In this episode, Tom Fox welcomes back his good friend and colleague Mike Volkov and takes a deep dive into the Asante Berko FCPA guilty verdict.
They question why Berko went to trial given the strength of the case, discuss the power of recorded statements like requests to use private email, and highlight Goldman Sachs compliance personnel as corroborating witnesses after the firm stopped the transaction and disclosed it. They conclude with compliance lessons that include rigorous deal due diligence, escalation of red flags, sampling internal communications, and monitoring attempts to move discussions off-channel.
Key highlights:
- Quick Jury Verdict
- Recordings And Emails
- Goldman Compliance Witness
- Sentencing Trial Penalty
- SEC Settlement Strategy
- Compliance Lessons Red Flags
Resources:
Berko Trial Blog Post series on FCPA Compliance and Ethics Report
Mike Volkov on LinkedIn
Tom Fox
To learn about the intersection of Sherlock Holmes and the modern compliance professional, check out Tom’s latest book, The Game is Afoot-What Sherlock Holmes Teaches About Risk, Ethics and Investigations on Amazon.com.