Tag: CCO certification

Categories
FCPA Compliance Report

Mike Huneke on The General Counsel Role in CCO Certification

In this episode, I visit Mike Huneke, a partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco.

Key areas we discuss on this podcast are:

  • What is the new CCO certification policy?
  • Why did the DOJ create the policy?
  • How has the DOJ’s thinking around recidivists evolved?
  • Reasonableness is not a factual basis.
  • Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification.
  • What is the role of the monitor going forward?

Resources

Mike Huneke on Hughes Hubbard

What is the General Counsel’s role in CEO and CCO compliance certifications? On the FCPA Blog

Categories
FCPA Compliance Report

Vin DiCianni on the Monaco Memo

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Affiliated Monitors founder Vin DiCianni to take a deep dive into the monitors and monitorship portions of the Monaco Memo. Some of the highlights include:

  1. Determination of Monitor Need.
  2. Roadmap to proa-active compliance.
  3. Timely self-disclosure as criteria for monitorship?
  4. Monitor selection criteria.
  5. Monitor review and oversight.

 Resources

Vin DiCianni on Affiliated Monitors

Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog

  1. A Jolt for Compliance
  2. Timely Self-Disclosure
  3. Corporate Compliance Programs
  4. Monitors
  5. Polite Speech

Monaco Memo

Categories
Compliance Into the Weeds

Polite Speech-A Jolt for Compliance

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we look at Assistant Attorney General Kenneth A. Polite’s recent speech at the University of Texas Law School. The speech focused on corporate and individual accountability in FCPA enforcement actions. Highlights and questions posed include:

·      What are clawbacks, and how would they work in practice?

·      Does a lack of corporate clawbacks lead to aggravating factors?

·      How much credit will a company receive by instituting clawbacks?

·      CCO certifications are here to stay.

·      How does the Polite Speech relate to the Monaco Memo?

Resources

Matt in Radical Compliance

Text of Polite Speech

Categories
GalloCast

Gallocast – Episode 3

Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the GalloCast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is a great insight on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, and insightful with a dash of the two brothers throughout. It’s like listening to the Brothers Gallo talk compliance at the dinner table. Hosted by Tom Fox, the Voice of Compliance. Topics in this episode include:

  • Deshaun Watson appeal.
  • CCO certification. What is a ‘reasonably designed’ compliance program?
  • Documentation and Exceptions.
  • How does transparency help in employee recruitment and retention?
  • Cost of not listening to internal whistleblowers. What are the total costs beyond the fine and penalty?
  • How should compliance officers think about doing business in Taiwan with the increased tensions with China?
  • Why is climate risk a compliance issue?
  • What’s upcoming for the EthicsVerse?

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

ComplianceLine

Categories
Everything Compliance

Episode 102 – the Technical Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Jay Rosen, Tom Fox, and Matt Kelly. In this episode, we discuss some technical issues which have all been thinking about. We conclude with our fan-favorite Shout Outs and Rants.

1. Matt Kelly takes a deep dive into the CCO certification issue focusing on the term ‘reasonable.’ He rants about the LIV exhibit golf tour and the insane amount of money being spent by Saudi Arabia to rehabilitate its reputation through sports.

2. Jonathan Marks explores auditing business segments and what it means for auditors and investors. He shouts out SEC Chairman Gary Gensler on the 20th anniversary of the enactment of SOX.

3. Tom Fox looks at the bribery schemes used in the Biotronik FCA action and mines them for lessons learned for the anti-corruption compliance professional. He shouts out to Vin Scully, the former play-by-play announcer for the Los Angeles Dodgers.

4. Jay Rosen explores FCA USA LLC’s fraudulent emissions criminal action. He shouts out to Celtic great Bill Russell, who died this week.

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

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –our UK colleague is an experienced data privacy/protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Compliance Into the Weeds

What is a ‘Reasonably Designed’ Compliance Program

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we explore the new requirements for CCO certification by considering what is meant by the term ‘reasonably designed’ compliance program. Highlights include:

·      What does ‘reasonably designed’ mean in practice and the eyes of the DOJ?

·      Should the DOJ articulate a standard?

·      Are CCOs certifying under greater risk?

·      What have other thought leaders opined?

·      Does this standard impact ‘effective’ compliance programs?

Resources

Matt in Radical Compliance

Categories
Compliance Into the Weeds

Unintended Consequences of CCO Certifications

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into some of the unintended consequences of CCO certifications as required by the Department of Justice.  Highlights include:

·      What happened to reasonable and proportional?

·      What about control override?

·      What is the purpose of compliance training?

·      What is effective compliance training?

·      Is compliance training complimentary to compliance training effectiveness?

Resources

Matt in Radical Compliance

Categories
Daily Compliance News

June 17, 2022 the We Did Nothing Wrong Edition


In today’s edition of Daily Compliance News:

  • More comments on CCO certification. (WSJ)
  • Guilty plea in Danske Bank money-laundering. (US News and World Reports)
  • Swiss Prosecutor finds $60MM in Credit Suisse AML payment. (BNN Bloomberg)
  • Activision investigates itself and finds senior management did nothing wrong. (WSJ)
Categories
Everything Compliance

Episode 101, the Glencore Edition


Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox and Matt Kelly. In this episode, we take up the Glencore FCPA settlement. We conclude with our fan favorite Shout Outs and Rants.

1. Karen Woody takes a deep dive into the history of Glencore, from its founding by Marc Rich in the 1980s through the allegations of bribery, corruption and market manipulation which led to the FCPA and CFTC settlements.  Woody shouts out the US National and state parks systems which provide much needed green spaces for Americans.

2. Matt Kelly takes a deep dive into CCO certification issue and what it might mean for individual CCO criminal liability going forward.  Kelly has a dual shout out and rant. He shouts out to the Boston Celtics for having the greatest NBA Finals-Game 1 comeback to win the game. He rants about the DOJ failing to post the speech by AAG Kenneth Polite where he announced the new requirement for CCO certification.

3. Jonathan Marks explores the role of internal audit in contributing to the compliance failures and what IA can do to facilitate a culture change at the company. Marks also has a dual shout out and rant. He shouts out to the Philadelphia Phillies for firing manager Joe Girardi and rants about Glencore’s Press Release about their updated compliance which he rants “says nothing”.

4. Tom Fox considers the dual monitor aspect of the resolution and the requirements of the monitorships. Fox reads out the names of the students and teachers who were killed in the recent massacre in Uvalde,  TX.

5. Jonathan Armstrong explores the settlement from the UK perspective and considers, what if any charges against individuals that the UK-Serious Fraud Office might bring. Armstrong shouts out to the Queen’s Platinum Jubilee and Sir Andy Murray for speaking out against the murder of school children. Murray is a survivor of a similar event in Scotland.

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
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       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 jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Compliance Into the Weeds

DOJ Expectations for Compliance & CCOs


Compliance into the Weeds is the only weekly podcast that 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 the recent speech by Kenneth Polite, the Assistant Attorney General for the Criminal Division. Every compliance professional needs to read his remarks in-depth as they give significant insight into what the DOJ expects in compliance programs and CCOs involved in enforcement actions. Highlights include:

  • It all starts with a risk assessment.
  • The importance of culture.
  • Continuous testing and continuous improvement.
  • The role of monitors.
  • CCO certification going forward.

Resources
Matt in Radical Compliance