Tag: compliance

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Trekking Through Compliance

Trekking Through Compliance-Episode 20-Court Martial

In this episode of Trekking Through Compliance, we consider the episode Court Martial which aired on February 2, 1967, Star Date 2947.3.
Compliance Takeaways:

  1. Have you tied down your documents before your investigation begins?
  2. Your investigation can change based upon facts on the ground.
  3. Never forget in a FCPA enforcement action, each lawyer represents his or her client.

 

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This Week in FCPA

Show Notes for This Week in FCPA-Episode 159, week ending June 21, 2019 – the KPMG Trainwreck and Walmart Settles edition

With KPMG in the news for one of the biggest ethical trainwrecks in recent memory (or since the last biggest ethical trainwreck-Walmart) Tom and Jay return to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Wal-Mart settles. Harry Cassin breaks the story for the compliance community in the FCPA Blog.
  2. The KPMG ethical trainwreck catapults off the tracks with a SEC enforcement action. Francine McKenna with the most comprehensive reporting. Tom and Matt Kelly explore in separate blog posts.
  3. What is the role of the WTO in global anti-corruption enforcement? Luciana Silveira explores.
  4. Banks behaving badly (Part 1,304,555). Swedebank suspends execs from its Estonia branch. Dominic Chopping reports in WSJ. Deutsche Bank under criminal investigation for AML violation. David Enrich, Ben Protess and William K. Rashbaum report.
  5. NAVEX Global published a first-of-its-kind ethics and compliance benchmark report. Jaclyn Jaeger reviews.
  6. What are the data security/data privacy issues from using Slack? Jim Murphy explains.
  7. Designing an ethical company is easy. So says Jeff Kaplan.
  8. Why are negligence and willfulness different standards? Greg Morvillo and Christine Handley explore.
  9. Dylan Tokar joins the WSJ Risk and Compliance Journal. See his twitter You can reach him at dylan.tokar@wsj.com.
  10. Why does one size not fit all? Jay continues his series on working with monitors.
  11. This week Tom had a special 5-part podcast series sponsored by Assent Compliance on the emerging regulatory challenges in Supply Chain management. Check out the following: Part 1-Ithe HTS Landscape; Part 2-instituting a broader Risk Management Program; Part 3– CSR value proposition; Part 4-Conflict Minerals/Responsible Minerals; Part 5-scaling up to meet challenges.  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. Tom is keynoting next week (June 28) at the University of Miami conference “Compliance Across Borders”. For information and registration click here. In Europe and want to attend a great compliance conference? Tom will be keynoting at Circle of Compliance forum on July 3 and 4 in Paris. For more information and registration, 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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Trekking Through Compliance

Trekking Through Compliance-Episode 19-Tomorrow is Yesterday

In this episode of Trekking Through Compliance, we consider the episode Tomorrow is Yesterday which aired on January 26, 1967, Star Date 3113.2.
Compliance Takeaways:
  1. Sometimes unexpected developments can cause higher risk.
  2. What is your investigation protocol?
  3. How do you onboard new employees on your corporate culture?
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Everything Compliance

Everything Compliance-Episode 49-Trump Administration and Compliance, Half-Year Report, Part 2

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. In this episode, we conclude a two-part episode where we consider the Trump Administration and Compliance, Part 2. In our prior episode, Part 1 Sarah Hadden, Mike Volkov and Matt Kelly as gave their views. This episode features Jay Rosen, Jonathan Armstrong and your host, Tom Fox.
Jay Rosen considers the evolution in the DOJ’s thinking about corporate compliance programs from the Benczkowski Memo in October 2019 to the Evaluation of Corporate Compliance Programs, 2019 Guidance, issued in April 2019. Jay shouts out on those who help out.
Jonathan Armstrong discusses the wild swings in US trade policy, and the administration’s overall antipathy to the EU and UK trade regimes, data protection laws and commerce in general. Jonathan rants on British politicians whose admissions of recreational drug use could keep them from entering the US.
Tom Fox considers what the three top enforcement actions from the first half of the year tell us where DOJ enforcement may be headed. Fox rants about the petty criticism of the DOJ’s Evaluation of Corporate Compliance Programs. Fox rants on 24-hour helplines which are not working numbers.
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 lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.com.
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. Now it is part of C-Suite Radio.
Check out Part 1 of this two-part series here.

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Everything Compliance

This Week in FCPA-Episode 158 – the Sweet Caroline edition

With Tom and Jay together for a week in the City of Champions (Boston) and Tom finally getting to Fenway Park to sing Sweet Caroline, he and Jay to take a break to join discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Who owns a bribe and why does it matter?
  2. What are the 6 hats of an AML compliance professional?
  3. Two prosecutors leave DOJ.
  4. What are some of the impacts of working with monitors?
  5. FBI skewered in another FCPA sting trial.
  6. Trump Tower in Moscow? What is the story?
  7. Italy enacts a law to provide credit for remediation during corruption investigations.
  8. Two top FCPA prosecutors leave DOJ and go into private practice.
  9. And you think you are having a bad day? Matt Kelly looks at an assination attempt on a CAE in South Africa.
  10. What is ghost money?
  11. Tom has a special 3-part podcast series this week, looking at leadership lessons from Harry Truman, Douglas MacArthur and Truman’s firing of MacArthur on 12 O’Clock High, a podcast on business leadership. Check out the following: Part 1-Leadership lessons from Harry Truman; Part 2-Leadership lessons from Douglas MacArthur; Part 3– Leadership lessons from Truman’s firing of MacArthur. 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.
  12. The Everything Compliance gang begins a two-part podcast series looking at the Trump Administration’s first 6 months of 2019, from the compliance perspective. In Part 1, Matt Kelly, Sarah Hadden and Mike Volkov weigh in. In Part 2 (to be released June 27) Jay Rosen, Jonathan Armstrong and Tom Fox opine.

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 23-Courtney Sander on Operationalizing Compliance

Lisa Fine and Mary Shirley are the proud co-hosts of Great Women in Compliance. They bring to you some of the top female compliance practitioners who relate some of the challenges they have faced and overcome in the compliance profession. In this episode, Mary visits with Courtney Sander about current trends and best practices in Compliance training, what it means to operationalize your program and how younger leaders can gain credibility with key stakeholders. Great Women is Compliance is a part of the Compliance Podcast Network and can be found on Spotify, iTunes, the FCPA Compliance Report and Corporate Compliance Insights.

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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.