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This Week in FCPA

This Week in FCPA-Episode 34, the Invisible Hand Edition

In this episode Jay Rosen and I take a dive into the General Cable FCPA enforcement action, consider the ‘Invisible Hand’ of  Justice Department Compliance Counsel Hui Chen and greater regulatory enforcement, corporate response and innovation. We explain how these three factors combine in an ‘Invisible Hand’ to form a continuous improvement loop of compliance program innovation. It leads developments from cutting edge to best practices to becoming a routine part of an effective compliance program. We discuss the upcoming NFL divisional round of playoffs and conclude with Jay previewing the Jay Rosen Weekend Report. For more information on the General Cable FCPA enforcement action, check out my three-part blog post series:
Part I-the Bribery Schemes
Part II-the Comeback
Part III-the Denouement
[tweet_box design=”default” url=”http://wp.me/p6DnMo-2W9″ float=”none”]How does the invisible hand impact continuous improvement of compliance programs?[/tweet_box]]]>

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Everything Compliance

This Week in FCPA-Episode 32, the not so friendly skies edition

  • United Airlines SEC enforcement action for domestic; the Chairman’s Flight and the US Corrupt Practices Act, for a copy of the Justice Department NPA, click here and for a copy of the SEC Cease and Desist Order, click here.
  • Monetary Authority of Singapore seeks to suspend former Goldman Sachs trader in 1MDB scandal. Link to Fox blog post on Compliance Week.
  • FATF report that US weak on beneficial ownership issues, for a copy of the report, click here.
  • Wal-Mart up to $820MM in pre-settlement FCPA settlement spend, on Radical Compliance.
  • Release of eBook, Trump on Compliance.
  • SEC Director of Enforcement, Andrew Ceresny announces he will leave the SEC. See NYT article, here.
  • GibsonDunn briefing on The Road Ahead: DOJ and Federal Enforcement in the Trump Administration predicts a Southern California centered FCPA matter will be concluded by year end.
  • 10th Annual SEC & DOJ HOT TOPICS 2017 — Current Developments Materially Affecting Corporations, Financial Institutions, Individuals organized by Sandpiper Partners LLP and program developed by PwC, notes GibsonDunn partner Deb Yang listed as potential SEC Commissioner.
  • Jay Rosen weekend report update.
  • Catc[tweet_box design=”default” url=”http://wp.me/p6DnMo-2Tz” float=”none”]h up on the week’s top FCPA compliance and ethics storylines, events and issues with This Week in FCPA.[/tweet_box]]]>

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    Everything Compliance This Week in FCPA

    This Week in FCPA-Episode 29, the Brave New World edition

  • Trumps stunning and surprising win and what does it mean for regulatory enforcement and FCPA –See article in the New York Times, Deal Book — How Trump’s Presidency Will Change the Justice Dept. and S.E.C.; for additional views on see Matt Kelly’s thoughts on his site, radicalcompliance.com “5 Post-Elections Points for CCOs to Ponder; for the nightmare scenario, see Matthew Stephenson’s blog post, “US Anticorruption Policy in a Trump Administration: A Cry of Despair from the Heart of Darkness” and finally Jack Kelly’s perspective from the compliance arena in the financial services sector (Dodd-Frank), “It is Not Looking too Good for Compliance Officers in the New Trump Administration”. The next Everything Compliance podcast will be devoted to this top;
  • New French Anti-Corruption Law (Saipan II) – click here for Miller & Chevalier newsletter on this new law. http://www.millerchevalier.com/Publications/MillerChevalierPublications?find=183702
  • The VW emissions-testing scandal investigation expands. As reported in the FCPA Blog, German prosecutors name VW chairman in expanded probe;
  • 1st edition of Everything Compliance Podcast, the new podcast in the FCPA Compliance and Ethics Report podcasting network;
  • Scott Moritz continues his two-part series on compliance and M&A, focusing on post-acquisition. Click here for the FCPA Blog posting, A plan to integrate the compliance program after an acquisition;
  • Rio Tinto announces it has suspended a senior executive for payment to a consultant to assist the company obtain a mining concession in Guinea that it had previously lost. See blog post on the FCPA Compliance and Ethics Report;
  • Joe Warin and Julie Rapoport Schenker discuss the intersection of corporations, white collar defense and trials in their law review article on why companies refuse to settle and instead go to trial. To read click here; and
  • The Jay Rosen Weekend Report.
  • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2QP” float=”none”]What are the week’s top FCPA, compliance and ethics stories?[/tweet_box]]]>

