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Popcorn and Compliance

Star Trek IV-The Voyage Home

In this podcast series, recovering screenwriter (and Mr. Monitor) Jay Rosen and Tom (the Compliance Evangelist) indulge in passion for the movies by looking at them through the lens of compliance. Jay is a contemporary movie fan and I am more of a classic movie maven so we present a well-rounded view of the movie fandom. If you want to indulge in your love for the movies with two guys who are passionate about Hollywood and get some ideas for your compliance program, this is the podcast series for you. For this  offering, we consider the Star Trek IV-The Voyage Home.
Some of the highlights include:

  • Why did this movie have such humorous themes?
  • The key message in this movie is to listen.
  • What are some of the leadership lessons from this movie?
  • Why every CCO needs allies in the C-Suite.
  • Can a city be a character in a movie?
  • Tom gives the movie a full bucket and a medium sized Diet Coke. Jay gives the movie an overflowing bucket but takes it to a new level with a Slurpee with a shot of whisky thrown in.

We will interrupt this series of Star Trek movies to look at the key Star Wars movies leading up to release of the final chapter in the original 9-part saga envisioned by George Lucas, The Rise of Skywalker. The series will run the week of December 16-20. May the force be with you.

Categories
Daily Compliance News

December 7, 2019, the Pearl Harbor Day edition

In today’s edition of Daily Compliance News:
·       DOJ says corporate compliance program can only help so much. (NYT)
·       Ericsson readies for billion-dollar FCPA enforcement action.  (Bloomberg)
·       Another United CEO steps down. (Washington Post)
·       Bribery scandal in Israeli military procurement. (TimesofIsrael)

Categories
Daily Compliance News

December 6, 2019, the Is FIFA Corrupt edition

In today’s edition of Daily Compliance News:

  • Did FIFA admit Qatar bribed its way to hosting the World Cup. (NYT)
  • Musk says calling someone a ‘pedo guy’ is OK. (NYT)
  • Another United CEO steps down. (Washington Post)
  • Uber releases report on rapes and murders by its drivers. (WSJ)
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This Week in FCPA

Episode 182 – the Farewell to DC Fontana edition

The lads mourn the passing of DC (Dorothy Catherine) Fontana this week. She was one of the earliest driving forces behind Star Trek and a great screenwriter. Jay mourns the Texans first in over his Patriots in the 21st Century and they then turn to some other of this week’s top compliance and ethics stories which caught their collective eyes.
1.     Bribery and Corruption on trial. Boustani admits paying bribes but found not guilty. How did that happen? Rick Messick explains. Conversely, 6 FCPA defendants have been found guilty this year. Dick Cassin reports.
2.     DOJ tweaks FCPA Corporate Enforcement Policy. Mike Volkov reviews. Davis Polk lawyers weigh in.
3.     Assistant Attorney General Brian A. Benczkowski Delivers Remarks at the ACI Conference on the FCPA.
4.     The most idiotic FCPA article ever.
5.     Jay reminices on the founding of AMI and the creation of the independent integrity monitor.
6.     What are ethical downsides to AI in FinTech and RegTech? Kristin Broughton explores.
7.     Don’t encourage employees to speak up if you are not ready to listen. Bob Conlin explains why.
8.     Fallout continues from massive money-laundering scheme ‘down under’. Jonathan Rausch.
9.     A framework to think about ESG, corporate purpose and governace. Frank Glassner.
10.  Ten things to do in preparation for CCCP. Lori Tripoli reports.
11.  On the Compliance Podcast Network, Tom interview AMI MD, Mikhail Gordon for a sponsored podcast series on Aspects of Monitorships. In Part 1, why independence is so critical; in Part 2,  the ABA on Monitors; in Part 3, How international teaching informs compliance; in Part 4 cultural differences in int’l and domestic monitorships and in Part 5, the evolution of monitorships.
12.  Reflections on DC Fontana.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

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The Walden Pond

Pioneering Fraud Prevention Research with John Warren


This week’s guest on The Walden Pond podcast is John Warren, General Counsel for the Association of Certified Fraud Examiners (ACFE). He has been working for several years with the Institute for Fraud Prevention (IFP), an academic research foundation that has provided financial and data support for over 50 studies in the areas of fraud, corruption and white-collar crime. The ACFE Foundation has now taken over the IFP operations. In addition to giving scholarships, the ACFE will support academic researchers to do serious studies on issues that would benefit CFEs and other anti-fraud professionals.
Listen to the Episode:

