Tag: compliance

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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?
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Trekking Through Compliance

Trekking Through Compliance-Episode 23-This Side of Paradise

In this episode of Trekking Through Compliance, we consider the episode This Side of Paradise which aired on March 2, 1967, Star Date 3417.3.
Compliance Takeaways:

  1. What are the unknown talents of your staff?
  2. Failure to continuously monitor can lead to disaster.
  3. What is the role of all your team members?
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FCPA Compliance Report

The Current State of Compliance – Issues and Challenges: Part 3 – Evaluation of Corporate Compliance Programs

During this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. In Part III, we consider the recently released Department of Justice (DOJ) 2019 Guidance and what it means for compliance professionals.
Which will be the topic of our next Podcast. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our next episode where take a deep dive into the unique issues of Private Equity and compliance.

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Trekking Through Compliance

Trekking Through Compliance-Episode 22-Space Seed

In this episode of Trekking Through Compliance, we consider the episode Space Seed which aired on February 16, 1967, Star Date 3141.9.
Compliance Takeaways:
  1. How do you manage 3rd parties after the contract is signed?
  2. Interview questioning is as much art as science.
  3. What crisis management program do you have in place?
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Trekking Through Compliance

Trekking Through Compliance-Episode 21-Return of the Archons

In this episode of Trekking Through Compliance, we consider the episode Return of the Archons which aired on February 9, 1967, Star Date 3156.2
Compliance Takeaways:
  1. Is the Prime Directive absolute or is there room for flexibility?
  2. Groupthink can kill off a civilization or corporation.
  3. AI will always be enhanced by human interactions and interpretations.
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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.