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This Week in FCPA

Episode 294 – the Remember the Alamo edition


Jay returns from the assignment with some observations on the ABA White Collar Conference and looks at some of the week’s top compliance and ethics stories in the Remember the Alamo edition.
Stories

  1. Should lawyers represent all stakeholders before the SEC? Matt Kelly in Radical Compliance. Tom and Matt in Compliance into the Weeds. 
  2. Lessons learned from a corrupt Olympics: Andy Spalding and Danny Hales in the FCPA Blog.
  3. How does a corporate culture become corrupt? Tom Bussen and Nitish Singh in CCI.
  4. Corruption in the Russian military. Matthew Stephenson in GAB. 
  5. MTS agrees to extend monitorship for one year. Dylan Tokar in WSJ Risk and Compliance Journal. 
  6. Why is data minimization so critical? Debevoise lawyers in Compliance and Enforcement. 
  7. Elon Musk wants out of his Consent Decree with the SEC. Dean Seal in Law360 (sub req’d)
  8. A stark warning on corporate cooperation. Wachtel Lipton lawyers in Harvard Law School Forum on Corporate Governance.  
  9. Mike Volkov on the force multiplier of ethics and sustainability. Crime Corruption and Compliance.
  10. NFTs and the SEC. Francine McKenna in The Dig (sub req’d) 

Podcasts and More

  1. In March on The Compliance Life, I visited with Audrey Harris, Managing Director at AMI, formerly CCO at BHP. In Part 1, she discusses her academic background and early professional career. In Episode 2, Audrey moves to the CCO chair at BHP.
  2. Tom and Megan Dougherty are back with 2 more episodes of the MCU series. The Winter Soldier and Guardians of the Galaxy Part 1.  
  3. David Simon returns for another session of his journey through the Oxford MBA Program on A Yank at Oxford. 
  4. Tom visits with Hill Country lawyer Craig Wolcott on The Hill Country Podcast.
  5. Highlights from the ABA White Collar Conference. 

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. 

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Daily Compliance News

March 11, 2022 the Enablers Edition


In today’s edition of Daily Compliance News:

  • Another BitMex founder pleads guilty. (WSJ)
  • Corruption stripping Cameroon?  (Crux)
  • The Enablers of Russian oligarchs. (NYT)
  • Regime change in Pakistan? (Bloomberg)
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The Walden Pond

Fraud Triangle Analytics Monitoring Using Keystroke Data with Marta Cadavid


 
Marta Cadavid is co-founder and CEO at NoFraud, an organization dedicated to fighting fraud by using technology to anticipate criminal behavior. NoFraud specializes in forensic audit, cybersecurity, and investigations of economic crimes. As a Certified Anti-Money Laundering Specialist (CAMS), Certified Fraud Examiner (CFE), AML Anti-Money Laundering Certified Associate (AMLCA), Marta possesses valuable experience that sets her a cut above the rest. She is also Consultant and International Coach of Auditool. Marta discusses how fraud triangle theory can be used to improve fraud detection.
 

 
Fraud, corruption, waste, corporate abuse and other misbehaviors destroy an organization’s value. They are the silent enemy that kills companies, Marta shares. This enemy was the driving force behind the conception of NoFraud; their goal was to be one step ahead of these misbehaviors. They now help corporations build value through the prediction, prevention, and detection of undesirable conduct at the workplace.
 
According to Marta’s research, 15-25% of people are never involved in unethical actions. Unfortunately, the larger percentage of people are prone to behaving according to the moment. NoFraud combines fraud triangle theory with artificial intelligence, data analytics and semantics to monitor patterns of keystrokes or communications from an individual. 
 
Resources
Marta Cadavid on LinkedIn
Email: marta.cadavid.a@gmail.com 
NoFraud.la | MartaCadavid.com
To learn more, and contact Vincent Walden, please visit Alvarez and Marsal
 

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Compliance Kitchen

Swiss Sanctions on Russia


Switzerland Imposes Sanctions on Russia.

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Hidden Traffic Podcast

Understanding What Modern Slavery and Human Trafficking Are with Laura Gauer Bermudez, PhD


 
Laura Gauer Bermudez is Director of Evidence and Learning at the Global Fund to End Modern Slavery. She is also a psychotherapist at Gold Therapy NYC and Westchester Psychotherapy. With over 15 years of experience in leadership, business operations, and grant-making, Laura is a social impact professional dedicated to making the clinical setting more human. She joins host Gwen Hassan to define and differentiate between human trafficking and modern slavery, and discuss GFEMS’ data-based approach to ending both.
 

