Tag: compliance

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This Week in FCPA

This Week in FCPA-Episode 157 – We’re on iTunes edition

As the enjoy the Astros continue their decimation of their AL West opponents and the lads celebrate finally getting their own iTunes show, they return to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    Complexity and compliance, how do you deal with this in your compliance program?
2.    The SEC gives two whistleblowers a premium for reporting internally before disclosing to regulators.
3.    Wither CITGO? Tom predicts things will go downhill quickly in a FCPA kind of way.The next day the government announces a subpoena to CITGO for potential FCPA violations.
4.     The Malaysian Anti-Corruption Commission on extending the commitment of management to do business in compliance and ethically.
5.     Managing Anticorruption Compliance Under the EU’s General Data Protection Regulation. An article by Ruta Mrazauskaite.
6.     Is Exxon evil? Jaclyn Jaeger thinks so and explains why in an Op-Ed.
7.    Mike Volvok follows his 3-part series on auditing your investigative protocol with a 4-part series on a sanctions compliance program.
8.    Why is compliance is critical in the daily changing Trump trade wars against everyone. Paul Ziobro reports on FedEx.
9.    Why a ‘necessary evil’ does not constitute effective compliance. Mary Bennett explains.
10. ESG Screening Underscores Challenges in Third-Party Risk Management. Brian Alster considers.
11. This week Tom had a special 5-part podcast series sponsored by AMI on the new Justice 2019 Guidance featuring Eric Feldman. Check out the following: Part 1-Introduction;Part 2-Well-designed;Part 3– Effectively Implemented; Part 4-Working in Practice; Part 5-Final Thoughts.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Networkjoins C-Suite Radio.
12.  Join Tom in Boston for his industry leading Compliance Master Class on June 11 & 12. Listeners who attend will receive a complimentary copy of The Compliance Handbook. Registration and Information is here. Join Tom, Eric Feldman, Vin DiCianni and Jay at the AMI Roundtable in Boston on June 13 for a deep dive into the DOJ’s new Evaluation of Corporate Compliance Programs-2019 Guidance. Information and registration is 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.
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Daily Compliance News

Daily Compliance News: June 5, 2019-the SFO lives edition

In today’s edition of Daily Compliance News:

  • KPMG Director accused of bullying steps down?(FT)
  • The SFO fines F.H. Bertling Ltd. £850,000 for role in Angola bribery. (WSJ)
  • SEC files charges against unregistered $100 million crypto token offering.(MarketWatch)
  • SEC issues joint whistleblower award. (FCPA Blog)
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Compliance Into the Weeds

Compliance into the Weeds: Episode 126-Compliance and Complexity

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 (the coolest guy in compliance) and I go into the weeds to explore how the complexity of modern-day corporations can lead to catastrophic failures such as the two crashes of the Boeing 737 Max.
Some of the highlights include:

  • Our podcast today was based upon two blog posts we both wrote this week based upon the NYT article The Late Change, and Fatal Flaws in Boeing’s Plane.
  • Why and how can complexity lead to catastrophic failre?
  • The modern corporation is very siloed. How does this contribute to risk?
  • Why every compliance professional should read the NYT article.
  • How should you think about systemic risk in your organization’s ecosystem?
  • How does the COSO 2013 Internal Controls Framework consider the issue of communication across an organization?

In addition to the great NYT piece check out the following resources:
Matt’s blog post-Another Lesson from Boeing-Silos
Tom’s blog post-Boeing and More Compliance Lessons

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This Week in FCPA

This Week in FCPA-Episode 156 – the Farewell to May edition

As the lads wish a fond farewell to May, enjoy the Astros still leading the MLB with the best record and looking forward to the start of summer, they return to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Dave Lefort’s Top 10 takeaways from Compliance Week 2019. (sub req’d) Tom, Mary Shirley, Lisa Fine and Amii Bernard-Bahn provide their reflections on a cross-posted podcast.
  2. Why ethics matters at the top.
  3. Can UNCAC help Mozambique recover funds stolen through corruption? Rick Messick explores.
  4. What is cooperation and remediation? Matt Kelly explores.
  5. Why is pre-acquistion DD from the compliance perspective now critical in France? Antoine F. Kirry, Frederick T. Davis, and Alexandre Bisch discuss.
  6. How much does a monitorship cost? Jay continues his multipart series on monitorships .
  7. How do you audit your investigative protocol? Mike Volkov explains in a 3-part series on his blog site Corruption, Crime and Compliance.
  8. Why is visibility key for compliance? Elsa Chan explores.
  9. CITGO now part of PdVSA/Venezuelan corruption scandal. Dick Cassin reports. Marissa Luck.
  10. Is there a legal duty to set the right ‘tone at the top?”
  11. This week Tom had a special 5-part podcast series sponsored by Hanzo on using AI and data analytics in compliance investigations. Check out the following: Part 1-Current State of Investigations; Part 2-Using AI and Web-Based Evidence; Part 3– Overcoming Investigative Challenges; Part 4-Improving Investigative Efficiencies; Part 5-Where are investigations headed? The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Networkjoins C-Suite Radio.
  12. Join Tom in Boston for industry leading Compliance Master Class at the offices on AMI on June 11 & 12. Listeners who attend will receive a complimentary copy of The Compliance Handbook. Registration and Information is here. Join Tom, Eric Feldman, Vin DiCianni and Jay at the AMI Roundtable in Boston on June 13 for a deep dive into the DOJ’s new Evaluation of Corporate Compliance Programs-2019 Guidance. Information and registration is 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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Daily Compliance News

Daily Compliance News: May 28, 2019-the Memorial Day edition

In today’s edition of Daily Compliance News:

