Fcpa Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the first episode of the 2025 FCPA Compliance Report, Tom welcomes back Jonathan Wilson, founder and CEO of the FinCEN Report, to discuss recent legal machinations surrounding the Corporate Transparency Act (CTA). They delve into a December court ruling by the Eastern District of Texas, which issued a universal injunction against the CTA, claiming it oversteps Congress’s authority under the Commerce Clause. The Fifth Circuit stay panel initially stayed this ruling but was later reinstated by the merits panel, leading the government to appeal to the Supreme Court. The episode also covers historical context, potential impacts on businesses, and predictions for future court actions regarding the CTA. Key highlights: Texas Top Cop Shop Case Overview Court Rulings and Injunctions Supreme Court Involvement Government Response and Filing Process Implications of Administration Change Resources: Jonathan Wilson on 

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jennifer B. Gardner, a seasoned trial lawyer and expert in leadership and influence. She shares her unique professional journey, from running her law practice to becoming a master storyteller in the courtroom. Jennifer delves into the importance of emotional intelligence, right-brain communication in influencing and persuading, and the necessity of understanding human psychology to lead and connect with diverse audiences effectively. Jennifer also sheds light on how these skills translate into the corporate compliance world, emphasizing the power of crafting messages that resonate emotionally and using simple, compelling language. She offers practical tips on combining data with storytelling, understanding one’s audience, and developing resilience in high-pressure situations. Whether you are a compliance officer, lawyer, or business leader, Jennifer’s insights provide valuable strate

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom engages in a comprehensive discussion with Bruna Veiga about the evolution and significance of the compliance department in the financial markets in Brazil and globally. Bruna describes her journey, starting as a trainee and advancing to her current role as a Legal and Compliance Officer in fund management. She highlights the crucial role of combining regulations from different regions, particularly the rigorous frameworks in Brazil and the United States, to manage compliance effectively. The conversation delves into the historical development of compliance programs in Brazil, the challenges faced, and the similarities with the U.S. regulatory landscape. Bruna provides insights on managing compliance amidst evolving regulations, the importance of continuous learning, and establishing a culture that values ethical compliance. Key topics such as money laundering, AI governance, and compliance co

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Adrian Roux, a senior associate at Edward Nathan Sonnenberg, to discuss recent legislative changes in South Africa’s anti-corruption efforts and their global relevance. Adrian highlights the introduction of a new offense in South Africa akin to the UK’s Bribery Act’s ‘failure to prevent bribery’ offense and discusses a new policy directive for non-trial resolutions for companies facing corruption charges. Both initiatives aim to mitigate extensive corruption exposed during the Zuma era’s state capture saga, which involved high-profile public and private sector corruption cases investigated by the Zondo Commission. Adrian explains the challenges and implications of these legislative changes for compliance professionals globally, emphasizing the importance of understanding new compliance obligations and developing adequate procedural defenses. Additionally, the episode touches on i

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This edition delves into the implications of Donald Trump’s presidency for corporate compliance and ethics. We share some initial thoughts from compliance officers and industry experts, exploring the widespread concern over Trump’s controversial character and potential impact on businesses’ ethical cultures. Key discussion points include the existential angst among compliance professionals, the future of FCPA enforcement, and the role of influential figures like Elon Musk in the Trump administration. The episode underscores the importance of maintaining robust compliance programs despite political uncertainties and the potential for increased regulatory challenges and internal corporate risks. Highlights in this episode: Compliance in the Trump Era Existential Angst in Compliance FCPA Enforcement Under Trump Elon Musk’s Role in the Administration The Future of Compliance and Governance Conclusion: The Risk

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Frank Tumminello for an in-depth discussion on the Corporate Transparency Act (CTA) and its business implications. They delve into the reasons behind the CTA, a law established under the Anti-Money Laundering Act of 2020, and its importance in enhancing transparency and preventing criminal activities like tax evasion and money laundering. Despite being in effect for nearly a year, there needs to be more awareness, with only 15% of the 40 million affected companies having complied. Frank explains the Beneficial Ownership Information (BOI) report, its requirements, and the challenges businesses might face in staying compliant. They also touch upon the misconceptions and legal difficulties surrounding the CTA, as well as the efforts of FinCEN to facilitate compliance, including the potential for extended deadlines in hurricane-affected FEMA zones. Lastly, Frank introduces ‘File Forms

