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 1Part 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.

Categories
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 ComplianceThe Biden Administration and Compliance

Categories
This Week in FCPA

Episode 228, week ending October 30, 2020 – the Countdown to Nov. 3 edition


As the whole world counts down to the US election, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

1.     Goldman Sachs settles FCPA enforcement action involving Tom with a five-part series on FCPA Compliance and Ethics Blog, Mike Volkov with a 3-part series on Corruption, Crime and Compliance, Tom and Matt on Compliance into the Weeds and the Everything Compliance gang with their first emergency video podcast.

2.     The Beam Suntory FCPA enforcement action. Harry Cassin breaks the story in the FCPA Blog. Matt Kelly provides some lessons in Radical Compliance.
3.     What can investigators learn from Wirecard? Llyodette Bai-Marrow in the FCPA Blog.
4.     TLI President sentenced to 48 months in prison. Dylan Tokar in the WSJ Risk and Compliance Journal.
5.     Why the Exit Interview is such a useful exercise. Jonathan Marks in Board and Fraud.
6.     It’s Halloween. What are your (corp) skeletons? Michael Toebe in CCI.
7.     Experian to appeal ICO fine. Jaclyn Jaeger in Compliance Week.
8.     Channel you inner Sherlock Holmes to determine UBOs. Alia Noor on xpertsleague.com.
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-Franchisor Liability; Tuesday-Franchisor compliance; Wednesday– Following the money thru distributors; Thursday– Distributor liability; Friday– Why Business Ventures are Different than 3rd Parties. 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 Intelligence FIN for a November 5 webinar, highlighting scenarios in which investigative due diligence can help uncover areas of risk and opportunity in the wake of COVID-19. Learn more and register here.
11.  Virtual book launch for Sending the Elevator Back Down. Thursday, November 5, 4:30 ET. Information and registration 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 227 – the Sending the Elevator Back Down edition


As the Great Women in Compliance hosts publish their first book and Goldman Sachs settles its massive FCPA enforcement action over 1MDB, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

1.     Goldman Sachs settles FCPA enforcement action involving 1MDB. See, DOJ Press Release and Remarks of Acting Assistant Attorney General Brian Rabbitt.

2.     What have we learned? Team #GWIC (Mary Shirely and Lisa Fine) publish their first book, Sending the Elevator Back DownAnnoucement on CCI.
3.     What are the lessons of J&F Investments? Tom takes a deep dive in a 5-Part series on the FCPA Compliance and Ethics Blog. Part 1-Introduction, Part 2-the Bribery Scheme, Part 3-the SEC Order, Part 4-the Plea Agreement, Part 5-Final Thoughts. Mike Volkov does as well in a 4-Part series on Corruption Crime and Compliance. Part 1Part 2Part 3, Part 4. Tom and Matt Kelly go into the weeds on Compliance into the Weeds.
4.     World Bank to put more resources into evaluating compliance programs. Joshua Ray in the FCPA Blog.
5.     Do DPAs and NPAs encourage recidivism? Dylan Phillips continues the debate in the FCPA Blog.
6.     Is there more corruption now in college sports? Pat Forde in SI.com.
7.     What is the future of financial fraud? Jonathan Karpoff in the Harvard Law School Forum on Corporate Goverance.
8.     Will FinTech be the great enabler of the next Industrial Revolution? Ingrid Vasiliu-Feltes on xpertsleague.com.
9.     The Everything Compliance gang is back. In this episode, they consider what enforcement might look like under a Trump or Biden Administration. Listen here.
10.  On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we  continue our exploration of compliance for Business Ventures.  Monday-Tying it all together for JVs; Tuesday-Know Your Customer; Wednesday– the Corporate Controller and Business Ventures; Thursday– Financial review of your business venture partner; Friday-Distributors as Business Venture Partners. 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.
11.  Join Tom and Sam Silverstein for an Executive Forum on Ethics and Accountability on October 28, 2020 12-1 PM CT. Check at the agenda and register here.
12.  Join Tom, Holly Sais Phillippi, Head of Americas Risk Sales, Refinitiv and Kelly M. Slavitt in a Refinitiv sponsored webinar, The Future of Due Diligence: Third-Party Risk in the Era of COVID-19, Tuesday, October 27, 1-2 PM CT. Check at the agenda and register here.
13.  Check out the replay of the Navex Next 9th Annual Risk & Compliance Virtual Conference event Beyond the Moment. For more information, go 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 226– the Losing My Yips edition


