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FCPA Survival Guide

FCPA Survival Guide – Step 10 – Lesson on Speak Up Culture, Triage, and Internal Investigations

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo lay out the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss lesson number 10, your investigation process.

Tom and Nick discuss the importance of establishing a culture where employees feel empowered to speak up, the process of triaging and conducting internal investigations, and the significance of these practices in modern compliance programs. They reflect on the shift in workforce mentality towards valuing integrity and the practical implications for ethics and compliance teams in today’s knowledge economy. They emphasize the necessity of effective internal reporting mechanisms and middle management’s strategic role in capturing risk intelligence. The conversation explores the challenges and opportunities in optimizing compliance processes to mitigate risks and demonstrate organizational effectiveness to regulators like the DOJ and SEC.

Key Highlights and Issues

  • The Importance of Speak Up Culture
  • Workforce Dynamics and Compliance
  • Challenges in Compliance Reporting
  • Whistleblower Programs and Internal Reporting
  • Optimizing Compliance Processes

Resources:

Nick Gallo on LinkedIn

Ethico

The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action

Tom

Instagram

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YouTube

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LinkedIn

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Everything Compliance

Everything Compliance: Episode 138, The AI in The EU Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. We have a plethora of topics for this episode, including the DOJ Whistleblower Incentive Program, a look at Solar Winds, a new Caremark decision, an effective internal audit and the new AI law in the EU, which we slice and dice from a variety of perspectives.

We have the full quintet of Matt Kelly, Jonathan Armstrong, Karen Woody, Jonathan Marks, and our newest panelist, Karen Moore, all hosted by Tom Fox.

1. Jonathan Armstrong takes a look at the new EU Low regarding AI. He shouts out to Sir Andy Murray for a great career and life.

2. Matt Kelly asks multiple questions about the form of the guilty plea and what it may mean for compliance professionals going forward. He rants about Wyoming Senator Cynthia Lummis and her legislation for a Strategic Bitcoin Reserve.

3. Karen Moore considers the Centene case, which denied a Caremark claim. She rants about German TV only showing German competitors in their Olympic coverage and she shouts out to the perseverance of Ukrainians, where students attending class at the Kyiv School of Economics will stop class during an air raid and start class again when the All Clear is given.

4. Tom Fox shouts out to Simone Biles and the beauty, power, and grace of women’s gymnastics at the Olympics, going back to Olga Korbut.

5. Karen Woody takes a deep dive into the district court’s recent dismissal of the SEC complaint against SolarWinds. She shouts out to President Biden for bringing hostages home from Russia and a job well done.

6. Jonathan Marks reviews what makes internal controls effective.

The members of Everything Compliance are:

The host, producer, rantor (and sometimes 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 award-winning Compliance Podcast Network.

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Compliance Tip of the Day

Compliance Tip of the Day: The Unethical Request

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 happens and what the effects are when a superior makes an unethical request to you.

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

To check out The Compliance Handbook, 5th edition, click here.

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It's art

It’s art, let’s talk about it: Behind The Easel: A Chat with Bill Kalwick

The Museum of Western Art is dedicated to excellence in the collection, preservation, and promotion of Western Heritage and the education and cultural enrichment of our diverse audiences. The Museum serves as a bridge between the past and the present, ensuring that the legacy of the American West will be preserved for the future. Western Art is as engaging and important as ever. In this award-winning podcast series, Museum Executive Director Darrell Beauchamp welcomes renowned oil painter William (Bill) Kalwick to discuss his artistic journey.

Bill shares how his father and legendary artists like Lajos Markos influenced him, recounts his formal training at the Art Students League in New York, and shares his unique experiences painting in Guatemala and Mexico. He offers invaluable advice to young artists about pursuing workshops and working from home. The conversation delves into his creative process, the importance of a ‘body of work,’ and the evolving art world. With humor and insights, Bill candidly talks about his inspirations, daily routines, and the future of western art.

