Categories
Enron: Trial of the Century

The Enron Trial Episode 5 – What is the Legacy of Enron and the Trial of the Century?


The final episode in The Enron Trial series is here. In part 5, Tom Fox and Loren Steffy take a look at Enron’s legacy, fifteen years after the trial. 

Why Should the Trial Be Remembered? 
“What the trial really brought home for everyone was the human toll that these kinds of corporate malfeasance cases can have,” explains Loren. When companies try to do whatever is necessary to keep their stock prices up at all costs, a lot of long-term harm comes out of it, “Enron wasn’t only an accounting failure… above all else, it was a human failure.” 
Enron’s Innovations 
Looking back on Enron’s successes, you begin to wonder, ‘What if?’ Loren highlights how unfortunately it panned out for the corporation, stating that, “They really were out in front of a lot of these trends. Unfortunately they shot themselves in the foot with their accounting.” 
Fifteen Years Later – What Has Changed? 
There’s a lot that can be learned from the fall of Enron; corporate responsibility is viewed differently, now. It’s no longer only about shareholder value, but also an improved focus on corporate governance. “We’ve realised that our corporations have greater responsibilities in that they have responsibilities to their employees, and they have responsibilities to their communities,” Loren tells Tom.
RESOURCES
Loren Steffy | LinkedIn | Twitter 

Categories
Hidden Traffic Podcast

Immigration and Human Trafficking with Jean Bruggeman


Jean Bruggeman is Executive Director at Freedom Network USA, an organization with over a decade of leadership in supporting providers of direct services to survivors of human trafficking in the United States. She is a highly effective leader with 20 years of management experience in the non-profit legal and social services sector. She discusses the shortcomings of the immigration system and how it affects human trafficking, and what human trafficking looks like in the US.

In the case of domestic violence against an immigrant spouse, the traditional system is biased towards the abuser if they are a US citizen. They are essentially “handed another weapon in their arsenal to abuse and exploit their spouse,” as they can use their partner’s immigration status as a tool of power over them. There is now a law under the Violence Against Women Act that allows immigrant women to apply for their own visas, therefore taking the control away from their spouses.
Human trafficking is not about a few bad apples, Jean shares. Freedom Network is pulling out all the stops to get at the systemic issues of policy choices and immigrations systems that don’t protect or empower workers, and the racist, misogynistic history in US laws that put people at risk of being victimized.

Resources
Jean Bruggeman on LinkedIn

Categories
Classroom Insiders

Classroom Insiders Podcast: How Justice Powell Weakened the SEC’s Control


Lidia Kurganova is a 2L at Washington and Lee, and a staff writer on Law Review. She plans to work at Weil, Gotshal and Manges this summer in their New York office, and hopes to specialize in either corporate or technology, or an intersection of the two. In this episode of Classroom Insiders, Lidia discusses how Justice Powell gradually loosened the SEC’s hold on insider trading regulation. 

Insider trading was regulated by states up until the 1960’s, when President Kennedy appointed  Chairman William Cary of Columbia Law, who wanted the SEC to have broad regulatory powers. Chairman Cary provided a new federal basis for broad enforcement powers of insider trading, which was then adopted by the Second Circuit in the Texas Gulf Sulphur case and birthed the disclose-or-abstain rule. This decision would stand for the next decade as the preeminent insider trading rule, until Chiarella and Justice Powell.
Justice Powell chipped away at the SEC’s regulatory overreach case by case, starting with Chiarella v. SEC where he introduced the fiduciary relationship element to the disclose-or-abstain rule, and then Dirks v. SEC where he is credited for adding a personal benefit element to the tipper-tippee rule. The majority opinion written by Justice Powell established a personal benefit test, which requires courts to determine whether an insider tipper personally benefits indirectly or directly from disclosure. Three examples of personal benefits are: pecuniary gain, reputation gain, and a presumption of benefit due to close friend or family member relationship.
Resources
Karen Woody on LinkedIn

Categories
This Week in FCPA

Episode 288– the 13 Second edition

How long does it take to win a NFL playoff game? Patrick Mahomes says 13 seconds. After perhaps the most thrilling NFL playoff game ever,  Tom and Jay are back look at some of the week’s top compliance and ethics stories this week in the 13 Seconds edition.

