Fcpa Compliance Report

  • Autor: Vários
  • Narrador: Vários
  • Editor: Podcast
  • Duración: 517:28:15
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Sinopsis

Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.

Episodios

  • Day 8 of 30 Days to a Better Compliance Program

    09/01/2017 Duración: 11min

    The FCPA Guidance has about as clear, concise and short a statement about hotlines than any other Tenet of an Effective Compliance Program. It states, “An effective compliance program should include a mechanism for an organization’s employees and others to report suspected or actual misconduct or violations of the company’s policies on a confidential basis and without fear of retaliation.” But more than simply hotlines, companies have to make real efforts to listen to employees. But you must spend time working on this issue. You need to have managers who are trained on how to handle employee concerns; they must be incentivized to take on this compliance responsibility and you must devote communications resources to reinforcing the company’s culture and values to create an environment and expectation that managers will raise employee concerns.  The reason is that its own employees are a company’s best source of information about what is going on in the company. It is certainly a best practice for a company to

  • Day 7 of 30 Days to a Better Compliance Program

    08/01/2017 Duración: 11min

    There are five steps in the life cycle of third party management. Business Justification and Business Sponsor; Questionnaire to Third Party; Due Diligence on Third Party; Compliance Terms and Conditions, including payment terms; and Management and Oversight of Third Parties After Contract Signing.   Step 1 - Business Justification  The first step breaks down into two parts:  Business Sponsor Business Justification  The purpose of the Business Justification is to document the satisfactoriness of the business case to retain a third party. The Business Justification should be included in the compliance review file assembled on every third party at the time of initial certification and again if the third party relationship is renewed.   Step 2 - Questionnaire  The term ‘questionnaire’ is mentioned several times in the FCPA Guidance. It is generally recognized as one of the tools that a company should complete in its investigation to better understand with whom it is doing business. I believe that this require

  • 30 Days to a Better Compliance Program-Day 6

    07/01/2017 Duración: 11min

    The FCPA Guidance states, that “In addition to evaluating the design and implementa­tion of a compliance program throughout an organization, enforcement of that program is fundamental to its effec­tiveness. A compliance program should apply from the board room to the supply room—no one should be beyond its reach. DOJ and SEC will thus consider whether, when enforcing a compliance program, a company has appropri­ate and clear disciplinary procedures, whether those proce­dures are applied reliably and promptly, and whether they are commensurate with the violation. Many companies have found that publicizing disciplinary actions internally, where appropriate under local law, can have an important deterrent effect, demonstrating that unethical and unlawful actions have swift and sure consequences.”  This means you need to have recognized incentives for doing business under your Code of Conduct and in fulfillment of your compliance policy and procedures. Incentives can be immediate such as cash bonuses or other awa

  • This Week in FCPA-Episode 34

    07/01/2017 Duración: 24min

    In this episode Jay Rosen and I take a dive into the General Cable FCPA enforcement action, consider the 'Invisible Hand' of regulatory enforcement, corporate response and innovation. We explain how these three factors combine in an 'Invisible Hand' to form a continuous improvement loop of compliance program innovation. It leads developments from cutting edge to best practices to becoming a routine part of an effective compliance program. We discuss the upcoming NFL divisional round of playoffs and conclude with Jay previewing the Jay Rosen Weekend Report. For more information on the General Cable FCPA enforcement action, check out my three-part blog post series. Part I-the Bribery Schemes Part II-the Comeback Part III-the DenouementLearn more about your ad choices. Visit megaphone.fm/adchoices

  • 30 Days to a Better Compliance Program-Day 5

    06/01/2017 Duración: 10min

    Welcome to Day 5 of 30 Days to a Better Compliance Program. Today, I focus on training, ongoing communications and the use of social media in a best practices compliance program.  Training The communication of your anti-corruption compliance program is something that must be done on a regular basis to ensure its effectiveness. The FCPA Guidance explains, “Compliance policies cannot work unless effectively communicated throughout a company. Accordingly, DOJ and SEC will evaluate whether a company has taken steps to ensure that relevant policies and procedures have been com­municated throughout the organization, including through periodic training and certification for all directors, officers, relevant employees, and, where appropriate, agents and business partners.”  One of the key goals of any FCPA compliance program is to train company employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of compliance. Beginning in the fall of 2015

  • 30 Days to a Better Compliance Program-Day 4

    05/01/2017 Duración: 10min

    Welcome to Day 4 of 30 Days to a Better Compliance Program. Today we tackle risk assessments. One cannot really say enough about risk assessments in the context of anti-corruption programs. The FCPA Guidance stated it succinctly when it said, “Assessment of risk is fundamental to developing a strong compliance program, and is another factor DOJ and SEC evaluate when assessing a company’s compliance program.” The simple reason is straightforward; one cannot define, plan for, or design an effective compliance program to prevent bribery and corruption unless you can measure the risks you face.  What Should You Assess? What risks should you assess? There are a number of ways you can slice and dice your basic inquiry. The FCPA Guidance states, “Factors to consider, for instance, include risks presented by: the country and industry sector, the business opportunity, potential business partners, level of involvement with governments, amount of government regulation and oversight, and exposure to customs and immigrati

