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This Week in FCPA

Episode 255 – the Cheater’s (near) Sweep edition


As the Astros (nearly) sweep the BoSox (in the Cheater’s Bowl), we enter the 6th month of 2021, Jay and Tom take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Welcome to June edition.
Stories

  1. Compliance and goverance for NFTs. Ingrid Vasiliu-Feltes in XpertsLeague.
  2. Compliance risks in post-acquisition integration. Jennifer Fondrevay in the FCPA Blog.
  3. A collective response to ransomware attacks is needed. Jaclyn Jaeger reflects in Complinace Week. (sub req’d)
  4. Using stories to make your values stick. Brett Beasley in Notre Dame Delloite Center for Ethical Leadership.
  5. What is the cost of compliance? Thompson Reuters report, in CCI.
  6. Is AI up to AML work? Mayze Teitler explores in the Global Anti-Corruption Blog.
  7. Are echos of 2008 in the air? Mark Jensen and in Ian Roffman CCI.
  8. More charges still coming down from the Odebrecht case. Mike Volkov in Corruption, Crime and Compliance.
  9. Lessons for corp BODs from Exxon. Nell Minow the Havard Law School Forum on Corporate Governance.
  10. What is the status of your financial crimes compliance program? Frank Staelens in Risk and Compliance Platform Europe. 

Podcasts and Events

  1. Mikhail Reider-Gordon is back with a special two-part week on The Wirecard Saga. Check out the top podcast on Germany’s biggest financial scandal over the past 70 years. Listen to the ‘Know When to Hold ‘Em’ edition, Part 1& Part 2. On the Compliance Podcast Network.
  2. Compliance Man Returns with a New Season: True or False? Tom and emerging market compliance special Tim Khasanov-Batirov are back with a new 10-episode season. In Episode 2, they explore how whistleblowers are received in emerging markets. Can’t get out of your Ivory Tower, the check out Compliance Man to learn about compliance in emerging markets. The season’s episodes will post at 7AM each Friday over the next few months. Part 2 .
  3. Trekking Through Compliance Returns! Tom reviews all 79 episodes of Star Trek, the Original Series beginning June 1. Each day at 3 PM on the Compliance Podcast Network. This week included The Man Trap, Charlie X, Where No Man Has Gone Before, and The Naked Time.
  4. The Compliance Podcast Network premiers a new podcast, From the Editor’s Desk, with Dave Lefort, Editor in Chief of Compliance Week. In this Episode 1, we review some of the top stories from the CW 21 Conference, the top stories from CW in May and a special segment with Aly McDevitt, author of the CW special report on the VW monitorship. From the Editor’s Desk will appear on the first and last Friday of each month at 8 AM.
  5. Two great K2 Integrity events. On June 9, join K2 Integrity’s Lindsay Di Fede and Olivia Allison to hear about the benefits of taking a holistic and programmatic approach to preventing, detecting, responding to, and remediating insider threats. Learn more and register: https://www.k2integrity.com/en/events/insider-threats—taking-a-proactive-and-preventive-approach. On July 1, join K2 Integrity’s Snezana Gebauer and Darren Matthews will present a webinar on asset tracing at the IBA Global Influencer Forum. Learn more and register: https://www.k2integrity.com/en/events/k2-integrity-webinar-at-iba-global-influencer-forum-fraud-debt-and-judgements-how-to-maximize-asset
  6. Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions.
  7. iliated Monitors, Inc.‘s Jesse Caplan hosts Troutman Pepper‘s partner Miranda Hooker and AMI’s James Anliot as they discuss the growing opportunities, the significant compliance risks, the available compliance guidance (and the limits to that guidance), and how to mitigate the potential for government investigations and enforcement actions. On today’s episode of “Integrity Through Compliance“!

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Daily Compliance News

June 4, 2021 the Biden Statement on Corruption edition


In today’s edition of Daily Compliance News:

  • President Biden issues statement on corruption.  (White House)
Categories
MoForecast

MoForecast: Predictions on the UK


In this episode of MoForecast, Morrison & Foerster partner James Koukios speaks with London partners Gareth Rees QC and Hayley Ichilcik about what to expect in UK enforcement under the Biden administration.

Morrison & Foerster LLP (MoFo) · MoForecast: Predictions on the UK

The MoForecast podcast series, produced by global law firm Morrison & Foerster, looks into what we saw in the legal landscape under the Trump administration and how policies might change under President Biden by leveraging the firm’s decades of private practice experience and insight from former government roles. Discover more MoForecast episodes.
About the Speakers
James Koukios is co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high‑stakes government enforcement actions and complex internal investigations. He previously served as a federal prosecutor at the U.S. Department of Justice (DOJ), where he was the lead prosecutor in two landmark FCPA related trials: United States v. Esquenazi and United States v. Duperval. While at DOJ, James also served as lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs. He also previously served as Special Counsel to then-FBI Director Robert S. Mueller, III.
James is joined in this episode by:

  • Gareth Rees QC, partner in Morrison & Foerster’s London office and a Queens Counsel appointee
  • Hayley Ichilcik, partner in Morrison & Foerster’s London office and Europe Regional Lead of the Ethics + Compliance practice

The Morrison & Foerster team is made up of talented defense lawyers, including many who once served as prosecutors and regulators. The team helps firm clients resolve their legal issues by immersing themselves in how their clients think and operate. Learn more about the firm’s Investigations + White Collar Defense and Global Ethics + Compliance groups.
 

