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All Things Investigations

All Things Investigations: Episode 21 – HHR Alum: John Wood – A January 6 Committee Lawyer

 

Welcome to the Hughes Hubbard Anticorruption and Internal investigation Practice Group’s podcast, where host Tom Fox and members of the Hughes Hubbard Anticorruption and Internal Investigation Practices Group delve into the legal issues surrounding white-collar and other investigations, both domestically and internationally.  John Wood, Investigative Counsel on the January 6 Committee, joins Tom and Mike DeBernadis on this week’s show. They delve into the inner workings of the January 6 Committee.

John Wood is a former Hughes Hubbard partner; he serves as Investigative Counsel on the January 6 Committee. He is well known for his work with the Bush administration, where he worked at the Justice Department, White House and Department of Homeland Security.

 

Key ideas you’ll hear in this episode:

  • The January 6th attack on the Capitol investigation was conducted by five teams, with a bipartisan committee and one staff. Documents were crucial to the investigation and legal strategies were used to obtain them. The National Archives produced a significant number of documents, while electronic documents were quickly obtained from witnesses through subpoenas, text messages and email accounts.
  • Some witnesses were less compliant or refused to cooperate and the House held some in criminal contempt. The Fifth Amendment was respected, but the investigation was frustrated by some who claimed it as a defense. 
  • The public hearing was divided into topical sections and used video and live and deposition testimony to create a compelling story for the American people. 
  • John questioned Judge Ludic, a former clerk and conservative expert witness. The hearing was more structured and scripted, but with surprises and led by members of Congress and senior investigative counsel.
  • The report was intentionally detailed with specific citations to documents and transcripts for backup, time-consuming to write, but important to have as buttoned up as possible to prevent denial by the former President or his allies. 
  • The hope for the legacy of the committee is to prevent something like January 6 from happening again, and to put partisanship and politics aside to work for the country. 
  • John recommends a book, “Scavenger Hunt” by Chad Boudreaux, as a fun and informative read.

KEY QUOTES:

“In terms of the [January 6 Committee] investigation, while obviously there were differences of opinion on how to proceed with certain things with strategy or tactics to use, it was never based on political or party affiliation.” – John Wood 

 

Resources

Hughes Hubbard & Reed website

John Wood on LinkedIn

Scavenger Hunt – Chad Boudreaux

Categories
FCPA Compliance Report

Eric Young on the Evolution of the CCO

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this special episode, I am joined by Eric Young from Guidepost Solutions. Young has worked at prestigious institutions like JPMorgan, General Electric, S&P Global Ratings, and BNP Paribas. He shares his expertise to empower employees looking to move ahead with processes, find solutions, and navigate compliance issues.

Tom and Eric talk about the highlights of the Monaco Memo, updates on the Corporate Enforcement Policy, a case study from ABB to showcase the role of the CCO, and how firms should interpret Department of Justice speeches. He further dives into the corporate culture, accountability, and role of the CCO within an organization. Finally, Eric sheds light on a case from McDonald’s involving the former CEO and their decision to claw back compensation. The discussion concluded with acknowledging the Delaware court’s holding that elevates the CCO’s corporate duties.

Key Topics:

[00:04:24] Process Improvement to Avoid Violations and Effect Positive Change in Company Culture

[00:09:19] The Effects of the Monaco Memorandum on Corporate Compliance Practice

[00:14:35] ABB’s Impressive Performance During an Investigation and Remediation Period

[00:18:42] The C-suite’s Responsibility in Organizations

[00:23:21] The Impact of Experiences on Assessing Business Decisions

[00:28:05] The SEC Inquiry on McDonald’s precipitated by Steve Easterbrook’s Removal

[00:32:24] The Significance of Delaware Courts in Regards to Corporate Law

[00:37:13] The Functions of Corporate Boards During Times of Crisis.

Tune in and listen to Eric as he educates us about the need to report extraordinary circumstances to the Department of Justice

 Resources:

Connect with Tom Fox

●      LinkedIn

Connect with Eric Young

●      Guidepost Solutions

●      LinkedIn

Categories
Daily Compliance News

February 13, 2023 – The Corruption Kills 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 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.

Stories we are following in today’s edition of Daily Compliance News:

  • Deutsche Bank finds it acted in bad faith. (FT)
  • Judge denies right to reopen Boeing DPA. (WSJ)
  • Meta and Gibson, Dunn harshly criticized for litigation tactics. (Reuters)
  • Corruption abetted Turkey’s earthquake. (Foreign Policy)
Categories
Sunday Book Review

February 12, 2023 – The True Crime Edition

In the Sunday Book Review, I consider books that interest the compliance professional, the business executive, or anyone 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, we consider some of the top ethics books which every compliance professional should read in 2023:

·      Slenderman: Online Obsession, Mental Illness, and the Violent Crime of Two Midwestern Girls by Kathleen Hale 

·       Tell Me Everything: The Story of a Private Investigation by Erika Krouse

·        Trailed: One Woman’s Quest to Solve the Shenandoah Murders by Kathryn Miles 

·       American Demon: Eliot Ness and the Hunt for America’s Jack the Ripper by Daniel Stashower 

Resources

Complete List of Mystery Writers of America 2023 Edgar Nominees in MysteryTribune.com

Categories
Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: February 11, 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 inaugural episode, Tom, Gilbert and Andrew discuss the following stories which caught their attention over the past week.

