On the latest episode of EMBARGOED!, Brian and Tim are joined by special guests Sue Millar (Stephenson Harwood) and Tom Stocker (Pinsent Masons) to dive deep on what’s happening in the U.K. now that Brexit is (sort of) behind us. Topics include U.K. sanctions and export controls policy, the future of U.K.-U.S. and U.K.-EU trade relations, possible new U.K. approaches to Iran, China, and Russia, and the rise of OFSI as a sanctions enforcer to be reckoned with. Then, in the Lightning Round, we quickly touch on the new Burma sanctions program, a full U.S. reversal on Yemen, and the (possible) death knell for the TikTok and WeChat EOs.
Thanks to our guests Sue Millar and Tom Stocker.
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EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
Timestamps:
0:10 Introduction and Roadmap
3:52 Meet Our Guests – Sue Millar and Tom Stocker
5:27 What’s Happening in the U.K.?
U.K. Trade Policy Post-Brexit
U.K. vs. U.S.
Looking Ahead to the U.K.’s Approach on:
China
Russia
Iran
Global Magnitsky Act/Human Rights-Based Sanctions
51:32 Final Thoughts and Goodbyes
55:42 Lightning Round
56:03 Burma Executive Order
59:32 Full Reversal on Yemen
1:02:46 Review of WeChat and TikTok Executive Orders
1:08:52 Final Thoughts
***Stay sanctions free***
This podcast introduces you to Joseph K. West, Partner and Chief Diversity and Inclusion Officer at the law firm of Duane Morris. The discussion focuses on the proven benefits of having a diverse workforce, as well as the commitment necessary to make diversity and inclusion a critical component of your organization. AMI’s Managing Directors Brenda Morris and Dionne Lomax are your hosts.
Resources:
https://www.duanemorris.com/
Contact: podcast@affiliatedmonitors.com
Learn More: affiliatedmonitors.com/integrity-through-compliance-podcast
Music and Audio Production by Dan Barton
Part 2 of this Fraud Eats Strategy series, Scott Moritz continues the conversation on the Anti-Money Laundering Act of 2020 (AMLA 2020) with Matt Biben, Partner of Gibson Dunn.
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.
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In this episode, Lisa speaks with Joya Williams, who has had a front row seat to some of the most fascinating moments in recent ethics and compliance history at Enron and again with the Gulf Oil spill in 2016. After seeing the fallout from Enron in 2001, and working in ethics and compliance immediately thereafter, she saw the impact and need for that work. That has guided her professional life.
Joya talks about her experiences and how she has built a network for herself and others by building the Greater Houston Business and Ethics Roundtable and working with Smith Texas College to build a compliance program.
As this is the last week of Black History Month, it was important to recognize the work of someone like Joya, who embodies a GWIC in how she gives back to her community – local, professional and educational. She also talks about the importance of increasing the number of Black Chief Compliance Officer roles and to increase diversity in the ethics and compliance space and ends the interview with a wonderful quote from Shirley Chisholm.
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.
Lisa and Mary have extended the Great Women in Compliance brand to the book “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020) which can be found on Amazon and features valuable wisdom and advice from Great Women in Compliance across the world.
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.
Join the Great Women in Compliance community on LinkedIn here.
Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into one of the most delicious legal decisions recently seen: the attempt by Citibank to recoup $500MM of the $900MM it erroneously wired out on behalf of Revlon.
Some of the issues we consider are:
· How did this Fubar occur?
· What was the role of complexity?
· Why did the employees make this mistake?
· What about training?
· Where were internal controls?
· What is the ‘value for discharge’ defense?
· Does this all just come down to finders keepers?
· What are the compliance lessons?
Resources
Tom’s blog posts on the FCPA Compliance and Ethics Blog:
Too Complex to Succeed: Citibank Incorrect Wires Out $900MM: Part 1 – The Facts
Too Complex to Succeed: Citibank Incorrect Wires Out $900MM: Part 2 – Lessons Learned
The Citibank decision
Effective Compliance Program Hallmark: Training and Communication with Ronnie and Ricardo
Organizations take measures to articulate their policies and guidelines realistically. Doing this ensures that they can promote their compliance and ethics programs to people with unique positions and obligations by meaningful preparation and exchanging knowledge relevant to them.
