Tag: compliance

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FCPA Compliance Report

FCPA Compliance Report-Episode 437, Kelly Leonard on The Second City Works and Compliance

In this episode of the FCPA Compliance Report, I visit Kelly Leonard, Executive Director, Insights and Applied Improvisation at The Second City Works. We discuss the compliance training which The Second City Works has developed and how they have incorporated storytelling into compliance training and communications.
Some of the highlights include:
  1. Most folks are familiar with Second City but what is Second City Works?
  2. What are the service offerings of Second City Works?
  3. What is the Second Science Project and how does it inform your service offerings?
  4. Why is storytelling so important in training and ongoing communications?
  5. The book “Yes, And: How Improvisation Reverses “No, But” Thinking and Improves Creativity and Collaboration–Lessons from The Second City”.
  6. How do you mentor Millennials but sidestep the drama?
  7. As a company scales up or grows how can it keep its lines of communications open?
  8. Where can listeners go for more information?
You can find more information on The Second City Works by checking out their website, here.
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Daily Compliance News

Daily Compliance News: July 13, 2019, the Facebook fined edition

In today’s edition of Daily Compliance News:

  • FTC proposes a $5 bn fine for Facebook. (NYT)
  • Epstein developments-(1) Feds allege witness tampering (NYT); (2) Acosta resigns. (WSJ)
  • Deutsche Bank pays $175MM to settle bribery allegations. (FT)
  • Head of Vatican’s Sistene Chapel choir resigns amid fraud allegations. (Reuters)
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This Week in FCPA

This Week in FCPA-Episode 162 – the Halfway to ‘Take it Back’ edition

The All-Star Game has come and gone and the Astros are halfway back to returning the World Series trophy to Houston.  As Tom and Jay look forward to the second half of the baseball season,  they are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    GDPR week.
2.    Why do FCPA resolutions take so long? Matthew Stephenson considers through the lens of the Walmart FCPA enforcement action.
3.    What is suspension and debarment? Jay Rosen explains in Part 1 of a five-part series.
4.    The FBI is actively investigating in Latin America. Matt Ellis reports.
5.    What finance can learn about compliance from recent corporate scandals.
6.    Deutsche Bank now under scrutiny for its role in 1 MDB scandal. Dylan Toklar continues to nail.
7.    What is data maintenance and why is it so critical to compliance?
8.    CCOs and D&O coverage. Julie DeMauro and Janaya Moscony.
9.    Caremark is alive and well, at least when it comes to ice cream.
10. Have you checked in on Trekkng Through Compliance? If not sample of this week’s exploration of Star Trek-the Original Series and compliance. Check out the following: Monday-Metamorphosis; Tuesday-Journey to Babel; Wednesday-Friday’s Child; Thursday-The Deadly Years; and Friday-Obsession. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights,  Compliance Podcast Networkand now on the C-Suite Radio Network.
11. Tom and Jonathan Marks are joining Sean Freidlin (back from his honeymoon) on a Hanzo webinar on Wednesday, July 17 at 2 PM EDT. We discuss compliance research, trend and key enforcement actions from Q2. The event is free. For more information and registration details, click 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.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.
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Popcorn and Compliance

Toy Story 4

In this podcast series, recovering screenwriter (and Mr. Monitor) Jay Rosen and Tom (the Compliance Evangelist) indulge in passion for the movies by looking at them through the lens of compliance. Jay is a contemporary movie fan and I am more of a classic movie maven so we present a well-rounded view of the movie fandom. If you want to indulge in your love for the movies with two guys who are passionate about Hollywood and get some ideas for your compliance program, this is the podcast series for you.For this  offering, we consider the recently released Toy Story 4.
Some of the highlights include:

  • Why did this movie seem to come from a place of revenue generation over emotion?
  • Where was the heart of the movie?
  • Why did the entire movie seem so contrived?
  • Lack of minor characters playing much of any role.
  • The introduction of ‘Forky’ and does this character work?
  • Jay gives the Inside Hollywood story of the production.
  • Jay gives the movie not only a half-full bucket of popcorn but a stale half-bucket as well. Tom joins with a half-bucket of popcorn as well but goes with fresh popcorn. Both were very disappointed in the film.

