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All Things Investigations

All Things Investigation: The Kitchen Sink Indictment

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I am joined by HughesHubbardReed partners Kenyen Brown and Kevin Carroll as we continue to review the various indictments against former President Trump. In this episode, we look at the state court Indictment from Georgia.

The use of Racketeer Influenced and Corrupt Organizations (RICO) charges in the Georgia indictment against former President Trump is seen as a bold move by legal experts. The indictment includes a wide range of individuals at different levels of government, raising concerns about its sweeping scope and potential consequences. The conversation between Tom, Kenyen, and Kevin delves into the challenges and complexities of the election fraud trial, including the large number of defendants and potential disruptions in the proceedings. The podcast also discusses the difficulties faced by accounting prosecutors in bringing a case against the President and the importance of judicial restraint in maintaining order and fairness in the legal system. Overall, the podcast provides insights into the significance of the RICO charges, the concerns surrounding the Georgia indictment, and the challenges faced in prosecuting high-ranking officials.

Key Highlights

  • RICO Charges in Trump Indictment
  • Georgia Indictment: Bold and Daring Move
  • Challenges and Complexity of the Election Fraud Trial
  • Challenges in Prosecuting the President
  • Judicial Restraint and Building a Record in the Jan6 Indictment in DC

Resources

Hughes Hubbard & Reed website

Kenyen Brown bio

Kevin Carroll bio

Anti-Corruption and Internal Investigations Practice Group

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 15 – Employment Separation Issues and Compliance

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of complaints, including those for concerns that impact the compliance practitioner. Yet there are several ways that operationalization will help to protect your company as much as possible.
The reasons for these actions are to allow you to demonstrate that any laid off employee was not separated because of a hotline or whistleblower allegation but due to your overall layoff scheme. However, it could be that you may need this person to provide your compliance department additional information, to be a resource to you going forward, or even a witness that you can reasonably anticipate the government may want to interview. If any of these situations exist, if you do not plan for their eventuality before you lay off the employee, said (now) ex-employee may not be inclined to cooperate with you going forward. Also, if you do demonstrate that you are sincerely interested in a meritorious hotline complaint, it may keep this person from becoming a SEC whistleblower.

Three key takeaways:

  1. Treat departing employees with dignity.
  2. Make sure your separation documents meet SEC requirements regarding disclosures re: whistleblowing.
  3. You must check your hotline and anonymous reporting systems to make sure you do not lay off a whistleblower.

For more information, check out The Compliance Handbook, 4th edition here.

Categories
FCPA Compliance Report

FCPA Compliance Report – Jonathan Wilson on Simplifying Corporate Transparency

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcome Jonathan Wilson, lawyer and co-founder of the FinCEN Report Company which will simplify the process of filing beneficial ownership reports under the Corporate Transparency Act.

The Corporate Transparency Act, a bipartisan law passed in 2020 to combat corporate anonymity and money laundering in the US. The law requires companies to disclose personal information about individuals with ownership stakes or substantial control. The FinCEN Report Company offers an online filing engine for secure and easy report submission. This new tool facilitates collaboration between attorneys and clients, ensuring authorized access to information. The Corporate Transparency Act aims to protect the integrity of the financial system and prevent illicit activities by creating a database accessible to banks and law enforcement. Although the law’s implementation has been delayed, businesses need to prepare for initial beneficial ownership reports. The law is crucial in combating money laundering globally, aligning the US with Western Europe in anti-money laundering efforts and promoting international cooperation.

 Key Highlights

·      The FinCEN Report: Simplifying Corporate Transparency

·      Corporate Transparency Act and Law Firm Collaboration

·      Corporate Transparency Act Implementation

·      Challenges of Identifying Beneficial Owners

·      The Corporate Transparency Act: Combating Money Laundering

Resources

Jonathan Wilson on LinkedIn

The FinCEN Report Company

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Corruption, Crime and Compliance

Corruption, Crime, and Compliance: Matt Stankiewicz on The Ripple Decision and Indictment Against Celsius Networks’ CEO

According to critics, there are a lot of gray areas surrounding compliance and the SEC’s position on cryptocurrency regulations. Such uncertainty poses challenges for legitimate crypto projects and creates room for fraudulent activities to thrive. Such is the case for Ripple and Celsius, two recent controversies making waves in the crypto world.

