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FCPA Compliance Report

FCPA Compliance Report: Adam Pollock – Mission Driven Law: Serving the Greater Public Good

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Adam Pollock, co-founder of PollockCohen and Qui Tam/FCA expert.

 Adam Pollock is an experienced lawyer with a unique blend of expertise in computer science and law. Having studied computer science at the University of Michigan before transitioning into law at the University of Pennsylvania, Pollock has spent over 15 years in the legal field, specializing in white-collar defense, Qui Tam cases, False Claims Act cases, whistleblower suits and public advocacy. His law firm’s impactful public advocacy cases is rooted in a mission-driven approach, focusing on cases that serve a greater public good. He cites examples such as challenging the government over the regulation of menthol cigarettes, which disproportionately affect the African American community, and fighting for the rights of New York City retirees. Pollock’s work is driven by a desire to create positive change and make a difference. Join Tom Fox and Adam Pollock as they take a deep dive into these topics and more on this episode of the FCPA Compliance Report podcast.

 Key Highlights

·      How far back Qui Tam case go in history

·      The intersection of Qui Tam, FCA and whistleblower cases

·      Mission Driven Litigation

·      Private Attorney Generals?

·      The FCA at the Supreme Court

Resources

Adam Pollock on LinkedIn

PollockCohenLLP

Tom Fox

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 13 – The FCA Speaks 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! In this episode, Tom and Kristy take on a wide variety of topics, including a visit to Florida Man.

In the world of business, compliance and investigation protocols play a crucial role in ensuring fairness, consistency, and institutional justice. Organizations need to establish robust frameworks to handle incidents effectively and mitigate risks. In this episode of 2 Gurus Talk Compliance, a new investigation by the FCA in the UK, Rubiales resigns (finally), an interesting cyber compliance enforcement action, and Roger Ng. Kristy takes the lead in highlighting a new DOJ Opinion Release. Join them as they delve deeper into this topic on this episode of the 2 Gurus Talk Compliance podcast.

Highlights Include:

1.     Insufficient cyber plan = FCA violation.  (DOJ Press Release)

2.     Roger Ng banned for life.  (YaHooFinance)

3.     FASB adopts crypto accounting rules. (WSJ)

4.     Ken Paxton and slow creep of corruption. (Texas Tribune)

5.     Rubiales resigns. (NYT)

6.   U.K. Financial Regulator to Review Bank Treatment of Politically Exposed Persons (WSJ)

7.   FCPA Opinion Release Provides Guidance on Payment of Travel and Other Expenses for Foreign Government Officials (Volkov)

8. AI in Employment: Privacy Regulation Is Here (PLI Chronicles/Gibson Dunn)

9. Is It Time to Update Your Company’s Dress Code? What ‘Business Casual’ Means Today (Inc.)

10. Florida man banned from the ocean after trying to sail homemade hamster wheel (local news)

Resources 

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

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Compliance Into the Weeds

Compliance into the Weeds: Failure to Have Effective Compliance Program

The award winning, 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. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt consider the recent DOJ enforcement action involving Verizon Business Network Services for failure to have an effective cyber security compliance program.

The recent case of Verizon’s non-compliance with cybersecurity standards and subsequent remediation efforts has sparked a significant conversation in the realm of cyber compliance. Tom views this case as a roadmap for companies to enhance their cybersecurity programs, emphasizing the importance of gap analysis and pressure testing. He draws parallels between cybersecurity compliance and the Foreign Corrupt Practices Act (FCPA) compliance, suggesting that Verizon’s case could serve as an example for other companies.

Matt applauds Verizon’s voluntary self-disclosure and extensive remediation efforts. He underscores the importance of disclosure, cooperation, and remediation in both cybersecurity and corruption cases, viewing Verizon’s actions as a positive example for other companies. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of the Compliance into the Weeds podcast. 

Key Highlights

·      Verizon’s Cybersecurity Program Failures

·      Enhancing Cybersecurity Compliance through Remediation Measures

·      Automating Compliance Efforts with GRC Tools

·      Potential Penalties for Non-Disclosure of Cybersecurity Issues

 Resources

Matt in LinkedIn

Matt on Radical Compliance

Tom 

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Daily Compliance News

Daily Compliance News: September 11, 2023 – The 11,196 Years Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • Turkish fraud sentenced to 11,196 years in prison. (BBC)
  • FCA on the lookout for shirkers. (WSJ)
  • Argentina found liable for renationalization. (FT)
  • Kroger to pay $1.2bn to settle opioid claims. (NYT)
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Daily Compliance News

Daily Compliance News: September 8, 2023 – The Slow Creep of Corruption Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

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10 For 10

10 For 10: Top Compliance Stories For the Week Ending August 26, 2023

Welcome to 10 For 10, the podcast which 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.

