Tag: compliance

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This Week in FCPA

Episode 233– the Vaccine is Here edition


As Joe Biden is formally elected President by the Electoral College and the Covid-19 vaccine arrives in spite of blunders by the Trump Administration; Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.

  1. The Good, the Bad and the Missing. Dick Cassin with his three top stories in 2020 on the FCPA Blog.
  2. Are you ready for the EU Whistleblower Directive? Cédric Dubar considers in the FCPA Blog.
  3. Using data analytics for the BOD and still satisfying the regulators. 6 CCOs opine in Compliance Week (sub req’d)
  4. What are 7 principles of ethical leadership? Yonason Goldson in CCI.
  5. Leadership failures around sexual harassment at Ft. Hood. Matt Kelly on Radical Compliance. Tom and Matt take gut-wrenching deep dive on Compliance into the Weeds, with special guest Diane St. Ives, who relates her experiences from 40 years ago.
  6. The SEC and SARs. Thomas Gorman on SEC Enforcement
  7. Congress approves new AML law. Jack Hagel in the WSJ Risk & Compliance Journal.
  8. Ephemeral messaging. Debevoise and Plimpton Data Blog.
  9. A new month is here and a new guest on The Compliance Life. Kim Yapchai, Chief Counsel – Environmental, Social & Governance at Tenneco Inc. In this week’s third episode, Kim moves into the CCO chair. Check out the episode here. Check out the full series here.
  10. My podcast with Mikhail Reider-Gordon on Wirecard was so popular we spun it out into its own series, The Wirecard Saga. Check out the latest episode, Who Watches the Watchers.
  11. On 31 Days to a More Effective Compliance Program, we consider Training and Communications. Monday, Communication through persuasion; Tuesday– Multiplying the influence of compliance; Wednesday– Communicating Across Cultural Boundaries; Thursday– Asking questions to boost your compliance program; Friday– Twitter and 360-degrees of communication. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
  12. Interested in podcasting? Find out the top trends with this replay of Tom and Megan Dougherty of One Stone Creative in their webinar on the State of Podcasting 2020. Listen to the full webinar here. Want some pointers on designing and starting a podcast, check out this great new report from Megan Dougherty, co-founder of my producing team at One Stone Creative, The State of Business Podcasts, 2020.

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.

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Everything Compliance

Episode 71 – the Year End Review Edition


Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Jonathan Marks, Matt Kelly and Mike Volkov for a deep dive into plethora of topics in this special year end review edition. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong joins us from London to detail some of the most instructive GDPR cases decided in 2020. Armstrong shouts out to Father Christmas and reminds every one of the Covid-19 danger he faces this year and asked you leave out some hand sanitizer instead of cookies.
  1. Jay Rosen asks, ‘where have all the monitors gone’? Jay rants about how the phrase “take off your mask” has become a tool of sexual harassment.
  1. Matt Kelly considers three key events from 2020 and what they all mean for the compliance professional. The Pandemic, discrimination and social justice, and the election. Matt rants about the GOP members who refuse to accept the results of the election and Electoral College.
  1. Mike Volkov looks at FCPA enforcement in 2020 in general and the Goldman Sachs enforcement action specifically. Volkov shouts out to the 48 states Attorney Generals and the FTC for filing suit against Facebook and rants about former Goldman exec Gary Cohen not agreeing to the 1MDB clawback.
  1. Jonathan Marks looks at the increase of books and records enforcement action under the FCPA Accounting Provisions which can be the basis of a SEC violation where there the actions are neither foreign nor corrupt. In a very Philadelphia shout out/rant (at the same time), Marks delineates the Eagles benching of Carson Wentz.
  1. Tom Fox gives a bittersweet shout out David Prowse who recently died. Prowse was the first actor to play Darth Vader albeit voiced by James Earl Jones. 

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 Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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This Week in FCPA

Episode 232 – the Holidays edition


As TrumpLand continues to live in fantasy and denial, going 1-55 in lawsuits while over 3000 American die daily from Covid-19; Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.