Matt Stankiewicz is a Managing Counsel at The Volkov Law Group. His expertise includes financial regulation and compliance, with a focus on securities, anti-money laundering (AML), and cryptocurrency regulation. Given his professional background and interest in crypto regulations, he is a frequent speaker on legal matters concerning cryptocurrency exchanges and the SEC.

 

You’ll hear Michael and Matt discuss:

  • The SEC faces criticism for its unclear stance on cryptocurrency regulations. Such uncertainty poses challenges for legitimate crypto projects and creates room for fraudulent activities to thrive.
  • The Ripple case offers a complex view into how cryptocurrencies are perceived legally. While some sales of XRP tokens were considered securities, others weren’t, a distinction that has sent ripples through the crypto world. The case’s broader implications, especially with the SEC’s decision being appealed, hold immense importance for other companies in similar situations.
  • Bad actors can exploit innovative technologies and make things worse for everyone else. With the CEO and CRO of Celsius charged with fraud and numerous questionable practices coming to light, the importance of stringent regulations and monitoring becomes abundantly clear. 
  • Strong compliance programs serve as bulwarks against fraudsters and those under sanctions, ultimately safeguarding both the platform and its users. However, regulating an asset as novel and dynamic as cryptocurrency is no easy feat. Critics claim the SEC’s approach leans more toward enforcement than establishing clear rules.
  • Matt underscores the importance of erecting a sturdy compliance structure within the cryptocurrency industry. He emphasizes that such programs are not just regulatory measures but critical tools to ward off fraudsters and maintain the industry’s reputation.

 

KEY QUOTES

“[Crypto] is a brand new asset. It’s virtually impossible to pigeonhole it to any other kind of real-world asset right now.” – Matt Stankiewicz

 

“Don’t cripple the good projects because there’s some bad people out there.” – Matt Stankiewicz

 

“The SEC just says, well, ‘You should know. You’ve got to figure it out; we’re not your attorneys.’ Which is fair in some regard, right? But that said, it’s not helpful. The SEC needs to provide some kind of guidance here.” – Matt Stankiewicz

 

Resources

Matt Stankiewicz on LinkedIn

Email: mstekwitz@volkofflaw.com

Categories
Sunday Book Review

Sunday Book Review: August 20, 2023 The Toxic Religion Edition

In the Sunday Book Review, I consider books that would interest the compliance professional, the business executive or anyone who might be curious. It could be books about business, compliance, history, leadership, current events or anything else that might interest me. In today’s edition of the Sunday Book Review, I continue my summer exploration of books on crime. Today, we continue to explore our summer mystery series by looking at 5 books on toxic religions.

  • The Last Housewife by Ashley Winstead
  • Lay Your Body Down by Amy Suiter Clark
  • This Might Hurt by Stephanie Wrobel
  • The Mothers by Brit Bennet
  • All Good People Here by Ashley

Resource

Five Novels Portraying Toxic Religions by Amber Garza in Crime Reads

Categories
Because That's What Heroes Do

Firefly – Episode 13, Heart of Gold – Uncovering The Emotional Turmoil

Megan and I go in a different direction for our next sci-fi series as we take up the 2002 series Firefly. The show is an American space Western drama television series. The series is set in the year 2517, after the arrival of humans in a new star system, and follows the adventures of the renegade crew of Serenity, a “Firefly-class” spaceship. The ensemble cast portrays the nine characters who live on Serenity. Join the dynamic and delightful hosts Tom Fox and Megan Dougherty as they dive into the latest episode of Firefly in their podcast, Because That’s What Heroes Do!

