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Red Flags Rising

Red Flags Rising: S01 E31: Running To and Through the Export Controls Investigation Finish Line – Avoiding Resolution Pitfalls and Monitoring What Matters

Mike and Brent take a break from Affiliates Rule (delayed) suspension news to focus on practical advice for companies that may be in the midst of U.S. government investigations into alleged export control violations. They discuss the importance of engaging with the government with an awareness and an appreciation for the latest enforcement trends and signals, particularly regarding the government’s emphasis on the full definition of “knowledge” to include “an awareness of a high probability” (00:49); the importance of not being surprised by these trends in the middle of an investigation (02:52); the dangers to the cost, delay, and outcome of any investigation for failing to perceive the signals through the noise (04:08); the particular relevance of these strategies in defending against allegations of entity-shifting (09:48); the need to consider waiving privilege over prior bad legal advice—especially to avoid paying more to protect an investigation that was triggered by adhering to the prior advice (11:52); what to look for in the terms of a proposed settlement agreement, including whether and how the company will be “covered” if there are post-resolution reports of additional, previously undisclosed pre-resolution misconduct (13:22) and executive officer certification requirements (16:51); and the importance in national security resolutions, where they are imposed, of having post-resolution independent monitors or independent compliance consultants commit to focused, risk-based post-resolution monitoring that direct addresses the root causes of the violations, to avoid “industrial tourism” and to best promote the national security objectives of the United States (19:34).

Then, conclude with the next installment of Brent Carlson’s “Managing Up” segment (23:37).

Resources:

Brent’s latest NYU Program on Corporate Compliance & Enforcement (PCCE) post, “From Peanuts to Elephant-Sized Penalties: A Fresh Look at Recent U.S. Export Controls Enforcement Developments & Future Trends” (Oct. 31, 2025)

Mike & Brent’s prior NYU PCCE post, “Monitoring What Matters: A Fresh Look Proposal to Government and Industry for How Post-Resolution Oversight Can Best Deny Hostile Actors the Means to Cause Deadly Harm” (Mar. 28, 2024)

Contact Brent: brent@redflagsrising.com

Contact Mike: michael.huneke@morganlewis.com

Categories
Blog

The NBA Betting Scandal, Part 5: Rebuilding Trust – The NBA’s Path Toward Integrity

In the span of a single week, the NBA went from celebrating another record-breaking season-opening week to confronting its deepest crisis of credibility since the Tim Donaghy officiating scandal. A federal indictment has now tied active players, a head coach, and organized crime figures to a sprawling gambling conspiracy. For a league that spent the past decade embracing sports betting as part of its commercial strategy, this is no longer a public relations problem. It is an existential one. And that means one thing: Adam Silver must now govern like a compliance officer, not a marketer.

The Commissioner’s Crossroads

Adam Silver’s leadership has always been defined by calm rationality and consensus-building, the antithesis of David Stern’s authoritarian decisiveness. That style worked well during the NBA’s globalization boom and its progressive cultural era. But this moment demands something different: urgency, accountability, and structural reform. The NYT reported that the NBA has begun a review of its policies and procedures, which were clearly inadequate for the situation.

Eric Koreen, writing in  The Athletic, said, Silver faces ‘the league’s biggest credibility issue in at least two decades”. His challenge is to walk a tightrope between patience and justice, acting decisively without overreaching, restoring trust without alienating players and owners. The league’s relationship with gambling partners, its governance model, and its disciplinary framework are all now under scrutiny.

The key question: Can Adam Silver act as both steward of the game and enforcer of its ethics?

1. Recognize the Scope of the Problem

Silver’s first task is to stop treating the scandal as a series of isolated events. As Nate Silver noted in Silver Bulletin, the vulnerabilities are structural; “the NBA is particularly susceptible to cheating based on inside knowledge of player availability”. Prop bets, load management, and tanking have created a shadow economy of insider information that blends seamlessly into the legalized betting marketplace.

This is not just about Terry Rozier’s “fake injury” game or Chauncey Billups’ alleged poker ring. It’s about a league whose financial ecosystem and culture have become dependent on gambling exposure. It’s about the business model itself. Compliance professionals will recognize this dynamic: when the core of your revenue strategy intersects with the core of your risk profile, you do not have a program problem, you have a governance problem.