Highlights Include:

  • Artistic Beginnings
  • Advanced Studies and Mentorship
  • Exploring New Subjects: From CEOs to Guatemala
  • Advice for Aspiring Artists
  • Changes in the Art World
  • The Importance of a Body of Work
  • Future of Western Art and Final Thoughts
  • Differences in Artistic Style

Resources:

Museum of Western Art

Darrell Beauchamp on LinkedIn

William Kalwick 

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Trekking Through Compliance

Trekking Through Compliance – Episode 67 – Lessons in Cultural Humility from The Empath

In this episode of Trekking Through Compliance, we consider the episode The Empath, which aired on December 6, 1968, and occurred on Star Date 5121.5

Story Synopsis

The episode centers around Captain Kirk, Mr. Spock, and Dr. McCoy, who are sent to investigate a research outpost on Minara II.

Upon arrival, the crew discovers that the planet’s sun is about to go nova, threatening all life in the system. They encounter an alien species known as the Vians, who have captured a mute empath named Gem. The Vians have been conducting experiments to test the crew’s capacity for self-sacrifice and compassion, using Gem’s empathic abilities to heal injuries by absorbing pain and wounds.

Throughout the episode, the crew endures various forms of torture at the hands of the Vians, who wish to determine if Gem is capable of understanding and valuing the human traits of sacrifice and empathy. The crew’s willingness to endure suffering for one another ultimately influences Gem, proving to the Vians that she can learn these human traits.

Ultimately, the Vians save Gem and her planet, seeing the potential for compassion and selflessness. “The Empath” explores themes of sacrifice, empathy, and the power of compassion in the face of adversity.

Commentary

The plot involves the Enterprise landing party discovering an abandoned station on a planet near a supernova, leading them to meet a mute, empathic woman named Jim. The episode highlights themes of self-sacrifice and empathy as the crew faces ethical trials set by the Vians. Compliance lessons from the episode include the importance of cultural humility, immersive cultural exchanges, respect for local customs, building trust, and recognizing the limitations of an outsider’s perspective. These insights can improve the effectiveness of compliance programs in cross-cultural contexts.

Key Highlights

  • Story Synopsis: The Empath
  • Key Plot Points and Character Actions
  • Fun Facts and Continuity Issues
  • Cultural Humility in Compliance

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha

Categories
Compliance Into the Weeds

Compliance into the Weeds: The DOJ Whistleblower Incentive Program

The award winning, 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.

Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the recently announced Department of Justice (DOJ) Whistleblower Incentive Program.

Last week, the DOJ announced a whistleblower pilot program, offering monetary rewards to whistleblowers who report corporate misconduct. Whistleblowers can receive up to 30% of the net proceeds of a settlement resulting from their tip. The program covers various types of corporate crime, including bribery, healthcare fraud, and Foreign Corrupt Practices Act (FCPA) violations.

This program puts pressure on compliance programs to quickly investigate and address reported misconduct. It also raises questions about how whistleblowers will be rewarded in cases where there is a declination or non-prosecution agreement. The SEC case involving a whistleblower award highlights the importance of handling whistleblower reports effectively.

Key Highlights:

  • DOJ Announces Whistleblower Pilot Program
  • Covering Various Types of Corporate Misconduct
  • Tension Between Self-Reporting and Whistleblower Reporting
  • Recent SEC whistleblower award as a cautionary tale

Resources:

Matt in Radical Compliance 

Tom

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Daily Compliance News

Daily Compliance News: August 7, 2024 – The (Don’t) Bring Out Your Dead 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:

  • Funeral Parlors in China are under investigation for corruption. (South China Morning Post)
  • Did KKR founders get something for nothing?   (WSJ)
  • Concerns with new DOJ whistleblower bounty program. (WSJ)
  • Can a FCPA violation be a RICO claim?  (Law360)

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

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Compliance Tip of the Day

Compliance Tip of the Day: Psychological Safety and Compliance

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 how to create psychological safety in your organization.

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

To check out The Compliance Handbook, 5th edition, click here.

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Great Women in Compliance

Great Women in Compliance: Shruti Shah – The Power of Informed & Passionate Partnership

In this Great Women in Compliance episode, Hemma Lomax interviews Shruti Shah, a Senior Policy Advisor for Anti-Corruption in the Office of the Coordinator on Global Anti-Corruption at the U.S. Department of State. Shruti and Hemma explore how the US government builds partnerships with the private sector and civil society globally to implement the US Strategy on Countering Corruption.