    Categories
    Compliance Into the Weeds

    Compliance into the Weeds-Episode 17, budgeting for your compliance program

    Finding the Right Compliance Budget for You” on his site, radical compliance.com.
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2Qg” float=”none”]How can you determine the right budget for your compliance department?[/tweet_box]]]>

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    This Week in FCPA

    This Week in FCPA-Episode 24, the SCCE Edition

  • Misonix discloses possible FCPA violations, as reported in the FCPA Blog:
  • The Anheuser-Busch InBev SEC FCPA enforcement action, click for the SEC Order;
  • Och-Ziff SEC FCPA enforcement action, click for the SEC Order,
  • HMT LLC and NCH Corp receive Declinations yet are required to disgorge profits, for the HMT Declination letter, click here and for the NCH Declination letter click here;
  • Final thoughts by Tom and Jay on the recently concluded SCCE 2016 Compliance and Ethics Institute; and
  • Jay previews his Weekend Report.
  • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2MP” float=”none”]Och-Ziff, Anheuser-Busch in India and a new category of declinations, wrap up of the SCCE, all in This Week in FCPA.[/tweet_box]]]>

    Categories
    Compliance Into the Weeds

    Compliance into the Weeds-Episode 14, Wells Fargo and the Fraud Triangle

    Fitting the Fraud Triangle to Wells Fargo
    For more on the Wells Fargo, compliance and ethics disaster, see the following:

    1. What is Risk?
    2. Tones at the Top; and
    3. Wells Knew all Along.

    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2LH” float=”none”]Learn how the fraud triangle works for a the Wells Fargo and a variety of other corporate scandals.[/tweet_box]]]>

    Categories
    This Week in FCPA

    This Week in FCPA-Episode 21

  • Star Trek and its influence on compliance, click here;
  • SEC Press Release on whistleblower bounty payments;
  • Cisco Systems received declinations from SEC & DOJ, as reported in the FCPA Blog;
  • WSJ article Out of the SEC, Into the Whistleblower Industrial Complex
  • NYT article Whistle-Blowing Insiders: ‘Game Changer’ for the S.E.C.
  • GHBER registration for Sept. 15 panel on new ways to integrate the compliance function with the business while continuing to provide robust protection to the organization, click here.
  • Red Flag Group registration for webinar on Gathering materials from your suppliers to better understand their business practices, click here.
  • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2Kv” float=”none”]The top review of the week’s FCPA compliance and ethics. This Week in FCPA.[/tweet_box]]]>

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    Uncategorized

    FCPA Compliance and Ethics Report-Episode 272 Miller & Chevalier 2016 Latin America Survey

    here. [tweet_box design=”default” url=”http://wp.me/p6DnMo-2H2″ float=”none”]The Miller 2016 Latin American Corruption Survey provides key insights for the compliance practitioner.[/tweet_box]]]>

    Categories
    Compliance Into the Weeds

    Compliance into the Weeds-Episode 9 COSO ERM Framework

    Draft ERM Framework is Here! Get Started
    Go to Norman Marks’ blog post, We need to review and provide feedback on the COSO ERM Exposure Draft
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2CB” float=”none”]How the COSO ERM Framework will change corporate governance[/tweet_box]]]>

