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FCPA Compliance Report

FCPA Compliance Report – Recent DOJ Policy Announcements

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, Tom Fox welcomes back James Tillen and Ann Sultan, both partners at Miller & Chevalier, and takes a deep dive into four recent DOJ policy announcements: FCPA Enforcement, White-Collar Enforcement, Criminal Enforcement Policy, and the Whistleblower Pilot Program.

They take a deep dive into Deputy Attorney General Todd Blanche’s memo on Investigations and Enforcement of the FCPA, reviewing the stated main goals of the DOJ and how prosecutors are supposed to achieve these goals. They also consider three directives to prosecutors: focus on cases involving individual misconduct, proceed expeditiously, and consider the collateral consequences. They also examine the White Collar Plan and CEP and ask if we have shifted from a presumption of declination to a more tangible framework and conclude by reviewing what compliance professionals need to consider and investigate now.

Key highlights include:

  • How does the principle of “not attribute[ing] nonspecific malfeasance to corporate structures” impact potential prosecutions of companies and individuals?
  • And how do these priorities jive with other DOJ priorities, such as prosecuting cartels/transnational criminal organizations?
  • What does it mean for companies that the DOJ is prioritizing “serious misconduct”?
  • What are the implications of the DOJ’s stated intent to avoid penalizing “routine business practices in other nations”?
  • Do you see this as a shift in focus for the DOJ to non-US companies?
  • Other DOJ Priorities & Announcements
  • Policy Shifts and Clarifications
  • Looking Ahead: What’s on the Horizon

Resources:

FCPA Spring Review 2025 – Miller & Chevalier

DOJ Criminal Division White Collar Plan

Guidelines for Investigations and Enforcement of the FCPA

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For more information on the use of AI in compliance programs, see Tom Fox’s new book, Upping Your Game. You can purchase a copy of the book on Amazon.com

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Blog

Investigative Lessons from Sherlock Holmes: The Sign of Four

Corporate compliance and Sherlock Holmes may seem worlds apart, but compliance professionals and Sir Arthur Conan Doyle’s legendary detective share a core responsibility: uncovering truths hidden behind complex webs of evidence. “The Sign of Four,” one of Doyle’s most gripping Sherlock Holmes tales, offers powerful investigative insights directly applicable to the realm of compliance. Here are five key lessons compliance professionals can draw from Holmes’s investigative methods in this classic novel.

1. Precise Documentation: “Methodical Observation”

In The Sign of Four, Sherlock Holmes emphasizes the importance of methodical and precise documentation as crucial to solving complex mysteries. Early in the narrative, Holmes carefully examines a mysterious note received by Miss Mary Morstan. His meticulous observation of handwriting, paper quality, and ink composition enables him to deduce the note’s origin and purpose, thereby setting the course of the investigation.

Compliance professionals should emulate Holmes by rigorously documenting every aspect of an investigation to ensure thoroughness and accuracy. Precise records of evidence, witness statements, and procedures ensure accuracy, accountability, and transparency, significantly reducing risks of oversight or misinterpretation. Proper documentation also strengthens the organization’s ability to respond effectively during audits or regulatory inquiries.

2. Logical Analysis: “Eliminating the Impossible”

Holmes famously asserts in The Sign of Four, “When you have eliminated the impossible, whatever remains, however improbable, must be the truth.” This principle guides his pursuit of justice throughout the novel. Holmes methodically rules out improbable scenarios in investigating the disappearance of Captain Morstan and the subsequent quest for hidden treasure, ultimately unveiling Jonathan Small’s elaborate revenge-driven plot.

Compliance officers should similarly use structured analytical frameworks to eliminate false assumptions and unsubstantiated theories during investigations. Adopting logical, disciplined analysis reduces biases, prevents costly mistakes, and fosters more accurate and actionable outcomes. Holmes’s deductive approach encourages compliance professionals to remain vigilant against assumptions that may cloud judgment.

3. Embrace Collaboration: “Leveraging Complementary Strengths”

In The Sign of Four, Sherlock Holmes frequently relies on Dr. Watson’s support and complementary skills. Watson’s medical knowledge and practical insights greatly assisted Holmes during the investigation, notably during examinations of crime scenes and understanding the emotional motivations of suspects and victims.

For compliance professionals, this illustrates the importance of multidisciplinary collaboration. Effective compliance investigations often require collaboration with professionals from diverse specialties, including auditors, forensic accountants, legal advisors, human resources specialists, and IT experts. Embracing a collaborative approach ensures a comprehensive investigation, as each discipline brings unique insights that enhance the overall effectiveness and credibility of the compliance function.

4. Attention to Subtle Indicators: “Noticing Small Clues”

Holmes’s brilliance often lies in noticing seemingly insignificant details overlooked by others. In The Sign of Four, Holmes carefully notes tiny footprints, peculiar scents, and minor discrepancies in testimonies, each subtly directing the investigation toward its resolution. For instance, Holmes’s keen attention to Toby, the trained bloodhound, and his reaction to specific scents help locate key evidence pivotal to unraveling the mystery.

