Tag: FCPA

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All Things Investigations

All Things Investigations – Navigating New DOJ Directives: Declinations, Cooperation, and Whistleblower Programs with Mike DeBernardis and Katherine Taylor

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR lawyers Mike DeBernardis and Katherine Taylor about the recent speech by Matthew R. Galeotti, Head of the Criminal Division at the U.S. Department of Justice (DOJ);  his attendant Memo entitled Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime; and the updates to the Corporate Enforcement and Voluntary Self-Disclosure Policy; and finally the new Memo on Monitors and Monitorships.

Key highlights:

  • Is meaningful cooperation credit finally here?
  • Did we move from a presumption of a declination to something stronger or at least more tangible?
  • Is the Kenneth Polite “double secret—we know it when we see it” cooperation requirement now a thing of the past, or at least defined?
  • Enhancements to the Whistleblower Program—Initial Thoughts.
  • Monitors—dead and gone or something else?
  • What, if anything, does this change about the role of corporate compliance today?

Resources:

Mike DeBernardis

Hughes Hubbard & Reed website

Katherine Taylor

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FCPA Compliance Report

FCPA Compliance Report – Recent DOJ Policy Announcements

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, Tom Fox welcomes back James Tillen and Ann Sultan, both partners at Miller & Chevalier, and takes a deep dive into four recent DOJ policy announcements: FCPA Enforcement, White-Collar Enforcement, Criminal Enforcement Policy, and the Whistleblower Pilot Program.

They take a deep dive into Deputy Attorney General Todd Blanche’s memo on Investigations and Enforcement of the FCPA, reviewing the stated main goals of the DOJ and how prosecutors are supposed to achieve these goals. They also consider three directives to prosecutors: focus on cases involving individual misconduct, proceed expeditiously, and consider the collateral consequences. They also examine the White Collar Plan and CEP and ask if we have shifted from a presumption of declination to a more tangible framework and conclude by reviewing what compliance professionals need to consider and investigate now.

Key highlights include:

  • How does the principle of “not attribute[ing] nonspecific malfeasance to corporate structures” impact potential prosecutions of companies and individuals?
  • And how do these priorities jive with other DOJ priorities, such as prosecuting cartels/transnational criminal organizations?
  • What does it mean for companies that the DOJ is prioritizing “serious misconduct”?
  • What are the implications of the DOJ’s stated intent to avoid penalizing “routine business practices in other nations”?
  • Do you see this as a shift in focus for the DOJ to non-US companies?
  • Other DOJ Priorities & Announcements
  • Policy Shifts and Clarifications
  • Looking Ahead: What’s on the Horizon

Resources:

FCPA Spring Review 2025 – Miller & Chevalier

DOJ Criminal Division White Collar Plan

Guidelines for Investigations and Enforcement of the FCPA

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For more information on the use of AI in compliance programs, see Tom Fox’s new book, Upping Your Game. You can purchase a copy of the book on Amazon.com

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10 For 10

10 For 10: Top Compliance Stories For the Week Ending June 12, 2025

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.

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

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

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Daily Compliance News

Daily Compliance News: June 11, 2025, A Bondi Too Far 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: compliance, ethics, risk management, leadership, and general interest, all of which are relevant to the compliance professional.

Top stories include:

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Compliance Into the Weeds

Compliance into the Weeds: Changes in FCPA Enforcement

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. Are you seeking insightful perspectives 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 recent memorandum from the Deputy Attorney General regarding the investigation and enforcement of the FCPA.

The memo follows President Trump’s executive order pausing FCPA enforcement for six months. The hosts evaluate the potential impacts on compliance programs, with a possible shift to targeting foreign companies that harm US business interests and national security. They also explore the role of the Foreign Extortion Prevention Act and speculate on how the SEC might integrate these changes into its enforcement practices.

Key highlights:

  • Initial Reactions to the FCPA Memo
  • Implications for Anti-Corruption Compliance
  • Focus on Foreign Companies and National Security
  • Skepticism and Potential Bias in Enforcement
  • Strategic National Interests and Enforcement
  • Considerations for Compliance Officers

Resources:

Memo on Guidelines for Investigation and Enforcement of the FCPA

Tom

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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.

