Categories
FCPA Compliance Report

FCPA Compliance Report: Spotlight on Executive at Risk: Latest Updates on The DOJ, OFAC, FCPA, and AML

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom welcomes back Miller & Chevalier attorneys Executives at Risk team, including Lauren Briggerman, Katherine Pappas, Ian Herbert, and their newest colleague Laura Deegan.

We dive into key compliance and enforcement topics such as the new DOJ whistleblower initiative, recent OFAC sanctions and export controls, key FCPA enforcement actions focusing on individual liability, and notable AML developments, particularly within the cryptocurrency sector. The discussion highlights the evolving landscape of corporate compliance and the increased need for robust internal reporting and proactive compliance measures.

Highlights in this Episode:

  • DOJ Whistleblower Initiative
  • OFAC Sanctions and Export Controls
  • FCPA Enforcement Actions and Developments
  • AML Developments and Binance Case

 

Resources:

Miller & Chevalier Chartered

Lauren Briggerman

Katherine Pappas

Ian Herbert

Laura Deegan

Executives at Risk, Summer 2024

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Categories
Great Women in Compliance

Great Women in Compliance – Alejandra Montenegro Almonte on Workplace Culture and Compliance

Welcome to the Great Women in Compliance Podcast. In this episode, Lisa visits with Alejandra Montenegro Almonte, who is a member at Miller & Chevalier and is the Chair of their International Practice and Practice Co-Lead, Workplace Culture. Prior to joining Miller & Chevalier, she was General Counsel for the North American and Latin American Division at Gategroup and an associate at Weil, Gotshal & Manges.  Alejandra has won awards and recognition from Chambers, Best Lawyers in America and Latin America, among others.

In this episode, Alejandra discusses her experience in global ethics and compliance programs, from advising on best practices to workplace investigations.  Alejandra has leveraged her experience in-house and at law firms to provide practical advice and explains her approach to advising clients.

Alejandra also provides insight on her experiences with monitorships, as she has advised clients in monitorships and acted as a monitor.  She talks about the importance of a proactive relationship between the monitor and the organization, as well as some thoughts about best practices for communications and meetings.

She applies a similar set of principles to all of her work, focusing on learning about a business, including its market dynamics and risks, as part of building the best program for that organization.  She uses that as a foundation for her work on program enhancements and on how to conduct workplace investigations.

As this is Women’s History Month, Alejandra provides some ideas on how we can best support women and diversity in our workplaces.

Key Highlights:

  • Building Global Ethics & Compliance Programs
  • Experience in Monitorships as an Advisor and a Monitor
  • Providing Practical Advice on Compliance Risks
  • Cultural Nuances in Global Workplace Dynamics
  • Insights During Women’s History Month

Resources

Join the Great Women in Compliance community on LinkedIn here.

Categories
Blog

Joshua Drew and a Career in FCPA Enforcement and Compliance

I recently had the opportunity to visit with Joshua Drew, formerly a lawyer at the Department of Justice (DOJ) at Main Justice in Washington and also an Assistant US Attorney at the US Attorney’s Office for the District of New Jersey. We visited for an episode of the FCPA Compliance Report podcast.

Drew has recently joined the litigation group at Miller & Chevalier. With his extensive background in the fraud section of the DOJ and in-house roles at companies dealing with False Claims Act cases and FCPA resolutions, Joshua brings a wealth of knowledge and experience to his new position. His expertise will contribute to Miller & Chevalier’s strategic growth.

Drew moved from governmental service to HP, where he was Vice President and Associate General Counsel, Ethics & Anti-Corruption. At the time, HP was in the middle of a major FCPA investigation in the early 2010s. One of Joshua’s notable achievements was his role at HP, managing responses to DOJ and SEC investigations related to potential FCPA violations. During his time at HP, he played a crucial role in improving the internal investigation process, which resulted in a more efficient and practical approach. This experience highlights Joshua’s ability to navigate complex compliance issues and find practical solutions.

From HP, he moved to the company formerly known as VimpelCom, now VEON. He began as Associate General Counsel-Investigations and became the Group’s Chief Ethics & Compliance Officer. VimpelCom was going through an FCPA enforcement action and resolution at the time. He helped guide the company through a rigorous Deferred Prosecution Agreement (DPA) and monitorship. VEON was one of several high-profile FCPA enforcement actions involving telecom companies in Uzbekistan who paid huge bribes, totaling over several billion, to the daughter of the then President of the country, a woman named Gulnara Karimova.

Several factors influenced Joshua’s decision to join Miller & Chevalier. Firstly, he was impressed by the firm’s strong team of lawyers, many of whom he had interacted with during his time in-house at VimpelCom. The firm’s reputation for excellence and expertise in practice areas such as FCPA work, false claims act cases, general litigation, and white-collar defense also aligned well with Joshua’s experience. Additionally, Miller & Chevalier’s strategic focus and subject matter expertise in the issues that arise in a DC practice were appealing to Joshua.

Drew also discussed the new Safe Harbor Policy for Mergers and Acquisitions under the FCPA, which was announced in 2023. This policy encourages companies to disclose potential misconduct and cooperate with DOJ investigations, providing strong incentives for companies to get to the bottom of possible misconduct. Drew emphasized the importance of companies conducting thorough investigations, understanding the facts, and making decisions based on all available information in the company’s best interest. He acknowledged that these decisions can be challenging and require careful judgment.

The move to Miller & Chevalier allows Joshua to leverage his skills and experience to contribute to the firm’s strategic growth. His background in dealing with DOJ enforcement actions and his expertise with monitorships will be valuable assets in building on the firm’s existing work in these areas. Joshua’s role at Miller & Chevalier is focused on litigation, and he aims to bring strength to strength by complementing the skills and experience of the firm’s lawyers.