  • Venezuela makes last ditch appeal re: CITGO. (Reuters)
  • SFO drops ENRC investigation. (FT)
  • Poverty a direct result of corruption. (Time)
  • Is due diligence over in China? (FCPABlog)
  • Ukraine institutes whistleblower bounty program. (BusinessInsider)
  • Nigerian ex-Energy Minister arrested for corruption by FCA. (Reuters)
  • Ex-Vitol employee to face FCPA charges. (WSJ)
  • ABC ex-prosecutor surges in Guatemalan Presidential race. (WaPo)
  • Lithium batteries scrutinized under UFLPA. (Reuters)
  • More Odebrecht indictments coming. (WSJ)

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

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Blog

Messaging Compliance in a Shifting Regulatory Landscape: The Current and Shifting UK Regulatory Landscape

Are you ready to learn how to implement electronic communications capture and supervision in your firm for better compliance and prevention of regulatory violations? Is messaging compliance giving your compliance function headaches. Welcome to a special 5 part blog post series on messaging compliance in a shifting regulatory landscape, sponsored by Global Relay. For this Part 3, I visited with Rob Mason on the current state of UK regulations on messaging apps and where it may be headed.

Staying ahead of the curve when it comes to the shifting UK regulatory landscape is vital for financial institutions and their compliance professionals. Keeping pace with the FCA’s evolving priorities, as well as ensuring ongoing compliance with GDPR and data protection, can have significant effects on the smooth functioning of your institution. Enhancing operational resilience and implementing effective employee communication monitoring are essential steps to take, in addition to exploring resources for regulatory technology solutions. By remaining updated and flexible, compliance professionals in the UK can successfully navigate the complexities of regulatory changes, ultimately resulting in an improved understanding of current and upcoming UK regulations.

Here are some key steps:

  • Understand FCA’s evolving priorities and focus
  • Keep up-to-date with GDPR and data protection
  • Enhance operational resilience in your institution
  • Implement effective employee communication monitoring
  • Explore resources for regulatory technology solutions

 1. Understand FCA’s evolving priorities and focus.

Navigating the shifting UK regulatory landscape as a financial institution can be complex, but a key step is understanding the evolving priorities and focus of the Financial Conduct Authority (FCA). As the FCA shifts its focus towards a broader oversight approach, financial institutions must remain up-to-date with emerging regulations and adapt their internal processes accordingly. This comprehensive understanding of FCA priorities is vital for compliance professionals, as it enables them to mitigate potential risks, ensure data protection, and maintain operational resilience in an ever-changing regulatory environment.

Mason noted the FCA’s increased focus on retail and consumer financial services in addition to wholesale markets, which has led to a broader oversight approach and also highlighted the importance of data protection and the impact that GDPR regulations and Brexit have had on the UK’s regulatory environment.  Understanding the FCA’s evolving priorities and focus is crucial for compliance professionals in the UK, as it allows them to better adapt to the rapidly changing regulatory landscape. Being knowledgeable about current regulations and anticipating future changes can help institutions maintain compliance, safeguard data, and ensure operational resilience in the face of potential challenges. By staying informed and proactive, compliance professionals can successfully navigate the shifting UK regulatory landscape and contribute to the overall success and stability of their organizations.

 2. Keep up-to-date with GDPR and data protection.

With the ever-changing regulatory landscape in the UK, remaining up-to-date with GDPR and data protection is more crucial than ever for financial institutions. One of the significant changes that has come to focus in recent times is the GDPR, which greatly impacts how businesses collect, store, and process personal data. Data protection concerns have now begun to take center stage not only in Europe but also across the globe. By understanding the requirements of GDPR and other data protection laws, financial institutions can adapt to the changes and avoid costly fines or reputational damage.

Mason said that Europe has been ahead of the curve when it comes to data protection concerns, and how new developments, such as Brexit, have further emphasized the significance of GDPR in the UK. He also discussed how monitoring employee communications became increasingly critical for large organizations to prevent scandals. By keeping up with these regulatory changes and understanding the impact they have on organizations, compliance professionals can better equip themselves to face the challenges that lie ahead.  The importance of staying up-to-date with GDPR and data protection for compliance professionals in the UK cannot be understated.