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Innovation in Compliance

Staying the Course in Compliance: Insights from Kristy Grant-Hart

Innovation comes in many areas, and compliance professionals must be ready for and embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. Today, we begin a 3-part podcast series sponsored by Diligent with Clint Palermo, Kristy Grant-Hart, and Stephanie Font. In Part 3, Tom is joined by Kristy Grant-Hart, Vice President and Head of Compliance Advisory Services at Spark Compliance Consulting, a Diligent brand, about the state of compliance in the wake of recent changes to FCPA enforcement.

They discuss the importance of staying consistent with compliance programs, the role of regulatory bodies worldwide, and the practical implications of modern slavery and trade sanctions. Kristy emphasizes the need for a strategic focus on forward-looking risks and the benefits of combining Diligent’s software capabilities with expertise in compliance services. They also underscore the importance of maintaining psychological safety and a speak-up culture within organizations.

Key highlights:

  • The Importance of Consistency in Compliance
  • The Power of Combining Compliance Services with Technology
  • Strategic Focus for Compliance Officers

Resources:

Kristy Grant-Hart on LinkedIn

Spark Compliance

Visit Diligent Website

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Daily Compliance News

Daily Compliance News: April 28, 2025, The Santos Sobs 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 morning coffee, and listen 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.

Top stories include:

  • George Santos sobs at sentencing. (The Daily Beast)
  • The FCPA pause is a boon to corrupt companies. (Bloomberg)
  • Congress wants to kill PCAOB. (FT)
  • Multiple errors led to a catastrophic crash. (⁠NYT⁠)
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Compliance Into the Weeds

Compliance into the Weeds: The Uncertain Future of Compliance Monitors under the Trump Administration

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. Are you looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this Compliance into the Weeds episode, Tom Fox and Matt Kelly take a deep dive into the future role of compliance monitors in the corporate world under the Trump administration.

Despite the potential for changes, federal prosecutors are expected to continue using compliance monitors as a critical tool. However, the criteria for assigning these monitors may become more limited. The episode critically examines the trustworthiness of statements from the Trump administration and its Justice Department, emphasizing the uncertainty facing corporations and compliance professionals moving forward.

Key highlights:

  • Trump Administration’s Stance on Monitors
  • Criteria for Assigning Monitors
  • Skepticism Towards Statements

Resources:

Matt in Radical Compliance

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Compliance into the Weeds was recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast.

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 49 – The Depression Episode

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:

  • Rivals pounce on Paul Weiss lawyers. (NYT)
  • The court dismissed the FCPA case against Cognizant Technologies defendants. (Law360)
  • Boeing sued for wrongful death of whistleblower. (WSJ)
  • US presses French companies to stop DEI. (NYT)
  • Disney is under investigation for DEI. (BBC)
  • The Charlie Javice Verdict: A Wake-Up Call For Fintechs And Banking – (Forbes)
  • The Brave New World — Due Diligence to Identify Cartels and TCOs – (Volkov Blog)
  • Nuggets From Navex on Internal Reporting – (Radical Compliance)
  • The Five Things You Shouldn’t Tell ChatGPT – (WSJ)
  • Florida man points a gun at the man at a karaoke bar after getting ‘upset’ about the music: police – (Fox 35 Orlando)

Resources:

Kristy Grant-Hart on LinkedIn

Prove Your Worth

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10 For 10

10 For 10: Top Compliance Stories For the Week Ending April 5, 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 you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear the stories every compliance professional should know 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.

  • Big shakeup in SEC enforcement coming. (Reuters)
  • Heathrow Airport warned about fire and electric loss before the event. (BBC)
  • Deloitte seeks to avoid liability in Scana’s collapse. (FT)
  • Ben & Jerry’s Ice Cream says, “Set Us Free”. (WSJ)
  • End of SEC FCPA bribery unit. (Reuters)
  • Ex-Shell boss tasked with cleaning up Nigerian National Petroleum Company (NNPC).  (BBC)
  • The judge dismisses Adams’s case with prejudice. (NYT)
  • DOJ moves to dismiss FCPA trial of former Cognizant execs. (Law360) sub req’d
  • What is the true cost of corruption-lost lives? (WSJ)
  • How Deutsche hid problems from regulators. (WSJ)

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

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