  1. The Vitol FCPA enforcement action. Tom takes a deep dive on the FCPA Compliance and Ethics Blog. Part 1, Part 2, Part 3, Part 4. Mike Volkov has a 3-part series on Corruption Crime and Compliance.
  2. Is the SEC whistleblower program too opaque? Harry Cassin considers in the FCPA Blog.
  3. AML reform and a new whistleblower law. Matt Kelly considers in Radical Compliance. Tom and Matt go into the weeds in the latest episode of Compliance into the Weeds.
  4. Is the SEC discouraging whistleblowers under Dodd-Frank. Mengui Sun explores in the WSJ Risk and Compliance Journal.
  5. Where did the Cheesecake Factory go wrong? Sara Kropft in the Grand Jury Target.
  6. 5 Compliance Triumphs from 2020? Kyle Brausser in Compliance Week. (sub req’d)
  7. GDPR compliance challenges in 2021. Steve Horvath in CCI.
  8. China-US audit showdown? Michael Rapoport reviews in The Dig.
  9. A new month is here and a new guest on The Compliance Life. Kim Yapchai, Chief Counsel – Environmental, Social & Governance at Tenneco Inc. In this week’s second episode, we take up the in-house roles In Kim held on her road towards the CCO chair. Check out the series here.
  10. My podcast with Mikhail Reider-Gordon on Wirecard was so popular we spun it out into its own series, The Wirecard Saga. Check out the latest episode, Dirty Deeds Down Under. 
  11. On 31 Days to a More Effective Compliance Program, we consider Training and Communications. Monday, Sharing to 360-degrees of communication Tuesday– Speical Guest Vin DiCianni on Compliance and the clash of cultures.Wednesday– Using 360 Degree of Compliance to Tell a Story; Thursday– Using Communications to Drive a Speak Up Culture; Friday– Using communications to foster your compliance brand. 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. Check out the a replay of London Stock Exchange event which featured Tom, Neta Meidav, CEO, Vault Platform and Maxine Gee, Chief Risk Officer – UK Capital Markets LSE on why culture drives compliance. You can view and listen to it here.
  13. Join K2 Integrity for two great events in December. On Dec. 14, they host a webinar on “Proliferation Financing: Risks, Threats, and Mitigation.” The webinar will explore critical issues around understanding and combatting the financing of WMD proliferation. https://bit.ly/2VujK1O.
  14. On December 17, DOLFIN and K2 Integrity’s financial crimes compliance experts will host their latest “Ask an Expert FINQuiry” webinar. Expect answers to questions on topics such as: the latest developments in AML/CFT, sanctions, fraud, anti-bribery and corruption, and export controls; financial integrity risks related to the global pandemic; and regionally focused financial crime risks. https://bit.ly/39zzhFP

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.

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Everything Compliance

NDAA Creates New Whistleblower Law

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, our 200th episode Matt and Tom go into the weeds to look at the new anti-money launder whistleblower law (AMLA) which is part for the updated Bank Secrecy Act legislation, included in the National Defense Authorization Act authorization of 2012 (get all that). It significantly expands whistleblower protections for those who come forward with AML or other similar allegations. Some of the issues we consider are:

·      Why has this been created for the Department of the Treasury?

·      Who will administer the whistleblower program?

·      What lessons has Congress learned about protecting whistleblowers?

·      Can a CCO be a whistleblower under this new law? How about a GC?

Resources

For more information see Mengqi Sun’s article in the WSJ Risk & Compliance:

Defense Bill Proposes Anti-Money-Laundering Whistleblower Program 

For an excellent breakdown of the legislation, see the Zuckerman Law Firm’s Whistleblower Protection Law and SEC Whistleblower Awards Blog:

Anti-Money Laundering Act Establishes Whistleblower Reward Program and Protects Whistleblowers from Retaliation

Categories
This Week in FCPA

Episode 231 – the 50 Days to Inauguration edition


As TrumpLand continues to live in fantasy and denial, we are on the 50-day countdown to the Biden Inauguration. Tom and Jay are back after the Thanksgiving holiday to look at some of the top compliance articles and stories which caught their eye this week.