 
Fundamentally, modern slavery and human trafficking are about people with more power taking advantage of those with less for profit. Often, the victims have a minority status, usually ethnic, religious, or gender-based. Though modern slavery and human trafficking often intersect, they aren’t the same thing. Human trafficking is the recruitment, transfer, transportation, harboring or receipt of persons using force, fraud, or coercion for the purposes of exploitation. Modern slavery is an umbrella term that covers multiple forms of exploitation, including human trafficking, forced labor, commercial sexual exploitation, and forced marriage. 
 
Whether the term ‘modern slavery’ is appropriate is a point of contention within the US. The reason it’s up for debate is due to the US’ own history of the transatlantic slave trade; for some, it’s an insult to equate recent forms of exploitation to the purchasing and ownership of African people as property. 
 
Resources
Laura Gauer Bermudez on LinkedIn | Twitter
Global Fund To End Modern Slavery
 

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Everything Compliance

Episode 95, the Russia Invades Ukraine Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox and Matt Kelly. We dedicate the entire episode to compliance issues arising from the Russia invasion of Ukraine. We conclude with our fan favorite Shout Outs and Rants.

  1. Karen Woody considers the impact of corruption in both Russia and Ukraine going forward. Karen shouts out to the Ukraine’s U.N. Ambassador Sergiy Kyslytsya for his impassioned plea for Russia to stop its invasion of his country this week, at the United Nations.
  1. Matt Kelly looks at the export control issues and sanctions issued by the US and its allies in this arena. Kelly shouts out Jackson Reffitt, who testified against his father in his father’s Capital Insurrection trial.
  1. Jonathan Marks discusses the sanctions which have been levied by the Biden Administration, how to assess this evolving risk and the role of the Board in managing this risk. Marks rants about Bob Blaffert (again)  and shouts out to Sonny Johnson, an autistic basketballer who made the game winning shot that helped his team win its final game of the season.
  1. Jonathan Armstrong looks at how the shooting war in the Ukraine has spilled over into a cyber war across the globe. Armstrong shouts out to Paddington Bear for giving comfort to refugees across the globe and to the voice of Paddington Bear, Ukrainian President Zelensky.
  1. Tom Fox shouts out to the Texas GOP for stopping AG Ken Paxton from renomination in the party’s primary and for forcing him into a run-off with George P. Bush.

 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
  • Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
  • 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
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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Daily Compliance News

March 10, 2022 the 4-Day Notice Edition


In today’s edition of Daily Compliance News:
·      Matthew Stephenson speaks. (Harvard Law Today)
·      Black Panther movie director arrested for ‘banking while black’.   (BBC)
·      Sunny Balwani trial to begin. (WSJ)
·      SEC proposes 4-day notice requirement for cyber breach. (Reuters)

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Jamming with Jason

Be Your Own Hero with Corey Blake


We all love a good hero’s journey story… in fact, the movies and books you love are typically based on this story type, and who doesn’t love a good hero.
You may be afraid to share your authentic story from your heart because you are scared your vulnerability will lead to judgement. But, what if the vulnerability is sexy and the only way to connect with others. You are probably afraid they will step back when they see the real you, but what usually happens is people lean in and love you more.
So much good stuff in this episode where we discuss things like: the board of directors in your head, finding a sense of safety and belonging, sharing both your light and dark, understanding your kryptonite, and how to be your hero.
Tune in at: https://www.jasonmefford.com/jammingwithjason259/
Corey Blake began his storytelling career as an actor. Today, Corey is the founder and CEO of Round Table Companies (RTC), the publisher of Conscious Capitalism Press, and a speaker, artist, and storyteller.
Learn more and connect with Corey at: https://www.roundtablecompanies.com/ and register for his 12-week storytelling course mentioned in this episode.

Categories
Compliance Kitchen

Additional Belarus Sanctions


Treasury rolls out additional sanctions on Belarus for facilitating Russian aggression in Ukraine.

Categories
Career Can D0

Your Health is Your Wealth with Diana Galindo


 
In this episode of Career Can Do, Mary Ann Faremouth chats with Diana Galindo, a nutritional therapist with a background in corporate marketing in the oil and gas industry. Diana served 12 years as the Honorary Consul General of Bolivia. Diana is highly motivated to help people improve their mental fitness and protect their brain from neurodegenerative diseases. She talks about healthy eating, and shares insights on what that entails.
 

 
Diana started doing research about health and wellness when her father was diagnosed with Parkinson’s disease. She wanted to find ways to slow down the progress of the disease. She gained new insights about food and the brain: that food is connected to mood, our gut health is linked to our brain health, and there are essential nutrients for our brains, are a few such insights.
 
The impact of COVID-19 on the US has been devastating, and further proves how important it is to eat for your health. Because of the number of chronic diseases that significant percentages of the population suffer from, the country’s general health was already weakened. Diana recommends that listeners take note of how many plant foods they eat in a day, including spices, and that they should have at least three or four colors of food on their plates.
 
Resources
Faremouth.com