Tag: FCPA

Categories
This Week in FCPA

Episode 222 – the Trees Gone Bad edition


As Donald Trump blames the California and Oregon forest fires on ‘trees gone bad’; Tom and Jay continue to brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week.

  1. How does Bluebell apply to cyber claims against a Board of Directors? Paul Ferllio, Bob Zukis and Christophe Veltsos in the Harvard Law School forum on Corp Governance.
  2. VW Monitor closes out monitorship. Jack Ewing in the NYT. Mengqi Sun in the WSJ Risk and Compliance Journal.
  3. Tom takes a deep dive into Herbalife. Part 1, Part 2, Part 3 and Part 4.
  4. The intersection of anti-human trafficking and ABC compliance. Vanessa Hans in the FCPA Blog.
  5. Does the DOJ have to turn in SEC investigative material in a criminal FCPA trial? Matt Kelly goes legal in Radical Compliance.
  6. The intersection of compliance and internal audit? Mike Volkov in Corruption Crime and Compliance.
  7. Who is a PEP? Dick Cassin considers a plethora of definitions in the FCPA Blog.
  8. Has Covid-19 changed the relationship between senior management and the Board? Dottie Schindlinger and Kira Ciccarelli in CCI.
  9. This month on The Compliance Life, I am joined by DeAnna Nwankwo. In this week’s Part 2, DeAnna talks about some of the skills she needed in the CCO chair.
  10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on internal controls. This week saw the following offerings: Monday– Internal controls for 3rd parties; Tuesday– Internal controls for GTE; Wednesday– BOD oversight as an internal control; Thursday– Code of Conduct as an internal control; and Friday– What is the COSO Internal Controls Framework. The month of August is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
  11. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here.
  12. Join a great upcoming K2 Intelligence FIN webinar. Robin Henry on how investigators can use social media, Thursday, 9-24 at 1600 GMT. Registration and information here.
  13. Join Tom, Charlie Voelker, Legal Compliance Solutions, Skillsoft and Stephen Martin, Partner, StoneTurn for a joint Skillsoft/StoneTurn webinar on evolving your compliance program under the 2020 Update to the Evaluation of Corporate Compliance Programs. Wednesday, September 23, from 12 PM – 1 PM EDT. Information and registration 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.

Categories
Daily Compliance News

August 29, 2020-the HerbalLife Settles edition


In today’s edition of Daily Compliance News:

Categories
Daily Compliance News

August 7, 2020-the Large Bags of Cash edition


In today’s edition of Daily Compliance News:

  • NY sues to dissolve NRA. (NYT)
  • A WAC-O FCPA enforcement action. (Radical Compliance)
  • TVA backtracks. (WaPo)
  • Trump Admin to make Chinese companies comply? (WSJ)
Categories
This Week in FCPA

Episode 216 – the 1MDB Moves Towards Resolution edition

 
As the international fight against corruption took two small steps forward this week in the 1MDB case, Tom and Jay brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week.

  1. Goldman Sachs settles with Malaysia for nearly $4bn. Ben Otto and Chester Tay report in the WSJ. Former Malaysia PM convicted in 1MDB scandal, Harry Cassin reports in the FCPA Blog.
  2. Mike Volkov reports on two big enforcement actions in Pharma. Indivior and illegal marketing of opioid products. Taro Pharma and price-fixing.
  3. What are the shared elements in a best practices compliance program? Jaclyn Jaeger explores in Compliance Week. (sub req’d)
  4. How can you test your hotline? Matt Kelly explores on Radical Compliance.
  5. Why is Germany soft of corporate crime? Dick Cassin considers in the FCPA Blog.
  6. Whistleblower management in the EU. Frank Staelens in CCI.
  7. How can you audit AI? James Bone explores in CCI.
  8. What should be the goal of effective internal controls? Alex Movchan interviews Edmund Sanders in Risk and Compliance Platform Europe.
  9. This month on The Compliance Life, I am joined by Scott Sullivan, Chief Integrity and Compliance Officer at Newport Mining. In Part 1, we discussed the need for empathy in a CCO. In Part 2, we looked at reading the tea leaves and staying ahead of the (corp) wolf pack. In Part 3, we considered who a CCO needs on their compliance team. In this concluding Part 4, we look at the CCO and compliance function down the road.
  10. AMI week on Compliance and Coronavirus as Jerry Coyne discusses telemedicine and Covid-19, Don Stern on how Covid-19 will impact federal prosecutors and Mikhail Reider-Gordon compliance issues during the business reopenings.
  11. On the Compliance Podcast Network, Tom concludes the topic of 3rd party risk management. This week saw the following offerings: Monday-freight forwarders; Tuesday– risk ranking in the Supply Chain; Wednesday-data and 3rd party risk management (Vin DiCianni as guest); Thursday-enforcement actions; and Friday-wrap up. The month of July is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.  Join us in August for the role of the Board of Directors.
  12. Upcoming Webinars:

