On this episode of The Ethics Experts, Mary Inman joins Nick to discuss whistleblowing in the United States and around the world.
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In this episode, I visit with Susan Divers, Senior Advisor at LRN. It is part of my continuing series this year looking back over the past decade of Foreign Corrupt Practices Act enforcement and the evolution of compliance. Some of the topics we consider are:
- How the heavy emphasis on enforcement by the DOJ led to organizations investing in compliance.
- How did companies begin to evolve their compliance programs away from paper programs, written by lawyers for lawyers?
- How the first industry sweep through energy led to a pragmatic business solution to compliance throughout the energy ecosystem.
- The DOJ evolution in communicating information on its expectations on best practices compliance program.
- The change in ERM emphasis requiring each company to manage its risks.
- The use of data in compliance.
- Trends into the 2020s and beyond.
In today’s edition of Sunday Book Review:
- Marie-Antoinette: The Making of a French Queen by John Hardman
- Philip and Alexander: Kings and Conquerors by Arian Goldsworthy
- They Said No to Nixon: Republicans Who Stood Up to the President’s Abuses of Power by Michael Koncewicz
- The Viking Immigrants by L.K.Bertram
In today’s edition of Daily Compliance News:
- The FCA settlement. (Evening Standard)
- The Bank of England settlement. (BOE Press Release)
- Settlement with Hong Kong Securities and Futures Commission. (Business Insider)
- Settlement in Singapore mandatea a monitor. (StraightTimes)
In this first live recording of Everything Compliance, an abbreviated crew of Matt Kelly, Jay Rosen and Tom Fox provide their initial thoughts and questions on the Goldman Sachs 1MDB FCPA settlement.
For a preliminary look, check out Matt’s blog post Goldman Sachs Giant FCPA Deal on Radical Compliance.
As the Great Women in Compliance hosts publish their first book and Goldman Sachs settles its massive FCPA enforcement action over 1MDB, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.
1. Goldman Sachs settles FCPA enforcement action involving 1MDB. See, DOJ Press Release and Remarks of Acting Assistant Attorney General Brian Rabbitt.
2. What have we learned? Team #GWIC (Mary Shirely and Lisa Fine) publish their first book, Sending the Elevator Back Down. Annoucement on CCI.
3. What are the lessons of J&F Investments? Tom takes a deep dive in a 5-Part series on the FCPA Compliance and Ethics Blog. Part 1-Introduction, Part 2-the Bribery Scheme, Part 3-the SEC Order, Part 4-the Plea Agreement, Part 5-Final Thoughts. Mike Volkov does as well in a 4-Part series on Corruption Crime and Compliance. Part 1, Part 2, Part 3, Part 4. Tom and Matt Kelly go into the weeds on Compliance into the Weeds.
4. World Bank to put more resources into evaluating compliance programs. Joshua Ray in the FCPA Blog.
5. Do DPAs and NPAs encourage recidivism? Dylan Phillips continues the debate in the FCPA Blog.
6. Is there more corruption now in college sports? Pat Forde in SI.com.
7. What is the future of financial fraud? Jonathan Karpoff in the Harvard Law School Forum on Corporate Goverance.
8. Will FinTech be the great enabler of the next Industrial Revolution? Ingrid Vasiliu-Feltes on xpertsleague.com.
9. The Everything Compliance gang is back. In this episode, they consider what enforcement might look like under a Trump or Biden Administration. Listen here.
10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we continue our exploration of compliance for Business Ventures. Monday-Tying it all together for JVs; Tuesday-Know Your Customer; Wednesday– the Corporate Controller and Business Ventures; Thursday– Financial review of your business venture partner; Friday-Distributors as Business Venture Partners. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
11. Join Tom and Sam Silverstein for an Executive Forum on Ethics and Accountability on October 28, 2020 12-1 PM CT. Check at the agenda and register here.
12. Join Tom, Holly Sais Phillippi, Head of Americas Risk Sales, Refinitiv and Kelly M. Slavitt in a Refinitiv sponsored webinar, The Future of Due Diligence: Third-Party Risk in the Era of COVID-19, Tuesday, October 27, 1-2 PM CT. Check at the agenda and register here.
13. Check out the replay of the Navex Next 9th Annual Risk & Compliance Virtual Conference event Beyond the Moment. For more information, go here.
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.
Welcome to the only roundtable podcast in compliance. Today, we have the quartet of Jonathan Armstrong, Jay Rosen, Matt Kelly and Mike Volkov for a deep dive into four key areas of enforcement and what they might look like under a Trump or Biden Administration. We end with a veritable mélange of rants and shouts outs.
- Jonathan Armstrong looks at the fraying relationship between the UK Serious Fraud Office and US Department of Justice and where it may be heading. Armstrong rants requesting a return to British standards of decency.
- Jay Rosen looks at the transparency of the DOJ around its views on compliance programs and asks if it will continue. Jay rants the illegal GOP voter drop boxes in California.
- Matt Kelly considers the trends in FCPA enforcement and how they might continue in the next administration. Matt shouts internal auditors who have been murdered in Liberia.
- Mike Volkov considers how antitrust enforcement might move forward under a Trump or Biden Administration. Volkov shouts out to and for early voting.
- Tom Fox shouts out to his fellow residents of Harris County who smashed the 3-day early voting recording by casting 100,000 votes each of the first three days.
The members of the Everything Compliance are:
- Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
- Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
- Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
- Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
- Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com
The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.