  1. Are compliance certifications worth it? Jeff Kaplan thinks so and says so in the FCPA Blog.
  2. Does Zoom portend more FTC enforcement actions? Matt Kelly thinks so in Radical Compliance.
  3. More issues in domestic corruption for pharma? Mike Volkov takes a look in Corruption Crime and Compliance.
  4. Avoiding COIs during the holidays. Rick Burt in Navex Global’s Risk and Compliance Matters.
  5. Did France make U-turn on corporate liability? Lawyers from Debevoise explore in NYU’s Compliance and Enforcement Journal.
  6. Swiss begin SBM Offshore corruption investigation? Jaclyn Jaeger in Compliance Week. (sub req’d)
  7. What is the scope of the FCPA Internal Controls provisions? Lawyers from Shearman & Sterling discuss in JDSupra.
  8. How can a Board of Directors use data? James Howard in the Harvard Law School Forum on Corporate Governance.
  9. A new month is here and a new guest on The Compliance Life. Kim Yapchai, Chief Counsel – Environmental, Social & Governance at Tenneco Inc. In this week’s first episode we consider Kim’s undergraduate degree in economics and how this informed her decisions which led her down the path to the CCO chair. Check out the series here.
  10. My podcast with Mikhail Reider-Gordon on Wirecard was so popular we spun it out into its own series, The Wirecard Saga. Check out the latest episodes here.
  11. On 31 Days to a More Effective Compliance Program, we consider Training and Communications. Tuesday– Introduction to Training and Communications.Wednesday– Social media is a 360-degree communication strategy; Thursday-Using social media to innovate in compliance; Friday– the D&B experience with social media and 360 degrees of communications. 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. On Monday, join Tom, Neta Meidav, CEO, Vault Platform and Maxine Gee, Chief Risk Officer – UK Capital Markets and London Stock Exchange for a webinar on why culture drives compliance. Hosted by the London Stock Exchange. December 7 at 10 AM CT, 1600 GMT. Registration and information here.
  13. On Wednesday, interested in podcasting and the latest information on this great medium? Join Tom and Megan Dougherty, co-founder at One Stone Creative for review of One Stone Creative annual survey of all things business podcasting. December 9 at noon CT/1 PM ET. Details and registration here.
  14. On Thursday, join Tom, StoneTurn partner Stephen Martin and Stephanie Holmes, Director, Solution Consulting, Convercent for a Convercent/StoneTurn sponsored webinar on Using ECP Generated Data for Continuous Monitoring and Continuous Improvement. In this event you will learn what compliance metrics are available to you now. how you can use these metrics to inform each part of your compliance program and how to create a documented, auditable trail of compliance program improvements. It will be held on December 10, 12 noon CT. Details and registration here.
  15. Join K2 Integrity for two great events in December. On Dec. 14, they host a webinar on “Proliferation Financing: Risks, Threats, and Mitigation.” The webinar will explore critical issues around understanding and combatting the financing of WMD proliferation. https://bit.ly/2VujK1O. On December 17, DOLFIN and K2 Integrity’s financial crimes compliance experts will host their latest “Ask an Expert FINQuiry” webinar. Expect answers to questions on topics such as: the latest developments in AML/CFT, sanctions, fraud, anti-bribery and corruption, and export controls; financial integrity risks related to the global pandemic; and regionally focused financial crime risks. https://bit.ly/39zzhFP

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
Everything Compliance

Episode 69, the Biden Administration


Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Jonathan Marks, Matt Kelly and Mike Volkov for a deep dive into five key areas of law and enforcement and what they might look like under the Biden Administration. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong looks at the possibility of a fix to Privacy Shield under a Biden Administration. Armstrong shouts out to all retired trial lawyers who want to get back in the courtroom and now have Rudi Giuliani to demonstrate you are never too old to make a fool of yourself in court.
  1. Jay Rosen looks at the discontinuance of independent monitors under the Trump Administration and how this could change under the Biden Administration. Jay shouts out to our better angels to help rebuild the country after the hate and divisiveness of the Trump Administration.
  1. Matt Kelly considers the changes in enforcement, policy and focus in the SEC and other regulatory agencies under the Biden Administration. Matt shouts out to Georgia Secretary of State Brad Raffensperger who has withstood criminal actions by the Trump Administration to secure a fair vote from Georgia.
  1. Mike Volkov considers how antitrust enforcement might move forward under the Biden Administration. Volkov rants about the Trump Administration’s abandonment of the fight against Coronavirus and how its actions have caused untold more deaths.
  1. Jonathan Marks considers the increased importance of data and data analytics in compliance programs and how they will form the basis of enforcement under the Biden Administration. Marks shouts out to scientists working on the coronavirus vaccine in face of the Trump Administration’s abandonment of science and scientists for charlatans.
  1. Tom Fox gives a bittersweet shout out to Saul Turteltaub, father of our good friend Adam Turteltaub, who witnessed his beloved Los Angeles Dodgers lose in two consecutive World Series to teams that cheated and was denied seeing his Dodgers win their first pennant since 1987. Saul Turteltaub passed away last spring. 

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.

Categories
This Week in FCPA

Episode 230 – the $20,000 a Day Lawyer edition


As Rudy Giuliani charges the Trump Administration $20K a day for fantasy legal representation, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

1.     OECD finds big success in US anti-corruption efforts. Menqgi Sun in the WSJ Risk and Compliance Journal. To read the full report, click here.