Categories
The Wirecard Saga

Know When To Hold ‘Em, Part 2


Welcome to The Wirecard Saga, literally one of the leading sources on all things Wirecard. In this series, Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors takes a look at the biggest financial scandal in post-war Germany from a variety of angles.  In this ‘Know When To Hold ‘Em, Part 2’ Episode, she continues her exploration of those persons, entities and governments who have been damaged, some beyond repair, by Wirecard and the nuclear fallout from its scandal. Some of the highlights include:

  • Lithuania – Gateway to Fintech
  • Kalixia and PXP get passed around
  • Banking Bwin
  • Americans love PartyGaming
  • Golden Tickets to Wonkaland
  • Senjo Again?!
  • Paradise Papers Name & Shame in 2017
  • Big Money
  • Online Goes Dark
  • WC execs fly the nest but don’t leave the flock
  • Going Full Tilt
  • Banker & Processor to the Top Three
  • Shalon Competes and Colludes
  • Action Day
  • Its Not Such a Rich Field…
Categories
Life with GDPR

Happy Birthday GDPR, Part 2

In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today we conclude a special two-part episode in honor of the 3rd anniversary of the go-live of GDPR. We review five key developments in GDPR review, regulation and enforcement over the past 3 years. In Part 1, we looked at the increased militancy in GDPR enforcement, both from regulators and in private actions and enforcement trends over the past 3 years.  In this Part 2, we consider the where of doing business, data security and customers issues as they have evolved over the past 3 years.

Resources

Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

Categories
Daily Compliance News

June 3, 2021 the States Doing Ethics edition


In today’s edition of Daily Compliance News:

  • How do you solve a problem like Elon? (WSJ)
  • HBO and the Discovery Channel. What could go wrong? (NYT)
  • Illinois passes ethics bill. (Illinois Policy)
  • Ohio gubernatorial candidate proposes corruption reform for Ohio. (Dayton Daily News)
Categories
Integrity Through Compliance

Healthcare Entrepreneurship Must-Have: Putting Compliance Front & Center


Troutman Pepper’s Miranda Hooker joins the Integrity Through Compliance podcast to discuss her 20 years of experience as a white-collar attorney in the healthcare space, both as corporate defense attorney and as a federal healthcare fraud prosecutor. Together with AMI’s Jim Anliot and Jesse Caplan, she discusses the the growing opportunities, the significant compliance risks, the available compliance guidance (and the limits to that guidance), and how to mitigate the potential for government investigations and enforcement actions. There are huge potential opportunities for healthcare entrepreneurs in 2021, in addition to potential landmines that business leaders trip upon when they aren’t properly prepared. Visit the Affiliated Monitors website for the episode transcript.
 

Topics discussed:
• How the pandemic has prompted huge opportunity for improvement in innovation and infrastructure of the healthcare system — national efforts at collecting COVID data have demonstrated how much room there is for improvement
• The huge increase in the adoption of telehealth services, and the scope of services which can be delivered remotely; the opportunities to better operationalize these innovations
• How to view healthcare from a more holistic perspective, rather than simply treating one specific condition
• How the future may shift away from the typical “fee for service” payment model in favor of alternative methods, such as value-based care models (which incentevise patient outcomes), accountable care organizations, concierge medicine (which involve a flat yearly fee for a range of services)
• How state licensing boards are adapting to interstate flexibility with the rise in telehealth services
• What entrepreneurial investors and venture capitalists need to know about entering the healthcare industry
• Where fraud and abuse concerns fall among the many considerations of entrepreneurs as they develop products and services
• The conflicting perspectives from which entrepreneurs and regulators view the healthcare marketplace
• Getting quality advice, and learning the regulatory landscape before launching a business, to assess whether the proposed business model will even work
• New DOJ guidance on compliance that reflects their understanding that it’s a constantly evolving landscape, and there is no one size fits all approach
• The importance of having a compliance officer who is visible throughout the company, and who is seen as a resource for making things better, as opposed to a “supercop” enforcer.
• The importance of a training program that involves compliance — not only in terms of the rules, but how the compliance program affects their particular role
• Whistleblower protections: employees need to know that if they report a problem, they will be protected from retaliation
Email podcast@affiliatedmonitors.com with comments or questions.
Engineering, production, and music by Dan Barton
 
 

Categories
Fraud Eats Strategy

Brazil is not for Beginners: Operation Lava Jato Part 2

Part 2 of this episode series continues the deep dive into Lava Jato or Operation Car Wash, the largest and most complex corruption investigation in the history of Brazil.

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Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, warlords, kleptocrats and more.

Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.
 

Categories
The Ethics Experts

Episode 065 — Daniel Coffeen

In this episode of The Ethics Experts, Nick welcomes Daniel Coffeen, Brand Strategist and Writer, to the show.

Categories
Great Women in Compliance

Fernanda Beraldi on The Power of One


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In the episode entitled “The Power of One” Mary Shirley and Fernanda Beraldi talk about an initiative Fernanda has worked on in her community to help bring Compliance principles and techniques to a wider number of organizations.  Oftentimes smaller companies don’t have the resources available to them to implement full.  We focus on the idea that small ripples can create great waves and how one person’s efforts can truly change the world of those around them.
We also talk about how to incorporate a sense of balance for people who thrive on hustle – getting things done as a mover and shaker can exhilarating and satisfying but also can be tiring and draining for those constantly on the go.  These types of people often find it hard to say no.  Mary and Fernanda discuss what it’s like to be people who like to keep a full plate and give back whole-heartedly while setting boundaries, particularly when it comes to having to diplomatically turn someone down.
The Great Women in Compliance Podcast is proudly featured on the Compliance Podcast Network and sponsored by Corporate Compliance Insights.  If you enjoyed this episode please subscribe to the podcast and rate it on your podcast player to help other compliance professionals find it.  Want to hear more from us?  We have a book, “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).
If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?
As always, we are so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up or would just like to reach out and say hello, we always welcome hearing from our listeners.
You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.
Join the Great Women in Compliance community on LinkedIn here.