Tag: FCPA

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Compliance Into the Weeds

Compliance into the Weeds: Uncovering FCPA Violations: Millicom’s Complex Case Involving Drug Cartel Funds

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 intricate details of a recent FCPA enforcement action against Millicom Cellular, a Luxembourg-based telecommunications company with operations in Guatemala.

The discussion uncovers how Millicom’s joint venture, Comunicaciones Celulares (CommCell), became embroiled in bribery and corruption involving duffel bags of drug cartel cash used to pay off Guatemalan officials. Despite the DOJ’s earlier pause on FCPA enforcement, the emergence of narco-trafficking aspects led to a reopened investigation and significant penalties for Millicom. Key points include the case timeline, the lack of Millicom’s operational control and visibility, and the broader implications for due diligence in joint ventures and cross-border operations in high-risk regions.

Key highlights:

  • Details of the FCPA Enforcement Action
  • Millicom’s Joint Venture in Guatemala
  • Self-Disclosure and DOJ’s Response
  • Timeline of Events and Corruption Details
  • Drug Trafficking and Bribery Connections
  • Implications and Compliance Lessons

Resources:

Matt in Radical Compliance

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. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence.

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ACI FCPA Conference 2025

ACI-FCPA Conference Speaker Preview Series – Matt Ellis on FCPA Enforcement in Mexico

In this episode of the ACI-FCPA and Global Anti-Corruption Conference Speaker Podcasts series, Matt Ellis discusses his panel at the event, “The New FCPA Enforcement Focus in Mexico: A Look at How TCO/FTO Designations Could Impact Prosecutions, Coordination with U.S. Authorities, and the Risk Calculus for Businesses Operating There.”

Some of the issues the panel will discuss are:

  • The evolving enforcement landscape in Mexico.
  • The impact of FTO designations; and
  • Business risks and prosecutorial strategies going forward.

I hope you can join me at the ACI–FCPA Conference. This year’s event will take place on December 3-4 at the Gaylord National Resort & Convention Center in National Harbor, Maryland, near Washington, D.C. The lineup of this year’s event is simply first-rate, featuring some of the top FCPA professionals, white-collar attorneys, and compliance practitioners in the field.

The 2025 program is being completely redesigned to help your organization stay agile, responsive, and ahead of the curve. Expect a dynamic agenda shaped by real-world priorities, practical takeaways, and the most cutting-edge thinking in compliance—led by a faculty of global practitioners with boots on the ground, encountering the very risks that come across your desk.

Please join me at the event. For information on the event, click here. Listeners of this podcast will receive a discount by using the code D10-999-CPN26.

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ACI FCPA Conference 2025

ACI-FCPA Conference Speaker Preview Series – Dan Kahn on the New DOJ Enforcement Priorities

In this episode of the ACI-FCPA and Global Anti-Corruption Conference Speaker Podcasts series, Dan Kahn discusses his panel at the event, “Unpacking the DOJ’s New FCPA Enforcement Guidelines and Priorities: Practical Takeaways for Updating Risk Management, Internal Investigations, and Compliance Strategies.”

Some of the issues the panel will discuss are:

  • How does the current DOJ guidance inform compliance?
  • How to recalibrate your compliance program based on the updated Guidance.
  • What does the DOJ FCPA Guidance say about enforcement priorities? 

I hope you can join me at the ACI–FCPA Conference. This year’s event will take place on December 3-4 at the Gaylord National Resort & Convention Center in National Harbor, Maryland, near Washington, D.C. The lineup of this year’s event is simply first-rate, featuring some of the top FCPA professionals, white-collar attorneys, and compliance practitioners in the field.

The 2025 program is being completely redesigned to help your organization stay agile, responsive, and ahead of the curve. Expect a dynamic agenda shaped by real-world priorities, practical takeaways, and the most cutting-edge thinking in compliance—led by a faculty of global practitioners with boots on the ground, encountering the very risks that come across your desk.