Highlights include personal stories about the unstoppable power of informed and passionate individuals, the acknowledgment that corporate executives working in compliance are part of a global community, and the recognition that persistence pays off. Learn more about the benefits of a public-private partnership and collaboration, including some key initiatives run by the Department of State, USAID, and several multilateral organizations, and discover how you can learn more or get involved. Shruti is a beacon of inspiration who reminds us all to take pride in the part we can play in a movement toward eradicating global corruption.

Key Resources mentioned in the episode:

About Shruti:

Shruti is a Senior Policy Advisor for Anti-Corruption in the Office of the Coordinator on Global Anti-Corruption at the U.S. Department of State.  In this role, she plays a key role in implementing the U.S. Strategy on Countering Corruption, helping to integrate anti-corruption measures into U.S. foreign policy and global engagement.  She also coordinates initiatives to build partnerships with the private sector and civil society, enhancing collaborative efforts to combat corruption on a global scale.  As a representative of the State Department, Ms. Shah frequently speaks at international conferences focused on anti-corruption, ethics, and integrity, promoting U.S. Government objectives and fostering global collaboration

Prior to joining the State Department, Shruti Shah was the President & CEO of the Coalition For Integrity (formerly Transparency International-USA), where she spearheaded the organization’s initiatives to develop and promote strategies for reducing corruption and enhancing transparency in both the public and private sectors. Her key responsibilities included collaborating with companies and industry associations to compile and disseminate best practices for compliance with anti-corruption laws. Notably, she produced guidance on the Use of Machine Learning for Anti-Corruption Risk & Compliance.  Additionally, she successfully led the organization’s Corporate Forums, which brought together senior compliance counsel and ethics officers to share insights and advance best practices

Ms. Shah brings a wealth of experience in anti-bribery compliance and anti-corruption issues, with over a decade of work with leading Big 4 accounting firms, including PwC and KPMG, across the United States, the United Kingdom, and India. In the United States, her expertise centered on ethics, anti-corruption compliance, and conducting internal investigations.

Her contributions have been recognized by prominent media outlets such as CNN, PBS NewsHour, BBC, Huffington Post, and C-SPAN. She has also been quoted in esteemed publications like the New York Times, Washington Post, and The Financial Times. Additionally, she has served as a contributing editor for the FCPA Blog.

#GWIC is proud to announce that it has been nominated for the #WomenInPodcastAwards.  This is a people’s choice award and whether you vote for #GWIC or other nominees, we ask that you send the elevator back down by voting. Voting opens August 1, 2024, and details can be found on the #GWIC LinkedIn page at http://www.linkedin.com/groups/12156164

Resources:

Join the Great Women in Compliance community on LinkedIn here.

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Trekking Through Compliance

Trekking Through Compliance – Episode 66 – Investigative Lessons Learned from Wink of an Eye

In this episode of Trekking Through Compliance, we consider the episode Wink of an Eye, which aired on November 29, 1968, and occurred on Star Date 5710.5

While exploring an outer quadrant of the Galaxy, the Enterprise receives a distress call from the planet Scalos. However, a landing party needs help locating the transmission’s source. Kirk thinks he detects the buzzing of insects, but the tricorder does not register them. Queer goings-on follows when Compton disappears right in front of McCoy.

After their return to the Enterprise, malfunctions occur aboard the ship, which cannot be explained. Kirk correctly concludes that aliens have been beamed aboard. Spock detects an alien machine being installed into the environmental control, but when Spock attempts to disconnect the machine, he is prevented by a force field. Kirk then disappears.

Kirk makes a tape for Spock, and he explains all this. McCoy discovers the tape, and Spock reads it by considerably slowing it down. Spock then speeds himself up, and the Scalosians are returned to their planet to live out the rest of their lives, recognizing that the Federation will not permit any more Starships to enter the area.

Commentary

The storyline follows the Enterprise responding to a distress call from Scalos, where they encounter the rapidly accelerated Scalosians. Captain Kirk and his crew grapple with malfunctions, an accelerated metabolism, and a plot to use Enterprise crew members for propagation. The episode highlights key compliance lessons, such as understanding time perception, considering alternative perspectives, gathering comprehensive evidence, and maintaining investigation adaptability. Fun facts about the episode’s production and approach to 1960s television standards regarding sex are also shared.

Key Highlights

  • Story Synopsis
  • Key Plot Points and Developments
  • Fun Facts and Continuity
  • Investigative Lessons from ‘Wink of an Eye’

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha