Fcpa Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Susan Divers, Director of Thought Leadership at LRN to discuss LRN’s 2023 Program Effectiveness Report.  In this episode, Susan and I discuss making your ethics and compliance program is as effective as possible. We include a consideration of the gulf between high performing and less effective programs as well as the impact of the pandemic on compliance;  the importance of empowering middle managers and involving them more in ethics and compliance. Susan also explains why companies need to upgrade their systems to make them more effective, particularly in the data component.  Key Takeaways:  [00:04:50] The Pandemic's Effects on Compliance Programs [00:09:17] Decreased Engagement of Senior Management in Ethics and Compliance Throughout the Pandemic [00:13:52] The Importance of Upgrading Data Systems for Optimal Compliance [00:18:26] Proof the Program has Been Successful in Imp

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Alastair Parr, SVP of Global Products & Delivery at Prevalent to discuss developments in third-party risk management. In this episode we consider: ·      Why is a comprehensive 3rd risk management solution not simply a nice to have but a must to have now?  ·      Why is 3rd party risk management so much critical after the pandemic and the Russian invasion of Ukraine? ·      Improving the UX for TPRM. ·      Why has simplifying the UX for TPRM eluded most providers so far? ·      How can the UX be improved so the information which is the most vital and most relevant is captured and more importantly can be actioned? ·      How can the process of obtaining TPRM information to implementing controls to manage the risk be improved? ·      How can companies automate data gathering by using a single targeted assessment by building in targeted compliance mappings for legal or regulato

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Morrison and Foerster partner James Koukios to discuss the recent Kenneth Polite speech announcing changes to the Department of Justice Corporate Enforcement Policy.  In this episode we consider: What is the CEP; This is a follow on from the Monaco Memo; Why this change is significant for recidivists; How this change redefines an effective compliance program; The new CEP offers real, tangible and significant benefits for compliance programs; and What it all means going forward. Resources Kenneth Polite Speech Updated CEP Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Mike Volkov, founder of the Volkov Law Group. We conclude with Part 2 looking back on the year 2022 in FCPA and Compliance. We consider the Monaco Memo, the key cases and some of the important issues which arose in 2022 and how they might impact compliance in 2023. In this episode we consider: ·      Building trust and credibility in the investigative process ·      The ABB FCPA enforcement action ·      The Honeywell FCPA enforcement action ·      Why the heat is on compliance after the Monaco Memo ·      Corporate incentives and discipline including clawbacks ·      The Glencore FCPA enforcement action and CCO Certification Resources Mike Volkov on LinkedIn The Volkov Law Group Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Mike Volkov, founder of the Volkov Law Group. We begin a two-part podcast on looking back on the year 2022 in FCPA and Compliance. We consider the Monaco Memo, the key cases and some of the important issues which arose in 2022 and how they might impact compliance in 2023. In this episode we consider: ·      The Monaco Memo ·      The Stericycle FCPA enforcement action ·      The KT FCPA enforcement action ·      The upcoming trial of Cognizant executives and internal investigations ·      Key individual prosecuted Resources Mike Volkov on LinkedIn The Volkov Law Group Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I visit with Eric Morehead, the Director of Advisory Services at LRN. We discuss the US Sentencing Guidelines on the 30th anniversary of their enactment and review the recent report on the history of the Sentencing Guidelines. Morehead, a former staff attorney at the US Sentencing Commissions takes a look at the numbers and considers the broader impact of the Sentencing Guidelines on compliance in the US and across the globe. Some of the highlights include: ·      What are  the US Sentencing Guidelines? ·      Why were the enacted? ·      How have they been supported by the DOJ and Courts? ·      What were the two amendments to the US Sentencing Guidelines? ·      What may be down the road for the US Sentencing Guidelines?  Resources LRN Eric Morehead on LinkedIn A Deep Dive Into Organizational Sentencing Data by Eric Morehead on Law360 Learn more about your ad choices. Visit megaphone.fm/a

