Fcpa Compliance Report

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 retaliat

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 retaliat

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 retaliat

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

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

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

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

In the Episode, I visit with Podfest Expo founder Chris Krimitsos about the upcoming Podcast Global Summit, March 1-5. Podfest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Podfest Global has grown into a recurring, must-attend gathering that is now international, drawing creators from all over the world. You will see friendly faces and speakers who are experts in their field, delivering the most valuable, recent content from the virtual stage AND backstage. The programming, exhibitions and networking opportunities make this event a place for developing long-lasting, positive relationships for years to come. Highlights include What led to the March event; What makes the Podfest Global Summit the most unique event in the podcast arena; Why this is a must attend event for any podcaster; Be a part of this Guinness World Record setting event; Why paying it forward is a key part of the event and how you can do so; and W

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? D

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

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

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 o

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 CFIU

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

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

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

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

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?

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

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