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes back Alexander Cotoia to discuss the intricate and profoundly impactful topic of anti-boycott compliance related to U.S. companies involved in international trade. They delve into the specifics of the EAR’s anti-boycott provisions, a framework designed to prohibit U.S. companies from participating in or supporting foreign-imposed boycotts not endorsed by the U.S. government. The conversation highlights the strict reporting requirements enforced by BIS and IRS to ensure transparency and adherence to U.S. trade compliance interests. Alexander explains the details of Quantum Corporation’s recent settlement over violations, emphasizing the importance of active reporting to maintain U.S. trade relationships. The discussion also touches on potential compliance challenges, particularly regarding China and Taiwan. Tune in for best practices in anti-boycott compliance and learn how to navi

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox visits with Sam Silverstein on how compliance professionals should view the new DOJ mandate on using data to assess, manage, and improve corporate culture through data-driven compliance. The Culture Audit sponsors this podcast. In this comprehensive discussion, Tom Fox and Sam Silverstein delve into the 2024 Update to the Evaluation of Corporate Compliance Programs (ECCP) by the DOJ. Released in September, this latest update emphasizes the importance of data analytics, culture, engagement, and trust in compliance programs. With a detailed breakdown of over 250 questions posed by the ECCP, Tom and Sam provide valuable insights on how companies can benchmark their compliance programs and prepare for potential investigations. They highlight the role of a culture audit in addressing the DOJ’s requirements, offering a detailed look into how organizations can measure and improve their compliance

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox visits with Dr. Ian Oxnevad and Chris Mason from Infortal Worldwide about the Israeli attack on Hezbollah through its pagers and explores what all of this means for the compliance professional. The podcast explores the compliance and supply chain ramifications stemming from pagers licensed by a Taiwanese company to a Hungarian firm which were subsequently used to disrupt Hezbollah’s operations. This incident serves as a springboard for discussing the broader implications for global businesses, emphasizing the essential role of due diligence in complex supply chains. The episode offers insightful commentary on how Hezbollah’s lack of scrutiny over their suppliers led to vulnerabilities that were exploited by Israel, acting as a cautionary tale for organizations everywhere. Key topics include the unexpected ways legitimate companies can be compromised, the perva

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company’s journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart’s FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment.

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, in this episode, host Tom Fox is joined by Roxanne Petraeus and Susan Divers from Ethena to discuss innovative perspectives on compliance training, specifically focusing on the 2024 update to the Evaluation of Corporate Compliance Programs.  Roxanne, drawing from her military background, emphasizes the importance of practical and effective compliance training that resonates with employees rather than traditional 'check-the-box' methods. Susan highlights the shift towards emphasizing outputs over inputs, urging for compliance programs that are not just on paper but practiced and understood by all employees. The discussion delves into the new expectations from the DOJ regarding the use of AI and data analytics in compliance, positioning compliance officers as pivotal to maintaining organizational justice and fairness. They also explore strategies for persuading senior

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back Jag Lamba from Certa AI, the sponsor of this podcast to consider the integration of AI into your overall compliance framework.  Our discussion emphasizes the importance of using great software to effectively integrate AI into existing processes, systems, and teams. For successful implementation, the software should be both flexible and scalable to suit different organizational needs and volumes. Moreover, the incorporation of guardrails is crucial in areas like third-party compliance due to AI being a relatively new technology. These guardrails function as a framework to prevent excessive autonomy similar to the limitations set on a new coworker. It is fascinating look at the cutting edge use of AI in compliance. Highlights in this Episode ·       Integrating AI with Existing Systems ·       The Human in the Loop ·       Flexibility and Scalability i

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Vince Walden, founder of KonaAI. Vince reports on the 2024 Update to the Evaluation of Corporate Compliance Programs. (Today’s episode is a cross-posting from Data Driven Compliance.) Walden, a distinguished expert in compliance data analytics, actively participates in industry forums such as the Society of Corporate Compliance and Ethics annual summit in Grapevine, Texas. He advocates for compliance professionals to have ample access to relevant data sources, enabling them to monitor and test policies, controls, and transactions effectively. Walden stresses the importance of AI developers being vigilant about potential biases and public harm, aligning with the Department of Justice’s stance on accountability. He advises compliance practitioners to collaborate with internal audit and finance teams to ensure they have the necessary transactional

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back the well known white collar defense practitioner and contrarian, Jon May as we take a deep dive into May’s concerns with the new DOJ Whistleblower Financial Incentive Program.   Jon May is a renowned legal expert known for assisting fellow attorneys in developing innovative solutions for complex cases. With extensive experience, May has authored papers critiquing the Department of Justice's Corporate Whistleblower Program, arguing that it is fatally flawed due to the DOJ's inherent hostility towards whistleblowers and lack of enforceable rights for them. He highlights significant practical issues within the program, such as the stringent requirement for complete cooperation and the misconception that whistleblowers are solely motivated by monetary rewards. By drawing attention to these critical flaws, May advocates for necessary reforms to make the prog

