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
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Claire Worledge on Data Analytic Secrets
16/05/2022 Duración: 38minIn this episode of the FCPA Compliance Report I visit with Claire Worledge. Claire is an internal auditor by professional training. She is the author of Data Analytic Secrets. We visit about her book and her work to bring greater visibility to data analytics to the internal audit profession and the wider compliance profession. Some of the highlights include: What is data visualization? What do you see as the role of data analytics in internal audit? Why Claire wrote Data Analytic Secrets and the audience for the book. How can data analytics and visualization be used in fraud prevention? How about anti-corruption/anti-bribery programs? How can internal audit be best used in an anti-corruption/anti-bribery program? What is the intersection of internal audit and internal control? Resources Claire Worledge on LinkedIn Aufinia website Learn more about your ad choices. Visit megaphone.fm/adchoices
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Dave Lefort on Compliance Week 2022
09/05/2022 Duración: 29minIn this episode of the FCPA Compliance Report I visit with Dave Lefort, Managing Director at Compliance Week. We take a deep dive into the upcoming Compliance Week 2022 National Conference, detailing the Keynote speakers, panels, conversations and breakout sessions. If there is one compliance conference, you should attend Compliance Week 2022 is it. Listeners to the podcast can get a special discount to the conference of $200 with the discount code TFLAW $200 OFF. Registration and agenda here. If you want more details on why should you attend Compliance Week 2022? Find out in this podcast series featuring speakers at CW 2022. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Mike Volkov on DOJ Trial Record
02/05/2022 Duración: 35minIn this episode of the FCPA Compliance Report I visit with Mike Volkov. Mike recently did a three-part blog post series reviewing the DOJ trial strategy, successes and failures and approach of the antitrust division. In this podcast we take a deep dive into FCPA trials, other white collar fraud trials and antitrust trials the DOJ has had over the past few years. We assess the key approaches, discuss some important wins and unfortunate stumbles. Resources Mike Volkov on Corruption Crime & Compliance Part 1 - A Mixed Bag Part 2 – Big Victories and Misguided Targets Part 3 – Antitrust Division Stumbles Learn more about your ad choices. Visit megaphone.fm/adchoices
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Gordon Graham - A Whistleblower’s Story
25/04/2022 Duración: 40minIn this episode of the FCPA Compliance Report I visit with Gordon Graham. Gordon is a successful whistleblower who told his tale in the book The Intrepid Brotherhood. In this book, Graham discusses how corruption threatened to ruin jobs and harm lives. The leadership at the top of the organization used intimidation, distrust, and secrecy to control the Chelan County Public Utility District showing that control and power can corrupt even the most ethical organization’s integrity—unless someone speaks up. Which Gordon Graham did. In this podcast, he tells his story. Resources website: www.intrepidbrotherhood.com LinkedIn: linkedin.com/in/gordon-graham-57385319a Facebook Author Page: In Search Of Aristotle | Facebook Learn more about your ad choices. Visit megaphone.fm/adchoices
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Matt Galvin and Dan Kahn, Part 2-Reflections on the Monaco Speech
18/04/2022 Duración: 27minThis episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this concluding Part 2, we take a deep dive into the Lisa Monaco Speech focusing on how the DOJ might look to access corporate culture, the Speech’s effect on the Benczkowski Memo, using the Monaco Speech and other external information for internal corporate presentations and the DOJ reviewing other corporate misconduct. Resources Matt Galvin on LinkedIn Dan Kahn at Davis Polk Learn more about your ad choices. Visit megaphone.fm/adchoices
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Matt Galvin and Dan Kahn-Part 1, Disclosing to and Working with the DOJ
11/04/2022 Duración: 28minThis episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this Part 1 we take up the key issues around dealing with the DOJ including the factors which go into the decision to self-disclose, incentives and disincentives in compliance programs, internal investigations including who is involved and scoping an investigation, presenting information to the DOJ during the pendency of an investigation and negotiating the final settlement and post-resolution; including both ongoing reporting and continuing innovation in your compliance program. Resources Matt Galvin on LinkedIn Dan Kahn at Davis Polk Learn more about your ad choices. Visit megaphone.fm/adchoices
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Stewart Bishop, Covering the Roger Ng Trial
04/04/2022 Duración: 24minIn this episode of the FCPA Compliance Report, I am joined by Stewart Bishop, reporter at Law360. We discuss his coverage of the Roger Ng trial currently ongoing in New York. Highlights in include: · Roger Ng relationship to 1 MDB scandal. · Pre-trial issues. · Timothy Leissner, direct and cross. · Assessing the judge and jury. · The discovery dispute. · Covering such a lengthy trial. Resources Law360 Learn more about your ad choices. Visit megaphone.fm/adchoices
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Susan Divers on the LRN Ethics & Compliance Program Effectiveness Report
28/03/2022 Duración: 33minIn this episode of the FCPA Compliance Report, I am joined Susan Divers, Director of Thought Leadership at LRN. We discuss recently released LRN Ethics & Compliance Program Effectiveness Report. Highlights in include: What is the LRN Ethics & Compliance Program Effectiveness Report? What does it measure? How is it generated? Why is culture so critical? What are the values in values? What is LRN’s High Performance Premium? What are the roles of managers and leaders? What are the keys to effective training? What will the new normal for compliance programs look like going forward? The issue of culture and values down the road into 2025 and beyond. Resources Susan Divers LRN Ethics & Compliance Program Effectiveness Report Learn more about your ad choices. Visit megaphone.fm/adchoices
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Michael Beber on the Current State of SPACs
21/03/2022 Duración: 27minIn this episode of the FCPA Compliance Report, I am joined by Exiger Board Chair Michael Beber. He returns to the podcast to talk about the current state of Special Purpose Acquisition Corporations (SPACs).Highlights in include: · SPACs in 2021 by the numbers. · Uses and misuses of SPACs. · Money being invested in SPACs. · Why SPACs can still be such a powerful tool. · What will be the SPAC market like going forward? Resources Exiger Learn more about your ad choices. Visit megaphone.fm/adchoices
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Erica Salmon Byrne on 2022 World's Most Ethical Companies
17/03/2022 Duración: 26minIn this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere. We discuss the announcement of Ethisphere’s 2022 World Most Ethical Companies awards. This year’s most stunning announcement is a 5-year Ethics Premium of 24.6%. Other highlights in include: A deep dive into the Ethics Premium, including the reasons for the dramatic growth of the past 5 years. 2022 had the highest number of new companies on the list. Who were some of these first-time honorees? The non-US centric number of honorees. The Ethics Quotient-how is it calculated? Why is the Ethics Quotient such a powerful tool for the compliance professional? How to get your company involved in the World’s Most Ethical Companies process. Resources Ethisphere 2022 World’s Most Ethical Announcement Learn more about your ad choices. Visit megaphone.fm/adchoices
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Karen Woody on Elon Musk Attack on SEC Consent Decree
14/03/2022 Duración: 26minIn this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody from Washington & Lee Law School. We discuss the recent filing by attorneys for Elon Musk and Tesla to revoke the previously agreed to Consent Decree over his 2018 tweets about taking Tesla private at $420 per share and then withdrawing it a week later. Highlights in include: · What is the legal basis for the Motion? · Can a court hear an equitable claim for a regulatory consent decreed? · What is the remedy Musk is seeking? · What about his $20MM fine, which has been paid? · Is the SEC harassing Musk for alleging violations of the Consent Decree? Resources Motion to Terminate Consent Decree Learn more about your ad choices. Visit megaphone.fm/adchoices
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Mikhail Reider-Gordon on Conflicts of Interest
07/03/2022 Duración: 36minIn this episode of the FCPA Compliance Report, I am joined by Mikhail Reider-Gordon, Managing Director at Affiliated Monitors, Inc. We discuss conflicts of interest with some very high-profile examples torn literally from the headlines. Highlights include: · What exactly is a Conflict of Interest and how does it differ from self-dealing, nepotism? · Is a COI purely an ethical problem or are there are situations where COIs are illegal? · COIs in the news of late and in some surprising places? · Have there been other examples across industries? · The Courts, the Fed, SCOTUS? · Do you ever come across COIs in your work? Resources Original Posting on podcast on Integrity Through Compliance Mikhail Reider-Gordon at AMI Learn more about your ad choices. Visit megaphone.fm/adchoices
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Matt Silverman on Preparing for Potential Sanctions Against Russia
25/02/2022 Duración: 32minIn this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In Part 1, we considered the potential U.S. sanctions if Russia invades Ukraine. In this Part 2, we discuss what you can do to prepare for such an eventuality. Highlights in include: First, ascertain your exposure and consider how some or all of these actions would impact your business. Check your sanctions screening policies and procedures and check your customers and business partners in real time against global sanctions lists. Identify all of your contracts with Russian entities or individuals and review your contracts for compliance with law clauses, notice clauses, and termination provisions. Know your customer. Identify what, if any, items, or technology you are exporting to Russia and any transactions with Russian entities that have ongoing or continuing obligations. Take a look at your supply chain to avoid business interruption. Identify whether you have any outstanding de
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Matt Silverman on Potential Sanctions Against Russia
21/02/2022 Duración: 24minIn this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In this Part 1 of a special two-part podcast series, we look at issues related to potential sanctions against Russia, Russian individuals and Russian interests if Russia invades Ukraine. In Part 2, we will discuss what you can do to prepare for such an eventuality. Potential sanctions we review in this episode ininclude: Impose a comprehensive or near-complete embargo of Russia. Impose additional sectoral sanctions on certain Russian industries. Prohibit exports of certain items or technology to Russia. Designate Russian entities under the Foreign Direct Product Rule. Add specific Russian entities or individuals to OFAC’s Specially Designated Nationals and Blocked Persons List (“SDN”). Prohibit Russian entities from accessing the U.S. financial system/using U.S. dollars and/or sanctioning foreign banks that conduct transactions with sanctioned Russian entities. Prohibit U.S. persons or e
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James Koukios on the MoFo November Int’l Anti-Corruption Newsletter
14/02/2022 Duración: 28minIn this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we consider some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for November 2021. Highlights of this podcast include: OECD Updates Recommendation for Combatting Foreign Bribery Federal District Court Dismisses FCPA and Money Laundering Charges Against Swiss Wealth Manager SEC Reports Surge in Whistleblower Tips and Awards Former Coal Executive Pleads Guilty to Egyptian Bribery Scheme Adoption Agency Manager Pleads Guilty to Uganda Bribery Scheme Resources James Koukios on the MoFo website November International Anti-Corruption Newsletter here Learn more about your ad choices. Visit megaphone.fm/adchoices
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James Koukios on the Monaco Speech
07/02/2022 Duración: 36minIn this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we take a deep dive into the Lisa Monaco speech from October and related remarks from other DOJ representatives about the DOJ refocus on white collar enforcement and related issues. Highlights of this podcast include: · Who is the DAG and what does that position entail? · Reinstatement of Yates Memo. · Does this change an investigation focus? · The new focus on culture and how do you assess corporate culture? · What about reports of all violations, enforcements and even investigations even is outside FCPA? · What are the implications of this change? · How will all this work with current FCPA Corporate Enforcement Policy? · The revocation of Benczkowski Memo. What are the implications? · The new focus on monitorships? · What about recidivists or those who fail to meet the obligations of their DPA/NPA? Resources J
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Mike DeBernardis on Compliance Developments from Q4 2021
31/01/2022 Duración: 36minIn this episode of the FCPA Compliance Report, I am joined by fan favorite Mike DeBernardis, partner at Hughes Hubbard. In this episode we look at compliance and temporal timeline developments from Q4 2021. Highlights of this podcast include: A deep dive into the Lisa Monaco speech, how it impacted the compliance temporal timeline whether it was a change or recalibration. Anti-Trust developments. The Biden Administration Strategy on Countering Corruption? Compliance in 2022 and moving forward. Resources Mike DeBernardis on HughesHubbard website. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Andrew Neblett and Brian Beeghly Join Ethisphere
24/01/2022 Duración: 31minIn this episode of the FCPA Compliance Report, I am joined by Andrew Neblett and Brian Beeghly, co-founders of Informed360 who recently joined forces with Ethisphere. Highlights of this podcast include: Tells us about Informed360 platform Why did you decide to join Ethisphere? How will the Informed360 solution be integrated into the Ethisphere offering(s)? As a combined company how will this improve compliance offerings? How will you be able to take data and provide insights for enhancement of compliance programs? Their roles at Ethisphere moving forward. Resources Check out the upcoming webinar Turning Ethics and Compliance Insights into Action. Register at Ethisphere.com/events Learn more about your ad choices. Visit megaphone.fm/adchoices
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Gordon Firemark on Legal Developments in Podcasting
17/01/2022 Duración: 24minIn this episode of the FCPA Compliance Report, I am joined by Gordon Firemark, from the Firemark Law Firm. Gordon was one of the first lawyers working on the legal side of podcasting. He returns to update us about legal developments in the world of podcasting, how the podcast market has developed and what is new at Firemark Law. Highlights of this podcast include: What’s new in the legal world for podcasters? What are the key legal risks podcasters need to think about? How have you seen the podcast market develop? Where to you see the market going? What’s new at Firemark Law? Resources Firemark Law Firm Learn more about your ad choices. Visit megaphone.fm/adchoices
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Mike Volkov on FCPA Enforcement and Compliance from 2021 and into 2022
10/01/2022 Duración: 20minIn this episode of the FCPA Compliance Report, I am joined by Mike Volkov to take a look back at FCPA enforcement and compliance from 2021 and prognosticate to where it may be going in 2022. Highlights of this podcast include: Three FCPA enforcement actions. DAG Lisa Monaco’s October Speech to the ABA White Collar Defense Conference. The Biden Administration’s Strategy on Countering Corruption. Where will FCPA enforcement head in 2022. Where will ABC compliance go in 2022? Resources Tom in the FCPA Compliance and Ethics Blog FCPA Year in Review Compliance Year in Review Learn more about your ad choices. Visit megaphone.fm/adchoices