Please join me at the event. For information on the event, click here. Listeners of this podcast will receive a discount by using the code D10-999-CPN26.

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Great Women in Compliance

Great Women in Compliance – Insights from ACI FCPA and Global Anti-Corruption Conference

In this episode of Great Women in Compliance, co-hosts Lisa Fine and Hemma Lomax get a special preview of the 42nd Annual ACI Conference on the FCPA and Global Anti-Corruption. They are joined by two of the conference’s distinguished speakers: Sandra Moser, Partner at Morgan, Lewis & Bockius and former Chief of the DOJ’s Fraud Section, and Kimberly Parker, Partner and Co-Chair of the White-Collar Defense & Investigations practice at WilmerHale.

Sandra and Kimberly share their personal journeys into the white-collar and compliance space, discuss why this conference is a “must-attend” event in the anti-corruption world, and dive deep into their upcoming session topics. Kimberly explores how companies are re-evaluating resource allocation as global priorities evolve, while Sandra tackles the critical compliance challenges of operating in China amid geopolitical tensions.

This episode is a must-listen for practical insights on shifting DOJ expectations, the future of compliance, and tips for any first-time attendees.

 Highlights include:

* Sandra and Kimberly’s Journeys to Compliance

* Spotlight on the ACI FCPA Conference:

* Evolving Priorities & Resource Allocation

* Navigating Compliance in China

* The Future of Compliance

Resources:  

ACI’s 42nd Annual Conference on the FCPA and Global Anti-Corruption (December, Washington, DC – https://www.americanconference.com/fcpa-dc/

* Morgan, Lewis & Bockius: https://www.morganlewis.com/bios/sandramoser

* WilmerHale: https://www.wilmerhale.com/en/people/kimberly-parker

Biographies

Sandra Moser is a corporate investigations authority and trial lawyer who co-leads the firm’s global white collar and investigations practice. She is former chief of the US Department of Justice’s (DOJ’s) Criminal Division, Fraud Section in Washington, DC, and a former Assistant US Attorney (AUSA) for the District of New Jersey. She defends companies, boards, and executives in a wide range of matters—including healthcare and federal program fraud, the False Claims Act (FCA), the Foreign Corrupt Practices Act (FCPA), securities, commodities, and anti-money laundering—involving the DOJ, state attorneys general offices, US Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), US Congress, and other domestic and international enforcement agencies.

Kimberly A. Parker’s practice focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. Ms. Parker is vice chair of the firm’s Litigation/Controversy Department, co-chair of the White Collar Defense and Investigations Practice, and co-leads the Foreign Corrupt Practices Act (FCPA) and Anti-Corruption Practice. Ms. Parker is also co-chair of the firm’s Pro Bono and Community Service Committee.

Ms. Parker represents clients in a range of criminal and enforcement matters and also provides compliance and governance advice. She has conducted internal investigations in the United States, Asia, Africa, Europe, and Latin America. She has represented companies and individuals in a variety of FCPA enforcement matters. She also regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and assists clients in developing and implementing FCPA compliance programs and conducting FCPA training. She is a regular speaker at FCPA events.

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ACI FCPA Conference 2025

ACI-FCPA Conference Speaker Preview Series – Michael Harper on Reading the Tea Leaves for FCPA Enforcement Going Forward

In this episode of the ACI-FCPA and Global Anti-Corruption Conference Speaker Podcasts series, Michael Culhane Harper discusses his panel at the event, “Reading the Prosecutorial Tea Leaves: What the DOJ’s FCPA Case Pipeline and Go/No-Go Decisions Reveal About the Road Ahead.”

Some of the issues the panel will discuss are:

  • Analyzing recent DOJ pronouncements and enforcement actions;
  • Did Smartmatic change the self-disclosure calculus?
  • How voluntary disclosures and internal investigations are being assessed.

I hope you can join me at the ACI–FCPA Conference. This year’s event will take place on December 3-4 at the Gaylord National Resort & Convention Center in National Harbor, Maryland, near Washington, D.C. The lineup of this year’s event is simply first-rate, featuring some of the top FCPA professionals, white-collar attorneys, and compliance practitioners in the field.

The 2025 program is being completely redesigned to help your organization stay agile, responsive, and ahead of the curve. Expect a dynamic agenda shaped by real-world priorities, practical takeaways, and the most cutting-edge thinking in compliance—led by a faculty of global practitioners with boots on the ground, encountering the very risks that come across your desk.

Please join me at the event. For information on the event, click here. Listeners of this podcast will receive a discount by using the code D10-999-CPN26.

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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

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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

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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. Compliance into the Weeds has been conferred a Davey, Communicator, and W3 Award, all for podcast excellence.

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FCPA Compliance Report

FCPA Compliance Report – Self-Disclosure on Both Sides of the Atlantic

Join Tom Fox as he welcomes Simon Airey and Caitlin Sheard, partners at McDermott Will & Schulte, and both experts in the fields of investigation and compliance from both sides of the Atlantic. They take a deep dive into issues around self-disclosure on both sides of the Atlantic.

Simon Airey and Caitlin Sheard are leading experts in the field of investigations and compliance, each bringing a nuanced perspective to the complexities of self-reporting to the Department of Justice (DOJ) in the US and the Serious Fraud Office (SFO) in the UK. Simon, a distinguished barrister, underscores the incentives for companies to self-report but cautions that the process is fraught with complexities, particularly in the UK, where court approval is required for deferred prosecution agreements. Caitlin highlights the potential benefits of self-disclosure, such as possible declinations, but notes the associated costs, including time, legal fees, and reputational risks. Both experts emphasize the necessity of strategic planning and legal counsel to navigate the intricacies of international compliance, particularly in light of increasing enforcement activity and evolving legal landscapes.

Key highlights:

  • Incentives for Self-Disclosure in DOJ and SFO
  • Strategic Self-Disclosure Consideration for Legal Cases
  • Cross-Border Self-Disclosure Strategies for Companies
  • Global Challenges in Corporate Self-Disclosure Processes
  • Whistleblower Tips Driving Future FCPA Enforcement

Resources:

 McDermott, Will & Schulte

Simon Airey

Caitlin Sheard

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

Tom Fox

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For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.

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Compliance Tip of the Day

Compliance Tip of the Day – A Failure in Internal Controls

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance professional or just starting your journey, we aim to provide you with bite-sized, actionable tips to help you stay on top of your compliance game. Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

This week, we consider issues around internal controls in a best practices compliance program. Today, we consider how a single control override led to a catastrophic control failure and an FCPA enforcement action.

For more on this topic, check out The Compliance Handbook: A Guide to Operationalizing Your Compliance Program, 6th edition, which LexisNexis recently released. It is available here.

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FCPA Compliance Report

FCPA Compliance Report – From the Courtroom to Compliance: FCPA Challenges and Strategies with James Koukios

Join Tom Fox as he welcomes back MoFo partner James M. Koukios to discuss the themes and strategies observed in recent FCPA trials and the DOJ’s prosecutorial approach. They explore the importance of making juries care about corruption cases, the themes of abuse of power and financial motive, and the significance of concealment in establishing guilt. The conversation also touches on the future of FCPA trials and the DOJ’s commitment to prosecuting individuals involved in corporate misconduct. And of course, Go Blue!

Key highlights:

  • Making juries care about the impact of corruption is crucial.
  • Abuse of power is a central theme in corruption cases.
  • Concealment of actions indicates consciousness of guilt.
  • Compliance programs must emphasize transparency and documentation.
  • Jurors expect good governance and are sensitive to abuse of power.
  • Financial incentives in corporations should align with compliance.
  • Prosecuting individuals remains a priority for the DOJ.

Resources:

Morrison Foerster

James Koukios

Expect DOJ To Repeat 4 Themes From 2024’s FCPA Trials

Tom Fox

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For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.