However, due to their limited understanding of the hallmarks of effective compliance, specifically training and communication, plus the amount of consideration and attention they provide to it, companies sometimes fall far short of the compliance goals.
While several companies and regulatory agencies assume that they treat the training and communication hallmark well, this is the area they sometimes curve out of their most vital point.
The reasons why most organizations struggle to fulfill the criteria of this hallmark can be:
- Lack of daily scrutiny and continuing contact
- For the employee, not ensuring preparation and policy coordination are appropriate.
- Incorrect or insufficient assessment of preparation and policy efficacy
- Not giving regard to the risk prioritization of training.
In today’s Compliance Handbook chapter, we’ll dive deeper into the fourth hallmark of effective compliance frameworks: training and communication. We’re joined by two experts in the compliance field, Ronnie Feldman and Ricardo Pellafone.
Key takeaways discussed in the chapter:
- While training is valuable most of the time, it’s not a tool to an end in compliance. It’s a tool you use to prevent misconduct, but it’s not an end in itself. It fills a unique niche within the compliance officer’s means, but it’s compelling when used for the right purpose.
- Discover how not to lose trust. Note that if compliance training is boring and preachy, people are annoyed at you for making them go through the experience. As a result, they don’t think well of compliance, which means they are much less likely to speak up to ask questions and report concerns.
- Analyze who among the players in your organization had to undergo compliance training. Find answers to questions like, “Will the compliance training benefit the regular employee, or it should be those that are in the higher ends—with the authority to either create or control risk?”
- Training is good, but also consider that people need reminding more than they need instruction.
- Simplicity and utility are the keys! Your compliance framework should not be extensive and complicated. When things are designed well and they are useful, people will use them.
- Have you ever been caught in a situation where you’re a manager, you have to approve an invoice from a third party. What are you looking for? That is something that pretty much no one is ever trained on what to do. This is the big difference between the traditional top-down model of training versus the training model used by Ricardo Pellafone. If you want to learn more about this training method, tune in to the chapter.
- Comedy and entertainment principles can go along with compliance? Sure thing! We like trying new things and discover how well Ronnie blended these elements to create an effective compliance framework.
Order your copy OR copies of The Compliance Handbook: A Guide to Operationalizing Your Compliance Program. Save 25% off. http://www.lexisnexis.com/fox25
In this podcast, I have been joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. We have discussed various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In this episode, we consider the continuing evolution in monitorships.
Just as compliance programs and the role of the Chief Compliance Officer (CCO) have evolved, the situations involving a monitor have evolved. We began with a consideration of some of Gordon’s thoughts about how the intersection of law and technology, including privacy, data management and data bias are really driving the conversation with clients around oversight and monitorships. Gordon began with the trend and growth in monitoring entities that have violated data privacy laws. Interestingly, this can come not from any overt or even poor decision on a company’s part or action. It could be from a data breach or it could be they misuse data. Gordon pointed to misuse such as Facebook, under evolving privacy laws. Here Gordon related that “Companies are a little on the back foot.”
The evolution of monitorships has also occurred around timing. Originally, monitors were brought in at the conclusion of an enforcement action. Now monitors are often brought in during and even before an enforcement action begins on a pro-active basis, to get out ahead of the problem. This can be to see if an issue exists or to remediate the issue before the conclusion of an enforcement action. If it is the former situation, it can help to prevent an enforcement action from even getting off the ground. If the enforcement action has already begun, the pro-active approach can help a company garner a declination or if one cannot be obtained prevent a multi-year, post-settlement monitorship from being mandated.
For more information on AMI, check out their website. For more information on Mikhail Reider-Gordon, check out her LinkedIn profile.
The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Natalia Shehadeh, Chief Compliance Officer at ABB. In this fourth and final episode with Natalia we look at some of the key lessons she has learned and where the CCO chair may be headed in 2025 and beyond.
Natalia felt they were all unique experiences, joining corporate families at different times of opportunity and challenge. She identified culture, behavior and inclusion as key and need to be the guiding lights for our field. The greater sense of community and common purpose within and cross industries we can bring to the criticality of integrity the better. The more inclusive we can make our enterprise cultures the stronger they will be.