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Riskology

Riskology by Infortal™: Episode 38 – 2024 Risk Highlights

Join hosts Dr. Ian Oxnevad and Chris Mason as they highlight the 2024 season of Riskology by Infortal.

The Growing Importance of Geopolitical Risk

In 2024, geopolitical risk has increasingly taken center stage in boardroom discussions. Companies are recognizing the complex interplay between global events and their business operations. Firms increasingly acknowledge the need to integrate geopolitical risk management into their corporate strategies and compliance programs.

Board members have also shown a growing interest in geopolitical risk, understanding that global events can have substantial knock-on effects on their operations. This shift is particularly vital given the recent impact of geopolitical events and conflicts worldwide.

By establishing dedicated teams and intelligence networks, firms are now better positioned to consider geopolitics in strategic decision-making and everyday operations. This shift in focus demonstrates that geopolitical risk management is no longer a niche concern but a critical element of corporate governance.

The Reality of Geopolitical Risk

Companies must be vigilant and adaptable, as geopolitical events directly affect global supply chains, market stability, and business continuity.

Establishing robust risk management frameworks that include geopolitical considerations is beneficial and necessary for navigating the current global risk landscape. The lessons learned in 2024 remind businesses to continuously update their risk assessments to reflect the ever-changing geopolitical environment.

The Importance of Risk Intelligence and Due Diligence 

An increasingly complicated global risk environment requires understanding your risk exposure and spotting emerging risks before they threaten your business.

This requires tapping into the right intelligence to unpack hidden risks.

This also means conducting due diligence, including geopolitical risk analysis, when making significant investment or operational decisions.

The Election Impact and the Surge of Populism

The election cycle of 2024 was one of the most dramatic and consequential in recent memory.

Over half the world went to the polls, with significant political shifts across various regions. In the Western Hemisphere, there’s been a notable surge in populism, driven by the perception that mainstream institutions and political bodies have fallen out of touch with the average citizen.

Post-election change is on the horizon, and it will impact geopolitics as new regulations, tariffs, and sanctions emerge.

International Trade and Supply Chains

As we transition into 2025, one of the critical questions centers around the stability and functionality of international trade and supply chains. The disruptions witnessed in recent years due to geopolitical tensions and global conflicts have necessitated reevaluating supply chain strategies.

The reshaping of global trade routes and supply chains due to geopolitical tensions has underscored the need for both nearshoring and reshoring. Nearshoring—moving production closer to home markets—offers numerous benefits. This trend is being driven by:

  • Cost Reductions: Savings on shipping and logistics.
  • Supply Chain Resilience: Mitigating risks associated with international disruptions.
  • Speed to Market: Faster delivery times and reduced lead times for new product launches.

Reshoring, bringing manufacturing back to the company’s original country, is also gaining traction. This is particularly relevant in industries facing stringent regulatory requirements or where operational control is critical. The economic landscape is visibly shifting, with governments incentivizing domestic production through subsidies and tax breaks.

Preparing for 2025 and Beyond

As we prepare for the economic and regulatory realities 2025, businesses must prioritize adaptability and foresight. Navigating this evolving landscape requires a proactive approach. As new geopolitical developments emerge, staying informed and prepared will be key to sustained success.

We hope you join us for the latest episode of Riskology by Infortal.

Read full show notes at Infortal Worldwide

Resources:

Infortal Worldwide

Email

Dr. Ian Oxnevad on LinkedIn

Chris Mason on LinkedIn

Categories
Corruption, Crime and Compliance

BIT Mining Resolves FCPA Case for $10 Million and CEO Pan Indicted

What happens when a Chief Executive Officer becomes the architect of a global bribery scheme? In this episode of Corruption, Crime, and Compliance, Michael Volkov delivers an in-depth analysis of the BIT Mining FCPA case — a landmark matter that underscores the severe consequences of C-suite misconduct. With CEO Zhengmin Pan at the center of the conspiracy, BIT Mining’s efforts to infiltrate Japan’s emerging casino market were built on fraudulent payments, sham contracts, and falsified financial records.

Michael examines the tactics used to conceal illicit payments, the role of Japanese authorities in uncovering the misconduct, and the broader implications for corporate compliance and executive accountability.

