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The Ethics Experts

Episode 172 – Shin Jae Kim

In this episode of The Ethics Experts, Nick welcomes Shin Jae Kim.

Head of TozziniFreire´s Compliance & Investigation practice group and member of the firm´s Executive Committee, Shin Jae Kim is a pioneer in the development of the Compliance field in Brazil.

She specializes in the strategic coordination of initiatives that involve relationships with government bodies, crisis management, and corporate investigations across all industries and sectors.

https://br.linkedin.com/in/shinjaekim

Categories
Corruption, Crime and Compliance

Deep Dive into The Trafigura FCPA Settlement

On the heels of the Gunvor FCPA settlement for $661 million, DOJ announced its settlement with Trafigura, the latest commodities trading company to fall under DOJ’s FCPA Sweep against the industry. Trafigura joined the list of international commodity trading companies to suffer FCPA enforcement actions like Vitol, Sergeant Marine, Glencore, Freepoint, and Gunvor.

DOJ’s corporate resolutions are connected to individual prosecutions and guilty pleas of 19 individuals, including six government officials, eight corrupt intermediaries, and five trading companies.

Trafigura Beheer B.V. (“Trafigura”), based in Switzerland, plead guilty and agreed to pay $126 million as part of a plea agreement to resolve FCPA violations in Brazil. Trafigura pleaded guilty to conspiracy to violate the anti-bribery provisions of the FCPA and agreed to pay a fine of over $80 million and forfeiture of $46 million. DOJ agreed to credit up to $26 million of the fine against the amounts Trafigura pays to resolve an ongoing Brazil investigation.

  • Trafigura, a global commodity trading company, pleaded guilty and agreed to pay $126 million to resolve FCPA violations in Brazil, involving a corrupt scheme to pay bribes to Brazilian officials to secure business with Petrobras.
  • DOJ cited Trafigura’s cooperation and acceptance of responsibility, including providing timely updates, facilitating employee interviews, and producing relevant documents, but criticized their failure to preserve and produce certain evidence in a timely manner.
  • Trafigura’s bribery scheme involved paying bribes to Petrobras officials from 2003 to 2014 to obtain and retain business, with payments ranging from 5 to 20 cents per barrel for oil transactions.
  • The bribery payments were facilitated through offshore bank accounts, U.S. banks, and coded language in emails, with Trafigura entities earning approximately $51 million in profits from the scheme.
  • DOJ’s successful sweep of the commodities trading industry resulted in six corporate resolutions and 20 individual convictions, totaling over $1.7 billion in penalties, emphasizing the importance of robust compliance and surveillance strategies.
  • Trafigura’s lack of compliance oversight and failure to maintain proper third-party due diligence or risk management programs allowed the bribery scheme to operate with impunity, highlighting the need for enhanced controls and monitoring in high-risk industries.
  • Despite the challenges faced during the investigation, Trafigura’s guilty plea and cooperation with DOJ demonstrate a commitment to addressing corruption and compliance issues in the global commodity trading sector.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Career Can D0

Boost Your Career with Travel with Cindy Peck

What if you could transform your life and career through the power of travel?

Join Mary Ann Faremouth on this episode of Career Can Do as she sits down with Cindy Peck, the mastermind behind Traveling Texans.

Cindy shares how traveling with a group can lead to new friendships, exposure to different cultures, and personal growth. With over 15 years of experience as a travel agent, Cindy has organized unforgettable trips that have left a lasting impact on the lives of many.

Discover the benefits of group travel, the importance of camaraderie in healthy aging, and how exploring the world can enhance your creativity and productivity in the workplace.

Traveling in a group offers numerous benefits, such as making new friends and experiencing new cultures. Cindy Peck, the founder of Traveling Texans, emphasizes the importance of camaraderie and new friendships as part of healthy aging. She states, “The group environment and making new friends are part of healthy aging.” Traveling with a group also provides safety, convenience, and competitive pricing, so you can explore the world and build lasting connections with like-minded individuals.

Travel allows for networking opportunities and potential professional connections you might not have otherwise. “You never know what’s going to come from taking a trip,” Mary Ann says, and she shares her own story of unexpected networking and job opportunities while on a cruise. One job candidate even impressed a potential employer by bonding over a shared love of Paris. At Traveling Texans, Cindy makes sure to welcome people of all ages from around the world, expanding that potential network even more.

Traveling in a group not only enriches your life with new experiences but also contributes to personal growth and well-being. Mary Ann reflects on how her trip with Traveling Texans inspired creativity, relaxation, and a sense of rejuvenation. She notes, “I came back from this trip so inspired, so rested, and so much more creative.” By stepping out of your comfort zone, exploring new destinations, and forming meaningful connections, you can enhance your overall well-being and cultivate personal growth.

