Fcpa Compliance Report

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?

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 vindicate

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

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

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? Youn

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

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 compl

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

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

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

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 offici

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 f

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

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

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

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,

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, ex

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

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 as

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 eleme