Compliance professionals must likewise sharpen their observational skills to detect subtle indicators of wrongdoing, such as minor financial discrepancies, slight variations in employee behaviors, or seemingly inconsequential procedural anomalies. Often, the most significant compliance breaches initially manifest as minor irregularities. Developing Holmes-like attentiveness can significantly enhance the detection and early resolution of compliance issues.

5. Managing Bias and Assumptions: “Maintaining Objective Judgment”

Throughout, Holmes maintains rigorous objectivity, avoiding emotional biases or ungrounded assumptions. Even when emotionally involved characters, including Watson and Miss Mary Morstan, draw emotional or intuitive conclusions, Holmes insists on relying exclusively on factual evidence and logic. His disciplined approach ensures accuracy and fairness in the investigation’s outcome.

Compliance officers frequently confront emotionally charged scenarios or influential stakeholders, which can pressure outcomes. Maintaining an objective and unbiased judgment is crucial to upholding fairness and integrity during compliance investigations. Holmes’s unwavering dedication to evidence-based analysis exemplifies the importance of unbiased fact-finding in safeguarding organizational ethics and compliance integrity.

Final Thoughts: Integrating Sherlock Holmes’s Methods into Compliance

The Sign of Four offers rich investigative wisdom that is directly applicable to corporate compliance. Sherlock Holmes’s meticulous documentation, disciplined logical reasoning, strategic collaboration, precise attention to detail, and uncompromising objectivity represent invaluable investigative methodologies for today’s compliance professionals.

As compliance continues evolving in complexity and significance, adopting Holmesian investigative rigor enhances our ability to protect organizational integrity, mitigate risks, and ensure regulatory compliance. Compliance professionals who master these investigative practices not only improve their effectiveness but also significantly contribute to their organization’s overall resilience and ethical standing.

In the dynamic landscape of corporate compliance, Sherlock Holmes’s timeless investigative lessons remain as relevant today as in Victorian London, reminding us that excellence in investigation demands continual refinement, unwavering diligence, and precise analytical clarity.

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Compliance Tip of the Day

Compliance Tip of the Day – New FCPA Enforcement Memo-What Does it Say?

Welcome to “Compliance Tip of the Day,” the podcast that brings 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 goal is to provide you with concise, actionable tips to help you stay ahead in your compliance efforts. 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.

 

Today, we begin a two-part look at the recently released FCPA Enforcement Memo. Today, in Part 1, we consider what it says. 

For more information on this topic, refer to The Compliance Handbook: A Guide to Operationalizing Your Compliance Program, 6th edition, recently released by LexisNexis. It is available ⁠here⁠

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Sunday Book Review

Sunday Book Review: June 15, 2025, The Books on Corporate Governance Edition

In the Sunday Book Review, Tom Fox considers books that would interest compliance professionals, business executives, or anyone curious about the subject. It could be books about business, compliance, history, leadership, current events, or any other topic that might interest Tom. Today, we look at four new books on corporate governance for the summer of 2025.

 

  • On Board: The Modern Playbook for Corporate Governance by Jonathan Foster
  • Corporate Governance for New Directors: The Basics and Beyond by Michael L. Whitener, Robert N. Walton, and Blake Redding
  • Boardroom Blitz: Mastering the Art of Corporate Governance by Hendrith Vanlon Smith Jr.
  • Charged Governance: Transformative Governance Principles for Private Businesses by Andrew Usuki

The Sunday Book Review was recently honored as one of the Top 100 Book Podcasts.

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Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: June 14, 2025

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 discuss the upcoming weekend’s events that we will enjoy or participate in.

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

Stories include:

  • Dog adoption day
  • Kerrville City Council Mid-year assessment
  • Bad wreck south of Kerrville—be careful out there
  • More County Meetings over County Animal Shelter
  • Happy Father’s Day

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

The Lead

Kerrville Daily Times

Fredericksburg Standard

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Hill Country Hustlers

Hill Country Hustlers – The Journey of Starkey Pest Control

In the inaugural episode of the Hill Country Hustlers podcast, host Zachary Green interviews Starkey Green, the owner of Starkey Pest Control. Starkey shares his journey from growing up on a dairy farm in Gilmer, Texas, to moving to Kerrville and starting his own pest control business 26 years ago. He discusses his initial reluctance and eventual passion for helping people through pest control, as well as the evolution of his company to include weed control and fertilization services. Starkey also offers insights and tips for new entrepreneurs, emphasizes the importance of planning, communication, and hard work, and shares some humorous and challenging experiences from his career. The episode concludes with Starkey announcing the construction of a new office warehouse building scheduled to be completed by September.