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    Uncategorized

    12 O’Clock High – A Podcast on Business Leadership

    12 O'Clock HighIt took far too long but it is finally here. I am pleased to announce the premier of a new podcast on leadership. It is called 12 O’Clock High – A podcast on business leadership with Tom Fox. This podcast is hosted by Richard Lummis. I founded this new podcast because I have long been interested in the topic of leadership, a subject that was not, for generations, taught in law school. As a lawyer who worked in the legal department and gravitated to compliance, I saw a real need to bring the specific topic of leadership to those who want to move up to the Chief Compliance Officer (CCO) chair. This is even more relevant for the CCO or compliance practitioner than a corporate legal function because in that position you have to work with and through a wider variety of corporate disciplines than the usual in-house lawyer.
    In researching this topic over the years, I have always been struck by the basic question of how one can strive to be a leader in business. Many in businesses think that if you are not born with the right leadership traits you can never successfully lead. The opposite is actually the truth. Leadership skills CAN be learnt, and in each episode we will explore the techniques of leadership, how to incorporate them into your own business strategy and help you become a more powerful leader in business. This podcast will help fill in skills.
    Why the name 12 O’Clock High? It is because it is one of the most powerful movies about World War II (WWII), leadership and its effects on men I have ever seen. It starred Gregory Peck and was nominated for four Academy Awards, winning two Oscars. It was one of the first films about the war to focus on the human toll rather than on the military aspects of leadership during combat. I was drawn to the leadership skills demonstrated by the protagonist, General Frank Savage, played by Gregory Peck. Peck demonstrates a range of leadership skills as the Commanding Officer of the fictional 918th Bomber Group. He uses a range of leadership skills, such as tone from the top, influence, persuasion, self-sacrifice, listening and communicating, all to rebuild his unit. I was always fascinated by Peck’s portrayal and have wanted to use it as a guide for today’s leaders and to honor my father’s generation.
    This podcast is a bit different from my other podcasts as I am being hosted by Richard Lummis. I asked Lummis to host because he has faced many of these issues in his business career. Like myself, he began his professional career as a lawyer but he later moved into the business side. He has run a series of companies ranging from energy concerns to recording studios. He had to learn many of the same lessons on leadership that I was required to learn in my corporate career. His experiences allow him to bring a unique and differing perspective to leadership and I hope you will enjoy his hosting this new podcast as much as I have in recording the episodes with him.
    I begin this new podcast with three episodes up and available for your review. In Episode 1, I discuss the seven steps to greater influence better decision-making within an organization. Here Richard and I explore those steps, provide thinking behind how and what to do, and who is responsible for each. I challenge you to examine your own leadership skills and ask, as a leader, or aspiring leader, how do you compare against these steps?
    In Episode 2, I discuss leadership lessons from running a family business. I take as my starting point an interview by Adam Bryant of Brooke Denihan Barrett about leadership lessons. She is the co-chief executive officer of the Denihan Hospitality Group, a 50-year old family business in the hospitality industry who has four key leadership principles. Through our dialogue Richard and I explain why her four lessons are important if you want to build a collaborative team.
    In Episode 3, we discuss the psychology of persuasion. We use, as a staring point, the work of Robert Cialdini. In his book, “Influence: The Psychology of Persuasion”, he laid out what he believed to be six universal principals of persuasion that can be used to hone your leadership skills. Lummis and I use this work to explore those principals and provide feedback on how you can incorporate them into your leadership style going forward.
    I plan to post a new podcast at noon on Tuesday of each subsequent week. Upcoming topics include the lessons that can be drawn from entrepreneurial leadership; how to conduct your first 100 days as a new business leader; the always difficult and tedious tasks of managing both meetings and talent; and we also explore the legacy of former Chesapeake Energy Chief Executive Officer (CEO) Aubrey McClendon who died in a car accident the day after he was indicted by a federal grand jury with conspiring to rig bids for oil and natural gas leases. We explore the allegations around McClendon’s conflicts of interest when he was CEO, the issue of reputation and leadership and what is CEO self-dealing.
    As an added benefit I will show notes for each episode that you can use as a reference and benchmark for your own leadership journey. I hope you will go over and check out my newest podcast 12 O’Clock High – A podcast on business leadership with Tom Fox and that you get as much out of it as I have garnered researching, recording and producing it for you. The podcast is also available on iTunes and you can access by clicking here. So please go over to iTunes, take a listen and if you like what you hear rate this podcast in iTunes or better yet, leave a review.
     
    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2Ci” float=”none”]
    A new podcast will give you insight into leadership in business-12 O’Clock High, a podcast on business leadership with Tom Fox.
    [/tweet_box]
    This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at tfox@tfoxlaw.com.
    © Thomas R. Fox, 2016
     
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