Categories
FCPA Compliance Report

Philip Urofsky on Shearman & Sterling’s 2020 FCPA Digest


In the Episode, I have back Philip Urofsky, a partner at Shearman & Sterling and editor of the firm’s FCPA Digest. Urofsky joins me to discuss the 2020 FCPA Digest and where anti-corruption enforcement may be headed in 2021. Some of the highlights include:

  1. Intro of the Shearman and Sterling FCPA Digest. What is it? How is compiled and produced?
  2. 2020 saw total sanctions of approximately $8.24 billion, making 2020 a record-shattering year in terms of quantum of FCPA enforcement penalties. What does this mean going forward?
  3. There was growing cooperation between the FCPA enforcement agencies and other U.S. government entities, including OFAC and the CFTC. What might this mean for anti-corruption enforcement going forward? What might be the impact of CFTC enforcement of the FCPA going forward?
  4. Did the international cooperation and enforcement in the Goldman Sachs FCPA enforcement action by state agencies such as the New York DFS signal another type of increased cooperation in investigation and enforcement?
  5. Does the prosecution of Thomas Moyer Apple Global Head of Security, indicate a potential shift in the theoretical underpinnings of FCPA enforcement? Read in conjunction with the Relator’s actions in Opinion Release 20-01, might this signal a new approach to FCPA application?
  6. Will the application NDAA influence or even inform FCPA requirements around due diligence on third-parties which are shell companies?
  7. What, if any, changes to FCPA enforcement under the Biden Administration?

 Resources
Check out a copy of the Shearman & Sterling FCPA Digest here.

Categories
Daily Compliance News

February 15, 2021, President’s Day edition


In today’s edition of Daily Compliance News:

  • BCCI US founder Robert Altman (Mr. TV Wonder Woman) dies. (NYT)
  • Purdue Pharma lawyers in hot water for failing to disclose COI. (WSJ)
  • North Dakota battleground for Apple & Google. (NYT)
  • Taylors to be extradited to Japan to face trial. (NYT)
Categories
Coffee and Regs

Simplifying SFDR: Preparing for ESG and Level 1 & Level 2 of the EU Sustainable Finance Disclosure Regulation


In this episode, CSS’s ESG experts Marye Cherry and Ronan Brennan talk about the latest developments with the EU Sustainable Finance Disclosure Regulation. The ESAs have published the much-anticipated final report and draft RTS on disclosures under the EU SFDR while there’s still the impending 10 March deadline for high-level, principles-based compliance with the Level 1 SFDR.

A CSS RegTech podcast series on moving from a tactical to strategic approach to regulatory compliance. The global regulatory space is complex and fragmented. Financial firms can address this problem through tactical responses to regulatory deadlines or think more strategically on how to optimize their compliance data, operations and technology. The CSS weekly podcast features regulatory experts, former Chief Compliance Officers, cybersecurity specialists, industry partners and RegTech collaborators to help prepare investment management firms for changes on the regulatory horizon. For more information on CSS, visit: www.cssregtech.com
 

About Our Guest Speakers:

Marye Cherry is the EU Regulatory Counsel and Regulatory Guidance Specialist at CSS. With more than 10 years of legal and compliance experience, Marye specializes in transparency and regulatory reporting issues in the financial services industry, including sensitive industries and ESG. At CSS, Marye focuses on European financial regulations that affect fund managers’ operations worldwide and helps translate those requirements into automated reporting solutions.
 

 
Ronan Brennan is the Chief Product Officer at Compliance Solutions Strategies (CSS). In his role, he has direct responsibility for the strategic evolution of the global suite of CSS products and regulatory content. Managing product in CSS involves ensuring the product suite is ready to support both the current and future compliance management and regulatory reporting needs of investment management and advisory firms globally. Ronan participates as a speaker in many industry events each year, in addition to publishing a company blog and development of thought leadership materials. Ronan has 26 years of experience in the technology sector, 21 of which have been spent in the investment data management and regulatory reporting space.
 