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I have double trouble as I welcome Scott Garland and Zach Hafer. They worked together for many years at the US Attorney’s Office for the District of Massachusetts, and both are now in private practice, Garland as a Managing Director at Affiliated Monitors, Inc. and Hafer as a Partner at Cooley LLP in Boston. Some of the highlights include: In this podcast Hafer considers DOJ corporate enforcement through the mechanisms of DPAs and NPAs based upon his tenure as the Criminal Chief. They discussed the need to balance approving prosecutions for general impact vs. based on the case’s individual merits. We also consider how if at all did the Monaco Memo change DOJ focus. Garland leads us through a discussion of compliance issues within a prosecutor’s office, why your compliance philosophy is so critical and some of the biggest issues and situations they both confronted while in the US Attorney’s Office for t

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I conclude a 2-part series on the subjects of FTX and risk. I am joined by Gilbert Paiz and Andrew Gay, principals in the Texas Hill Country Advisors. In our previous Part 1, we considered risk and risk management through the lens of US domiciled financial institutions and how their risk management protocols help to not only assess risk, but manage throughout the life cycle of a banking-customer relationship. In this Part 2, we consider individual risk in investing and what type of background information, questions and due diligence individual should engage in and how thes questions and background investigations apply equally to larger investments made by sophisticated investors, hedge funds  and institutional investors; who should have made them before investing in FTX but they all failed to do so.   Some of the highlights include:  ·      What due diligence should an individual perform? ·      What s

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I begin a 2-part series on the subjects of FTX and risk. I am joined by Gilbert Paiz and Andrew Gay, principals in the Texas Hill Country Advisors. In Part 1, we consider risk and risk management through the lens of US domiciled financial institutions and how their risk management protocols help to not only assess risk, but manage risk throughout the life cycle of a banking customer relationship. In Part 2, we will consider individual risk in investing and what type of background information, questions and due diligence individual should engage in and how this questions and background investigations apply equally to larger investments made by sophisticated investors, hedge funds  and institutional investors; who should have made them before investing in FTX but they all failed to do so.  Some of the highlights include:  ·      How do banks think of risk? ·      What internal processes or controls are i

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I visit with Ty Francis, the Chief Advisory Officer at LRN. We discuss the just-announced LRN acquisition of the Compliance Learning business unit from Thomson Reuters. The acquisition will further establish LRN’s position as the largest global provider of E&C program management and learning solutions serving over 2,500 companies and tens of millions of learners. It will place LRN literally across every continent, including a larger strategic presence in Asia-Pacific markets. This acquisition also enhances LRN’s capabilities and expertise in the financial services marketplace and will help accelerate several of its vertical market product strategies. Some of the highlights include: ·      How this acquisition allows LNR to bring compliance training to where a customer’s employees are located. ·      How this acquisition will facilitate data-driven compliance.  ·      Why a holistic, worldwi

In this episode, I take things in a different direction today as I post the recording of a webinar I recently put on for i-Sight Software Solutions. In this presentation, I detail what the Monaco Memo means your corporate investigative protocol.  Some of the highlights include:  ·      What changes did the Monaco Memo portend for corporate investigative protocols? ·      What unintended consequence did the Russian invasion of Ukraine bring to the public view of whistleblowers?  ·      Why is triage a key aspect of your investigative protocol? ·      Why should you create an investigative protocol long before an investigation becomes needed? ·      How do you create an investigative protocol to keep key decision makers in the loop?  Resources For a White Paper on these issues, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply chain, which I focused on in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 2 of a two-series, we continue our exploration of the current global supply chain and focus on issues relating to China.  Some of the highlights include:  ·      Why ever company should prepare for a China confrontation over Taiwan. ·      Is the UFLPA a true game changer for supply chains and compliance?  ·      What is the impact of China’s Belt and Road program? It’s debt financing? ·      Why is the global supply chain and indeed the global economy of the past 30 years now dead? ·      What steps compliance functions should take now around the global supply chain of the future.  Resources David Simon Mike Walsh Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh an

