Fcpa Compliance Report

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

In this episode of the FCPA Compliance Report, I visit with John Katsos, Assistant Professor and Scholar at American University of Sharjah. John has researched and performed due diligence in conflict zones in the Middle East and Africa. He was part of a research team that published a series in the Big Idea section of the Harvard Business Review entitled Preparing for the Era of Uncertainty, which is a must read for every compliance professional. He brings a unique perspective to a variety of compliance topics. Highlights of this podcast include: Academic and professional background. Why due diligence in conflict zones so difficult? What are some of the important differences in performing DD in conflict zones? What are some keys to successfully performing DD in conflict zones? Key lessons you observed on DD in Cyprus? Where did you come up with the idea for this series of articles, Preparing for the Era of Uncertainty? A discussion of each article in the series.? What is it like teaching anti-corruptio

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

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

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

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

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

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

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

In this Episode of the FCPA Compliance Report, I conclude a special two-part series with Matt Silverman on trade compliance. Matt leads the VIAVI Global Trade team and provides strategic guidance to management on international regulatory requirements - including customs, export controls, embargoes, sanctions and antiboycott laws - enabling compliant movement and market access for VIAVI's products, software, technology and services. Highlights of this podcast include: 1.         What are the key components of a best practices trade compliance program? 2.         It seems to me that trade compliance is even more important coming out of Covid 19 and into our ‘new normal’.  3.         What would you tell a young compliance professional about focusing on trade compliance? 4.         Where do you see trade compliance down the road in 2025 and beyond?  5.         Where does trade compliance fit into ESG? Resources Matt Silverman on LinkedIn Articles Navigating the Line Between US Export Controls and Anti-Discriminat

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 S

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 cons

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

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

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

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

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

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

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

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