K2-FIN, Windward, and C4ADS Webinar—New Sanctions Developments in the Maritime Sector: UK Sanctions Shipping Guidance and Venezuelan Shipping in Focus, August 5, 2020 at 10:45 to 11:45 AM EST; with Juan Zarate and Eric Lorber. Registration and Information 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.

Categories
This Week in FCPA

Episode 213 – the Second Edition edition


The DOJ/SEC drop the 2nd edition to the FCPA Resource Guide at 5 PM on July 2. As Tom and Jay brave the surge in covid cases to stay safe they are back to look at top compliance articles and stories which caught their eye this week.

  1.  FCPA Resource Guide, 2nd edition released. Tom takes a deep dive in a 5-part blog post series on the FCPA Complinace and Ethics Blog. Part 1-The New Hallmark, Part 2-FCPA Corporate Enforcement Policy, Part 3– the Accounting Provisions, Part 4– Policy and Case Law Updates, Part 5-What does it all mean? Jonathan Marks on Borad and Fraud. Tom and Matt Kelly in Compliance into the Weeds.
  2. After its FCPA settlement, Novatris pays another $678MM for corruption inside the US. Mike Volkov in Corruption Crime and Compliance.
  3. A plan to restore trust in South Africa ABC enforcement. Larry Kirsch guest posts in GAB.
  4. A reassessment of due diligence in China? Jenny Liang opines in the FCPA Blog.
  5. Venezuela can’t get its gold out of England. Jon Rausch in Dipping Through Geometries.
  6. Amazon settles OFAC sanctions enforcement action. Mengqui Sun in the WSJ Risk and Compliance Journal.
  7. How can you make a risk management committee effective? Jim DeLoach shows the way in CCI.
  8. Is Deutsche Bank the world’s most corrupt? Matt Kelly digs in on Radical Compliance.
  9. Going from disaster recovery to business continuity? Carrie Penman in Ethics and Compliance Matters.
  10. On Compliance and Coronavirus, I was joined this week by Paul Mueller on how to reset, restart and accelerate your business in the era of Coronavirus; Ian Denis on employment and communication during Covid-19 and Breeda Miller on caregiving in the era of Covid-19.
  11. On the Compliance Podcast Network, Tom started the topic of 3rd party risk management this month.This week saw the following offerings: Monday-Questionniare; Tuesday-Due Diligence,Wednesday-levels of DD; Thursday-evaluating DD and clearing red flags; and Friday-compliance terms and conditions. The month of July is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
  12. Great Upcoming Webinars:

Navigating the Risks of Prescribing Opioids for Chronic Pain in the COVID-19 Era, Jul 22, 2020 12:00 PM in Eastern Time (US and Canada); with Jesse Caplan, Deb Waugh and Amy Fogelman, M.D. Registration and Inforamtion here.
Computer Say ‘No’: Mitigating Legal & Ethical Risks in Public Agency Use of Automated Decision-Making Tools, Jul 28, 2020 12:00 PM in Eastern Time (US and Canada); with David Shonka, Mikhail Reider-Gordon and Jonathan Redgrave. Registration and Information here.
ECI’s Best Practice Forum, a Q&A Session with Brian Rabbitt, Acting Assistant Attorney General for the Criminal Division on the FCPA Resource Guide, 2nd edition, Thursday, July 30 2:00 – 4:00 p.m. EDT. Registration and Information 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.