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply, which I explored in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 1 of a two-series, we begin to explore the topic of the events which have led to the disruption of the global supply chain and the impact on compliance functions. Some of the highlights include:  ·      What led to the disruption in the global supply chain?  ·      Will this continue for the foreseeable future? ·      Why is the global supply chain and indeed the global economy of the past 30 years or so now dead? ·      Why the impact of this supply chain disruption is greater in the EU than US.  Resources David Simon Mike Walsh Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox Lea

In this episode, I visit Shannon Martin, Director of Communications and Corporate Podcasting Specialist at Podbean, a podcast hosting platform. We discuss how companies and, more specifically, corporate compliance functions can use internal podcasts to communicate compliance and ethics concepts using storytelling and other informative techniques. Some of the highlights include: Why storytelling works in the corporate world. Why the power of voice works so well. How internal podcasts can help a compliance function avoid compliance communication fatigue. Why your imagination only limits you.  Resources Shannon Martin on LinkedIn Podbean Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with fan fav James Koukios, partner at Morrison & Foerster on the firm’s always great monthly Top 10 International Developments newsletter for the month of April 2022. Some of the highlights include: Key areas we discuss on this podcast are: ·      The Stericycle FCPA enforcement action. ·      The Roger Ng conviction. ·      Limits of prosecution on FCPA accounting provisions? ·      US government using corporations in the ABC, AML and trade control fight.  James Koukios on MoFo.com MoFo Top 10 International Anti-Corruption Developments for April 2022 Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Jonathan Armstrong, partner at Cordery Compliance in London. We consider the recent payment by the international law firm Dechert of £20 million for its conduct and that of its former partner Neil Gerrard in the ENCR affair. The matter was certainly a dark day for Dechert and a black eye on the legal profession. Some of the highlights include:  Key areas we discuss on this podcast are: ·      What were the failures of the law firm?  ·      What led to the £20 million interim payment? ·      Will there be discipline against the law firm? ·      What is the role of a law firm to oversee investigations? ·      How are the implications of holding investigative data under GDPR going forward? ·      Who watches the watchers (and investigators)?  Resources Jonathan Armstrong on Cordery Compliance Hannah Walker in Law.com on the scandal Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Erica Salmon Byrne, now CEO at Ethisphere. We review the firm’s recent acquisition by Alpine Investors, a B-Corp. Key areas we discuss on this podcast are: What does this new partnership mean for Ethisphere? Who is Alpine Investors, and what is a B Corp. What is People Focused Private Equity, and why was this a good fit for Ethisphere? What will be Erica’s role going forward? How this move will refocus Ethisphere’s efforts in ESG.  Resources Ethisphere Press Release Ethisphere Alpine Investors Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I take on a solo pod to discuss and consider the Oracle FCPA enforcement action brought by the Securities and Exchange Commission. Key areas for discussion on this podcast are: ·      Background facts. ·      Same facts in same country? ·      Failure of a paper program. ·      The need for data analytics.  ·      Where is the DOJ? ·      What are the lesson learned going forward? Resources For a White Paper on the Oracle FCPE enforcement action, email tfox@tfoxlaw.com Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I visit with Mike Huneke, partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco. Some of the highlights include: Key areas we discuss on this podcast are: What is the new CCO certification policy? Why did the DOJ create the policy? How has the DOJ thinking around recidivists evolved? Reasonableness is not a factual basis. Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification. What is the role of the monitor going forward? Resources Mike Huneke on Hughes Hubbard What is the General Counsel’s role in CEO and CCO compliance certifications? On the FCPA Blog Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, we have the Award-Winning Everything Compliance quartet of Jonathan Marks, Jonathan Armstrong, Karen Woody, and Tom Fox on the Monaco Memo. 1. Tom Fox looks at the Monaco Memo through the monitorship language and answers a listener's questions about compliance programs under the Monaco Memo. 2. Karen Woody reviews the Monaco Memo, the self-disclosure angle, and investigatory considerations and ponders the role of defense counsel going forward. 3. Jonathan Marks also looks at investigatory issues under the Monaco Memo, the role of the Board of Directors, and the role of the forensic auditor under the Monaco Memo. 4. Jonathan Armstrong's self-disclosure from a UK angle joins Karen Woody in questioning how defense counsel should move forward. Resources Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog 1.     A Jolt for Compliance 2.