·      Tom talks about the Kerrville Police Department’s new body cameras and the Kerr County call for volunteer to assist in emergency services. He talks about the weekend ‘Friends of the Library’ book sale at the Butterworth- Library.

·      Gilbert Paiz talks about the upcoming Kerrville City Council election and the new bank coming to Kerrville. Gilbert hopes to enjoy some nice sunshine with yard work this weekend.

·      Andrew talks about the Kerrville School Board election and the number of lawsuits filed in Kerr County District Court. Andrew is looking forward to the concert at RoddyTree Ranch this weekend.

Categories
Daily Compliance News

February 11, 2023 – The All Adani 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 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.

Stories we are following in today’s edition of Daily Compliance News:

Categories
Compliance Kitchen

Compliance Kitchen – The Changes in the DOJ Corporate Enforcement Policy

The Compliance Kitchen returns with a wrap-up of the week’s top trade and economic sanction issues. In today’s episode, Silvia Surman visits the DOJ revised its Corporate Enforcement Policy and the Kitchen looks at the highlights.

Categories
Investing in the Future

Investing in the Future – Episode 1 – Tabor McMillan

How do small towns and rural counties invest in their future? Tom Fox and Andrew Gay explore this topic in their new podcast series Investing in the Future – Developing Leadership in Kerr County. Leadership Kerr County is the premier leadership program in the Hill Country which enables men and women to learn more about the issues and topics that face Kerrville, Kerr County, and the Hill Country on a daily basis; everything from education and social services to economic development and health care. Kerr County has decided to invest in its citizens to create future leaders and lay a foundation for their future involvement in the leadership of Kerrville and Kerr County. This podcast is produced and hosted by the Texas Hill Country Podcast Network.

In our inaugural episode, we visit with Tabor McMillan, current chairman of the Leadership Kerr County Steering Committee. We discuss how his involvement in LKC and his passion for local leadership. He takes pride in living and raising his family here in the Texas Hill Country. Tabor is a local banker here in Kerr County.

Highlights include:

-How did he find out or hear about LKC?

-What was his experience when he was a class participant?

-What was involved with being a class participant?

-How does he feel about our ability in our community to make a difference locally?

Resources

Tabor McMillan on LinkedIn

Andrew Gay on LinkedIn

Tom Fox on LinkedIn

For more information on Leadership Kerr County, click here.

Categories
31 Days to More Effective Compliance Programs

One Month to More Effective Internal Controls – Mapping Internal Controls

The SEC has continued to emphasize the accounting provisions of the FCPA, specifically the internal controls provisions. The reason is straightforward; a company with rigorous internal compliance controls is better able to prevent, detect and remedy any FCPA violations that may occur. What can you do around the FCPA’s requirements for internal controls and continued SEC enforcement emphasis? You should begin with an exercise where you map the internal controls your company has in place to the indicia of the Hallmarks of an Effective Compliance Program, as set out in the 2020 FCPA Resource Guide. While most compliance practitioners are familiar with the Hallmarks, you may not be as familiar with standards for internal controls. Here, begin with the COSO 2013 Internal Controls Framework as your starting point.

As a CCO or compliance practitioner, this is an exercise that you can engage in at no cost. You simply investigate and note what internal controls you have in place and how they may be a part of your anti-corruption efforts going forward. Compliance is a straightforward exercise; this does not mean that it is easy, you do have to work at it so that you will simply not have a paper, “check the box” program. But using the excuse that you have limited resources is simply an excuse and a rather poor one at that. While the clear lesson from the BHP enforcement action is that you are required to have effective internal controls in place, by engaging in this mapping exercise you can then figure out what you have and, more importantly, what internal compliance controls that you do not have and need to institute.

Three key takeaways:

1. Learn the internal controls your company currently has in place.

2. Map your compliance internal controls to the COSO 2013 Internal Controls Framework.

3. Use your gap analysis as a basis for remediation.

Categories
Creativity and Compliance

The Halo Effect

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the award-winning Compliance Podcast Network.

Ronnie’s company, Learnings and Entertainment, utilizes the entertainment devices that people use to consume information in their everyday, non-work lives, and apply it to important topics around compliance and ethics. It is not only about being funny. It is about changing the tone of your compliance communications and messaging to make your compliance program, policies and resources more accessible.

In this episode, Tom and Ronnie discuss the Halo Effect and its role in compliance communications.

Highlights include:

  • What is the importance of making training and comms shorter? What makes it more entertaining, stickier, and helps compliance professionals get increased airtime and exposure, with their messages carried forward.
  • The Halo Effect, which is that people are left with a positive impression.
  • The Halo Effect is not a residual benefit…it is the benefit!
  • The opposite of the Halo Effect is called the Horn Effect…which is that people are left with a negative impression. Hello Compliance!
  • Your compliance reputation doe matter.
  • In every interaction compliance professionals have with employees and leaders, think about Halo’s and not Horns!
  • Maya Angelo once said, people won’t remember what you say, but they’ll remember how you made them feel.

Resources: