Day: June 24, 2020

EMBARGOED! Episode 10: The Pod Where It Happened

Post author By Miller & Chevalier
Post date June 24, 2020
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Brian and Tim begin this episode of EMBARGOED! by analyzing how the revelations in John Bolton’s new memoir may impact recently enacted U.S. sanctions aimed at China and the ongoing U.S. criminal case against Huawei. Next, they discuss the recent BIS rule change aimed at getting U.S. companies back in the game (while sitting alongside Huawei) in connection with international standards setting organizations. They then turn their attention to a surprising move by DOJ to dismiss charges, after securing a conviction, in an Iran sanctions case in SDNY and share some theories about what may have gone wrong and the possible lasting impact. Finally, they consider the newly issued Executive Order that puts the International Criminal Court in the crosshairs of U.S. sanctions enforcers. Plus, the Lightning Round features quick takes on the latest Venezuela-related designations (and a few, more interesting, removals), OFAC’s initial implementation of the Caesar Act, and a speedy plea deal in an Iran sanctions case.

Like what you hear? Please subscribe! * Apple Podcasts * Spotify * Amazon Music * Google Podcasts * Stitcher
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O’Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don’t miss out!
Timestamps:
0:10 Introduction
2:51 Episode Roadmap
The Rundown
4:45 Fallout from Bolton’s Book
20:40 More Huawei
28:39 Ali Sadr Hashemi Nejad Dismissal
49:44 New E.O. re: ICC
57:04 Lightning Round
57:17 More Venezuela Designations (and Some Removals)
1:01:23 Syria Designations/Caesar Act
1:05:32 Seyyed Shahidian Plea
1:08:56 Final Thoughts
***Stay sanctions free.***

31 Days to More Effective Compliance Programs

The Board of Directors investigation protocol

Post author By admin
Post date June 24, 2020
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Many companies have an investigation protocol in place when a potential compliance violation or other legal issue arises. However, many Boards of Directors do not have the same rigor when it comes to an investigation, which should be conducted or led by the Board itself. The consequences of this lack of foresight can be problematic, because if a Board does handle an investigation right, the consequences to the company, its reputation and value can be quite severe. The SEC considers a variety of factors around corporate investigations including: Did management, the board or committees consisting solely of outside directors oversee the review? Did company employees or outside persons perform the review? If outside persons, have they done other work for the company?
There is also a SOX role in internal investigations, most particularly for audit. Section 301 establishes certain requirements for Audit Committees, including: (1) Procedures for receipt, retention, and treatment of complaints received by the issuer regarding accounting, internal accounting controls, or auditing matters; (2) Procedures regarding the confidential, anonymous submission by employees of the issuer of concerns regarding questionable accounting or auditing matters; (3) Authority to engage independent counsel and other advisers, as it determines necessary to carry out its duties; and (4) Funding to engage advisors as it deems appropriate.
Three key takeaways:

The Board should have a written protocol for investigations prepared in advance.
Any Board led investigation must be both credible and objective.
The investigation must be thorough but the Board can be cost effective.

Tags Board of Directors, BOD

Compliance and Coronavirus

Jesse Caplan on the Health Care Industry

Post author By admin
Post date June 24, 2020
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Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. This week, I visit with three Managing Directors from Affiliated Monitors about issues they are seeing around Covid-19 and the economy reopening, each from their professional perspective. In this episode I visit with Jesse Caplan on some of the critical compliance issues facing the health care industry and health care providers as we move to businesses reopening.
Caplan is the Managing Director of Corporate Oversight for Affiliated Monitors. Jesse is an attorney who has spent most of his career in the healthcare field, including as the General Counsel for the Massachusetts Executive Office of Health and Human Services. At AMI, Jesse leads independent monitoring and proactive assessments of compliance and ethics programs in the healthcare industry, including hospitals, physicians, addiction drug treatment facilities, health insurers and others.
For more information on AMI, check out their website here.

Tags AMI, health care industry

Great Women in Compliance

Kelly Paxton on Pink Collar Crime

Post author By admin
Post date June 24, 2020
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Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
Compliance Officers are often generalists who dabble in fraud investigations from time to time when they crop up. So we invited Kelly Paxton who gets right in the weeds on fraud as her day job to help enlighten Compliance Officers more on the subject and share her fascinating stories on Pink Collar Crime. Did you know that there are some typical characteristics frequently found when women commit fraud or embezzle from organizations? We discuss some of the commonalities, one of which indicates that the glass ceiling is pervasive even in misconduct! Kelly explains Pink Collar Crime (spoiler alert, you don’t need to be a woman to commit pink collar crime, but many women do) and we discuss a couple of red flags that can indicate fraudulent behavior that Compliance Officers and investigators should be on the lookout for.
Lisa and Mary invite listeners to send in their essays on efforts to promote diversity and inclusion, a tribute to a mentor, productivity hacks or any of the other topics by July 1, 2020. Only one week to go before submissions close so get them in now!
Join the Great Women in Compliance community on LinkedIn here.

Tags Kelly Paxton

Compliance Into the Weeds

Supreme Court Upholds Profit Disgorgement

Post author By admin
Post date June 24, 2020
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Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode Matt Kelly and Tom Fox take a look this week’s United States Supreme Court decision in Liu v. Securities and Exchange Commission, which upheld the SEC remedy of profit disgorgement. We consider the background facts of the case and how the Court reached its decision. We also consider what the decision might mean for FCPA enforcement and compliance professionals going forward.
For a copy of the decision in Liu v. SEC, click here.