Categories
This Week in FCPA

Episode 218 – the Bags of Cash edition

Tom and Jay brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week.

  1. World Acceptance bribed with bags of cash. Mike Volkov in Crime Corruption & Compliance.
  2. Implications from the end of Privacy Shield. Lawyers from Debevoise & Plimpton in NYU’s Compliance and Enforcement blog.
  3. NRA shoots itself in foot over non-compliance? Kyle Brausser in Compliance Week. (sub req’d)
  4. Using lessons learned. Jeff Kaplan and Rebecca Walker in CCI.
  5. Dick Cassin asks ‘are agents ever legal under the FCPA?’ in the FCPA Blog.
  6. Applying 2020 Updates to anti-trust compliance. Matt Kelly writing in Navex Global’s Ethics and Compliance Matters.
  7. What is a metric’s inventory and why do you need one? Tom explains in the FCPA Complaince and Ethics Blog.
  8. Follow on corruption litigation is expensive. Kevin LaCroix in the D&O Diary.
  9. This month on The Compliance Life, I am joined by Louis Sapirman. In Part 1, we looked at Louis personal and professional journey into compliance. In this week’s Part 2, we discussed the qualities of a successful CCO.
  10. On Compliance and Coronavirus this week, we had John Fanning discusses the increased need for due diligence during Covid-19, Andy Goldstrom on compliance adaptations during Covid; and Jed Gardner on business as usual.
  11. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on the role of the Board in compliance. This week saw the following offerings: Monday-BOD’s inquiring up and down; Tuesday– the BOD’s role in internal controls; Wednesday-BOD as an internal control; Thursday– BOD governance and risk oversight; and Friday-what is your Board’s investigative protocol. The month of August is being sponsored by Affiliated Monitors. 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.
  12. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register 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.

Categories
Daily Compliance News

August 14, 2020-the Will Danny Sell edition


In today’s edition of Daily Compliance News:

  • Marketers begin to scrutinize beyond Facebook. (WSJ)
  • Can Dan Snyder be forced to sell? (WSJ)
  • US try again to seize Iranian vessels on high seas. (WSJ)
  • Hunt for ex-Wirecard COO goes public. (WSJ)
Categories
Nexdigm

Global Anti Bribery and Corruption – Episode 15: Tomislav Sunjka


Tomislav Sunjka Founder ŠunjkaLaw shares his perspectives on need for enhanced #DueDiligence, #governance for #accounting & #auditing and consequences of non-compliance with Sundaraparipurnan Narayanan. Hear more at https://lnkd.in/gGA8TCG #NexdigmOnABAC #NexdigmABAC

Nexdigm · Sundar N. – Director, Forensics – Nexdigm speaks with Tomislav Šunjka, Founder – ŠunjkaLaw
Categories
Innovation in Compliance

A Conversation with Convercent and StoneTurn: Asha Palmer on Corporate Culture

Welcome to a special five-part podcast series, A Conversation with Convercent and StoneTurn: From the Code of Conduct to Risk Assessment to Continuous Improvement. This week’s podcast series is jointly sponsored by Convercent and StoneTurn. Over the course of the series we are exploring the impacts on corporate compliance programs from the recently released 2020 Update to the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (2020 Update). We focus on investigations, data analytics, evaluating compliance programs, internal reporting and corporate culture. Participants in this podcast series include: Asha Palmer, Convercent Chief Ethics and Compliance Officer (CECO) and Executive Vice President (EVP) of CONVERGE; Rex Homme, Michele Edwards, and Stephen Martin, all Partners at StoneTurn. In this fourth episode, we take a deep dive with Palmer into corporate culture.

Join us tomorrow, as Stephen Martin, Partner at StoneTurn discusses evaluating compliance programs.
Resources
For more information on StoneTurn, check out their website, here.
For more information on Convercent, check out their website, here.
To download a copy of the Convercent Interactive Self-Assessment based on the 2020 Update to the Evaluation of Corporate Compliance Programs, click here.

Categories
Compliance and Coronavirus

Andy Goldstrom on Pivoting Compliance into the New Normal


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I have back Andy Goldstrom, founder of Midcourse Advisors. Andy is a  two-time Inc 500 executive and his team help companies grow profitably and do it fast. On a previous episode, he called about business adaptation in the time of Coronavirus. He rejoins me to focus on what a corporate compliance function can do in the New Normal of Covid-19.
Some of the highlights include:

  • What does corporate governance look like in the time of Covid-19?
  • How can a compliance function focus on consistently ethical behavior?
  • How can compliance be done at the speed of business?
  • What is the New Normal in the age of Coronavirus?