As the (non-cheating) Houston Astros attempt to return to the World Series, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

  1. J&F Investments settles FCPA criminal case. Harry Cassin (as usual) breaks the story in FCPA Blog.
  2. Why third-party due diligence is an ongoing exercise. Mike Volkov in Corruption Crime and Compliance. Jim Nortz takes a deep dive into 3rd party risk management in Part 1 of a six-part series on CCI.
  3. Citigroup spanked for $400MM by OCC and the Fed. Matt Kelly with a double dive on Radical Compliance (Part 1 & Part 2). Matt and Tom take a deep dive on Compliance into the Weeds.
  4. Ephemeral messaging frowned upon by SEC. Jonathan Marks in Board and Fraud.
  5. The WEF’s ESG reporting now includes anti-corruption metrics. Worth MacMurray and Elaine Dezenski in the FCPA Blog.
  6. Supply Chains under more scrutiny. Vera Cherepanova in Navex Global’s Risk and Compliance Matters.
  7. Some open-door tales. Richard Leisner with a guest post on the D&O Diary.
  8. Do the FinCen Papers show we need an AM whistleblower protection program? Hamsa Mahendranathan in NYU Compliance and Enforcement 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-Safe Harbor in M&A; Tuesday-Pre-acquisition DD, the business perspective (with special guest Vin DiCianni); Wednesday– Pre-acquisition risk assessment; Thursday– Pre-acquisition due diligence; Friday-Integrating post acquisition (with special guest Eric Feldman). 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 Tom and Sam Silverstein for an Executive Forum on Ethics and Accountability on October 28, 2020 12-1 PM CT. Check at the agenda and register here.
  11. Join Tom, Holly Sais Phillippi, Head of Americas Risk Sales, Refinitiv and Kelly M. Slavitt in a Refinitiv sponsored webinar, The Future of Due Diligence: Third-Party Risk in the Era of COVID-19, Tuesday, October 27, 1-2 PM CT. Check at the agenda and register here.
  12. Check out the Navex Next 9th Annual Risk & Compliance Virtual Conference event Beyond the Moment October 22 from 10 AM to 4 PM. Check at the agenda and register 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
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Innovation: Day 9-the Competitive Advantage of Data

The DOJ and SEC have both made it clear that they expect companies to be more robust in their use of data analytics in compliance programs. This means using data to not only detect and prevent illegal conduct but also in the remediation prong of any best practices compliance program as well through continuous improvement. In 2019, former Deputy Assistant Attorney General Matthew Miner said in a speech that the DOJ will inquire whether compliance departments have access to internal data that could help them identify misconduct and whether compliance officers make adequate use of data analytics in their reviews of companies under investigation. Since at least 2016 in the FCPA enforcement action involving Key Energy Services, Inc., the SEC has been communicating to compliance professionals of the need for increased use of data and data analytics in any compliance program.
The bottom line is that it is not if but when you begin to incorporate corporate information into your compliance program to make your compliance program more efficient and your business process run more effectively. My suggestion is that you begin now to identify the data you have access to and the data to which you currently do not have access. Find a way to bridge that gap.

Three key takeaways:

  1. DOJ pronouncements mandate CCO availability to and use of data.
  2. Data can be an actionable solution across geographic and business lines.
  3. Use data as a business strategy.

For more information, check out The Compliance Handbook, 4th edition, here.