Categories
FCPA Compliance Report

FCPA Compliance Report-Episode 423, Sarah Hadden on the New CCI

In this episode I visit with Sarah Hadden, the new Editor-in-Chief at Corporate Compliance Insights (CCI). We discuss her professional background in journalism and her journey to becoming EIC at Corporate Compliance Insights. Some of the highlights from the podcast include:

  1. Her professional background as a journalist and how it informs her thinking for CCI.
  2. What drew her to CCI and the compliance space?
  3. Her ascension to the EIC role at Corporate Compliance Insights.
  4. How did CCI accomplish content marketing?
  5. What do you hope to accomplish with CCI?
  6. The CCI website recently went through a face-lift. What are some of the key elements of this new look?
  7. Why is CCI “not a house cat anymore”?
  8. Where can listeners go for more information?
  9. Calling all authors-CCI looking for new contributors

Resources:
Check out the newly redesigned CCI Website here.

Categories
Daily Compliance News

Daily Compliance News: March 25, 2019-the would you do business with this man edition

MARCH 25, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

Categories
Blog

King Lear Week: Part I – Innovation in Compliance Podcasting

This past weekend I was lucky enough to catch the performance of King Learwith Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week. Today, I want to use the nature of the production, to introduce the day’s topic of some great new innovation and additions to the Compliance Podcast Network.
Gold’s Lear production was both unique and innovative. It was quite a large stage but the lightening was used to great effect. When the director wanted to shift the action, to another group of actors or topic, the lights were simply shut off to the actors not involved. They did not have to exit the stage and then return. This allowed them to remain on stage and the action could move back and forth without disruption.
The second innovation was in the use of music. While I am generally not a fan of music in Shakespeare, unless used in the original show notes, such as bugles blaring; I am not a fan of music in the performances. However there was a classical quartet which played throughout the performance that I felt truly enhanced the entire production. Finally, I normally revolt at any singing in a Shakespearian production. There were a couple of singing scenes which almost worked for me but at least they did not detract from the overall performance.
These two innovations in lighting and music introduce today’s topic. As many of you know, the Compliance Podcast Network is now available through the online streaming service Spotify. With the revamp of Corporate Compliance Insights (CCI), the Compliance Podcast Network is now available on that site as well. Both of these additions are in addition to the other platforms I currently distribute the podcasts through, including the FCPA Compliance Report, Megaphone, JDSupra, YouTube and iTunes. By adding Spotify and CCI to the number of platforms for distribution of the Compliance Podcast Network, it continues to have the widest reach of any podcast in compliance.
Continuing this theme of innovation at the Compliance Podcast Network, I am extraordinarily pleased to announce that there are two new podcasts, which have been approved by iTunes,  and now join Great Women in Compliance as two additional non-Tom Fox produced podcasts, Modern Medium and Phorensically Speaking. They premier on this site today, as well as all other platforms going forward. They will be posted bi-weekly going forward.
The podcast Modern Medium is presented by Paris Fox  and will help the compliance practitioner understand two key challenges: communicating compliance to millennials and the full use of graphic design and art in a best practices compliance program. While you probably do not consider the philosophy behind the use of graphic arts to be a part of your compliance remit, if you follow this podcast you will not only understand the use of this communication tool but also more broadly understand communications in the context of your compliance program. Finally, your communication with millennials will be the largest part of your job going forward because they will likely constitute the largest component of your workforce. Reaching them and incorporating their thought leadership into your compliance program will be a key for you moving forward. Finally, if you find yourself stuck in a creative rut, sometimes it’s difficult to know where to begin with an idea. Even when you do have an idea, it’s easy to get caught up in what you think something is supposed to be or what it’s supposed to look like. It is an important part of the process to learn how to let go. The Modern Medium podcast will assist you in this quest!
The podcast Phorensically Speaking is presented by Jonathan Marks. Marks is a prolific author, speaker and thought leader in the forensic accounting space. You may know him from his blog, Board and Fraud, speaking at industry events or scholarly articles. If you have been fortunate enough to work with him, consider yourself lucky for having collaborated with a thought leader in the field. I have been after Marks to join the compliance podcast network for some time and he has finally done so. Listen in and learn from one of the country’s top forensic accountants/compliance practitioners about the difference in perspective from a legal trained compliance practitioner.
In addition to these two great new podcasts premiering today, I have added two podcasts from outstanding podcasts series. They are Dupe of the Week, a weekly podcast that discusses deception in a variety of areas such as business, politics, education, nonprofits and love. It’s a quick way to protect yourself from becoming a victim. Join forensic accounting experts Kelly Richmond Pope and Bill Kresse for a look into the latest scams. Some of the most recent podcasts include the college-admissions scandal, the Fyre Festival, Christmas purchasing scams and many others.
The second podcast addition is Mike Volkov’s signature podcast from his website, Corruption, Crime & Compliance. In addition to his uber-cool use of the Henry Mancini’s The Pink Panther theme music, he breaks down the Foreign Corrupt Practices Act (FCPA), compliance, data privacy, anti-trust and a wide variety of other issues. It is also a weekly podcast.
I hope you will join me all week and more importantly enjoy my exploration of this most innovate and unique production of King Learas well as the story of one of Shakespeare’s greatest tragedies to introduce a daily compliance topic. Tomorrow I will consider the story of Lear’s family, as it was presented as the key to this latest production of Shakespeare’s greatest tragedy.
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, 2019