In this podcast episode, Tom Fox and Megan Dougherty engage in insightful conversations about the TV show they are watching, exploring topics such as the class structure among sex workers, the portrayal of power dynamics, and the emotional impact of certain events. They analyze the complexities of the sex work industry and its depiction in the show, discussing the use of language and highlighting ethical practices. They delve into the emotional turmoil experienced by a character, Anara, after her romantic involvement with another character, Mal. The conversations also touch on intense battle scenes, a traitorous character, and a powerful moment of justice. Lastly, they examine the motivations behind another character, Inara, deciding to leave the spaceship. Overall, these discussions provide a comprehensive exploration of the show’s themes and highlight the depth and complexity of its characters and relationships.

 Highlights

·      Class structure and dynamics among sex workers

·      Inara’s Regret

·      Battle and Betrayal

·      An execution

·      Inara’s Departure

 Resources

Megan Dougherty 

LinkedIn

One Stone Creative

Twitter

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: August 19, 2023

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 will enjoy or participate in this weekend.

In this episode, Gilbert and Andrew are out on assignment so Tom discusses the stories which caught his attention over the past week.

Resources

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending August 19, 2023

Welcome to 10 For 10, the podcast which brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of 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.

·       Ukraine ABC lessons from Afghanistan. (NPR)

·       Paxton allegedly created fake Uber account to engage in corruption.  (Texas Tribune)

·       Inotiv facing FCPA issues around importing monkeys for research. (WSJ)

·       BNSF tries to settle massive data privacy claim.  (Reuters)

·       Federal corruption investigation heating up in Ohio. (Ohio Capital Journal)

·       SEC Whistleblower Program growing pains.  (WSJ)

·       African Development Bank not using ABC funds. (FT)

·       Aide to Madagascar leader arrested for corruption.  (FT)

·       Grupo Aval settles FCPA enforcement action. (WSJ)

·       Health care corruption sweep in China. (South China Morning Post)

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

Connect with Tom 

Instagram

Facebook

YouTube

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LinkedIn

Categories
Compliance and AI

Compliance and AI-Julie Myers Wood on Navigating the AI Compliance Landscape: Mitigating Risks

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this exciting new podcast series, Compliance and AI. Hosted by Tom Fox, the award-winning Voice of Compliance, this podcast will look at how AI will impact compliance programs into the next decade and beyond. If you want to find out why the future is now, join Tom Fox on this journey to the frontiers of AI.

Welcome back to another exciting episode of our podcast, where we delve into the fascinating world of compliance and artificial intelligence (AI). Today, we have the pleasure of hosting Julie Myers Wood, CEO of Guidepost Solutions. With her extensive background in law and government positions, Julie brings a wealth of knowledge and insights to our discussion on the challenges and considerations of incorporating AI into compliance programs.

As compliance professionals, we play a vital role in ensuring the safety and security of our businesses. The integration of AI into compliance programs presents both challenges and opportunities. By understanding the tools, risks, and solutions associated with AI, we can adapt to the changing landscape and make informed decisions.

Let’s embrace this exciting era of AI while staying vigilant and proactive. The world is changing, and compliance professionals need to stay up to date to ensure the safety and security of our businesses. Thank you, Julie Myers Wood, for sharing your valuable insights, and we look forward to more enlightening discussions in the future!

Remember, compliance professionals are the co-pilots of our businesses, guiding us through the complexities of the AI revolution. Let’s not wait too long between podcasts and continue this journey together!