Key highlights:

  • Starting Starkey Pest Control
  • Tips for Aspiring Entrepreneurs
  • Challenges and Overcoming Obstacles
  • The Importance of Planning
  • Managing a Team

Resources:

Zachary Green

Tom Fox on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

Starkey Pest Control

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Culture Crafters

Culture Crafters – Navigating Business Volatility Through Corporate Culture

It is always interesting when the regulators catch up to the business world. That is what has happened around corporate culture. The Department of Justice is now assessing corporate culture for any company under investigation. Yet, more than simply complying with this mandate, companies should strive to cultivate the best culture possible. The reason is deceptively simple: the better the culture, the better the company. However, many business executives and even compliance professionals are unaware of how to create a culture that enables their employees, and thereby their organization, to implement such strategies. How can you unlock the power of a thriving workplace culture?

In this episode, host Tom Fox visits Sam Silverstein and Tara Stone to explore the impact of corporate culture on an organization’s ability to navigate volatile business environments, specifically using the recent tariff fluctuations as a backdrop. The conversation delves into how preemptively fostering a strong corporate culture can help companies withstand and even thrive during periods of significant change. Key emphasis is placed on the importance of trust, communication, accountability, and maintaining core values. Both Sam and Tara share insights on how leaders can prepare their organizations during stable times to better handle future challenges, drawing on their experiences and frameworks for building high-performance workplace cultures.

Key highlights:

  • Understanding Volatility in Corporate Culture
  • The Role of Trust in Navigating Volatility
  • Embracing Change and Overcoming Fear
  • Accountability and Leadership in Turbulent Times
  • Building Trust and Core Values

Resources:

Sam Silverstein

Sam Silverstein on LinkedIn

Sam Silverstein

The Culture Audit™

Tara Stone

Tara Stone on LinkedIn

Categories
Compliance Tip of the Day

Compliance Tip of the Day – COSO Framework

Welcome to “Compliance Tip of the Day,” the podcast that brings 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 goal is to provide you with bite-sized, actionable tips to help you stay ahead in your compliance efforts. 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.

What is the COSO 2013 Internal Controls Framework?

For more information on this topic, refer to The Compliance Handbook: A Guide to Operationalizing Your Compliance Program, 6th edition, recently released by LexisNexis. It is available here.

Categories
FCPA Compliance Report

#Risk New York Speaker Series – Exploring AI Risks in Compliance with Gwen Hassan

Join Tom Fox and hundreds of other GRC professionals in the city that never sleeps, New York City, on July 9 & 10 for one of the top conferences around, #Risk New York. The current US landscape, shaped by evolving policies, rapid advancements in AI, and shifting global dynamics, demands adaptive strategies and cross-functional collaboration.

At #RISK New York, you will master the New Regulatory Reality by getting ahead of US regulatory shifts and their impact. Conquer AI and Tech Risk by Safeguarding Your Organization in an AI-Driven World and Understanding the Implications of Major Tech Investments. Navigate Financial and Crypto Volatility by Protecting Your Assets and Exploring Solutions in a Dynamic Market. Strengthen Your GRC Framework by Leveraging Governance, Risk, and Compliance for Strategic Advantage. Protect Digital Trust by addressing challenges in cybersecurity and data privacy, and combating misinformation. All while meeting with the country’s top #Risk management professionals.

In this episode, Tom Fox talks with Gwen Hassan, the Chief Compliance Officer for Unisys Corporation, about her role and the upcoming #RiskNYC conference. Gwen shares insights into Unisys’ operations, including the various technologies and services they provide, and highlights her responsibilities in managing global ethics, compliance, and trade compliance risks. She also gives a teaser about her panel presentation on the compliance and ethics risks associated with artificial intelligence, stressing the importance of understanding AI’s impact on company culture and regulatory compliance. Gwen expresses her excitement about the conference, emphasizing the value of engaging with fellow risk management experts.

Resources:

#Risk Conference Series

#RiskNYC—Tickets and Information

Gwen Hassan on LinkedIn

Categories
Fox on Podcasting

Fox on Podcasting – Rory Paquette on Elevating Podcasters and the Power of Vulnerability

Join Tom Fox as he explores the world of podcasting, and get ready to be inspired to start your podcast. In this episode, Tom welcomes Rory Paquette, host of several podcasts, including The Podcaster Nation and Power of Man.

Rory shares his journey from sales to podcasting and his mission to elevate and unify the podcasting community. He discusses the challenges and successes of his various shows, the importance of creating a safe space for men to be vulnerable, and his belief that every business should have a podcast. Rory also provides insights into what makes a good podcast host, the value of engaging with social media, and his experiences with PodMatch. The conversation examines the impact of his work on listeners and the broader podcasting community.

Key highlights:

  • Rory’s Mission in Podcasting
  • The Podcaster Nation Vision
  • The Appeal of Podcasting
  • Podcasting as a Business Tool

Resources:

Rory Paquette on Facebook

The Power of Man Podcast

The Podcast Nation Podcast

Artwork

Elaine Capers

Art by Elaine

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