2.     Clawbacks in FCPA enforcement. Dick Cassin explores in the FCPA Blog.
3.     Investor protection at the PCAOB? J. Robert Brown in the NYU Compliance and Enforcement Blog.
4.     Can lawyers be CCOs? Only if you rewire your legal brain. Nicole Di Shino in Corporate Compliance Insights.
5.     Och-Ziff pays cheated investors (finally). Dylan Tokar in the WSJ Risk and Compliance Journal.
6.     The scrourge of human trafficking. Mike Volkov takes a 2-part look in Corruption Crime and Compliance. Part 1. Part 2.
7.     Getting rid of corruption enablers. Rick Messick in GAB.
8.     Corporate governance under the Biden Adminisration. Michael Peregrine in the D&O Diary.
9.     Katie Smith is back with Part 3 of her four episode month on The Compliance Life. This week’s episode is knowing when its time to go.
10.  Interested in sports, the Boston Celtics or leadership. Check out my podcast with Compliance Week Editor in Chief, Dave Lefort with our reflections of Tommy Heinsohn.
11.  On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we into compliance in the 2020s and beyond.  Monday-innovation through KPIs; Tuesday-Compliance at the table; Wednesday– Consistency as a Compliance best practice; Thursday– creating an inventory of metrics; Friday– Leveraging AI in Complinace Investigations. 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 K2 Integrity MD Anna Gumowska and Director Shannon Rainey as they discuss investigative due diligence to help uncover areas of risk and opportunity in the acquisition context. Webinar will be Wednesday, December 2 at 1600 GMT, 10 AM CT, 11 AM ET. Registration and details are available 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
This Week in FCPA

Episode 229 – the President-Elect Biden edition


As President-Elect Biden begins the long struggle of transition with the temper-tamper throwing Trump Administration, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

  1. Mike Volkov revisits the Herbalife FCPA settlement. On Corruption Crime and Compliance.
  2. Did culture shock contribute to the severity of the Beam Suntory FCPA enforcement action. Dick Cassin explores in the FCPA Blog.
  3. What might compliance look like under a Biden Administration? Matt Kelly considers in Radical Compliance. Tom and Matt take a deep dive in Compliance into the Weeds.
  4. COSO says risk and compliance need to be more aligned. Jack Hagel in the WSJ Risk and Compliance Journal.
  5. CCOs and personal liability. Jonathan Marks in Board and Fraud.
  6. Are companies undervaluing their potential FCPA exposures? Bill Steinmann considers in the FCPA Blog.
  7. Proseucuting Trump. Rick Messick in GAB.
  8. The uncertainty and risk of doing business with Chinese companies. Dick Cassin reivews in the FCPA Blog.
  9. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we continue our exploration of compliance for Business Ventures.  Monday-the future of compliance training; Tuesday-Compliance Practitioners skills; Wednesday– Compliance Profession Talents; Thursday– data as compliance advantage; Friday– Connected Compliance. 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.
  10. Join K2 Integrity (formerly K2 Intelligence FIN) for a November 18 webinar, on combatting the financing of terrorism in the domestic context. Learn more and register here.
  11. Next week, join the Internation Federation of Compliance Institutes for its first International Congress. November 16 to 20, registration and information here. Join myself ECI’s Pat Harned and a host of others at this great event.

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.

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Daily Compliance News

November 13, 2020-Friday, the 13th edition


In today’s edition of Daily Compliance News:

  • COSO wants better alignment of compliance and risk departments. (WSJ)
  • Pfiser’s covid vaccine distribution plan—was compliance consulted. (NYT)
  • Tighter Wall Street scrutiny coming? (WaPo)
  • Top ANC official arrested for corruption. (Aljazeera)
Categories
Compliance Into the Weeds

Compliance Under the Biden Administration


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 and Tom go into the weeds to look at issues relevant to the next administration. Some of the issues we consider are:

  • What are some of the key appointments to follow?
  • Where will FCPA enforcement go?
  • Will use of monitors increase?
  • How might the tone of SEC initiative and enforcement change under the Biden Administration?
  • There has been increased scrutiny by the OCC and Fed on financial institutions compliance program. Will it continue?
  • The Trump Administration attacks on Diversity and Inclusion training will end.

 Resources
See Matt’s blog posts on Radical Compliance– The Biden Administration and Compliance