program work in practice?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2019
DOJ 2019 Guidance: Part II – Is Your Program Well Designed?
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This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I am visiting with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 2, we consider the question “Is your program well designed?” Join us tomorrow when begin a deep dive into the 2019 Guidance in considering the second question, “Is your program being implemented effectively?” For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2019
DOJ 2019 Guidance: Part I - Introduction
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This week, in a podcast series sponsored by Affiliated Monitors, Inc. (AMI), I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corpora