As the world’s largest anti-fraud organization, John says that the AFCE is well-suited to disseminate research findings to its 85,000 members who can make practical use of the information. In 2020 and beyond, researchers can compete for funding for projects they believe will drive practical results for anti-fraud professionals. If selected to proceed to the selection round, they must pitch their ideas before a Shark Tank-style selection committee. The committee will then decide on the projects they will support based on budget and the value they believe the project will bring to the industry. John points out that the ACFE prides itself on providing data support, since researchers are always looking for good data. 
John tells Vince that going forward, he hopes to see corporations and government regulators working alongside academia to solve long-standing problems in the anti-fraud space.
Resources
ACFE.com
Email John: jwarren@acfe.com 
 

Categories
Everything Compliance

Episode 55-the Compliance Year Under Trump, Part 1

Welcome to the only roundtable podcast in compliance. Today, begin a two-part series on our fan favorite year-end wrap up on the state of compliance under the Trump Administration. We have been following this topic since Trump was elected in 2016 and it one of the most anticipated podcast releases for the year. Today, we have a triple serving of Jay Rosen, Matt Kelly and with a potpourri of topics. Rants and shouts outs follow the commentary for this episode.

  1. Matt Kelly looks at what the SEC has accomplished (or not) over the past year as I pose the question “has Jay Clayton actually done anything?” Kelly rants about Attorney General Bill Barr’s theory of the unitary executive and blaming the Secular Left for the ills under Trump.
  1. Jay Rosen discusses compliance programs from the Benczkowski Memo to Evaluation of Corporate Compliance beyond, what does it mean for the compliance practitioner. Rosen rants about the cultural morass in Boston which led to the Patriots signing Antonio Brown and then shouts out to them for not only cutting him but not resigning him as they clearly need a competent receiver.
  1. Tom Fox sits in this episode to discuss the policy announcements which promoted corporate compliance programs this year; including the Criminal Division’s Guidance on compliance programs, the Antitrust Division’s Guidance on compliance programs and the OFAC Compliance Framework. Fox provides advice to Elon Musk that if you are unveiling a bullet proof car on live TV, then make sure the windows are actually bullet proof before you throw metal balls at them and they shatter.

Resources:
From Tom Fox, white papers on each of the three topics, all available on CCI:
OFAC Framework
Antitrust Division Compliance Program
Criminal Division Compliance Program
The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Sarah Hadden –Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Daily Compliance News

December 5, 2019, the Trump Runs from London edition

In today’s edition of Daily Compliance News:

  • Peleton takes heat over TV ad. (Washington Post)
  • Warren takes aim at bank mergers. (NYT)
  • Assistant Attorney General Brian A. Benczkowski Delivers Remarks at the ACI Conference on the FCPA. (DOJPress Release)
  • Risk and AI. (WSJ)
Categories
Daily Compliance News

December 4, 2019, the Running from Trump edition

In today’s edition of Daily Compliance News:

  • NATO host BoJo flees London to avoid Trump. (FT)
  • Razak takes stand, blames Low for looting 1MDB. (FT)
  • Boeing and regulatory capture. (FT)
  • Rest of world cannot trust America on trade policy. (FT)
Categories
FCPA Compliance Report

Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 4: Developments from Multilateral Development Banks with Michael DeBernardis

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 4, I visit with Michael DeBernardis, on developments from Multilateral Development Banks in the fight against bribery and corruption over the past year.
Some of the highlights include:

  • What is the role of Multilateral Development Banks in the fight against bribery and corruption?
  • What were the key enforcement actions reported by the World Bank?
  • What were changes in whistleblower protection over the past year in France?
  • Why are these developments so significant?
  • What are some key lessons for the compliance practitioner?

Resources
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here.

Categories
FCPA Compliance Report

Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 3: Anti-Bribery Enforcement in France with Bryan Sillaman

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 3, I visit with Bryan Sillaman, Managing Partner of the firm’s Paris office, on developments in France regarding anti-bribery enforcement over the past year.
Some of the highlights include:

  • What were the anti-bribery prosecutions under Sapin II?
  • What were the first decisions by the AFA on compliance programs?
  • What were changes in whistleblower protection over the past year in France?
  • Why are the developments of a DPA equivalent so significant in France?
  • What the requirement for entering into a settlement agreement in France?

Resources
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here.