Some of the Compliance takeaways:

  1. How do you onboard new employees around compliance and ethics?
  2. What is your investigative protocol?
  3. Get out of the office and into the field.
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This Week in FCPA

This Week in FCPA-Episode 161 – Happy July 4th Weekend

Tom is back from Keynoting at the Le Circle De La Compliance in Paris. After the July 4thcelebrations he and Jay are back with a host of news from the world of compliance and ethics.  They are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. More Walmart. Dylan Tokar on the attorney/client waiver issue which arose during the case and what it may mean for the issue going forward. How and why was the Walmart monitorship issue decided.
  2. How can subcultures work to poison a corporate culture.
  3. What is the significance of the TechnipFMC Deferred Prosecution Agreement?
  4. SFO agrees to DPA (subject to court approval) with SERCO.
  5. France moving towards more DPAs.
  6. CFTC awards whistleblowers $2MM.
  7. Why is ‘too good to be true’ still a correct maxim?
  8. First sitting compliance officer nominated to federal bench.
  9. Under CCPA is the biggest risk privacy or cyber security?
  10. Have you checked in on Trekkng Through Compliance? If not sample of this week’s exploration of Star Trek-the Original Series and compliance. Check out the following: Monday-Who Mourns for Adonais?; Tuesday-The Changeling; Wednesday-Mirror Mirror; Thursday-The Appleand Compliance; and Friday-The Doomsday Machine.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights,  Compliance Podcast Networkand now on the C-Suite Radio Network.

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.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

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Compliance Man Chooses the Target

Compliance Risks in Russia

Welcome to Episode 5 of Compliance Man Chooses the Target with Tim Khasanov-Batirov.My goal is to highlight matters that should be on agenda of practitioners that deploy compliance programs in industries or countries of active FCPA enforcement. In each episode, I target three specific matters that you might like to address in the course of implementation of your compliance program. Today we will focus on compliance risks in Russia.
Target #1: Compliance Program.
Russia is number six in FCPA countdown of all times. In practice it means that, this jurisdiction should get your special attention in the course of deploying corporate compliance program. Your company could face risks in many business areas. What would be the best way to find out if you are on the safe side?  I suggest you to do assessment of the corporate compliance program in Russia based on the DOJ’s guidance called Evaluation of Corporate Compliance Programs.  The most effective way to do this exercise would be engagement of the outside counsel. While this tip might look obvious, I want to specifically mention the test, which should be addressed in order to get a full picture:

  • The international team from counsel side should consist of both US lawyers who have practical experience in FCPA matter along with Russian attorneys who would be able to tailor the US recommendations in accordance with Russian legislation.

I elaborate on importance of this test when we discuss the Target #3.
Target #2: Risk Assessment & Risk Appetite.
The vital part of your efforts on global arena is FCPA risk assessment. There is no chance that any company would be able to spend millions of dollars spreading compliance resources on unnecessary or minor issues.
In the very same time on practice, I have seen that sometimes company were not clear on particular risks they were trying to mitigate. In plain language, they were just wasting compliance resources by doing something for the sake of doing something. To be effective on a high-risk market you should define priorities, the most risky areas that you would like to address. As a second step, the company should define the risk appetite, or so to say, the internal standard on risk acceptance, that company agrees to take.
Target #3: Legislation.
While deploying international antibribery standards in the branch of your organization in Moscow do not ignore local laws.  The reasons are the following:

  • Sometimes Russian anticorruption legislation might contain provisions that in some instances are more restrictive than FCPA (for example, local requirement in certain cases to notify the former employer of your newly hired ex-governmental official);
  • Certain FCPA principles might collude local laws (for example, due diligence of your business partner should be construed not to breach Russian antitrust legislation);
  • Some pieces of legislation should be reviewed carefully prior to deployment of the compliance instruments (for example, Russian data privacy laws should be analyzed prior to launch of whistleblower line).

