Categories
The Corruption Files

The Corruption Files Introduction


This is Tom Fox. I want to welcome you to an exciting new podcast series that I’m premiering on the Compliance Podcast Network, The Corruption Files, together with my co-host Thomas Fox and Michael DeBernardis, an artist partner at Hughes Hubbard & Reed LLP. We will be looking at some of the top corruption enforcement actions in the United States and beyond.
In our first five episodes, we’re going to focus on some key industries inside the United States which had important FCPA actions. We’re going to focus on the background of each of the enforcement actions.
What did it mean from the prosecutorial perspective, the Department of Justice, and the Securities and Exchange Commission? And then, what did it mean at the time of the enforcement action? What does it mean today, and what does it continue to mean for the compliance professional in the future?
I know you’ll enjoy this great new series, The Corruption Files.

Categories
All Things Investigations

All Things Investigations: Episode 3 – Key Developments in Ethics Compliance


 
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022.
 

 
Michael A. DeBernardis is a partner in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. Michael assists clients with internal investigations relating to high-stakes matters including bribery and corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy. Michael has represented clients in connection with inquiries by the U.S. Department of Justice, U.S. Securities and Exchange Commission and U.S. Senate Permanent Subcommittee on Investigations, among others.
Key areas we discuss on this podcast are:

  •  Q1 brought resolutions that were excellent examples for training and increasing understanding about compliance issues.
  •  One of the more difficult aspects of compliance is scoping investigations.
  • View input from your monitor as an opportunity to truly improve your processes, procedures and controls. Having a positive relationship with them is hugely valuable.
  • Developing an investigation plan and protocols is an iterative process.
  • Changes to the SEC Whistleblower program.
  • Anti-corruption implications of the Russian invasion of Ukraine.

 
Resources
Hughes Hubbard & Reed website
Mike DeBernardis 
Coburn and the Attorney/Client Privilege
 

Categories
FCPA Compliance Report

Mike DeBernardis on Compliance Developments from Q4 2021


In this episode of the FCPA Compliance Report, I am joined by fan favorite Mike DeBernardis, partner at Hughes Hubbard. In this episode we look at compliance and temporal timeline developments from Q4 2021. Highlights of this podcast include:

  1. A deep dive into the Lisa Monaco speech, how it impacted the compliance temporal timeline whether it was a change or recalibration.
  2. Anti-Trust developments.
  3. The Biden Administration Strategy on Countering Corruption?
  4. Compliance in 2022 and moving forward.

Resources
Mike DeBernardis on HughesHubbard website.

Categories
FCPA Compliance Report

Mike DeBernardis on Q3 Compliance and Enforcement Highlights


In this Episode of the FCPA Compliance Report, I have thrilled to have back fan favorite Mike DeBernardis, partner at Hughes Hubbard. Mike is back for our quarterly FCPA and compliance review and in this episode, we look at highlights from Q3 2021. Highlights of this podcast include:

  1. FCPA Enforcement Actions-WPP and Credit Suisse. What are the key lessons learned?
  2. What does it mean to extend at DPA?
  3. Pandora Papers-how do you think this will drive the move for greater transparency around trusts and other opaque corporate forms?
  4. SEC

a.       Increased enforcement and admissions of liability in settlement docs.
b.       ESG Reporting requirements-what does this mean for corps
c.       Increased scrutiny for both crypto and SPACs
5. National Security Directive coming out in December.
6.HughesHubbard annual FCPA alert

Resources

Mike DeBernardis on Hughes Hubbard website.

 
 

Categories
FCPA Compliance Report

Mike DeBernardis on Enforcement and Oversight in Q2-2021


In this Episode of the FCPA Compliance Report, I am joined by fan fav and now Hughes Hubbard & Reed partner Mike DeBernardis. We take a look back at some of the key enforcement actions and issues from Q2-2021.  Highlights of this podcast include:

  1. FCPA prosecutions. In the corp sphere, only one doesn’t really mean anything going forward.
  2. FCPA Individual Prosecutions. Is the Yates Memo finally leading to results?
  3. Anti-Trust. Will the focus on the large enforcement actions against Big Tech lead to an overall reduction or will the Division be going strong against all forms of anti-competitive behavior?
  4. FCA, Fraud in PPP and PPE. Where to you see this going?
  5. What about SEC enforcement actions? Will we see more in the areas of accounting fraud, SPACs, climate change and ESG areas?
  6. Do CCOs really need to worry about individual enforcement actions?
  7. What about environmental crime enforcement actions?

Resources 
Mike DeBernardis on the HughesHubbard website
Mike DeBernardis on LinkedIn