For more information on Andy Goldstrom or Midcourse Advisors, click here.
Check out Exchanges at Goldman Sachs podcast here.

Categories
12 O’Clock High-a podcast on business leadership

Doris Kearns Goodwin MasterClass on Leadership, with special guest Nick Gallo


Richard Lummis is on assignment this week so I am pleased to host Nick Gallo, co-CEO of ComplianceLine for a special episode. In this episode Nick and I take a deep dive into Doris Kearns Goodwin’s class Doris Kearns Goodwin Teaches U.S. Presidential History and Leadership, where Pulitzer Prize–winning biographer Doris Kearns Goodwin teaches you how to develop the leadership qualities of exceptional American presidents. In her class, Goodwin shares how some of the greatest presidents have made consequential decisions and how we can use their approach in our own lives. She also talks about how to heal divisions and build consensus. MasterClass is an immersive online experience that offers access to genius by allowing anyone to take online classes with the world’s best leaders, instructors and commentators. MasterClass produces the courses directly with the instructors to capture exactly what the masters want to teach. I highly recommend their classes as a great learning tool.
Some of the highlights include:

  • Who is Doris Kearns Goodwin?
  • What is MasterClass?
  • Are great leaders born or made?
  • Great leaders have the ability to not just react but embrace the unexpected.
  • Making decisions and managing in a crisis.

Resources 
To find out more about MasterClass online learning, click here.
For more information on Doris Kearns Goodwin’s class Doris Kearns Goodwin Teaches U.S. Presidential History and Leadership, click here.
For more information on ComplianceLine, click here.

Categories
Daily Compliance News

August 13, 2020-the Office of Anti-Corruption edition


In today’s edition of Daily Compliance News:

  • Former Pinterest No. 2 sues for discrimination. (NYT)
  • Prosecutors in Mexico open investigation into former President. (com)
  • Tipster in Varsity Blues gets one year in prison. (WSJ)
  • City of LA approves Office of Anti-Corruption for city government. (Patch.com)
Categories
FCPA Compliance Report

Mikhail Reider-Gordon on AML and Wirecard, Part 1

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we continue our multipart series on the Wirecard accounting fraud. Today, we begin a two-part exploration of the role of money-laundering in the Wirecard saga.

Some of the highlights include:

·       How money laundering works?

·       What is threat finance?

·       Other examples of German corporate fraud?

·       Why 2006 was such an important year in anti-money laundering?

·       How Wirecard made money through money laundering.

·       The risk related business model used by Wirecard.

Categories
Compliance Into the Weeds

Wells WAC-O Spending


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. In this episode Matt Kelly and Tom Fox consider the $20+ billion spend by Wells Fargo for its various regulatory fines and penalties, investigative and remediation costs since the initial announcement of its fraudulent accounts scandal back in 2016.
Some of the highlights include:

  • How can you spend over $1bn on compliance remediation in one quarter?
  • Just how bad was the Wells Fargo culture?
  • Can the bank ever get it right?
  • How much is a functioning corporate culture worth? 

Resources
See Matt’s blog post, Wells Fargo’s Staggering Compliance Costs on Radical Compliance.

Categories
The Affiliated Monitors Expert Podcast

DiCianni’s Idea


In this episode, I visit with Vin DiCianni, CEO and founder of Affiliated Monitors, Inc. (AMI) about his idea which led to the founding of AMI. DiCianni discusses how he developed the idea which led to the founding AMI. DiCianni began formulating the idea of an independent monitor when he observed a series of corporate punishments which he believed did not fit the crime. As a white-collar defense lawyer in the 1990s, DiCianni saw that there was only two ways a state regulator could go if someone was convicted of a transgression such as billing mistakes or similar regulatory violations. The licensed professional would either be convicted and have their state license suspended or revoked or there would be no prosecution. DiCianni viewed this as “a death sentence” for a licensed professional. He added, “It just seemed wrong to me, but there was nothing that was out there. For about seven, eight years, this idea just percolated in my head about doing something to create these alternative sanctions, if you will, on the probationary side of things. So that a doctor or the practitioner could get better.”
From this point, DiCianni was able to convince some state regulators in Massachusetts to try this third way of having an independent monitor step in and assess whether a professional, who had run afoul of a regulatory scheme, could be rehabilitated via a probationary structure. He then I reached out to a number of folks in the Boston area. Some of them were regulators, some were attorneys who represented folks before the state boards, some were acting state attorneys general and some were in business. With this idea coming to fruition, the next step for DiCianni was to create a business organization to fill this niche.
For more information on Affiliated Monitors, check out their website at www.affiliatedmonitors.com.