2. Strengthen Information Governance

This crisis is about information. The NBA’s integrity crisis began with a failure to manage information effectively. Player availability, injury reports, and lineup changes are now tradeable assets in the betting marketplace. As Nate Silver observed, even minor leaks about “who’s actually playing” can swing point spreads by eight or more points. That’s the equivalent of non-public material information in the securities world. In corporate terms, this is MNPI, Material Non-Public Information, and it must be treated with the same rigor as insider trading data. Here are some steps the NBA must implement:

  • Tightened disclosure protocols: Require that injury and lineup information be filed within one hour of a team’s decision, with fines for noncompliance.
  • Digital access controls: Limit and log who within each team can access confidential player data.
  • Independent data audits: Just as SOX audits test financial controls, the NBA needs integrity audits on injury disclosure and betting irregularities.

The league must establish a compliance-grade information governance system, not a PR-based injury reporting mechanism.

3. Redefine the League’s Relationship with Sportsbooks

Silver’s visionary 2014 op-ed in The New York Times helped legalize sports betting in the U.S. But that success has come full circle. The NBA is now “inextricably tied to the alleged behavior,” as Koreen bluntly put it. To restore credibility, Silver must impose a firewall between integrity and revenue, similar to how compliance departments maintain independence from sales in regulated industries. Specific steps include:

  • Eliminating player-specific prop bets, which even industry insiders like Nate Silver identify as “inherently more subject to manipulation”.
  • Revising sponsorship structures, ensuring that betting companies can’t advertise on game broadcasts while the league investigates integrity risks.
  • Creating a Gambling Integrity Council, comprising league officials, compliance experts, and independent regulators, to review data-sharing protocols and monitor suspicious patterns.

Suppose the NBA continues to profit from gambling partnerships while claiming to protect the game’s purity. In that case, it risks the same credibility collapse that befell financial institutions during the 2008 crisis, when compliance was reported to serve profit.

4. Rebuild the Culture of Integrity

At its core, this scandal is not about technology or regulation; rather, it is about culture. The NBA’s locker room culture, as Danny Chau argued in The Ringer, was shaped by “a league that has normalized the gambling impulse under the guise of fan engagement”. Players now live in a universe where betting odds appear on broadcast screens, team apps link directly to sportsbooks, and performance data doubles as betting fodder.

To change this, the NBA must embed compliance education into player development from day one. Rookie orientation should include mandatory integrity training that covers gambling ethics, data confidentiality, and behavioral risks, just as financial firms train new analysts on insider trading.

Moreover, players need a Speak-Up Culture. The league should expand its anonymous hotline system into a comprehensive integrity platform, enabling players, staff, and referees to report suspicious betting behavior confidentially and without fear of retaliation. In compliance terms, culture eats code for breakfast. If the NBA wants to protect the game, it must rebuild a culture that values integrity as much as it values victory.

5. Reform Enforcement and Transparency

Silver now faces his “David Stern moment.” In 2007, Stern responded to the Tim Donaghy scandal with swift discipline, public accountability, and systemic change. Silver’s reputation for diplomacy is an asset in negotiations, but in enforcement, it can look like hesitation.

As Koreen noted, “Silver’s judicious nature has helped put the NBA in a strong financial position… but those were straightforward issues with simple moralities”. This one isn’t. This is about the soul of the league. To restore trust, the NBA should commit to:

  • Independent oversight of the investigation, not internal review.
  • Public disciplinary reports that detail findings and remediation steps.
  • Lifetime bans for proven offenders and mandatory ethics rehabilitation programs for lesser infractions.
  • Annual integrity reports, modeled after corporate sustainability or compliance reports, detail investigations, resolutions, and reforms.

Transparency is not weakness; it is the foundation of credibility. Fans don’t need perfection; they need proof that accountability exists.

6. The Compliance Parallel: Learning from Corporate Scandals

The NBA’s predicament mirrors what compliance officers saw after Enron, Wells Fargo, and Boeing: systems designed for performance became blind to integrity. The fix wasn’t more PR; it was embedding ethics into governance. What Silver must build now is not a crisis response team but an Integrity Management System:

  • A structure where compliance is independent.
  • A tone at the top that puts ethics before revenue.
  • A culture that values truth-telling more than brand protection.

The NBA can learn from the financial industry’s compliance architecture post-SOX and Dodd-Frank: independent monitoring, whistleblower protection, and transparency are not burdens; they are safeguards.

7. Restoring the Social License

Beyond regulation and enforcement, Silver must focus on what corporate governance experts refer to as the “social license to operate.” Sports leagues, like corporations, depend on public trust for legitimacy. As Koreen warned, “If people don’t believe your games are fair and your teams are playing by the same rules, then you don’t have much of a league at all”.

That’s the ethical horizon Silver must navigate. Rebuilding trust will take years, but it begins now, with decisive, integrity-centered leadership. The next time fans see an NBA injury update or a sportsbook advertisement, they shouldn’t wonder if the league is complicit in the gamble. They should believe, without hesitation, that the NBA is protecting the game.