  • Compliance into the Weeds-Episode 23

    05/01/2017 Duración: 23min

    In this episode Matt Kelly and I take a deep dive into 6 compliance issues you should keep an eye on in 2017. They include the Wal-Mart FCPA resolution, the future of the FCPA Pilot Program, the SEC Whistleblower program, the Next PCAOB Chairman, the future of new overtime rules and finally the Barclay's trial for mortgage fraud in the context of the 2008 financial crisis. We also take a look at the GOP attempt to denude the Office of Congressional Ethics and their immediate reversal in the face of intense criticism. For additional reading check out Matt's two blogs on these subjects: Ethics, Politics, and Optics in New Washington and Six Compliance Events to Watch in 2017. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • 30 Days to a Better Compliance Program-Day 3

    04/01/2017 Duración: 10min

    Welcome to Day 3 of 30 Days to a Better Compliance Program. Today I want to consider the Chief Compliance Officer (CCO) in your organization, through three prisms: access, resources and opportunities.  Access What access does your CCO have to the top decision makers in your organization? While it really does not matter whether the CCO reports to the CEO, Board or GC; it does matter that the CCO have direct access to corporate decision maker. Resources This means both head count of personnel to operate your compliance function and the money available to implement the appropriate technology to sustain an effective compliance program. If your compliance team is run on a shoestring, you will likely be downgraded for your overall commitment to doing business in compliance with the FCPA. Put another way, if you spend more on paper clips than on your compliance program, your compliance program may well be under-funded.  CCO Pay, Opportunity and Expertise  In the Pilot Program, the DOJ laid out another important ele

  • Everything Compliance-Episode 4

    04/01/2017 Duración: 01h32s

    Show Notes for Episode 4, Year End Review, Part I  We turn to the 2016 year in review, in this Part I of a two-part series.    Jonathan Armstrong leads a discussion on a very interesting UK Bribery Act enforcement action out of Scotland involving the Braid Group Ltd. It has some very significant implications for Bribery Act enforcement actions going forward. He also discusses the continued evolution of the UK DPA process and who it all works into the burgeoning global anti-corruption enforcement we saw in 2016. For Cordery’s piece on the Braid case, click here. For Cordery’s piece on the continued evolution of the UK DPA practice, click here.  Jay Rosen takes us through a Paul Krugman NYT post on some of the invidiousness of corruption, focusing on the corrupting nature of compliance around undue influence. Rosen explains incentives more than anything else and how such incentives skew the marketplace. He asks a couple of provocative questions. First are there too many FCPA, ethics and compliance conferences

  • 30 Days to a Better Compliance Program-Day 2

    03/01/2017 Duración: 10min

    Welcome to Day 2 of 30 Days to a Better Compliance Program. Today I consider written protocols, which are the foundation upon which an effective compliance program is built. Written protocols consist of a Code of Conduct, policies and procedures and internal controls.”  Code of Conduct  The substance of your Code of Conduct should be tailored to your company’s culture, and to its industry and corporate identity. It should provide a mechanism by which employees who are trying to do the right thing in the compliance and business ethics arena can do so. The Code of Conduct can be used as a basis for employee review and evaluation. It should certainly be invoked if there is a violation. The Code needs to be written in plain English and translated into other languages as necessary so that all applicable persons can understand it.  Policies, Procedures and Controls  The written policies and procedures required for a best practices compliance program are well known and long established. You should include the nature

  • FCPA Compliance Report-Episode 297

    03/01/2017 Duración: 34min

    In this episode Mike Volkov and I take a look at the most significant enforcement actions from 2016, the most significant compliance related issues from 2016 and the issues and cases that may be the most significant going forward into 2017. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • 30 Days to a Better Compliance Program-Day 1

    02/01/2017 Duración: 10min

    Welcome to Day 1 of 30 days to a better compliance program. Together with a podcast each day, I will be giving you tip to help you create a best practices compliance program in 2017. At the end of January, you will not only have a good summary of the basics of a best practices compliance program but information that you can incorporate into your compliance regime. Today I consider the various Tones in an organization. Any compliance program starts at the top and flows down throughout the company, which set the proper character for each level of your organization.  At The Top  Tone at the Top has become a phrase inculcated in the compliance world. The reason it is so important to any compliance program is because it does actually matter. So how can a company overcome these employee attitudes and set, or re-set, its “Tone at the Top”? I once had a Chief Executive Officer (CEO) of a client who described his role at the company as “the ambassador for compliance.” I can think of no better description of the role o

