Fcpa Compliance Report

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 Rep

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

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

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

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

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 int

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

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

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

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

In this podcast, I am joined I am joined by Carrie Penman, Chief Risk and Compliance Officer at NAVEX Global, Inc. We visit about their upcoming 2020 virtual conference, NAVEX Next, which is entitled Beyond the Moment.  The theme, Beyond the Moment, defines the 2020 agenda and supports sessions that will help you and your organization move past a defensive stance on current events and trends. The goal is to help everyone be proactive and more holistic in their approach to risk and compliance management. If there is one key message that I have garnered in talking to compliance and other professionals about Coronavirus is that the future demands we be prepared, no matter what comes next. What are some of the key themes for this conference? Obviously the Coivd-19 lockdowns, work from home and remote working environments have changed a large number of risk factors that every Chief Compliance Officer (CCO) needs to consider from a risk perspective and address from a variety of angles; such as data privacy/protect

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

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

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

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

In this special edition, I am pleased to cross-post a recent live event hosted by Sean Freidlin, Director Product Marketing at SAI Global. He hosted the third edition of SAI Global’s Compliance Book Club, featuring Robert Chesnut, author of Intentional Integrity. Sean's Compliance Book Club is fast becoming one of the most listened to events in the compliance world. His interview with Robert Chesnut is great information for the compliance professional. Sean graciously allowed me to cross-post this interview as a podcast on the Compliance Podcast Network. SAI Global’s Compliance Book Club is a community initiative that brings ethics, compliance, and risk professionals together around a book you’ll love, and invites everyone to participate in a live Q&A and discussion with the author.  For the third meeting, and as part of our celebration of the fifth annual International Compliance Officer Day, we present “Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution” by Robert Chesnut. In Intenti

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

In 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

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

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