These regulations help build a strong framework that ensures the protection of customer data, which is at the heart of any financial institution. Besides preventing financial and reputational damage, being compliant with GDPR and data protection laws allows organizations to maintain customer trust, demonstrate transparency, and ultimately contribute to the long-term success of their business. For financial institutions, being knowledgeable about these laws is not just a matter of regulatory compliance, but also a vital factor in creating a sustainable, ethical, and client-centric business. As the regulatory environment continues to evolve, staying ahead of the curve will prove indispensable for financial institutions and their compliance professionals.

 3. Enhance operational resilience in your institution.

In today’s rapidly changing regulatory environment, financial institutions must be agile and proactive in order to stay ahead of the curve. Enhancing operational resilience is a key step in achieving this goal, as it allows organizations to effectively manage unexpected disruptions and challenges. A strong operational resilience framework not only prevents potential losses but also helps maintain stability and reputation in the face of adversity. To successfully navigate the shifting UK regulatory landscape, financial institutions must invest in the necessary resources, infrastructure, and skill sets required for effective risk management, business continuity, and crisis response mechanisms. In this context, it is crucial for these institutions to regularly assess their resilience measures and adopt best practices in line with emerging industry trends and regulations.

Strengthening operational resilience safeguards the institution from potential losses and reputational damage, ensuring long-term success in a capricious regulatory landscape. Moreover, addressing operational risks effectively is crucial in mitigating negative consequences on a larger scale, preventing widespread financial contagion. As the UK financial sector undergoes constant transformation, compliance professionals must be equipped to adapt quickly to emerging challenges. By prioritizing operational resilience and staying abreast of the latest industry trends, these professionals will be better prepared to navigate the shifting UK regulatory landscape, protecting both their institutions and their clients from potential adverse effects.

As a compliance professional in the UK, it’s essential to keep up with the shifting regulatory landscape in order to ensure your financial institution can effectively overcome any obstacles. Staying informed about the FCA’s priorities, GDPR, and data protection regulations is key to maintaining a strong compliance strategy. Additionally, focus on enhancing operational resilience, monitoring employee communications, and seeking out resources for regtech solutions. By doing so, you’ll not only stay compliant but also foster a more secure and thriving financial institution.

Join me tomorrow where we review the recently released Global Relay report, Compliant Communications 2023.

For more information on Global Relay, click here.

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FCPA Compliance Report

Mary Inman on Top FCA Recoveries and Issues from 2022

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by with Mary Inman, a partner at Constantine Cannon. We discuss the recently released US Fraud statistics and preventative measures with Inman. Inman explains that the US Department of Justice put out statistics on the False Claims Act for 2022, with healthcare dominating the recovered funds. Inman discusses how whistleblowers can still launch cases, even if the government does not join in, and encourage listeners to report fraud to their respective insurance departments if it later results in higher premiums for their organizations.

Key Topics:

·      The Increase of Managed Care Plans in Medicare [00:04:16]

·       The Power of Whistleblowing and the Impact of Joining Government Cases [00:08:19]

·      Medicare and Medicaid Fraud in California and Florida [00:12:21]

·       Impact of Insurance Fraud on Premiums [00:16:44]

·      The False Claims Act and the Escobar Decision [00:26:09]

Notable Quotes

1.      “And they were basically paying kickbacks to their they know who the physicians are, who are the largest prescribers of their drugs. And they were paying kickbacks to encourage them to basically discourage them from prescribing their competitors’ products and to direct it to them.”

2.     “What happened here is that Mallinckrodt improperly calculated their rebate by claiming that the drug they developed in 1990 was a new drug in 2013. And so that allowed them to greatly decrease the amount of the rebate they would have owed to the Medicaid program.”

3.    “It’s another kind of false billing scenario. It was notable to me that we had 2 big settlements.”

4.     “The whistleblower had accused the Association of shifting costs that it shouldn’t have reimbursed onto the Florida Medicaid program.

 Resources:

Mary Inman on Linkedin

Constantine Cannon

Tom Fox on LinkedIn

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Daily Compliance News

Daily Compliance News: October 26, 2022 the Texas Two Step Edition

In today’s edition of Daily Compliance News:

  • Take off those Adidas. (NYT)
  • Tech lessening productivity. (Bloomberg)
  • FCA goes after greenwashing. (Reuters)
  • Is the Texas two-step legal corruption? (FT)
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Daily Compliance News

October 18, 2022 the Monk Charged with Fraud Edition

In today’s edition of Daily Compliance News:

·       Credit Suisse settles yet another fraud case with US regulators. (FT)

·       AT&T settles domestic corruption charges. (ABCNews) 

·       Monastery GC and Monk charged in fraud. (Law.com)

·       SCt turns down FCA cases. (Reuters)