Categories
FCPA Compliance Report

FCPA Compliance Report – Navigating the Complexities of Self-Disclosure Amidst Political and Legal Uncertainties

In this episode, Tom Fox welcomes back Hughes Hubbard partner Mike DeBernardis to explore the unprecedented criminal indictment of Smartmatic and its implications on self-disclosure policies under the current administration. They discuss the rare occurrence of a company facing criminal charges and how it complicates the risk assessment for potential self-disclosure. The conversation covers the unpredictable nature of DOJ actions, the impact of political influence, and the challenges this situation presents for legal advisors and their clients. They also explore the broader implications for corporate compliance, including the increased complexity in predicting outcomes and the necessity for thorough internal investigations.

Key highlights:

  • Discussion on Smartmatic Indictment
  • Challenges in Self-Disclosure
  • Political Influence and Risks
  • Client Conversations and Risk Assessment

Resources: 

Hughes Hubbard & Reed

Mike DeBernardis on LinkedIn

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
From the Editor's Desk

From the Editor’s Desk: Compliance Week’s Insights and Reflections for October and into November 2025

In this episode of ‘From The Editor’s Desk’ podcast, hosts Tom Fox and Aaron Nicodemus delve into key compliance issues featured in Compliance Week. Tom and Aaron discuss the top stories from Compliance Week in October, look at some stories that will appear in November, and provide a preview of upcoming content and events.

They discuss the insights from a case study on Lafarge’s anti-bribery issues linked to cartels and terrorist organizations, as well as challenges in business due diligence in high-risk areas. The episode also covers recent trends around DOJ compliance monitorship under different administrations, insights into Foreign Corrupt Practices Act (FCPA) enforcement, and evolving compliance issues related to artificial intelligence (AI). Finally, they highlight upcoming Compliance Week initiatives and webinars, focusing on career pathways in compliance, the importance of due diligence in high-risk environments, and the practical applications of AI in the compliance field.

Resources:

Aaron Nicodemus on LinkedIn

Compliance Week

Categories
Blog

The NBA Betting Scandal: Integrity Under Fire: Part 1 – Introduction

In the world of professional basketball, few things cut deeper than a betrayal of trust. Fans expect grit, competition, and authenticity, not a rigged game. Yet last week, the U.S. Department of Justice (DOJ) unsealed an Indictment that shook the National Basketball Association (NBA) to its core. Current and former NBA players, along with several associates, stand accused of running an insider-betting ring built on confidential medical and lineup information.

For compliance professionals, this is more than a sports story. It is a real-time case study in integrity risk, insider information abuse, and governance failure. It also demonstrates how arrogance, blindness, and even incompetence can blindside any organization. Over the next several blog posts, I will take a deep dive into not only who was involved and what they did, but also how the same ethical breakdowns that can corrupt a corporate organization found their way into America’s most celebrated sports league. (I am not sure how many posts I will have on this series.) Today, in Part 1, we introduce the players and allegations.

The Conspiracy

The indictment, unsealed in the Eastern District of New York, reads like the playbook of a financial fraud operation dressed up in jerseys. The six defendants. They include Eric Earnest, Marves Fairley, Shane Hennen, Damon Jones, Deniro Laster, and Terry Rozier, who are all charged with wire fraud conspiracy and money laundering conspiracy.

The scheme allegedly unfolded between December 2022 and March 2024, when the group exploited non-public NBA injury and lineup information to place fraudulent bets worth hundreds of thousands of dollars. They allegedly received insider tips directly from players and coaches, including Rozier and Jones, and then laundered the illicit profits through a web of intermediaries.

U.S. Attorney Joseph Nocella Jr. stated in the DOJ Press Release on the Indictment, “As alleged, the defendants turned professional basketball into a criminal betting operation, using private locker rooms and medical information to enrich themselves and cheat legitimate sportsbooks. This was a sophisticated conspiracy involving athletes, coaches, and intermediaries who exploited confidential information for profit.  Insider betting schemes erode the integrity of American sports, and this Office will continue in its strong tradition of holding accountable anyone who seeks to corrupt sports through illegal means.”

The Defendants — and Their Roles

Terry Rozier — “Scary Terry” Turns Scandalous

Known for his explosive play as a guard for the Charlotte Hornets, Rozier allegedly tipped off longtime friend Deniro Laster that he would exit a March 23, 2023, game early due to a “purported injury.” According to the indictment, Rozier gave this information specifically so that Laster could place bets on Rozier’s under” stats, predicting he would underperform.

Laster, Fairley, and others allegedly bet over $200,000 on the game using this insider knowledge. When Rozier exited after only nine minutes, the bets paid off handsomely. Laster then drove through the night to Rozier’s house, where they reportedly counted the profits together.