Final Thought: Betting on Integrity

The NBA’s crisis is not just a gambling story; it’s a mirror held up to every organization that prioritizes engagement over ethics. For compliance professionals, the message is universal:

Integrity isn’t a cost center. It’s the scoreboard that determines whether your enterprise survives.

If Adam Silver can pivot from expansion to ethics from betting on growth to betting on trust, he will not simply save the league’s reputation. He will redefine what compliance leadership looks like in modern sports. Because in the end, the only wager worth making is on integrity itself.

Categories
ACI FCPA Conference 2025

ACI – FCPA Conference Speaker Preview Series – Mike Koenig on Going Behind the Curtain of Corporate Governance

In this episode of the ACI-FCPA and Global Anti-Corruption Conference Speaker Podcasts series, Mike Koenig discusses his panel presentation at the event, “Behind the Curtain of Corporate Governance: Leveraging Your Big-Picture Compliance Metrics and Financial Risk Data to Drive C-Suite and Board Buy-In and Engagement .”

Some of the issues the panel will discuss are:

  • Presenting to Boards
  • How to secure Board engagement and oversight
  • Building stronger corporate governance

I hope you can join me at the ACI–FCPA Conference. This year’s event will take place on December 3-4 at the Gaylord National Resort & Convention Center in National Harbor, Maryland, near Washington, D.C. The lineup of this year’s event is simply first-rate, featuring some of the top FCPA professionals, white-collar attorneys, and compliance practitioners in the field.

The 2025 program is being completely redesigned to help your organization stay agile, responsive, and ahead of the curve. Expect a dynamic agenda shaped by real-world priorities, practical takeaways, and the most cutting-edge thinking in compliance – led by a faculty of global practitioners with boots on the ground, encountering the very risks that come across your desk.

Please join me at the event. For information on the event, click here. Listeners of this podcast will receive a discount by using the code D10-999-CPN26.

Categories
The Ethics Experts

Episode 234 – Ashley Kurien

In this episode of The Ethics Experts, Nick Gallo welcomes Ashley Kurien.

Ashley Kurien is a Certified Fraud Examiner and criminal defense investigator who specializes in evidence-based interviewing and communication. She is the author of A Curious Mind: Mastering the Art of Investigative Conversations, which helps readers apply investigative techniques to build trust, ask better questions, and communicate more effectively in both professional and everyday life.

Connect with Ashley on LinkedIn

Categories
Career Can D0

When Failure Teaches Leadership with Dr. Donald McNeeley

What happens when the world changes faster than the people leading it? In this episode of Career Can Do, Mary Ann Faremouth talks with Dr. Donald McNeeley – CEO, professor, and longtime voice in the steel industry – about what great leadership really looks like when everything around you is shifting. With his trademark mix of humor and hard-earned wisdom, Dr. McNeeley breaks down why every leader needs a “North Star,” how to navigate major transitions without losing your footing, and why small mistakes can sometimes teach the biggest lessons.

Dr. McNeeley isn’t shy about calling things as he sees them. “Not all apologies have to be accepted,” he says, warning that accountability matters more than empty words. He also challenges the idea that more productivity always means more progress, arguing that true leadership takes a balance of strategy, perspective, and heart. His advice for anyone rising through the ranks? Don’t be afraid to be wrong – just don’t stay wrong for too long.

The two also dive into artificial intelligence, and Dr. McNeeley’s take might surprise you. He sees AI not as a threat, but as a tool that can free up leaders to do the work that really matters – mentoring, developing people, and thinking for the long haul. But he’s quick to remind us that no amount of data can replace intuition or human connection.

Whether you’re leading a team, running a business, or just trying to stay adaptable in a world that won’t sit still, this one’s for you.

Resources

Dr. Donald McNeeley on Chicago Tube & Iron | Northwestern University

Mary Ann Faremouth on the Web | X (Twitter)

Categories
Compliance Tip of the Day

Compliance Tip of the Day – NBA Betting Scandal-Introduction

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.

This week, we will mine the ongoing NBA betting scandal for compliance lessons. Today in Part 1, we introduce the scandal, those involved, and the questions we have at this point.

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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Daily Compliance News

Daily Compliance News: November 3, 2025, The World Athletics 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, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • Financial fraud hits World Athletics. (BBC)
  • Best Career advice received. (BusinessInsider)
  • FirstEnergy execs getting preferential treatment? (cleveland.com)
  • JPMorgan flagged Epstein transactions as far back as 2002. (WSJ)

The Daily Compliance News has been honored as the No. 2 in the Best Regulatory Compliance Podcasts category.

