Categories
Fraud Eats Strategy

Far from Home: The Future of Cross Border Investigations

Conducting investigations in certain parts of the world can be challenging because of the business practices, language barriers and cultural differences. In some of those countries, they are discouraged or even unlawful. When you overlay travel restrictions during a global health crisis, challenging doesn’t begin to describe it.

In this episode, we discuss how global organizations are a microcosm of the countries and cultures in which they operate. Understanding the customs, languages, business practices and cultural norms is an essential part of conducting effective investigations when operating outside of the U.S. In many parts of the world, business practices and cultural norms tacitly endorse bribery, corruption, and other financial and property crimes. Companies are expected to operate within the law in each country in which they operate and to follow the standards and practices delineated in the organization’s code of conduct and corporate compliance program. Compliance programs are expected to have certain program elements including mechanisms for confidential reporting of suspected wrongdoing and an efficient, reliable, and properly funded process for investigating the allegation and documenting the company’s response, including any disciplinary or remediation measures taken.

Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, warlords, kleptocrats and more.

Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.
 

Categories
Fraud Eats Strategy

Tales from the Trenches: An Inside Look Into Financial Investigations Units

Most financial services companies above a certain size have one or more Financial Investigations Units (FIUs) and Special Investigations Units (SIUs) to investigate various threats against the institution and/or its customers. The missions vary from those that narrowly focus on risks such as card fraud and elder financial fraud, to those focused broadly on both insider and external threats against the institution and its customers. While BSA/AML and sanctions units command a great deal of regulatory attention, FIUs have the same SAR filing obligations as their AML and sanctions counterparts.

Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, warlords, kleptocrats and more.

Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.
 

Categories
31 Days to More Effective Compliance Programs

Day 6 | The Code of Conduct


What is the value of having a Code of Conduct? In its early days, a Code of Conduct tended to be lawyer-written and lawyer-driven to wave in regulator’s face during an enforcement action as proof of ethical overall behavior. Is such a legalistic code effective? Is a Code of Conduct more than simply your company’s internal law? What should be the goal in the creation of your company’s Code of Conduct?
The three most important things about your compliance program are “Document, Document, and Document.” The same is true in communicating your company’s Code of Conduct. You need to do more than simply put it on your website and tell folks it is there, available and that they should read it. You need to document that all employees, or anyone else that your Code of Conduct is applicable to, has received, read, and understands it. The DOJ expects each company to begin its compliance program with a very publicly announced, very robust Code of Conduct. If your company does not have one, you need to implement one forthwith.
However, your Code of Conduct is not a static document to be put on a shelf and never reviewed again. For just as your compliance program is a living entity; it should be constantly evolving, the same is true for your Code of Conduct. If your company has not reviewed or assessed your Code of Conduct for five years, do so in short order, as much has changed in the compliance world. All of this has become much more clear in the age of Coronavirus. Some of the questions you should begin with include:

  • When was the last time your Code of Conduct was revised?
  • Have there been changes to your company’s business model since the last revision to the Code of Conduct?
  • Have there been changes to relevant laws relating to a topic covered in your company’s Code of Conduct?
  • Are any provisions of the Code of Conduct outdated?
  • What is the budget to revise your Code of Conduct?

Three key takeaways:

  1. Every formulation of a best practices compliance program starts with a written Code of Conduct.
  2. The substance of your Code of Conduct should be tailored to the company’s culture, and to its industry and corporate identity.
  3. “Document, Document, and Document” your training and communication efforts.
Categories
Daily Compliance News

January 6, 2021, the Flip Flop edition


In today’s edition of Daily Compliance News:

  • NYSE flip flops on delisting Chinese companies. (WSJ)
  • No clawback for Immelt. (WSJ)
  • China sentences former bank chief to execution for corruption. (NYT)
  • NDAA and China. (WSJ)
Categories
The Ethics Experts

TEE Open To Work Bonus Episode 001: Gwen Romack

Categories
MoForecast

MoForecast: Predictions on U.S. Enforcement Trends in Asia


In this episode of MoForecast, Morrison & Foerster partner James Koukios speaks with fellow partners Tim Blakely, Dan Levison, and Chen Zhu about what to expect from U.S. enforcement in Asia under the new Biden Administration.

The MoForecast podcast series, produced by global law firm Morrison & Foerster, looks into what we saw in the legal landscape under the Trump administration and how policies might change under President Biden by leveraging the firm’s decades of private practice experience and insight from former government roles. Discover more MoForecast episodes.
About the Speakers
James Koukios is co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high‑stakes government enforcement actions and complex internal investigations. He previously served as a federal prosecutor at the U.S. Department of Justice (DOJ), where he was the lead prosecutor in two landmark FCPA related trials: United States v. Esquenazi and United States v. Duperval. While at DOJ, James also served as lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs. He also previously served as Special Counsel to then-FBI Director Robert S. Mueller, III.
James is joined in this episode by:

  • Timothy Blakely, managing partner in Morrison & Foerster’s Hong Kong office and head of the firm’s Hong Kong Litigation Department
  • Dan Levison partner in Morrison & Foerster’s Singapore office and former Chief of DOJ’s Market Integrity and Major Frauds Unit
  • Chen Zhu partner in Morrison & Foerster’s Washington, D.C. office and former Chief of DOJ’s Market Integrity and Major Frauds Unit

The Morrison & Foerster team is made up of talented defense lawyers, including many who once served as prosecutors and regulators. The team helps firm clients resolve their legal issues by immersing themselves in how their clients think and operate. Learn more about the firm’s Investigations + White Collar Defense group.
 