  • Head of Romanian Social Democrats Party jailed for corruption. (BBC)
  • Does compliance need to review corp ads? (WSJ)
  • Can you avoid sanctions by ousting Maduro? (WSJ)
  • First civil opioid trial slated to begin. (NYT)
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This Week in FCPA

This Week in FCPA-Episode 155 – the Memorial Day edition

Highlights include:

  1. Have you checked out the new OFAC compliance program? If not see Mike Volkov’s 5-part series on Corruption, Crime and Compliance. (Part 1, Part 2, Part 3, Part 4) For those who prefer the podcast format, you can list to his podcast on the topic here.
  2. Hui Chen and Pam Davis weigh in on the 2019 DOF FCPA Guidance. In Bloomberg.
  3. Noose tighten around Credit Suisse and Privinvest in Mozambique tuna boat scandal? Rick Messick explores in Global Anti-Corruption
  4. What are the compliance lessons from a messy and very public food fight? Matt Kelly explores in two postings on Radical Compliance. (hereand here)
  5. How does scape-goating come into play in cross-border anti-corruption enforcement? Laurent Cohen-Tanugi discusses on NYU’s Compliance and Enforcement Blog.
  6. Jay continues his exploration of using a monitor, in his Corporate Compliance Insights
  7. What do dawn raids have in common with fires (at least in the UK)? Barry Vitou explores on com.
  8. Is Equifax about to settle for its massive data breach? Jon Rusch explores on Dipping Through Geometries.
  9. Why should compliance training start with a smile? Ronnie Feldman explains on Corporate Compliance Insights.
  10. What are the compliance lessons for hospitality around major sporting events? Tom explores in a white paper on Corporate Compliance Insights.
  11. This week Tom had a special 5-part podcast series sponsored by Assent Compliance on the issue of maintaining market access. Check out the following: Part 1-Introduction to Market Access; Part 2-Trade Compliance; Part 3– Continuous Monitoring; Part 4-FARs and flow downs; Part 5-Chemical and Product Compliance. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Network
  12. Join Tom in Boston for industry leading Compliance Master Class at the offices on AMI on June 11 & 12. Listeners who attend will receive a complimentary copy of The Compliance Handbook. Registration and Information is here. Join Tom, Eric Feldman, Vin DiCianni and Jay at the AMI Roundtable in Boston on June 13 for a deep dive into the DOJ’s new Evaluation of Corporate Compliance Programs-2019 Guidance. Information and registration is 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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Great Women in Compliance

Episode 19-Stacey Hanna on Evolving with Compliance

On this episode of Great Women in Compliance, Lisa Fine speaks with Stacey Hanna, General Counsel, Ethics & Compliance at Lonza, which is an  integrated solutions provider in the areas of pharma and biotech, and is headquartered in Switzerland. While Stacey started as an attorney, she was in the mergers and acquisition world, and how this influences her approach to ethics and compliance.  She discusses the evolution of her organization’s compliance program and how she works to promote business growth, discussing some real-life examples and strategies to build relationships as a compliance officer. Stacey also discusses evolution in other areas, including work and life complimenting one another and in the compliance space as a whole.
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Daily Compliance News

Daily Compliance News: May 11, 2019-the what is data security edition

In today’s edition of Daily Compliance News:

  • What is data security? Ask Jonathan Armstrong. (Financial Times)
  • Uber tanks at IPO opening. What did compliance have to do with it? (WSJ)
  • SEC Thursday fined Telefônica Brasil S.A. $4.125MM for World Cup tickets. (FCPABlog)
  • What to do when the boss tells you to lie to the feds? Ask Don McGahn. (New York Times)
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Everything Compliance

Everything Compliance-Episode 46, the 2019 Compliance Guidance

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and our newest colleague, Sarah Hadden. We take on one topic which the panelist explores from their expertise. The topic is the Justice Department’s Evaluation of Corporate Compliance Programs-2019 Guidance which was recently released.

  1. Sarah Hadden puts on her journalist hat to consider the 2019 Guidance in the context of transparency by DOJ in releasing this information critical for compliance going forward. Sarah rants on all those in the Everything Compliance gang who attended the ECI Impact 2019 conference in her hometown of Dallas and did not reach out to connect with her. (And we know who we are)
  1. Matt Kelly considers some different questions such as: Is there anything new? Does it mean any difference in practice? Is it simply a way to wipe out one of the core legacies of Hui Chen? Matt rants on the Trump Administration which said only a couple of weeks ago said it was cracking down on Agency and Department Guidance and literally turns around and issues the 2019 Guidance. Which is it guys?
  1. Jay Rosen discuss the original Benczkowski Memo as a precursor to the new 2019 Guidance and how the Benczkowski Memo lays out a roadmap to avoid a monitor by using pro-active assessments. Jay shouts out to the Boston Red Sox for reaching .500. (Matt chastises Jay for now jinxing the Sox)
  1. Mike Volkov discusses how the Justice Department is using the state of compliance programs not only at time of violation but also at time of conclusion to reward companies with lower penalties. Mike shouts out to both Brian Benczkowski/DOJ for this new FCPA Compliance Guidance and the Department of Treasury for OFAC guidance around money-laundering and trade sanctions compliance programs.
  1. Jonathan Armstrong compares and contrasts the 2019 Guidance document with the information released by SFO on compliance programs. He then considers what a ‘good’ compliance program looks like in his search for a ‘good’ recipe for the perfect Tikka Masala. He rants about the first UK data privacy regulatory action under GDPR, where the UK data protection agency sanctioned the UK government for violation of GDPR.

The members of the Everything Compliance panelist are:

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.

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Daily Compliance News

Daily Compliance News: May 6, 2019-the Diamonds are Forever edition

In today’s edition of Daily Compliance News: