Tag: Mike Debernardis

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Fox on Podcasting

Fox on Podcasting – Celebrating Excellence in Podcasting in the Domestic Arena

Join Tom Fox as he explores the world of podcasting, and get ready to be inspired to start your podcast. Today, we begin a three-part series on honoring excellence in podcasting and the Agora Awards. In this second episode celebrating the Compliance Podcast Network Agora Awards, host Nick Gallo introduces four guests and hosts of their own podcasts: Mike Volkov, Matt Kelly, Mike DeBernardis, and Karen Woody.

In this episode, we stress the importance of being listenable and engaging rather than rigidly adhering to a set script when discussing compliance issues. Reflecting on experiences from 14 to 15 years ago, it’s clear that a heavily scripted approach can fall short. All our guests agree that a more conversational format resonates better with audiences. We focus on meaningful dialogues, keep episodes concise, typically around 20 minutes, and highlight the value of slowing down and prioritizing listener engagement over extensive, pre-planned talking points.

Key highlights:

  • Engaging Podcasting
  • Evolution with Compliance Into the Weeds
  • Building a Good Conversation
  • Podcast Length and Ambitions

Resources:

Matt Kelly

Compliance into the Weeds

Everything Compliance

Karen Woody

The Woody Report

Classroom Insiders

Succession-the Final Season

Everything Compliance

Mike DeBernardis

All Things Investigation

Mike Volkov

Corruption, Crime and Compliance

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All Things Investigations

All Things Investigations: FCPA Alert Week – Mike DeBernardis on the FCPA & Anti-Bribery 2024 Alert

Welcome to the Hughes Hubbard & Reed Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In this first podcast of the 5-part series, host Tom Fox joined Mike DeBernardis to introduce the Alert and some key themes and highlights from the FCPA and anti-bribery in 2024.

In the inaugural episode celebrating the Hughes Hubbard & Reed FALL 2024 FCPA and Anti-Bribery Alert, Tom is joined by Mike DeBernardis. They delve into the significance of Hughes Hubbard & Reed being the first major firm to release their FCPA alert each year and discuss the creative introduction themed around 1999 movies, including a quote from ‘The Matrix.’ The Alert is segmented into four comprehensive chapters covering analysis, policy developments, corporate resolutions, international focus, and updates from multilateral development banks. Key trends such as treating past misconduct and encouraging whistleblowing are highlighted, along with an ongoing issue of gifts and hospitality in corporate resolutions. The audience is encouraged to access the report on the firm’s website for more detailed insights.

Key highlights:

  • Overview of the FCPA and Anti-Bribery Alert
  • The Matrix Quote and Its Relevance
  • Detailed Breakdown of the 2024 Alert
  • Key Highlights and Trends
  • Focus on Gifts and Hospitality

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Mike DeBernardis

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All Things Investigations

All Things Investigations: Anchored in Fraud: Mike DeBernardis and Shayda Vance on Austal USA’s Scandal

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 guests Mike DeBernardis and Shayda Vance to discuss the significant case involving Austal USA, a shipbuilding company facing charges of securities fraud and obstruction of a federal audit due to the misreporting of costs for U.S. Navy ships.

The episode delves into the actions taken by the DOJ and SEC and underscores the complexities involved when senior executives are implicated in fraud and the challenges companies face in maintaining compliance and cooperation with government investigations. The conversation highlights the importance of having a robust compliance program and the critical role of the board of directors in overseeing investigations. The guests also explore the specific ramifications for government contractors and defense contractors and the significant impact of U.S. jurisdiction on foreign companies listed on American Deposit Registries. Through the lens of the Austal case, the discussion provides vital insights and lessons for compliance professionals, corporate executives, and board members.

Key Highlights

  • Details of the Fraud and Legal Actions
  • Lessons Learned and Analysis
  • Government Contractors and Compliance Programs
  • Challenges in Replacing Senior Executives
  • Significance of ‘Not Presently Responsible’ in Government Contracting
  • Implications of Listing on the American Deposit Registry

Resources:

Hughes Hubbard & Reed website

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The Corruption Files

The Corruption Files: Exploring The Teapot Dome Scandal: Lessons from a Century – Old Corruption Case

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws.

In this episode of Season 2, Tom and Mike take a deep dive into one of the seminal scandals of the 20thcentury, the Teapot Dome scandal.

The infamous Teapot Dome scandal occurred during Warren Harding administration. Tom and Mike take a deep dive into a historical overview of the event, detailing steps taken by key figures like Albert Fall, who leased federal oil reserves to his associates without competitive bidding, resulting in massive corruption and eventual convictions. The discussion highlights the scandal’s significant impact on U.S. governance, including the first conviction of a former cabinet member, and underscores enduring compliance lessons relevant to modern-day corruption cases.

Key Highlights:

  • Historical Context of the Teapot Dome Scandal
  • The Scandal Unfolds: Key Players and Actions
  • Investigations and Revelations
  • Legal Consequences and Fallout
  • Lessons and Reflections

Resources:

Mike DeBernardis on LinkedIn

HughesHubbardReed

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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All Things Investigations

All Things Investigations: ‘This Can Be Done’: Mike DeBernardis on Navigating Compliance in High – Risk Jurisdictions

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation.

In this podcast, host Tom Fox welcomes back Mike DeBernardis to discuss recent corruption convictions involving individuals connected to Venezuela, as highlighted in Hughes Hubbard & Reed’s ‘Month in a Minute.’

We use these criminal matters as a starting point to discuss how companies can effectively manage compliance in high-risk areas by assessing risks, crafting risk management strategies, implementing specific controls, documenting processes, and training employees. We emphasize the importance of maintaining thorough documentation to meet regulatory requirements and auditing standards.

Key Highlights:

  • Month-in-a Minute Overview
  • Compliance in High-Risk Areas
  • Risk Management Strategies
  • Documenting and Presenting Compliance

Resources:

Hughes Hubbard & Reed website

Mike DeBernardis

Categories
The Corruption Files

The Corruption Files: Lockheed and Birth of The FCPA

What is stranger than fiction? In the stories of worldwide corruption in this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard discuss some of the most audacious corruption cases in anti-corruption enforcement.

More importantly, they will discuss the lessons learned on what your organization can do to prevent running a foul of international anti-bribery laws.

In this first episode of Season 2, Tom and Mike review the Lockheed corruption scandal, which led directly to the passage of the FCPA.

The discussion covers the significant bribery and corruption charges that led to the creation of the Foreign Corrupt Practices Act (FCPA). The hosts explore the international political fallout from the scandal, its impact on various countries, including Japan, Italy, and the Netherlands, and the consequences for Lockheed.

The episode highlights how the case influenced the development of anti-bribery laws worldwide and the roles played by figures like Stanley Sporkin in shaping these regulations. The conversation also touches on the ongoing challenges in combating corruption in the aerospace industry and its global implications.

Key Highlights:

  • The Lockheed Scandal: An Overview
  • High-Level Corruption and Its Unveiling
  • International Repercussions of the Lockheed Scandal
  • The Birth of the FCPA
  • Modern Implications and Compliance

Resources:

Mike DeBernardis on LinkedIn

HughesHubbardReed

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Everything Compliance - Shout Outs and Rants

Everything Compliance: Episode 135 – Shout Outs and Rants

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows.

In this episode, we have the septet of shout-outs and rantors; Jonathan Marks, Matt Kelly, special guests Karen Moore and Mike DeBernardis, all hosted by Tom Fox.

1. Matt Kelly praises the Supreme Court for upholding the constitutionality of the CFPB’s rants about right-wing radicals trying to destroy democratic institutions through the courts.

2. Guest Panelist Karen Moore sends sympathies to all those who have experienced flooding and shouts out to two Brazilian rowers, Evaldo Mathias Becker and Piedro Tuchtenhagen, who gave up on their Olympic dreams to stay in their home state of Rio Grande do Sul after heavy rains devastated the state.

3. Jonathan Marks shouts out to Dylan Beard, a Walmart deli worker who qualified for spot at the U.S. Olympic track and field trials in June in the hurdles. As an unsponsored athlete, his employer, Walmart, presented him with a check for $20,000 so his friends and family could support him as he made his way to the Olympic trials.

4. Special Guest Panelist Mike DeBernardis shouts out to the Washington Commanders for some long-awaited sanity with the club’s new owners.

5. Host Tom Fox shouts out to the City of Louisville for the bookend of Sydney Thomas saving lives and arresting the World’s Number 1 golfer, Scottie Scheffler, while driving on his way to the PGA Golf Tournament at Valhalla Country Club.

The members of the Everything Compliance are:

• Jay Rosen – Jay can be reached at Jay.r.rosen@gmail.com

• Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

• Jonathan Armstrong – is our UK colleague and an experienced data privacy/data protection lawyer in London. He can be reached at windyridgehouse@gmail.com.

• Jonathan Marks can be reached at jtmarks@gmail.com.

• Special Guest Karen Moore can be reached at Kmoore51@fordham.edu

• Special Guest Mike DeBernaris can be reached at the law firm’s website, www.hugheshubbard.com/.

The host, producer, and ranter (and sometimes panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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All Things Investigations

All Things Investigations: Compliance Lessons from Gunvor and Trafigura Enforcement Actions

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I joined by Mike DeBernardis to mine compliance lessons from the recently announced Gunvor and Trafigura FCPA enforcement actions.

Mike DeBernardis is a seasoned professional with a comprehensive understanding of FCPA enforcement actions and compliance matters, a perspective deeply informed by his numerous client advisory roles on self-disclosure decisions related to FCPA violations and his regular participation in industry discussions.

DeBernardis believes that FCPA enforcement actions are increasingly considering past misconduct as a determinant in assigning penalties and discounts. He underscores the necessity for companies to be proactive and innovative in their remediation efforts rather than simply adhering to minimal compliance standards. He also notes a decrease in the reliance on external monitors in FCPA resolutions, potentially due to businesses taking more initiative in improving their compliance programs and directly reporting to the DOJ.

In DeBernardis’ view, the Department of Justice’s approach to FCPA enforcement is dynamic and adaptive, with companies helping shape best practices through their communication with outside counsel and the DOJ itself.

Key Highlights:

  • Impact of Self-Disclosure on FCPA Penalties
  • DOJ’s Quantifiable Self-Disclosure Benefits in FCPA
  • Cross-Regional Executives in Trafigura Bribery Scheme
  • Innovative Risk Mitigation Strategies in FCPA
  • Rewarding Compliance Efforts in Energy Trading

Resources:

Hughes Hubbard & Reed website

Mike DeBernardis

Categories
All Things Investigations

All Things Investigations – Mike DeBernardis on The SAP Enforcement Action

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I was joined by HughesHubbardReed partner Mike DeBernardis to discuss the recently announced FCPA enforcement action involving SAP.

Mike DeBernardis is a seasoned expert in the field of FCPA enforcement, with a specific focus on SAP enforcement action and the critical role of compliance programs. Drawing from his extensive knowledge of corruption schemes in various countries and the role of third-party intermediaries in these activities, DeBernardis views the SAP enforcement action as a pivotal case study that underscores the importance of robust compliance programs and proactive remedial actions. He commends SAP for their significant investment in their compliance program and their willingness to alter their business practices, such as severing certain third-party relationships and high-risk conduct. DeBernardis believes these actions reflect a commitment to business integrity and serve as a valuable lesson for companies navigating complex investigations. Join Tom Fox and Mike DeBernardis as they delve deeper into this topic on this episode of All Things Investigations.

Key Highlights:

  • SAP’s Corrupt Third-Party Intermediaries and Enforcement Action
  • The Power of Cooperation and Remediation
  • DOJ’s Emphasis on Cooperation and Technology

Resources:

Hughes Hubbard & Reed website

Mike DeBernardis on LinkedIn

Categories
The Corruption Files

Episode 14 – Walmart with Tom Fox and Michael DeBernardis

Rapid expansion presents great opportunity and great risk.

Tom Fox and Michael DeBernardis go deep into the Walmart bribery case, why immediate cooperation matters, tips for companies to prevent similar problems, the best course of action when working internationally, and projecting risk regardless of industry.

▶️ The Walmart Enforcement action with Tom Fox and Michael DeBernardis. 

Key points discussed in the episode:

  1. Tom Fox lays out the facts of the Walmart case. Michael points out how prevention could have saved millions of investigation costs.
  2. Rapid expansion presents great opportunity and risk. Tom emphasizes that extensive remediation and cooperation can bring significant credit.
  3. Michael explains Walmart’s underwhelming conduct. Tom brings up the congressional investigation, leader exits, and the business implications of publicizing.
  4. Michael shares his advice to avoid Walmart’s case – setting realistic and proper incentives. He also provides hypothetical counsel if he could work with Walmart when the issue broke out.
  5. Michael highlights the importance of timeliness, engaging with regulators as early as possible, and providing FCPA training when asked.

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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.