Categories
Innovation in Compliance

Integrity Matters: Exploring the NDAA – Part 3: New Law, New Opportunities


Welcome to this special podcast series, Integrity Matters: Exploring the NDAA, sponsored by K2 Integrity. This week I visit with Chip Poncy, Global Co-Head Financial Crimes Risk Management practice and member of K2 Integrity’s Board, and Gail Fuller, Managing Director at K2 Integrity. Over the week, we will break down the changes to the Bank Secrecy Act (BSA) and changes in enforcement authority to Financial Crimes Enforcement Network (FinCEN) which are found in the recently passed National Defense Authorization Act (NDAA). Topics include breaking down the big picture, company formation reform, new opportunities under this new law, coming change to corporate governance under the NDAA and the long view of the new law. In Part 3, I am joined by Gail Fuller to look at some of the opportunities under the new law.
Join us tomorrow as we continue our podcast series by visiting with Chip Poncy on changes in governance brought about by the new law.
For more information go to the K2 Integrity website.
For more information on the Dedicated Online Financial Integrity Network (DOLFIN) click here

Categories
MoForecast

MoForecast: Predictions on Privacy and Cybersecurity


In this episode of MoForecast, Morrison & Foerster partner James Koukios speaks with fellow partners Alex Iftimie and Julie O’Neill about what to expect in the Privacy and Cybersecurity space under the new Biden Administration.

The MoForecast podcast series, produced by global law firm Morrison & Foerster, looks into what we saw in the legal landscape under the Trump administration and how policies might change under President Biden by leveraging the firm’s decades of private practice experience and insight from former government roles. Discover more MoForecast episodes.
About the Speakers
James Koukios is co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high‑stakes government enforcement actions and complex internal investigations. He previously served as a federal prosecutor at the U.S. Department of Justice (DOJ), where he was the lead prosecutor in two landmark FCPA related trials: United States v. Esquenazi and United States v. Duperval. While at DOJ, James also served as lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs. He also previously served as Special Counsel to then-FBI Director Robert S. Mueller, III.
James is joined in this episode by:

  • Alex Iftimie, partner in Morrison & Foerster’s San Francisco office, former Counselor to the Attorney General, Deputy Chief of Staff and Counsel to the Assistant Attorney General for National Security, and Special Assistant United States Attorney in the Eastern District of Virginia.
  • Julie O’Neill, partner in Morrison & Foerster’s Washington, D.C. office

The Morrison & Foerster team is made up of talented defense lawyers, including many who once served as prosecutors and regulators. The team helps firm clients resolve their legal issues by immersing themselves in how their clients think and operate. Learn more about the firm’s Investigations + White Collar Defense and Privacy + Data Security groups.
 

Categories
Great Women in Compliance

Ask Us Anything

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

The Great Women in Compliance podcast is back!  In this joint episode, Lisa and Mary kick off 2021 with an “ask us anything” episode where the questions were solicited from the GWIC Community.

Mary and Lisa discuss substantive issues including their opinions what may happen in 2021, including whether compliance enforcement will change in the US given the change in administration; how organizations may change their management and leadership in the E&C function, and the “new new normal” from COVID.

They also talk about their own goals for 2021 for professional development and growth, both in their full-time jobs and in learning and thought leadership.  As usual, they also laugh and discuss the lighter side of what the amazing compliance community does every day.

Lisa and Mary also note that they always appreciate feedback on the podcast, potential guests, and topics to discuss, and solicit any thoughts from listeners.

Have you heard that the Great Women in Compliance Book, Sending the Elevator down is now available in an electronic version?  Head to Amazon to get your copy today!

If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?

As always we’re so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up, or would just like to reach out and say hello, we always welcome hearing from our listeners.

Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Into the Weeds

5 Issues for Compliance Professionals in 2021


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. Today we consider five issues that compliance practitioners need to watch in 2021. We also talk about the second five which did not make the Top 5 but you still need to watch. Some of the issues we consider are:

  • What will be the implications of the Covid-19 vaccine and RTW?
  • The Anti-Money Laundering Law of 2020.
  • The first Biden Administration announcement.
  • Climate Change Disclosures.
  • The SolarWind Cybersecurity Disaster.
  • A special bonus from Matt.

Resources
For more information see Matt’s blog post in Radical Compliance:
Five Compliance Events to Watch in 2021