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FCPA Compliance Report

FCPA Compliance Report – Navigating the Complexities of Self-Disclosure Amidst Political and Legal Uncertainties

In this episode, Tom Fox welcomes back Hughes Hubbard partner Mike DeBernardis to explore the unprecedented criminal indictment of Smartmatic and its implications on self-disclosure policies under the current administration. They discuss the rare occurrence of a company facing criminal charges and how it complicates the risk assessment for potential self-disclosure. The conversation covers the unpredictable nature of DOJ actions, the impact of political influence, and the challenges this situation presents for legal advisors and their clients. They also explore the broader implications for corporate compliance, including the increased complexity in predicting outcomes and the necessity for thorough internal investigations.

Key highlights:

  • Discussion on Smartmatic Indictment
  • Challenges in Self-Disclosure
  • Political Influence and Risks
  • Client Conversations and Risk Assessment

Resources: 

Hughes Hubbard & Reed

Mike DeBernardis on LinkedIn

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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AI Today in 5

AI Today in 5: November 3, 2025, The AI Compliance Officer Edition

Welcome to AI Today in 5, the newest edition to the Compliance Podcast Network. Each day, Tom Fox will bring you 5 stories about AI to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the AI Today In 5. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest about AI.

Top AI stories include:

  1. AI is making death threats more realistic. (NYT)
  2. Board oversight of AI has tripled since 2024. (CCI)
  3. AI predictions for 2026. (Philadelphia Business Journal)
  4. AI Compliance Officer as a managed service. (ISA Guide)
  5. China pushes the APAC region to counterbalance the US in AI. (Reuters)

For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.

Categories
Blog

The NBA Betting Scandal, Part 4: The Role of Compliance in Sports Leagues

We previously considered the who, the what, and the histories of the NBA betting scandal. Today, we explore the ‘how’: how a compliance function could have prevented this, and what both sports leagues and corporations can learn from each other about safeguarding integrity. Whether your organization manages global investments or global fan bases, the lesson remains the same: governance without compliance is merely a façade, and compliance without culture is noise.

The NBA’s Blind Spot: Compliance Is Not Just for Corporations

The NBA, like many professional leagues, has long emphasized rules enforcement rather than risk management. It has compliance policies, anti-gambling rules, player education programs, and disclosure requirements, but these are largely reactive. What’s missing is the proactive, integrated approach that corporate compliance professionals have built over the last two decades.

Think about the Sarbanes-Oxley Act (SOX). Following a series of accounting scandals in the early 2000s, companies not only created new rules but also established compliance infrastructures, internal controls, whistleblower channels, independent oversight committees, and risk-based monitoring systems.

The NBA, in contrast, still operates under a “trust-the-player” model, one that assumes personal integrity will outpace financial temptation. The DOJ indictment proves that assumption no longer holds. In today’s data-driven, gambling-integrated sports environment, league compliance must evolve into a true governance function, not merely a disciplinary office.

The Corporate Compliance Framework Applied to Sports

To understand what that evolution might look like, I want to apply the classic corporate compliance framework — the Seven Elements of an Effective Compliance Program, as outlined in the US Sentencing Guidelines —to a professional sports context.

1. Standards and Procedures

Corporations have codes of conduct that define acceptable behavior. Sports leagues have them too, but they’re often vague or limited to rulebooks. The NBA needs a clear, enforceable code of compliance that articulates not just what players cannot do, but also why a framework rooted in integrity, rather than punishment, is necessary. Imagine a “Sports Compliance Charter” that explicitly defines insider betting as a form of fraud, akin to insider trading. That reframing alone would elevate the stakes, moving it from a “rules violation” to a “trust violation.”

2. Oversight and Accountability

Corporate boards delegate compliance oversight to audit and ethics committees. The NBA’s governance, however, largely resides in the Commissioner’s office. That’s too much concentration of oversight for a league managing billions in sports betting partnerships.

A modern model would involve an independent Compliance and Integrity Committee reporting directly to the league’s Board of Governors. This committee would review potential conflicts of interest, audit betting-related data, and monitor patterns of suspicious player performance. Independence breeds credibility.

3. Due Diligence and Risk Assessment

Before a merger, corporations perform risk-based due diligence. Before every season, leagues could conduct a similar compliance risk assessment, focusing on areas such as gambling exposure, data security, and player-agent relationships. Who are the players with large gambling debts? Which coaches or trainers have undisclosed financial interests in betting companies? These are not personal invasions; they are integrity controls. Compliance starts by identifying risk, not reacting to scandal.