Categories
Sunday Book Review

February 14, 2021, the Graham Greene I-Books of Graham Greene edition


In today’s edition of Sunday Book Review:

  • Brighton Rock
  • The Power and the Glory
  • Our Man in Havana
  • The Third Man
Categories
Daily Compliance News

February 13, 2021, GOAT of All Time edition

In today’s edition of Daily Compliance News:

  • The GOAT and compliance. (LinkedIn)
  • Former National Holdings CCO settles whistleblower suit. (WSJ)
  • Braskem CEO in talks to settle corruption allegations. (WSJ)
  • Feds investigating AMEX. (WSJ)
Categories
Creativity and Compliance

Creative Comms During WFH


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 Compliance Podcast Network. In this show, we visit about how and why corp compliance functions need to have more effective communications during the work from home environment. Some of the highlights include:
The Problem

  • People are disconnected – lose connection and trust
  • One of the main influences on behavior is peer pressure/group think. If you lose connection with colleagues, it’s easy to start thinking “everybody’s doing it” kind of thing.
  • It’s easy to think that leadership doesn’t care
  • They may feel invisible, i.e., no one will know about their bad behavior.
  • It’s hard to get airtime on comms channels

People are multitasking more than ever

  • There are also new risks – privacy, gifts, etc.
  • It’s sometimes harder to do the right thing. Resources are not as readily available.

Creative Comms Can Help

  • Need to find ways to increase your visibility
  • Short commercials advertising resources – doesn’t take a lot of time.
  • Provide to leaders to play prior to zoom meetings
  • Embed on intranet and newsletters
  • Embed in other departments trainings and newsletter
  • Commercial
  • Integrity Themed Talk Shows – showing your people talking about the issues and challenges…but not a talking head video
  • Needs to be interesting to stand out and needs to be interesting so others will carry the message on your behalf

Resources:
Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.
Tales from the Hotline – check out some samples.

Categories
STAKE: The Leadership Podcast

Legos, Leadership & Leveling Up


It’s not a bad idea for leadership to involve employees in hopes that they will increase their knowledge, become more invested in the work, and overall become a stronger asset for the team.   But, involvement is only half of the solution that will earn you those results you want. What leaders must do is both involve AND engage employees.  In today’s episode, were going to break down the “what, how, and why” behind involving and engaging employees. 
———- 
 If you’re looking for tangible action steps and refreshing insights to help ignite the power of your own leadership journey, sign up for my weekly leadership blog HERE. 
 If your business would benefit from higher-performing leaders, check out more information about the comprehensive leadership development training I do HERE.  
 If you want to reach out to me directly, email alyson@vanhooser.com.   
If you enjoyed this episode, will you please subscribe and leave a review? Your reviews help this show get discovered by more incredible leaders just like you. I’m obsessed with helping leaders ignite their performance results and I’d love to have you help me make an impact! Thank you so much! 
 P.S. Share and tag me on social — @AlysonVanHooser — and I’ll share your comments and big takeaways on my feed! 

Categories
This Week in FCPA

This Week in FCPA-Episode 239 – the GOAT of All Time edition


Tom Brady cements his position as the GOAT of All Time with his Super Bowl win. Jay bemoans Tompa Bay using ‘his quarterback’ to win the Super Bowl. They are also back to look at some of the top compliance articles and stories which caught their eye this week.