Categories
This Week in FCPA

Episode 211 – the Missing $2bn edition


As Wirecard seems to be missing $2bn, Texas Covid-19 cases explode as self-isolating Tom and self-distancing Jay are back to consider some of the week’s top compliance articles and stories on This Week in FCPA.

  1. Supreme Court rules on profit disgorgement. Harry Cassin breaks the story in the FCPA Blog. Tom and Matt Kelly discuss in this week’s Compliance into the Weeds. Mengqi Sun opines it could shrink whistleblower awards, on the WSJ Risk and Compliance Journal.
  2. What are 5 ways to use a risk assessment? Jeff Kaplan in the FCPA Blog.
  3. Is the SEC on a rampage around internal controls? Bill Steinman thinks so, in the FCPA Blog.
  4. What are some of the problems with foreign issuers? Alissa Kole Amico on the Harvard Law School Forum on Corporate Governance.
  5. Covid-19 issues and compliance, all on CCI. David England on 3rd Party Risk Management; Chris Jeffrey on your control environment; and Casey Pozarowszczky on fraud risk.
  6. What do global ABC enforcement agencies look like? Jon Rausch explores on Dipping Through Geometries.
  7. Wirecard is the first and biggest fraud of the 20’s. Reports in the WSJ-CEO Arrested & Missing $2bn, NYT-CEO Resigns, FT-the Reckoning.
  8. Novartis settles massive FCPA enforcement action. WSJ Risk and Compliance Journal.
  9. Interested in moving to the CCO chair? Check out my latest podcast series The Compliance Lifewhere I interview one CCO type for a month on their journey to the CCO chair and beyond. In on this month’s edition I visit with Ryan Rabalais. In this concluding Part 4, he reflects on the role of coprorate culture. The Compliance Life is now available on iTunes.
  10. On Compliance and Coronavirus this week, a week of AMI: Rod Grandon on government bailouts and PPP compliance issues; Jesse Caplan on health care issues during crisis; Dionne Lomax joins me to M&A issues that may be coming down the road. Compliance and Coronavirus is available on iTunes here.
  11. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month’s topic has been internal reporting and investigations. This week’s offerings: Monday-How an investigation informs remediation; Tuesday-Asking some tough questions; Wednesday-Board investigative protocols; Thursday– how to have a successful Board investigation; Friday– how the Yates Memo changed investigations. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
  12. Join Tom and Convercent’s Philip Winterburn to look at hotline reporting data during Covid-19 and what it means for compliance practitioners going forward. Tuesday June 30 at 10 AM CT. Registration and information are available here. It’s free.

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.

Categories
This Week in FCPA

Episode 210 – the Bostock edition


As Trump has trouble drinking a glass of water and walking (Note-not at the same time), Covid-19 cases spike, the US Supreme Court hands down a landmark decision on protections for the LGBTQ community in the workplace, self-distancing Tom and Jay are back to consider some of the top compliance articles and stories over the past week.

  1.  Mike Volkov takes the chickens out to roost in a 3-part series on the DOJ Antitrust Division charges of price-fixing and bid-rigging conspiracy. In Corruption Crime & Compliance. Jon Rausch weighs in on Dipping Through Geometries.
  2. How will WFH change business? Alison Taylor opines on the World Economic Forum
  3. What are the three ‘R’s’ of a speak up culture? Lloydette Bai-Marrow on the FCPA Blog.
  4. GOP stymies data privacy/data protection legislation yet again. Dave Uberti reports in the WSJ.
  5. It’s your culture stupid. Jim Nortz in CCI.
  6. How is Covid-19 changing internal audit. Matt Kelly explores in Radical Compliance.
  7. Viva La France. Dylan Tokar reports in the WSK Risk and Compliance Journal.
  8. Making sure compliance is not marginalized during financial dislocation. A plethora of authors contribute on NYU’s Compliance and Enforcement Blog.
  9. The ethical upside to WFH. In the Center for Ethical Leadership
  10. Interested in moving to the CCO chair? Check out my latest podcast series The Compliance Lifewhere I interview one CCO type for a month on their journey to the CCO chair and beyond. In on this month’s edition I visit with Ryan Rabalais. In this Part 3, he details some of key skills of a CCO. The Compliance Life is now available on iTunes.
  11. On Compliance and Coronavirus this week,: Scott Price on cyber security risks going forward; Gabe Gumbs data privacy and data protection during the economic dislocation and Covid-19; David McLaughlin joins me to discuss increasing automation to enhance compliance. Compliance and Coronavirus is available on iTunes here.
  12. On the Compliance Podcast Network, this month topic: internal reporting and investigations; all on 31 Days to a More Effective Compliance Program. This week’s offerings: Monday-The Investigative Team; Tuesday-investigative challenges; Wednesday-the witness interview; Thursday– issues in cross-border investigations; Friday– who and when to suspend. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
  13. How does the Hundred Acre Wood inform compliance? Check out Tom’s 5-part blog post series on the FCPA Compliance and Ethics Blog. Monday-Tigger and Sales; Tuesday-Kanga, Roo & Ombudsman; Wednesday-Eeyore and corp legal; Thursday-Piglet and Finance; Friday-Winnie the Pooh as CECO.

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.

Categories
This Week in FCPA

Episode 209 – the George Floyd is Buried edition


As Trump goes back into hiding in his bunker, the rest of the country continues to reopen. Self-Tom and Jay are back to consider some of the top compliance articles and stories over the past week.

  1. Final thoughts on the DOJ 2020 Update to the Evaluation of Corporate Compliance Programs. Tom summarizes the highlights on the FCPA Compliance and Ethics Blog. Mike Volkov gives his five top takeaways.
  2. Want to see examples of ham-fisted leadership. Matt Kelly on Radical Compliance. Tom and Matt take a deep dive in Compliance into the Weeds.
  3. Why does WFH raise compliance risks? Vera Cherapanova on the FCPA Blog.
  4. How did Jho Low use Kuwait to continue his fraud? Reporting in the WSJ.
  5. Common features of corruption and police brutality. Matthew Stephenson opines in GAB.
  6. How can you sharpen your cyber security? Jim DeLoach in CCI.
  7. How can you build a listen up culture? Bob Conlin on Navex Global’s Ethics and Compliance Matters
  8. Managing risk in compliance staffing. Kathryn Reimann on NYU’s Compliance and Enforcement Blog.
  9. Brian Benczkowski bails the DOJ. Dylan Tokar on the WSJ Risk and Compliance Journal.
  10. Interested in moving to the CCO chair? Check out my latest podcast series The Compliance Lifewhere I interview one CCO type for a month on their journey to the CCO chair and beyond. In on this month’s edition I visit with Ryan Rabalais. In this Part 2, he details why the corp compliance function can be seen as a Black Box. The Compliance Life is now available on iTunes.
  11. On Compliance and Coronavirus this week, I feature three podcasts from the folks at K2 Intelligence FIN: Gabe Hidalgo on lessons for financial institutions during the time of Covid-19; Sepideh Rowland on PPP and changing risks for financial institutions; Ray Dookhie joins me to discuss evolving fraud risk during the time of Covid-19. Compliance and Coronavirus is available on iTunes here.
  12. On the Compliance Podcast Network, this month topic: internal reporting and investigations; all on 31 Days to a More Effective Compliance Program. This week’s offerings: Monday-internal reporting and whistleblowers during layoffs; Tuesday-triage of allegations; Wednesday-the investigation protocol; Thursday– preparing for an investigation; Friday– selection of investigative counsel. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
  13. Join Tom and Jonathan Marks for a webinar on the 2020 Update to the Evaluation of Corporate Compliance Programs. Thursday, June 18 at noon CT. Registration and information available here.
  14. Join Jay’s AMI colleagues Dionne Lomax and Jesse Caplan for a webinar entitled, “The DOJ’s New Guidance for Antitrust Compliance Programs + Special Considerations During the COVID Pandemic”. This webinar will discuss the U.S. Department of Justice Antitrust Division’s recently announced initiative to encourage corporations to develop and implement effective antitrust compliance programs. Our panel will discuss the new guidance and special considerations during the COVID pandemic and provide practical tips for developing a comprehensive program, including tips on how to handle a federal and/or state antitrust investigations. The event will be held next Tuesday, June 16th, at 12P EST/9A PST. Registration and information can be found 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.