Categories
This Week in FCPA

This Week in FCPA-Episode 147 – the Spring has Sprung edition

As the St. Patrick’s Day weekend is past and Spring has sprung all over Tom and Jay are back to take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.

  1. What are some of the lessons for compliance professionals from the college admissions scandal? Bob Conlin and Carrie Penman lay them out in Navex’s Ethics and Compliance Matters. 
  2. How did the FCPA Corporate Enforcement Policy change for messaging apps? Nate Lankford and Dawn E. Murphy-Johnson spell it out for you in the FCPA Blog.
  3. What’s the difference between concurrent, consecutive and stacked? Sara Kropf explains it all her great blog, Grand Jury Target.
  4. Even the big dogs can be defrauded. Kristen Broughton reports on fraud which cost Google and Facebook over $100MM in the WSJ Risk and Compliance Journal.
  5. Training wheels will continue to be useful in the future. Ken Wielerstein explains in the Analysts Syndicate.
  6. The business response leads to better compliance through FinTech. Matthew Epstein and Robert Werner discuss in NYU’s Compliance and Enforcement Blog. Sonny Singh in Corporate Compliance Insights.
  7. Cyber breach disclosures are a mess. Matt Kelly reports in Radical Compliance.
  8. The Editor speaks on insider threats. Compliance Week Editor Dave Lefort discusses what he learned at Compliance Week West, in Compliance Week. (sub req’d)
  9. Jaclyn Jaeger looks inside the FBI Office of Integrity, in Compliance Week. (sub req’d)
  10. Following up on his blog post series on the MTS FCPA settlement, Tom moves to the audio format for a podcast series on the enforcement action.Check out the following: Part 1-background;Part 2-bribery schemes; Part 3– missed red flags; Part 4-the individual indictments; and Part 5-lessons learned. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotifyand Corporate Compliance Insights.
  11. In Houston on Tuesday? Join Tom and Katie Smith at Convercent’s Roundtable Lunch. Registration and information are here. If you are not in Houston, then join Tom, Louis Sapirman and Katelyn Conlyn for a Convercent webinar on how to better engage with your employees. Registration and information for the webinar found here. Best of all, both events are FREE.
  12. Check out the latest edition of Popcorn and Compliancewhere Tom and Jay looked at Captain Marvel from the compliance perspective.
  13. Join Tom and AMI’s Jesse Caplan next week for a 5-part exploration of emerging issues in healthcare compliance and monitoring. The podcast will be available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoply, YouTube, Spotify and Corporate Compliance Insights.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

Categories
Daily Compliance News

Daily Compliance News: March 23, 2019-the who’s on your Board edition

MARCH 23, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

  • Should safety be a ‘nice to have’? (New York Times)
  • Boeing loses first contract for 737 MAX jets. (Wall Street Journal)
  • Unrepentant Rujat Gupta says jury got it wrong, he never violated the law. (New York Times)
  • What is his compliance experience? Shaq joins the Papa John Board of Directors (Business Insider)
Categories
FCPA Compliance Report