  • FCPA Compliance Report-Episode 296

    29/12/2016 Duración: 33min

    In this episode Mike Volkov and myself take a deep dive into the Odebrecht/Braskem and Teva FCPA enforcement actions. We review the underlying facts, the conduct of the parties, the results obtained and what it all means for the compliance practitioner going forward.Learn more about your ad choices. Visit megaphone.fm/adchoices

  • This Week in FCPA-Episode 33

    23/12/2016 Duración: 34min

    Show Notes for Episode 33, week ending December 23, 2016-Holiday edition Odebrecht/Braskem FCPA enforcement action. Braskem Information, Braskem Plea Agreement, Odebrecht Information, Odebrecht Plea Agreement, SEC Civil Complaint. Goldman Sachs further ensnared in 1MDB scandal. Link to article in Wall Street Journal. Teva FCPA enforcement action. Teva Information. Teva Plea Agreement. Teva DPA Pre-taliation enforcement heats up, on Radical Compliance. NFL Playoff update on Patriots, Cowboys and Texans. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • Unfair and Unbalanced-Episode 14

    21/12/2016 Duración: 24min

    In this episode SCCE CEO Roy Snell and I continue are exploration of issues of import to the compliance profession. We consider the penalty assessed by the NCAA on Notre Dame for it use of two ineligible football players and whether the punishment fit the crime; the forced transparency leading to hyper transparency for today's corporate scandals and the sanctions assessed against former Wells Fargo CEO John Stumpf; advise not send out stupid emails and consider how the safety industry evolved 20 years ago and what implications it might have for the compliance profession going forward. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • FCPA Compliance Report-Episode 295, Juliet Lui

    21/12/2016 Duración: 28min

    In this episode I visit with Juliet Lui as we discuss how to best handle small and medium investigations in an efficient and cost effective manner. We discuss how such matters often slip through the cracks as they are not perceived as high profile yet can cause significant problems if allowed to fester. We discuss methodology, costs and deliverables. Lui details two case studies to emphasize how important small and medium investigations can be as they often uncover larger and more critical problems and issues. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • Unfair and Unbalanced-Episode 13

    15/12/2016 Duración: 32min

    In this episode SCCE CEO Roy Snell and I take a deep dive into corporate governance and compliance, the public skewering of former Wells Fargo CEO John Stumpf and ask if a CEO should be involved in the hiring of a CCO. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • Compliance into the Weeds-Episode 22

    14/12/2016 Duración: 21min

    In this episode Matt Kelly and I take deep dive into the United Airlines SEC enforcement action for violation of internal controls around its reinstitution of a route from Newark to South Carolina at the insistence of the then Chairman of the New York and New Jersey Port Authority David Sampson in exchange for a concession to expand its physical facilities at the Newark airport. We review the background facts, as set out in the SEC Cease and Desist Order and the Justice Department Non-prosecution. We take a look at the internal controls violation of the former UA CEO for violating the company's Code of Conduct, the finding of a lack of internal controls around its route reinstitution protocol and finally discuss the problem of senior management override of internal controls.  For more information on this enforcement action, check out Matt's blog post on this matter, entitled, "This Weird United Airlines Case Just Happened"  and my blog post entitled, "The Chairman's Flight and the US Corrupt Practices Act". L

  • FCPA Compliance Report-Episode 294-Chris Tomlinson

    13/12/2016 Duración: 21min

    In this episode, I visit with Houston Chronicle business columnist Chris Tomlinson about his time working internationally for the Associated Press. He relates his first hand view of the invidiousness of corruption in African countries. He also talks about how a major FCPA corruption trial would be covered. He concludes with thoughts about the role of the Fourth Estate in the international fight against corruption. Learn more about your ad choices. Visit megaphone.fm/adchoices

  • This Week in FCPA-Episode 32

    09/12/2016 Duración: 37min

    Show Notes for Episode 32, week ending December 9, 2016-the Fly the Not So Friendly Skies edition:  United Airlines SEC enforcement action for domestic; the Chairman’s Flight and the US Corrupt Practices Act, for a copy of the Justice Department NPA, click here and for a copy of the SEC Cease and Desist Order, click here. Monetary Authority of Singapore seeks to suspend former Goldman Sachs trader in 1MDB scandal. Link to Fox blog post on Compliance Week. FATF report that US weak on beneficial ownership issues, for a copy of the report, click here. Wal-Mart up to $820MM in pre-settlement FCPA settlement spend, on Radical Compliance. Release of eBook, Trump on Compliance. SEC Director of Enforcement, Andrew Ceresny announces he will leave the SEC. See NYT article, here. GibsonDunn briefing on The Road Ahead: DOJ and Federal Enforcement in the Trump Administration predicts a Southern California centered FCPA matter will be concluded by year end. 10th Annual SEC & DOJ HOT TOPICS 2017 -- Current Developments

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