Stories

1.     TI-CPI 2022 Report out. Results not good. TI-CPI Press Release. Rick Messick says make it useful in GAB. Jaclyn Jaeger is disheartened in Compliance Week (sub req’d).
2.     Compliance officer burnout? Dick Cassin explores in the FCPA Blog.
3.     Emphasizing the ‘G’ in ESG. David Simon in LinkedIn.
4.     Investor demand driving ESG risk and compliance initiatives? Valerie Charles and Tracy Groves in CCI.
5.     Human Rights Due Diligence. James Reardon and Tomas Navarro look at Switzerland’s new law  in FCPA Blog. Tom considers your corporate Human Rights strategy in a 2-part blog series in the FCPA Compliance and Ethics Blog.
6.     Monaco Speech and Compliance in 2022. Stephanie Yonekura and Rupinder Garcha  in CCI.
7.     DOJ announces shift in antitrust policy. DOJ Press Release. Matt Kelly in Radical Compliance.
8.     ESG and M&A in 2022. Wachtel lawyers in Harvard Law School forum on Corporate Governance.
9.     FTC compliance risk re: cyber and privacy. Debevoise lawyers in Compliance and Enforcement.
10.  Cultural and ESG to-do list for 2022 for CCO. Mike Volkov in Corruption Crime and Compliance.

Podcasts and More

11.  In January on The Compliance Life, I visited with Valerie Charles, partner at StoneTurn. Val has one of the most interesting journeys in compliance. In Part 1, she discussed her academic background and early professional career. In Part 2, she discussed her move to ComTech. In Part 3, Valerie moved into the consulting world. In the concluding Part 4, Valerie looks down the road for what’s ahead.
12.  The Everything Compliance gang took a deep dive into the Microsoft acquisition of Activision Blizzard in a special episode.  Check out the Shout Outs and Rants. Finally the gang had a special tribute to Meatloaf here.
13.  CCI releases new e-book from Tom “FCPA 2021 Year in Review”. Available free from CCI.
14.  Trial of the Century-the Enron Trial. This week, Tom premiered a 5-part podcast series on the Enron Trial with Loren Steffy, who covered the trial for the Houston Chronicle. In Part 1, run up to the trial. In Part 2, the trial begins. In Part 3, the star witnesses and key testimony. In Part 4, the Verdict comes in. In Part 5, what did it all mean. It is be available on the Compliance Podcast Network, Megaphone, iTunes, Spotify and all other top podcast platforms.
15.  Check out 31 Days to a More Effective Compliance Program returns, which runs for the month of January, from January 1 to January 31. Available on the Compliance Podcast NetworkMegaphoneiTunes, and all other top podcast platforms.
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.

Categories
Daily Compliance News

January 28, 2022 the DeFi Edition


In today’s edition of Daily Compliance News:

  • DeFi popular for money-laundering. (WSJ)
  • Myanmar poses high business risks. (WSJ)
  • SEC wants more visibility into PE funds. (WSJ)
  • Increased Russian sanctions coming. (WSJ)
Categories
Compliance Kitchen

UK Plastic Packaging Tax


UK’s new Plastic Packaging Tax set to begin soon.

Categories
Enron: Trial of the Century

The Enron Trial Episode 4 – The Verdict Comes In

 
Loren Steffy and Tom Fox have another conversation as The Enron Trial series nears the end. In episode 4, Loren Steffy recalls the aftermath of the guilty verdict. 
 

 
The Verdict and Counts of Conviction 
Jeffrey Skilling was convicted of 19 counts, his sentence totaling 185 years, and Kenneth Lay was looking at 120 years in prison. Skilling was actually sentenced to 17 years, which was then reduced to 12. Kenneth Lay passed away prior to his sentencing, and so, the verdict was vacated. 
 
The Prosecution and Defence 
“The defense team was stunned,” said Loren, “I think that the attorneys, as well as the defendants, believed that they were going to get a not guilty verdict.” The prosecution, on the other hand, felt a great sense of relief and accomplishment; this was an uphill battle from a prosecution standpoint in many ways. Jeffrey Skilling appeared stoic; though there were stories that indicated he disagreed with the verdict, he seemed to have accepted his fate. 
 