Categories
This Week in FCPA

Episode 208 – the Trump Administration Attacks Americans edition


As peaceful protesters are attacked by the Army on the order of the Trump Administration, Tom and Jay ask “now that Trump has his wall around the White House, will Mexico pay for it?” Self-distancing Tom and Jay are back to consider some of the top compliance articles and stories on the new 2020 Update to the 2019 DOJ Evaluation of Corporate Compliance Programs.

  1. Tom Fox goes through a multipart deep dive. Part 1-Overall Themes, Part 2-Data and Continuous Improvement, Part 3-Third parties and M&A, Part 4-CCO and the Complaince Function, Part 5-Conclusion.
  2. Matt Kelly explores on Radical Compliance.
  3. Matt Kelly goes Pizza Pizza with another article in Navex Global’s Ethics and Compalince Matters.
  4. Dylan Tokar reports in WSJ Risk and Compliance Journal.
  5. Mike Volkov has a 3-part exploration on Corruption Crime and Compliance. Part 1, Part 2 and Part 3.
  6. Dick Cassin explores organizational justice in the FCPA Blog.
  7. Jonathan Marks looks at it from the forensic perspective in Board and Fraud.
  8. Interested in moving to the CCO chair? Check out my latest podcast series The Compliance Lifewhere I interview one CCO type for a month on their journey to the CCO chair and beyond. In on this month’s edition I visit with Ryan Rabalais. In this Part 1, he details his journey into compliance and the winding road which took him to the CCO Chair. The Compliance Life is now available on iTunes.
  9. On Compliance and Coronavirus this week: David Wolf on using podcasting and audio white papers as communication tools during the time of Covid-19; James Green on operationalizing risk management during this health crisis; Eden Gillott joins me to discuss crisis communication during the time of Covid-19. Compliance and Coronavirus is available on iTunes here.
  10. On the Compliance Podcast Network, this month topic: internal reporting and investigations; all on 31 Days to a More Effective Compliance Program. This week’s offerings: Monday-intro to internal reporting and investigations; Tuesday-Advantages of an internal reporting system; Wednesday-Internal reporting case study; Thursday– Internal Reporting Best Practices; Friday- Answering DOJ questions on internal reporting. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.

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.

Categories
FCPA Compliance Report

Mike DeBernardis on Q1 FCPA Enforcement Highlights


In the Episode, I am joined by Mike DeBernardis, Counsel and Hughes Hubbard. We review the Foreign Corrupt Practices Act enforcement from Q1 and take a look into that veiled land of the future. Some of the highlights include:

  • Key highlights from the Cardinal Health SEC enforcement action.
  • The Airbus international anti-corruption enforcement action is the largest ever. How can a CCO begin to get their arms around it or discern what it might mean for their company?
  • What are Mike’s 3 key takeaways from Airbus?
  • What is the significance of the individual prosecutions in Q1?
  • What are the top questions Mike and the Hughes Hubbard team is receiving from its clients now?
  • While investigations may slow down in Q2, Mike expects an uptick in Q3 & Q4.
  • What are the 5 elements of an ethical culture?
  • There will not be any Free FCPA Pass from the DOJ going forward on enforcement.