Resources:

Cindy Peck on LinkedIn | Traveling Texans Instagram | Traveling Texans Meetup Page

Faremouth.com

Categories
Daily Compliance News

Daily Compliance News: April 15, 2024 – The 1st Criminal Trial Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • The US wants to beef up CFIUS. (WSJ)
  • Nigeria recovers $27MM in a corruption probe. (Barron’s)
  • Venezuela arrests more PdVSA execs. (Bloomberg)
  • Silence and omission are not securities fraud. (Reuters)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
Compliance Tip of the Day

Compliance Tip of the Day: Impact of The Monaco Memo On Investigations

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider what additional pressure the Monaco Memo put on companies to get their investigations done quickly and to get it done right.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
All Things Investigations

All Things Investigations: Compliance Lessons from Gunvor and Trafigura Enforcement Actions

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I joined by Mike DeBernardis to mine compliance lessons from the recently announced Gunvor and Trafigura FCPA enforcement actions.

Mike DeBernardis is a seasoned professional with a comprehensive understanding of FCPA enforcement actions and compliance matters, a perspective deeply informed by his numerous client advisory roles on self-disclosure decisions related to FCPA violations and his regular participation in industry discussions.

DeBernardis believes that FCPA enforcement actions are increasingly considering past misconduct as a determinant in assigning penalties and discounts. He underscores the necessity for companies to be proactive and innovative in their remediation efforts rather than simply adhering to minimal compliance standards. He also notes a decrease in the reliance on external monitors in FCPA resolutions, potentially due to businesses taking more initiative in improving their compliance programs and directly reporting to the DOJ.

In DeBernardis’ view, the Department of Justice’s approach to FCPA enforcement is dynamic and adaptive, with companies helping shape best practices through their communication with outside counsel and the DOJ itself.

Key Highlights:

  • Impact of Self-Disclosure on FCPA Penalties
  • DOJ’s Quantifiable Self-Disclosure Benefits in FCPA
  • Cross-Regional Executives in Trafigura Bribery Scheme
  • Innovative Risk Mitigation Strategies in FCPA
  • Rewarding Compliance Efforts in Energy Trading

Resources:

Hughes Hubbard & Reed website

Mike DeBernardis

Categories
FCPA Compliance Report

FCPA Compliance Report: DOJ on AI and Data/Intellectual Property Protection

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this special edition, Tom welcomes Jessica Nall, a partner at Baker McKenzie who leads the firm’s West Coast investigations and compliance practice, and Maria Piontkovska, a Senior Associate in the same practice group.

We deeply dive into their article about the recent speeches by Department of Justice representatives at the ABA White Collar Conference on the new DOJ whistleblower program, AI, data protection, and intellectual property protection.

Jessica Nall and Maria Piontkovska are prominent legal professionals specializing in white-collar defense and corporate investigations. Jessica, a seasoned attorney with over 20 years of experience, leads Baker McKenzie’s white-collar practice in California, and Maria is a skilled US white-collar attorney originally from Ukraine.

Both regard the ABA White Collar Conference as an essential platform for the defense bar, government investigators, and compliance leaders to gather for discussions and networking. Nall sees the conference as vital for disseminating new compliance expectations and enforcement trends announced by government officials. At the same time, Piontkovska highlights the importance of the direct line of communication with these officials, providing insights straight from the source.

Their perspectives on the conference are shaped by their extensive experiences in the field and drive their contributions to the discussions and policies related to white-collar defense and compliance.

Topics Covered in This Episode:

  • Key Figures Discussing Trends in Compliance
  • Corporate Transparency Incentive Initiative
  • Financial Incentives for Anti-Corruption Self-Disclosure
  • Navigating Risks: AI in Corporate Compliance
  • Data Mapping for International Data Security

Resources:

Jessica Nall on LinkedIn

Maria Piontkovska on LinkedIn

Compliance Steps After ABA White Collar Crime Conference

United States: Department of Justice announces new corporate compliance directives for AI along with increased penalties for AI-related misconduct

Baker McKenzie

Tom Fox

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For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
Uncovering Hidden Risks

Ep 11 – Cybersecurity 101: What are the Three Pillars of a Robust Strategy

Cybersecurity is not just a defensive strategy; it can be a powerful driver of an organization’s success. In this episode, host Erica Toelle talks to Nashid Shaker, AVP, Information and Cyber Security Strategy at Canadian Western Bank Financial Group, and Antonio Maio, Managing Director at Protiviti, about how to tactically create a cybersecurity strategy that aligns with business goals, fosters trust, and enables innovation. Nash is an experienced and innovative cybersecurity leader passionate about orchestrating secure digital transformations that fuel growth, leveraging a multidisciplinary background in strategic planning and cybersecurity.

In This Episode, You Will Learn:

  • When it’s time to re-evaluate your cybersecurity strategy
  • What cybersecurity leaders should think about today to prepare for a future that will use AI.
  • Predictions for cybersecurity in the next 2–4 years.

Some Questions We Ask:

  • What is the top risk that organizations tend to overlook?
  • What are some tips for how cybersecurity leaders should engage with the C-suite?
  • Can cybersecurity contribute to an organization’s bottom line or mission?

Resources:

View Nash Shaker on LinkedIn

View Antonio Maio on LinkedIn

View Erica Toelle on LinkedIn

Related Microsoft Podcasts:               

Listen to: Afternoon Cyber Tea with Ann Johnson 

Listen to: Security Unlocked

Listen to: Security Unlocked: CISO Series with Bret Arsenault

Discover and follow other Microsoft podcasts at microsoft.com/podcasts

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