The Jurors and The Judge 
Loren commends the jurors, believing they deserve a lot of credit for their involvement in the trial. “I think they did a really good job of listening to the arguments and considering them,” he said. What was interesting, to him, was their response to Andrew Fastow’s testimony, one that Loren found to be credible, “It was like that didn’t really factor into their decision nearly as much as we thought it would when we were watching all of it unfold.” According to him, the judge certainly understood the magnitude of the case, and tried to be very careful in his administration of the case to avoid mistakes that could have led to a mistrial, “Everyone really understood that this was a big trial, and they were playing on the big stage.”
 
RESOURCES
Loren Steffy | LinkedIn | Twitter 
 
 

Categories
Everything Compliance

Episode 93, the Activision Blizzard Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also thrilled to be honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Karen Woody, Jonathan Armstrong, Tom Fox, Matt Kelly and Jay Rosen. We discuss some of the key issues from the Activision Blizzard acquisition by Microsoft in the context of the BeeGees.  We also have a special tribute section to Meatloaf as well as Shout Outs and Rants.

1. Karen Woody used Staying Alive to look at the SEC angle on the acquisition. Karen shouts out to workers in the travel industry for getting travelers home during the holidays.  Woody paid tribute to Meatloaf’s acting career, the Rocky Horror movie and the song Hot Potootie Bless My Soul which her father still loves and is played annually at his birthday.

2. Jay Rosen reviewed To Love Somebody in asking what role can a monitor play in this matter? Rosen ranted about longtime Boston sportswriter Dan Shaughnessy who voted against David Ortiz for the HOF and shouted out to Big Papi’s response. Jay paid tribute to You Took the Words Right Out of My Mouth, Meatloaf’s acting and SNL performances.

3. Matt Kelly considered Massachusetts to consider the anti-trust angles and whether Microsoft can turn the corruption culture at Activision around. Kelly laments the missing child Heather Montgomery and all the officials who did not take her mother’s report of her disappearance seriously.  Matt paid tribute to those listeners who are too young to remember Meatloaf.

4. Jonathan Armstrong used How Can You Mend a Broken Heart to look at EU and UK anti-trust issues as well as data privacy concerns under GDPR. Armstrong shouts out artist Tracy Emin for demanding No. 10 pull her artwork due to the corruption of BoJo. Jonathan paid tribute to Meatloaf’s financial support of Jonathan’s local football club Hartlepool United.

5. Tom Fox considered the role of the Microsoft Board of Directors in the acquisition. He shouted out to the Joel Coen movie Macbeth and started Oscar buzz by further shouting out to Kathryn Hunter for her portrayal of the 3 sisters.  Tom paid tribute to Paradise by the Dashboard Lights.

 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 jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.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.

Categories
Daily Compliance News

January 27, 2022 the Big Papi Edition


In today’s edition of Daily Compliance News:

  • Intel overturns $1.2 EU anti-trust fine. (WSJ)
  • PED users kept out of HOF (or not). (ESPN)
  • TI-CPI released. (Compliance Week)
  • J&J attempt to punish whistleblowers quashed. (Reuters)
Categories
The Walden Pond

The Walden Pond: Responsible Innovation in Crypto and Compliance


Malcolm Wright is the founder of InnoFi Advisory. As a former Chief Compliance Officer at a large cryptocurrency exchange, Malcolm now advises companies on ensuring responsible innovation in digital finance. All companies, and their compliance officers, need to be familiar with cryptocurrencies and the trend towards decentralized finance. Malcolm describes how current compliance concepts such as “Compliance by Design” and “Know Your Customer (KYC)” are still applicable in the crypto space and gives practical advice to legal and compliance professionals on how to navigate in the crypto future. 

The year 2021 brought with it an explosion of different non-fungible tokens (NFTs) used for funding projects of all shapes and sizes, which often happens in decentralized finance where the whole ecosystem is run by smart contracts – automated contracts driven by code. Having an NFT is basically a digital certificate of provenance. The emergence of these NFTs and their uses has heralded the creator economy, and will revolutionize the way culture, finance, and our societies work.
For the last few years in crypto, there has been significant focus on centralized exchanges and custodians, but recently focus has shifted towards other areas of risk. At InnoFi, they consider how risks can present themselves not only from an anti-money-laundering perspective, but also a consumer protection perspective. 
Resources
Malcolm Wright on LinkedIn
To learn more, and contact Vincent Walden, please visit Alvarez and Marsal