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FCPA Compliance Report

Mary Inman on the Current State of Whistleblowing


In this episode of the FCPA Compliance Report, I am joined by Mary Inman, partner at Constatine Cannon. We look at recent developments in whistleblowing and how the Ukraine War has increased the visibility of whistleblowers. Highlights of this podcast include:

  1. Whistleblower Reward Program at the US Treasury Department/FinCEN – what is its relevance to corruption, anti-money laundering and the Ukraine conflict.
  2. The House Committee on Financial Services voted to strengthen the U.S. Treasury’s Anti-Money Laundering (AML) whistleblower program.  What does this mean for this  nascent program?
  3. How does a minimum whistleblower reward threshold, whistleblower incentives and injects more certainty into the Anti-Money Laundering whistleblower program.
  4. How does expanding AML whistleblower rewards to cover laws applicable to Russian sanctions, Congress is enlisting the help of the private citizenry.
  5. Lisa Monaco recently spoke about the government relying on corporations to ID instancesof money-laundering and other activities to help enforcement Russia economic sanctions and broader trade sanctions. Do you see private citizen or other whistleblowers as a key component of this fight?
  6. How has the Ukraine War raised the profile of whistleblowers and whistleblowing?
  7. Starting with SOX, then Dodd-Frank and the AML Law of 2020 has the US government began to understand whistleblowers as a key component in the fight against fraud, waste and abuse.
  8. Has the government embraced these same strategies and tactics in the wider fight against corruption?
  9. Tribute to Chuck Grassley for his advocacy of whistleblowers.

 Resources
Mary Inman on Constantine Cannon website

Categories
Compliance Into the Weeds

JPMorgan Responds to Whistleblower Claims


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. This week, Matt and Tom take a deep dive into the recent response of JPMorgan to the whistleblower termination allegations of Shaqualla Williams. Highlights include:

  • What does whistleblower protection actually mean?
  • Can a company fire an employee for other conduct if they have filed a whistleblower report?
  • Will this become the template for getting rid of whistleblowers?
  • Do the substance of whistleblower reports matter?

Resources
Matt in Radical Compliance

Categories
Compliance Into the Weeds

Compliance into the Weeds: Episode 123-Whistleblower Protection

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 take a deep dive into the House Financial Services bill, HR 2515, which amends the Dodd-Frank Act to clarify that whistleblowers who report misconduct to their employers and not to the SEC also have protections against retaliation under the law. This bill fixes the US Supreme Court decision in Digital Realty Trust which mandated that whistleblowers had to go to the SEC to obtain Dodd-Frank anti-retaliation protection. Some of the highlights include:
Some of the highlights include:

  • What was the ruling in Digital Realty Trust?
  • Why did it negatively impact whistleblowers, companies and the SEC?
  • What has made whistleblowers and internal reporting so significant?
  • How does the proposed fix benefit whistleblowers, companies and the SEC?
  • Why should businesses get behind this proposed fix?
  • What are the chances it actually is signed into law?

For more reading check out Matt’s blog post “Progress on Whistleblower Fix

Categories
Compliance Into the Weeds

Compliance into the Weeds – Episode 47

SEC Chair Clayton Talks Compliance Costs. Will the new administration gut SOX and Dodd-Frank compliance requirements?