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Kevin Carroll to discuss the latest developments in the Trump Jan 6th case, including the Special Prosecutor’s Superseding Indictment. In this week’s episode, Tom Fox is joined by Kevin Carroll to discuss the latest developments in one of the Trump trials. Jack Smith’s Superseding Indictment in the January 6th case in Washington, D.C., is dissected. Carroll explains the concept of a superseding indictment and its implications for the charges and defendants involved. The conversation also covers the impact of the Supreme Court’s decision on official acts and how it intersects with Trump’s legal strategies. Carroll provides insights into the procedural aspects of the case, potential trial timelines, and the broader ramifications of the court’s rulings on other ongoing cases involving Trump. Highlights in this Episode: The Superior Indictment Su

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Miller & Chevalier attorneys Executives at Risk team, including Lauren Briggerman, Katherine Pappas, Ian Herbert, and their newest colleague Laura Deegan. We dive into key compliance and enforcement topics such as the new DOJ whistleblower initiative, recent OFAC sanctions and export controls, key FCPA enforcement actions focusing on individual liability, and notable AML developments, particularly within the cryptocurrency sector. The discussion highlights the evolving landscape of corporate compliance and the increased need for robust internal reporting and proactive compliance measures. Resources: Miller & Chevalier Chartered Lauren Briggerman Katherine Pappas Ian Herbert Laura Deegan Executives at Risk, Summer 2024 Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back Mary Inman, Partner at Whistleblower Partners LLC to discuss the new DOJ Whistleblower Incentive Program.  Tom and Mary discuss the DOJ's New Whistleblower Incentive Program's aim to fill gaps in existing reward programs and its focus areas, including financial institution violations, foreign and domestic corruption, and healthcare offenses. Mary highlights some criticisms of the program, such as lack of a reward floor and the cap on rewards, and the potential challenges and impacts on corporate compliance. They also talk about the interplay between whistleblowers, DOJ, and corporate investigations, and the potential for adaptation of the program based on stakeholder feedback. Highlights in this Episode ·       DOJ Whistleblower Incentive Program Overview ·       Four Focus Areas of the New Program ·       Challenges and Criticisms of the Program ·   

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. We take things in a different direction today as Tom Fox reposts the recent webinar with Sam Silverstein and Mike Volkov, where we took a deep dive into the Boeing Plea Agreement, the Monitorship, and why culture is the key to a Boeing turnaround. We explore the recent plea agreement filed by Boeing, the outrage among victims’ families over the proposed penalties, and the appointment of an independent compliance monitor. Key issues discussed include the necessity of a culture overhaul at Boeing, the implications of excluding court jurisdiction over the monitorship, and the role of the board in fostering a culture of compliance and safety. The discussion highlights the critical need to focus on values, accountability, and transparent processes to rebuild trust and ensure long-term organizational integrity. Highlights of this episode: Details of the Plea Agreement Compliance Monitor Appointment and Transparency

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox conclude this two-part episode with Bob Tarun and Peter Tomczak from Baker & McKenzie who discuss the latest edition of their book the Foreign Corrupt Practices Act Resource Handbook. This episode provides an in-depth exploration of Delaware law’s Caremark duties and their evolution, particularly in anti-corruption compliance. The discussion highlights the challenges boards face in implementing and overseeing compliance programs. Additionally, it delves into the intricacies of defending FCPA investigations, with insights into recent high-profile cases such as those involving Walmart, Glencore, and Goldman Sachs. The conversation also covers the international trends in anti-bribery and corruption enforcement, particularly focusing on regions like China, Southeast Asia, and the Middle East. Key compliance strategies and the importance of cross-border data privacy

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes Bob Tarun and Peter Tomczak from Baker & McKenzie in Part 1 of a two-part podcast series to discuss the latest edition of their book, The Foreign Corrupt Practices Act Handbook. The conversation covers their professional backgrounds, motivations for updating the book, and significant changes in FCPA enforcement and compliance practices. Bob and Peter provide detailed insights into their writing process and some of the key defenses for FCPA investigations. Key trends in international anti-bribery and corruption enforcement, the evolving role of corporate compliance programs, and strategies for dealing with DOJ expectations are also addressed. The episode concludes with discussions on future prognostications for FCPA enforcement and how listeners can connect with the authors. Highlights in this Episode Meet the Authors: Bob Tarun and Peter Tomczak Up