You’ll hear him discuss:

  • How BIT Mining’s former CEO, Zhengming Pan, supervised a $2 million bribery scheme targeting Japanese government officials to secure entry into Japan’s integrated resort (IR) market.
  • The tactics used to launder bribe payments include sham consulting agreements, inflated lecture fees, and misclassifying bribes as “management advisory fees” and “travel expenses” in company records.
  • The DOJ’s charges against Pan included conspiracy to violate the FCPA’s anti-bribery and books-and-records provisions, multiple counts of books-and-records violations, and substantive anti-bribery offenses.
  • The terms of Bit Mining’s three-year Deferred Prosecution Agreement (DPA) with the DOJ, which included an agreed-upon $10 million criminal penalty, were reduced from an initial $54 million based on the company’s inability to pay.
  • The SEC’s parallel enforcement action, which resulted in a $4 million civil penalty, was later credited against the DOJ’s settlement amount.
  • How did Japanese enforcement authorities play a crucial role in uncovering the scheme, and what ultimately led to Bit Mining’s failure to win the integrated resort bid?
  • Practical compliance takeaways for corporate boards and executive teams, including the importance of strong third-party due diligence, financial control safeguards, and executive oversight to prevent and detect misconduct at the top.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Daily Compliance News

Daily Compliance News: December 16, 2024 – The Not Paying Musk 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 in 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.

  • McKinsey hit with $650MM for opioid work, fraud. (Reuters)
  • Not Paying Musk could cost Tesla $100MM. (FT)
  • Return to the Office (or else). (WSJ)
  • Another whistleblower was found dead. (BBC)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Categories
All Things Investigations

All Things Investigations – Mike Huneke on Navigating Uncharted Waters: Compliance Strategy in a Changing Administration

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox joined Mike Huneke to explore the impact of the recent election on corporate compliance and enforcement.

Key topics include the continuity of corporate enforcement, the focus on national security in anti-corruption efforts, and the implications of U.S. policies on business operations in China. The dialogue also highlights the importance of a holistic and multidisciplinary approach to risk management and the need for corporations to engage in public policy discussions proactively. Mike provides a nuanced perspective on how businesses can navigate the evolving regulatory environment through detailed analysis and real-world examples.

Key highlights:

  • Corporate Enforcement Trends
  • FCPA Enforcement Policies
  • China Policy and Business Implications
  • Holistic Risk Management Framework
  • Proactive Public Engagement

Resources:

Hughes Hubbard & Reed website

Mike Huneke

Categories
FCPA Compliance Report

FCPA Compliance Report – The Art of Influence and Leadership: Insights from Jennifer B. Gardner

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jennifer B. Gardner, a seasoned trial lawyer and expert in leadership and influence. She shares her unique professional journey, from running her law practice to becoming a master storyteller in the courtroom.

Jennifer delves into the importance of emotional intelligence, right-brain communication in influencing and persuading, and the necessity of understanding human psychology to lead and connect with diverse audiences effectively. Jennifer also sheds light on how these skills translate into the corporate compliance world, emphasizing the power of crafting messages that resonate emotionally and using simple, compelling language.

She offers practical tips on combining data with storytelling, understanding one’s audience, and developing resilience in high-pressure situations. Whether you are a compliance officer, lawyer, or business leader, Jennifer’s insights provide valuable strategies for becoming more influential and effective in your professional role.

Highlights in this episode:

  • Jennifer’s Journey into Law and Leadership
  • The Power of Influence in Law
  • Applying Influence in the Corporate World
  • The Art of Storytelling in Legal Cases
  • Somatics and Leadership
  • The Importance of Self-Awareness and Mindfulness
  • Exploring the Art of Influence Program

Resources:

Jennifer B. Gardner on LinkedIn

Gardner and Associates Law Firm

The Art of Influence

Tom Fox

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Facebook

YouTube

Twitter

LinkedIn

Categories
Sunday Book Review

Sunday Book Review: December 15, 2024 – The Top Leadership Books from 2024 Edition

In the Sunday Book Review, Tom Fox considers books that would interest the compliance professional, the business executive, or anyone who might be curious. These could be books about business, compliance, history, leadership, current events, or anything else that might interest Tom. This month of December, we will review the top books in some key areas of interest for compliance professionals. This week, we will review four books on leadership from 2024.