Join us for the next episode of Compliance Man Chooses the Target with Tim Khasanov-Batirov. 
Learn more compliance tips from Tim Khasanov-Batirov at:
http://complianceinpostussr.com/&http://complianceinpostussr.com/blog/

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This Week in FCPA

This Week in FCPA-Episode 160, the 6 Months to the Holidays edition

Tom and Jay are on opposite coasts yet again. But they are back together to consider Walmart, TechnipFMC and a host of other news from the world of compliance and ethics.  They are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Last week Walmart, this week TechnipFMC. Harry Cassin breaks it down in the FCPA Blog. Dylan Tokar in the WSJ Risk & Compliance Journal.
  2. The pundits weigh on Walmart. Tom has a four part series (Part 1, Part 2, Part 3, Part 4) Mike Volkov has a 3-part series (Part 1, Part 2, Part 3) Matt Kelly says it’s the end of an era in Radical Compliance.
  3. How did Walmart’s $900+ in presettlement expenditures impact its final penalty? Dylan Tokar explores in the WSJ Risk & Compliance Journal.
  4. Mike Lynch takes the stand in London, says Meg Whitman wasn’t up to the job. Richard Crump reports in Law360.
  5. After FBI skewered DOJ gets conviction in Boston FCPA sting trial. Department of Justice Press Release.
  6. Internal control airball in Sacramento? Matt Kelly explores in Radical Compliance.
  7. What is the state of cyber security in mid-2019? Jonathan Rusch explores on Dipping Through Geometries.
  8. Does the EU whistleblower initiative enhance corporate culture? Pauline Blondet in CCI.
  9. Can regulators leverage monitors? Jay Rosen explores on CCI.
  10. Tom has a special 5-part podcast series this week, looking the current state of compliance with Terry Orr, MD of Kroll, who was the sponsor of the series. Check out the following: Part 1-Orr’s Journey to compliance; Part 2-significant FCPA enforcement actions; Part 3– the new DOJ Guidance; Part 4-Private Equity and Compliance; and Part 5-new challenges in healthcare compliance.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights,  Compliance Podcast Networkand now on the C-Suite Radio Network.
  11. AP Capaldo-Aoun and Marcia Narine Weldon join the Compliance Podcast Network with their new podcast Integrity Factor. Check them out here.
  12. Tom and Hanzo combine for a new eBook THE 2019 GUIDE TO INTERNAL INVESTIGATIONS FOR COMPLIANCE – An eBook on Planning, Protocols, Data Collection, Triage, and Remediation. It’s available for download at no charge 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.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

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Trekking Through Compliance

Trekking Through Compliance-Episode 26-The Alternative Factor

In this episode of Trekking Through Compliance, we consider the episode The Alternative Factor which aired on March 23, 1967, Star Date 3087.6.
Compliance Takeaways:

  1. How do you triage a whistleblower compliant?
  2. When expanding into new markets scale up your compliance program.
  3. What is the role of gatekeepers?
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Trekking Through Compliance

Trekking Through Compliance-Episode 25-Errand of Mercy

In this episode of Trekking Through Compliance, we consider the episode Errand of Mercy which aired on March 16, 1967, Star Date 3194.8.
Compliance Takeaways:

  1. In an investigation, trust but verify.
  2. If your subsidiary’s financial statements are too complicated to decipher, you have a problem.
  3. Do you know how far down your TPIs extend?
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Trekking Through Compliance

Trekking Through Compliance-Episode 24-Devil in the Dark

In this episode of Trekking Through Compliance, we consider the episode Devil in the Dark which aired on March 9, 1967, Star Date 3196.1.
Compliance Takeaways:

  1. What is your root cause analysis?
  2. Have you analyzed your internal controls from the compliance perspective?
  3. Simply because something is different doesn’t means its wrong or illegal. Is there a business justification?