  1. What is the state of the CCO in 2021? Mike Volkov takes a deep dive on the Crime Corruption and Compliance. Part 1-Looking Back and Looking Forward, Part 2-Troubling Trends, Part 3-a Coming Storm?
  2. What is the intersection of compliance, culture and covid? Calvin London explores in CCI.
  3. What comes next for ABC enforcement in Brazil? Sean Hecker, Marshall Miller, and Ana Frischtak in NYU’s Compliance and Enforcement
  4. 4 steps to building out a business continuity plan. Matt Kelly in Navex Global’s Risk and Compliance Matters.
  5. SEC reverts and allows more to do investigations. Aaron Nicodemus in Compliance Week. (sub req’d)
  6. Wirecard red flags missed. Dylan Tokar interviews former Wirecard CCO/CEO in the WSJ Risk and Compliance Journal.
  7. Retrieving WhatsApp messaging for an internal investigation. Andrew Reeves and David Harris asks in the FCPA Blog.
  8. The virtual Boardroom. Andrew Lepczyk and Barton Edgerton on the Harvard Law School Forum on Corporate Goverance.
  9. On The Compliance Life, Natalia Shehadeh, CCO at ABB joins me this month. In the first episode, Natalia explained why she choose the compliance profession. Check out the Episode 1. In Episode 2, Natalia talks about her professional jouney to the CCO chair, from Capitol Hill to Big Law to corporations.
  10. New podcasts out on the Compliance Podcast Network this month. In ComTech, Valerie Charles joins Tom for an exploration of the intersection of compliance and technology. Episode 2 posted Monday, February 8 and featured Parth Chanda, the Skywalker of Compliance. In Big Brains in Compliance Tom is joined by Stephen Martin to visit with some of the top thinkers and doers in compliance. It premiers February 22. Finally Tom premiers a new video podcast (PodTube) on YouTube. The Compliance Handbook, a podcast on the nuts and bolts of compliance. In Episode 1, he is joined by Stephen Martin to talk about how to best think through a comprehensive compliance program.
  11. A new AMI podcast is out, Integrity Through Compliance. It will have AMI’s expert observations and guidance in the fields of ethics, antitrust, healthcare, government contracting, corporate governance, cybersecurity, construction, telecommunications, consumer protection and more. In the Episode 1, AMI founder Vin DiCianni visits with AMI MD Jerry Coyne the future of telehealth & home healthcare during a pandemic and beyond.
  12. On Thursday, February 25, join the “Ask an Expert FINQuiry” webinar on DOLFIN: K2 Integrity’s financial crimes compliance experts will respond to your AML/CFT, sanctions, and other financial-integrity-related questions. Information and Registration here.
  13. Compliance Week is accepting nominations for its Excellence in Compliance Award. Submit your nominee here.
  14. Join the Baker Tilly Fraud 1st Annual Fraud and Compliance Summit, Tuesday, Feb 23, 2021, to Thursday, Feb 25, 2021. Details and registration here.
  15. Interested in podcasting? Want to be a part of a Guiness World Record attempt? PodFest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Join Tom and others at Podfest Global Summit at any time during March 1-5. Best all of listeners to this podcast can attend at no charge. Register here, using promo code CPN.
  16. Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions.

Tom Fox is the Compliance Evangelist 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

February 12, 2021, Who Will Regulators Go After edition


In today’s edition of Daily Compliance News:

  • Who will regulators go after about GameStop? (WSJ)
  • MLB deadens baseballs. (WSJ)
  • Shell moves on. (NYT)
  • ABC enforcement raids home of Austrian Minister of Treasury. (FT)
Categories
EMBARGOED!

EMBARGOED! Episode 23: What Will the U.S. Do in Response to the Coup in Myanmar?

Because there is never a dull moment in the world of economic sanctions, Brian and Tim dive deep on possible U.S. responses to the military coup in Myanmar and how China looms large in that decision. Next, we discuss early signals from the Biden Administration on its approach to the Venezuela sanctions program, and we examine the potential impact of a lawsuit from Xiaomi challenging its recent designation as a Communist Chinese military company. Finally, in the Lightning Round, we briefly touch on the new U.S. approach to Yemen and spend a few minutes wondering whether the CFIUS SWAT Team is coming after us.

Subscribe! * Apple Podcasts * Spotify *  Amazon Music  * Google Podcasts * Stitcher
Questions? Contact us at podcasts@milchev.com.
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
The Rundown
5:43 Military Coup in Myanmar
35:50 A New Approach to Venezuela
50:23 Xiaomi Lawsuit
1:05:09 Lightning Round
1:05:30 Update on Yemen
1:09:55 CFIUS SWAT Team
1:20:39 Final Thoughts
***Stay sanctions free.***