Damon Jones — From Coach to Co-Conspirator

Once a respected NBA player and later coach, Damon “D Jones” Jones allegedly became a hub for insider information. Prosecutors claim that on several occasions, Jones shared or sold confidential lineup and medical details, particularly concerning the Los Angeles Lakers,  to his co-conspirators. Two key examples cited occurred on February 9, 2023, and January 15, 2024, when Jones allegedly provided early medical information about Lakers star players, allowing others to place lucrative wagers before the news became public. For a league that prides itself on data transparency and player health disclosures, this allegation strikes at the heart of data governance,  an issue that corporate compliance officers know all too well.

Eric Earnest — The Middleman with a Coach’s Ear

At 53, Eric “Spook” Earnest was no athlete, but he allegedly wielded powerful connections. In one cited incident, Earnest received insider information from a friend, an NBA coach, who alerted him that several Portland Trail Blazers starters would sit out a March 24, 2023, matchup against the Chicago Bulls. Before that information went public, Fairley and his associates wagered over $100,000 against the Blazers. When the lineup was confirmed, the betting lines shifted dramatically, and the conspirators’ early bets cashed in.

Marves Fairley — The Fixer

Operating under nicknames like “Vezino” and “Vezino Locks,” Marves Fairley allegedly acted as both a bettor and a connector. He is accused of placing bets using information from multiple inside sources, including players with the Orlando Magic and the Toronto Raptors. On April 6, 2023, Fairley allegedly used information from an Orlando Magic player to learn that several top teammates would sit out a game against the Cleveland Cavaliers. Fairley bet approximately $11,000 on the Cavaliers to cover the spread, and when the Cavs won by 24, he pocketed the winnings.

Deniro Laster — The Courier

At age 30, Deniro “Niro” Laster allegedly served as a courier, moving cash, distributing tips, and laundering proceeds. He was reportedly Rozier’s point of contact in the infamous March 23 Hornets game and allegedly helped convert illicit betting profits into cash payments.

Shane Hennen — The Straw Bettor

Finally, Shane “Sugar” Hennen allegedly helped conceal the betting activity by using a network of straw bettors, placing wagers under different names to evade sportsbook compliance checks. He reportedly received inside information not only from Rozier and Jones, but also via secondary intermediaries, including Long Phi Pham, a previously convicted co-conspirator tied to former Raptors player Jontay Porter.

The Porter Connection: A Prequel to the Scandal

While not a named defendant in this indictment, Jontay Porter, formerly of the Toronto Raptors, looms large in the background. Porter had already pleaded guilty earlier in 2025 for his role in a similar insider-betting scheme, one that the DOJ now says was part of the same web of corruption. Porter allegedly told co-conspirators that he would intentionally leave games early due to “injuries,” allowing others to place bets on his underperformance. Those fraudulent bets paid out when he exited games on January 26 and March 20, 2024.

For compliance professionals, Porter’s earlier conviction was the canary in the coal mine, a warning that insider collusion in sports betting wasn’t a one-off anomaly. It was systemic risk spreading through the ecosystem.

Final Thoughts

As FBI Director Kash Patel noted in the DOJ Press Release, “Using private information and positions of power to rig sports gambling outcomes is not only illegal, but destroys the integrity of the game.” His words echo across industries: wherever inside access can be monetized, the temptation exists, and so does the compliance risk.

For the NBA, this scandal demands a hard reset. It is not enough to suspend players or ban bettors. The league must now confront questions about compliance governance, data ethics, and the duty of care owed by players and coaches as fiduciaries of the sport’s reputation.

For now, the facts are clear: between 2022 and 2024, a small group of insiders treated NBA injury reports as market-moving data. They manipulated outcomes, corrupted competition, and, in doing so, jeopardized the public’s faith in one of America’s most beloved institutions.

The DOJ’s prosecution is not just about punishing individuals. It is about protecting integrity as a public asset. For compliance professionals, that principle transcends industries. Whether you work in finance, healthcare, energy, or sports, the message is the same:

Integrity is the game. And if you cheat it, you lose.

Join us tomorrow as we consider how insider betting parallels insider trading.

Categories
Compliance Into the Weeds

Compliance into the Weeds: The End of Self-Disclosure? The Criminal Indictment of Smartmatic

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the rare occurrence of a company, Smartmatic, being added to an existing indictment for FCPA violations.

They explore the unusual circumstances surrounding this case, including the political sensitivity of Smartmatic, its ongoing litigation with Fox News, and the potential implications for corporate voluntary self-disclosure under the current administration. They delve into the changes in DOJ criteria for FCPA prosecutions and raise concerns about selective prosecution and the broader impact on compliance strategies.