Key Highlights

  • Key Considerations for Compliance and AI
  • Importance of Inventorying Tools and Managing Risks
  • AI and Intellectual Property Protection
  • Challenges of Implementing AI
  • AI and Compliance

 Resources

Julie Myers Wood on LinkedIn

Guidepost Solutions

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Hill Country Artists Podcast

Hill Country Artists Podcast: Elaine Capers- Capturing The Trans-Pecos: Art, Community, and Inspiration

Delve into the heart of the Texas Hill Country with “Hill Country Canvas,” a podcast that paints the vibrant tapestry of art rooted in this iconic region. From the sun-drenched limestone cliffs to the serene Guadalupe River, the Hill Country has been a muse for countless artists, providing a unique backdrop for creativity to flourish. In each episode, we uncover the stories behind the area’s most captivating artworks, converse with local artists about their inspirations, and explore the fusion of Texan traditions with contemporary artistic expressions. In this episode we visit with Elaine Capers, a Hill Country artist who grew up in Fort Stockton.

Welcome to the inaugural episode of the Hill Country Artists Podcast, hosted by Tom Fox. In this episode, we have the pleasure of hearing from the talented artist Elaine Capers, who takes us on a journey through her upbringing in Fort Stockton, Texas, and the thriving art scene in Kerrville. Join us as we delve into the distinct geography and climate of West Texas, Elaine’s passion for painting, and the upcoming art show that promises to be a treat for art enthusiasts. So sit back, relax, and let’s dive into this fascinating conversation!

Elaine Capers grew up in the charming town of Fort Stockton, located in the Trans-Pecos region of West Texas. This region, often overshadowed by the more well-known Hill Country, boasts its own unique beauty and artistic heritage. Fort Stockton, nestled on the way to El Paso, provided Elaine with a close-knit community and a rich artistic upbringing.

The conversation between Tom and Elaine takes us on a vivid exploration of the Trans-Pecos distinct geography and climate. Picture a desert with a hot, dry heat, occasionally graced by snow in the winter, offering a taste of seasons in this otherwise arid region. After rare rainfall, the area transforms overnight with a burst of vibrant wildflowers, painting the landscape in a kaleidoscope of colors.

Throughout the podcast episode, Elaine emphasized the importance of following one’s passion and embracing opportunities for growth. Tom advises aspiring artists to seek out workshops they are interested in, even if they can’t afford them, and to paint with and learn from other artists. This practical advice encourages artists to continuously learn and evolve their craft. She encourages artists to explore different artistic mediums, such as watercolors, oils, acrylics, pastels, and pencil. By experimenting with various mediums, artists can discover new techniques and expand their artistic horizons.

We also shed light on the thriving art scene in Kerrville, Texas, which has become a hub for artists in recent years. In 2023, the local art scene is buzzing with creativity, and Elaine Capers is one of the talented artists contributing to this vibrant community. Elaine exhibits her work at the KACC art center downtown and with the art club. She has an upcoming show at the Art Center in downtown Kerrville, where seven artists, including five professionals, will be showcasing their work. Tom believes that joining art clubs and immersing oneself in the local art scene is invaluable, even for those who may not consider themselves artists. Appreciation for art, he argues, is just as important as artistic talent.

As we wrap up this captivating podcast episode, we are left with a deeper appreciation for the unique beauty of the Trans-Pecos region and the thriving art scene in Kerrville. Elaine Capers’ journey from Fort Stockton to becoming a full-time artist serves as an inspiration for following one’s passion and embracing opportunities for growth.

So, whether you’re an aspiring artist or simply an art enthusiast, take Tom and Elaine’s advice to heart. Seek out opportunities to learn, experiment with different artistic mediums, and immerse yourself in the local art scene. Who knows, you may just uncover your own unique artistic voice and contribute to the ever-growing tapestry of the art world.

Remember, as Elaine Capers showcases her work alongside other talented artists in the upcoming art show, it’s a testament to the power of following your passion and embracing the diverse range of artistic mediums. So mark your calendars for this exciting event and be prepared to be captivated by the beauty and creativity on display.

To stay updated with Elaine’s artwork, be sure to visit her Facebook page, “Art by Elaine.” And while you’re at it, explore the thriving art scene in Kerrville and immerse yourself in the rich artistic heritage of West Texas. Happy creating!

Resources

Art by Elaine on Facebook

‘Women with Purpose’ show in the Avery Galleria at the Kerrville Arts & Convention Center