4. Training and Communication

Corporate compliance officers understand that training isn’t about memorizing policy; it’s about shifting mindsets. The NBA’s anti-gambling training should move beyond the “don’t do this” model toward scenario-based ethics education where players explore gray areas, learn about real-world enforcement cases, and understand the long-term reputational damage of misconduct. In corporate terms, this distinction lies between check-the-box training and culture-building education. Compliance is not a slide deck; rather, it is a dialogue.

5. Monitoring and Auditing

Just as compliance programs utilize transaction monitoring or expense audits, the NBA can leverage data analytics to identify irregularities in player performance and betting patterns. If a player suddenly exits two games early, as Jontay Porter did, that should trigger an automatic integrity review, just as an anomalous financial transaction might trigger an AML alert.

This is where the corporate concept of continuous monitoring can revolutionize sports compliance. Algorithms already track betting odds in real-time; coupling that data with player analytics would enable early detection of suspicious trends.

6. Reporting and Whistleblowing

No compliance program functions without psychological safety. The NBA should establish anonymous channels for reporting concerns not only for employees but also for players, trainers, and referees. If a player suspects a teammate is manipulating outcomes, there must be a trusted way to report it without fear of retaliation. In the corporate world, such mechanisms are essential to uncovering misconduct early. The same must apply to locker rooms.

7. Enforcement and Remediation

Discipline must be consistent and transparent. When corporations investigate misconduct, they publish their findings, impose proportionate penalties, and integrate the lessons learned. The NBA’s enforcement process remains opaque, with outcomes often perceived as being influenced by politics. Public trust demands transparency in discipline. When penalties are seen as fair and consistent, they reinforce the league’s credibility, just as consistent FCPA enforcement enhances the integrity of the corporate sector.

Compliance Culture: The Missing Link

Ultimately, no framework works without culture. Compliance officers recognize that even the most sophisticated policies are ineffective if the culture prioritizes winning at any cost. Sports leagues often celebrate risk-taking, competitiveness, and personal brand-building, traits that, when unchecked, evolve into entitlement and moral flexibility. That’s the same cultural recipe that fueled Enron, Wells Fargo, and Volkswagen.

The solution is not to suppress ambition, but to align it with ethical purpose. Imagine if the NBA  and other leagues embedded compliance values into player leadership programs, performance reviews, and even contract bonuses. The message would shift from “Don’t get caught” to “Play with integrity.”

The Compliance Officer as Integrity Architect

For compliance professionals, this scandal presents an opportunity to reimagine the role of the compliance officer not just in business, but in every trust-based institution. In corporations, the CCO acts as an integrity architect, designing systems that enable ethical decision-making even under pressure. Sports leagues need the same role. Call it the Chief Integrity Officer: a function that bridges governance, analytics, education, and enforcement.

This role could oversee not just gambling risks, but conflicts of interest, sponsorship ethics, and social media conduct, the entire ecosystem of reputation management. In the modern economy, integrity is a managed asset, and someone must be accountable for its stewardship.

Moreover, corporate compliance programs succeed when leadership models ethical behavior. The same applies in sports. When coaches or executives participate in insider schemes, as alleged in the case of Damon Jones, they set a destructive tone. But imagine the opposite, a league where coaches discuss integrity as openly as game strategy, and general managers reward transparency over secrecy. Tone at the top is contagious. In corporations, it builds trust. In sports, it rebuilds it.

From Scandal to Systemic Change

The NBA betting scandal is a compliance failure, but it can also be a catalyst. Like Enron and WorldCom before it, this crisis can drive reform if the league commits to systemic change.

For compliance officers, the takeaway is both familiar and urgent:

  • Do not wait for regulation to force change.
  • Design compliance as governance, not guidance.
  • Measure culture as closely as you measure performance.

Whether you’re managing a multinational enterprise or a billion-dollar sports league, the principle remains constant: integrity isn’t enforced; it’s engineered.

Final Thought: Compliance Beyond the Court

The NBA’s scandal is not simply a sports story. It is a warning about what happens when performance eclipses principle. For compliance professionals, it also serves as a form of validation.

Our work, often behind the scenes, is what protects institutions from self-destruction. The NBA didn’t fail because of bad luck; it failed because of missing systems. The same can happen in any organization that mistakes compliance for bureaucracy instead of recognizing it for what it truly is: the infrastructure of trust. Whether you are in a boardroom or a locker room, culture always calls the next play.

Join us tomorrow, as we continue our exploration in Part 5, to delve into the intersection of culture, incentives, and the psychology of ethical failure. We will examine how even well-meaning individuals cross ethical lines when the system prioritizes results over values.