Key highlights:

  • Overview of Smart Medic Indictment
  • Political Context and Conspiracy Theories
  • Implications for Compliance and Self-Disclosure
  • Concerns About Selective Prosecution

Resources:

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, Communicator, and W3 Award, all for podcast excellence.

Categories
2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 60 – The Dispatches Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

 Stories this week include:

  • A former Navy No. 2 was sentenced to 6 years for corruption.  (NBC)
  • BCG employees to take Humanitarian Principles training. (FT)
  • DOJ is about to cut loose the Binance monitor. (Bloomberg)
  • Trump calls for the end of quarterly reporting for public compliance.  (NYT)
  • First AI CCO.  (BBC)
  • Dispatches from the SCCE Conference – Radical Compliance
  • Trump and Europe Are at Odds Over How to Sanction Russia – WSJ
  • What Compliance Leaders Need to Know Ahead of Crucial DOJ Data Security Program Deadline – Corporate Compliance Insights
  • The Rush to Return to Office is Stalling – WSJ
  • Florida man clings to back of moving UPS truck to avoid deputies after Lowe’s shoplifting attempt: officials – FOX Orlando 35

Connect with the Hosts:

Prove Your Worth

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending September 20, 2025

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should be aware of from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

Top stories include:

  • A former Navy No. 2 was sentenced to 6 years for corruption. (NBC)
  • BCG employees to take Humanitarian Principles training. (FT)
  • DOJ is about to cut loose the Binance monitor. (Bloomberg)
  • Trump calls for the end of quarterly reporting for public compliance. (NYT)
  • Trump claims there is a deal with TikTok. (FT)
  • Marcos says no one will be spared in the corruption investigation. (Reuters)
  • First AI CCO. (BBC)
  • CFTC probes Google, Amazon over advertising. (Reuters)
  • Can Zoom make your meetings better? (NYT)
  • DOJ is looking at Uber for Disabilities violations. (WSJ)

You can check out the Daily Compliance News for four curated compliance and ethics-related stories each day, here.

Connect with Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

You can purchase a copy of my new book, Upping Your Game, on Amazon.com.

Categories
Compliance Into the Weeds

Compliance into the Weeds: SCCE Compliance and Ethics Institute Report

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss Matt’s experiences at the recently concluded SCCE Compliance and Ethics Institute.

Matt shares his insights on the atmosphere, key sessions, and notable absences from the agenda. They explore the innovative use of AI in compliance programs, including the development of chatbots for policy inquiries. Additionally, they reflect on leadership changes within the SCCE and liken the metaphor of nurturing compliance to tending a bonsai tree, emphasizing the long-term growth and development of a compliance culture within organizations.

 

Key highlights:

  • The SCCE conference was well-attended with over 1300 participants.
  • The absence of key representatives from the Trump administration was notable.
  • Innovative presentations offered fresh perspectives on compliance topics.
  • Compliance professionals must adapt policies to effectively support AI tools.
  • Leadership changes at SCCE signal a new direction for the organization.

Resources:

Matt on Radical Compliance 

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred the Davey, Communicator, and W3 Awards for podcast excellence.

Categories
Daily Compliance News

Daily Compliance News: September 18, 2025, The Four Humours Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • Muzzled Ben and Jerry’s founder resigns. (NYT)
  • Data Privacy Policies: To Be or Not to Be. (Reuters)
  • The 4 personality types. (BBC)
  • DOJ is about to cut loose the Binance monitor. (Bloomberg)
Categories
Daily Compliance News

Daily Compliance News: September 15, 2025, The AI CCO Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • First AI CCO. (BBC)
  • CFTC probes Google, Amazon over advertising. (Reuters)
  • Can Zoom make your meetings better? (NYT)
  • DOJ is looking at Uber for Disabilities violations. (WSJ)
Categories
2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 59 – The Foot Fetish Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

 Stories this week include:

  • AI vs. AI: The Battle Over Fraudulent Receipts
  • Whistleblower Lessons: Nestlé CEO Dismissal Case
  • Forced Labor Legislation: UK and EU Developments
  • Boeing, DOJ, and the Role of Corporate Monitors
  • Workplace Activism: Managing Political Debate at Work
  • Data Privacy: French Fines Against Google and Shein
  • Corporate Wellness: Innovative Employee Perks
  • Children’s Data Privacy: Disney’s FTC Settlement
  • Florida Man Story: Compliance Lessons from the Absurd

Connect with the hosts:

Resources:

Prove Your Worth

Tom

Instagram

Facebook

YouTube

Twitter