  • Atomic Habits by Nick James Clear
  • Start with Why by Simon Sinek
  • Trust and Inspire by Stephen Covey
  • The Culture Code by Daniel Coyle

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending December 14, 2024

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should remember from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • South African politicians slam token fine levied on McKinsey. (FT)
  • South African government is not working with McKinsey for the G-20.  (Bloomberg)
  • Fifth Circuit invalidates NASDEQ diversity requirements. (Reuters)
  • Ex-Trafigura COO says he was negligent, not criminal.  (Bloomberg)
  • Senators asked TD Bank to release the investigation results. (WSJ)
  • Former TD Bank employee charged.  (CNN)
  • Continued robust export control enforcement is predicted. (WSJ)
  • Patagonia fighting forced labor through exploring ‘atomic make-up’ of clothing. (WSJ)
  • Appeals Court upholds law requiring the sale of TikTok. (Reuters)
  • Methode discloses FCPA investigation. (MSN)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

You can check out the Daily Compliance News, which features four curated compliance and ethics stories each day, here.

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Connect with Tom 

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Categories
Because That's What Heroes Do

Deep Space 9 – Episode 19: Exploring ‘Far Beyond the Stars’ – Themes of Racism and Reality in DS9

Get ready for an exciting new season of Because That’s What Heroes Do. This season, they take a deep dive into their favorite 15 episodes of Deep Space 9. In this exploration, Tom and Megan are joined by Star Trek maven Alex Murphy (Murphy) from Montreal, a local historian, cinema, and TV fan who loves weird foreign films, all things horror, and obscure media. He has been watching Trek since he was a tiny punk, and it’s been a lifelong love. The team reviews the Far Beyond the Stars of Star Trek: Deep Space Nine, one of Tom’s all-time favorite episodes.

In this episode, Captain Sisko finds himself experiencing life as a Black science fiction writer in 1950s Harlem. The narrative explores themes such as racism, the struggles of following one’s dreams versus societal expectations, and the nature of reality itself. Through a blend of science fiction and social commentary, the episode offers a unique lens into character reimaginations and their inherent traits drawn from DS9’s universe. The podcast delves into the contrasts and similarities of characters’ alternate personas, the social challenges of the 1950s, and the continuous, layered test presented to Sisko by the Prophets.

Key highlights:

  • Exploring the Story of Benjamin Sisko
  •  Themes of Racism and Society
  • Murphy’s Analysis of Character Personas
  • The Penance of Benny Russell
  • Sisko’s Eternal Test of Loyalty
  • Comparing Madness: Sisko vs. Dukat

Resources:

Megan Dougherty 

LinkedIn

One Stone Creative

Twitter

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: December 14, 2024

Welcome to the Kerrville Weekly News Roundup. Each week, veteran podcaster Tom Fox and his colleagues Andrew Gay and Gilbert Paiz get together to go over a couple of their favorite stories from the past week from Kerrville and the greater Hill Country. Sit back, enjoy a cup of morning coffee, and listen in to get a wrap-up of the Kerrville Weekly News. We each consider two of our favorite stories and talk about the upcoming weekend’s events, which we will enjoy or participate in this weekend.

In this episode, Tom takes a solo turn to examine some of the things that caught his attention over the past week.

Stories include:

  • Lots of Christmas events in Kerrville
  • KPUB provides update
  • Trout fishing in Kerrville
  • Sneezin’ Season in the Hill Country
  • Schreiner University names new VP of Enrollment Management

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

The Lead

Kerrville Daily Times

Categories
All Things Investigations

All Things Investigations: FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In part 5 of the 5-part series, host Tom Fox is joined by Sam Salyer on some key trends and highlights in enforcement and compliance from 2024.

Tom and Sam explore the smaller number of corporate enforcements and the significance of four individual trials, including the notable Myrta and Aguilar cases. Sam elaborates on the DOJ’s updated Evaluation of Corporate Compliance Programs (ECCP), emphasizing the importance of emerging risks and technology. They also delve into the DOJ’s new whistleblower program, its implications for internal compliance professionals, and the potential effects of the recently signed Foreign Extortion Prevention Act. This episode is a comprehensive wrap-up for compliance officers and legal professionals aiming to stay ahead in 2024.

Key highlights:

  • Enforcement and Compliance in Brazil
  • Enforcement in France and the Success of the Paris Olympics in Compliance
  • ESG for US companies under the Trump Administration

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Sam Salyer