IMPACT 2019- Sam Silverstein on Accountability

In this episode I visit with Sam Silverstein about his upcoming keynote speech at IMPACT 2019, entitled “Inspiring Accountability at Every Level”. Some of the highlights from the podcast include:

  1. Why Silverstein believes that “Accountability is the Highest Form of Leadership”.
  2. The problems he sees with the way companies talk about “accountability”.
  3. How accountability can create impact and influence for your organization through a leader’s values.
  4. How accountability enhances corporate culture and improves the organization.
  5. Information on why you should attend ECI’s IMPACT 2019.

Resources:
Sam Silverstein bio here
Sam Silverstein website, on how to lead with accountability here
Registration and Information on IMPACT 2019 here.

Categories
FCPA Compliance Report

MTS Foreign Corrupt Practices Act Enforcement Action: Part V – Lessons Learned

We are on Episode V of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, MTS. In this episode,  I conclude with the lessons learned for the compliance professional. Today we focus on four key lessons: (1) due diligence, (2) business justification, (3) business valuation and (4) the long road of bribery.
The documents which are the subject of this series are:
  1. MTS Deferred Prosecution Agreement (DPA);
  2. MTS Criminal Information (MTS Information);
  3. SEC Cease and Desist Order (Order);
  4. Karimova and Akhmedov Indictment (Indictment);
  5. Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); and
  6. Kolorit Dizayn Ink Information (Kolorit Information);
  7. DOJ Press Release and
  8. SEC Press Release.
For additional reading see the blog post, “MTS FCPA Settlement and Karimova Indictment: Part V – Lessons Learned”
Categories
Daily Compliance News

Daily Compliance News: March 22, 2019-the my bracket is already blown edition

MARCH 22, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

Categories
FCPA Compliance Report

IMPACT 2019, Tony Brigmon on Joy and Laughter

In this episode I visit with Tony Brigmon about his upcoming keynote speech at IMPACT 2019, entitled “The Funomenal Workplace: Energizing People & Culture with the Positive Power of Fun”. Some of the highlights from the podcast include:

Tony’s professional history at SW Airlines as the “Ambassador of Fun”. SW is generally recognized as one of the most fun places to work in the US.

  1. Why joy and laughter are keys to a great corporate culture.
  2. Some thoughts from his book “The FUNOMENAL WORKPLACE: Energizing People & Culture with the Positive Power of Fun!”
  3. How a fun workplace enhances corporate culture and improves the organization.
  4. Information on why you should attend ECI’s IMPACT 2019.

Resources:
Tony Brigmon website here
Registration and Information on IMPACT 2019 here.

Categories
FCPA Compliance Report

MTS Foreign Corrupt Practices Act Enforcement Action: Part IV – the Individual Indictments

We are on Episode IV of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). In this episode,  I look at the individual indictments, which charged Gulnara Karimova, daughter of the former President of Uzbekistan, with one count of conspiracy to commit money laundering and Bekhzod Akhmedov, a former MTS executive based in Uzbekistan with FCPA violations of one count of conspiracy to violate the FCPA, two counts of violating the FCPA, and one count of conspiracy to commit money laundering.
The indictment discussed the three companies who paid bribes to Karimova, who then laundered the money on the international stage. They were VimpelCom Ltd. (now VEON Ltd.), Telia Company AB (formerly TeliaSonera AB) (Telia) and MTS. The schemes Karimova used were so similar as to be almost identical. The only thing that changed was the name of the company she was shaking down money from in her march towards receiving over $1 billion in ill-gotten payments.
The documents which are the subject of this series are:
  1. MTS Deferred Prosecution Agreement (DPA);
  2. MTS Criminal Information (MTS Information);
  3. SEC Cease and Desist Order (Order);
  4. Karimova and Akhmedov Indictment (Indictment);
  5. Kolorit Dizayn Ink LLC Plea Agreement (Plea Agreement); and
  6. Kolorit Dizayn Ink Information (Kolorit Information);
  7. DOJ Press Release and
  8. SEC Press Release.
For additional reading see the blog post, “MTS FCPA Settlement and Karimova Indictment: Part IV – the Individual Indictments