Joshua’s joining Miller & Chevalier brings the firm a unique blend of DOJ and in-house experience. His expertise in FCPA compliance and internal investigations will be instrumental in helping clients navigate complex compliance issues and mitigate risks. With his strategic approach and commitment to excellence, Joshua is well-positioned to make a significant impact at Miller & Chevalier.

Categories
FCPA Compliance Report

FCPA Compliance Report – Navigating DOJ Investigations: Insights from Joshua Drew

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Joshua Drew, a Member of Miller & Chevalier who practices in the firm’s white collar and FCPA practice areas.

Joshua Drew, a seasoned attorney with a rich background in the Department of Justice (DOJ) and the Foreign Corrupt Practices Act (FCPA), recently joined the litigation group at Miller & Chevalier. His perspective on joining the firm is largely influenced by his admiration for the team’s expertise, having interacted with several of the firm’s lawyers during his tenure at Vimple.com, now Veon. He also found the firm’s practice areas, particularly FCPA work and general litigation, to be in perfect alignment with his experience. Moreover, he appreciated the firm’s smaller size, strategic focus, and subject-matter expertise, making his decision to join Miller & Chevalier a no-brainer.

To learn more about Joshua Drew’s journey and his insights, join Tom Fox and Joshua Drew on this episode of the FCPA Compliance Report.

Key Highlight:

  • Drews’s extensive Compliance and Litigation Experience
  • Streamlining Investigations and Improving Compliance at HP
  • Life under the monitor at Veon
  • Impressive Team and Strategic Focus at Miller
  • Incentivizing Disclosure and Cooperation in Mergers

Resources:

Joshua Drew on LinkedIn

Miller & Chevalier Chartered

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

 

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
FCPA Compliance Report

Executives at Risk Winter: 2022/2023

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of the FCPA Compliance Report, host Tom Fox welcomes Katherine Pappas, Lauren Briggerman, and Ian Herbert, government experts and internal investigations at the Miller & Chevalier law firm. The group discusses changes to the Corporate Enforcement Policy and the challenges companies face with extraordinary cooperation and clawbacks. They also dive into the Biden administration’s antitrust policies, particularly in labor markets and the recent trend of the DOJ losing no-poach cases to juries. The conversation then shifts to the FTC’s proposed rule on non-compete agreements and recent FCPA individual prosecutions related to bribery allegations. Finally, the hosts discuss potential changes to the duty of oversight requirements for company directors and officers and potential changes to US sentencing guidelines. Take advantage of this informative and engaging episode!

 

Key Highlights:

  • Updates on DOJ’s Corporate Enforcement Policy
  • Challenges and Failures in Antitrust Prosecutions
  • No-poach and non-compete agreements in the energy industry
  • FTC Rulemaking and Non-Compete Agreements
  • Cryptocurrency and High-Profile Nondisclosure Cases
  • Oversight and Sentencing Guidelines in Companies

Resources:

Miller & Chevalier

Executives At Risk Winter: 2022/2023

Lauren Briggerman

Katherine Pappas

Ian Herbert

 

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Great Women in Compliance

Ann Sultan – Diversity as a Regulatory Issue

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today Lisa speaks with Ann Sultan, Partner and Practice Lead for the Europe-Caucasus-Asia Practice Group at Miller & Chevalier. Ann helps multinational companies build their compliance programs and conduct global investigations to support their anti-corruption, anti-harassment, and anti-discrimination objectives.

Ann has spent most of her career in law firms and talks about how she built her practice and career, noting how the support of more senior women at Miller & Chevalier was impactful in her career growth. Lisa and Ann also discuss the topic of diversity as a regulatory issue, and how the NASDAQ guidance on this topic and the UK FCA statements make this even more clear.

Ann also contributed to “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance,” (CCI Press 2020), and Lisa and Mary will be guests at the Seven Elements Book Club on May 11 on Zoom to discuss the book. Please message them if you would like to know more.

Are you attending Compliance Week’s annual conference? The GWIC team of Lisa, Tom, and Mary will all be speaking and look forward to saying hello to listeners of Compliance Podcast Network listeners in DC!

Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC. You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.

Categories
FCPA Compliance Report

Executives at Risk, Summer 2021 Newsletter


In this Episode of the FCPA Compliance Report, I visit with three lawyers from Miller & Chevalier to discuss the Summer 2021 Edition. I am joined by Lauren Briggerman, Katherine Pappas and Ian Herbert. We take a deep dive into key areas of white collar enforcement and issues that every compliance, legal and business executive should be aware of going forward into the second half of 2021. Some of the highlights include:
Lauren Briggerman

  1. What are some of the significant developments in cartel investigations and prosecutions involving senior execs?
  2. What have you seen around wage-fixing and price fixing?
  3. Yet more prosecutions in the poultry industry. Why have we seen so many over the past few years?
  4. Anything new on the extradition front?
  5. We saw additional charges and a settlement regarding auto emissions testing fraud. Where do you see this issue internationally?

Katherine Pappas

  1. What has been the impact of the pandemic on white collar prosecutions?
  2. Where are we on government efforts to combat PPP and PPE fraud?
  3. Anything happening on the FCPA front with individuals?
  4. Do you expect to see a pickup on the corp FCPA front in the remainder of 2021?
  5. What does the Biden administration’s memorandum on corruption as a national security issue mean for corporations and executives?

Ian Herbert

  1. What did we see regarding individual prosecutions on the AML front?
  2. What about prosecutions for failures to set up AML compliance programs?
  3. What’s happening in crypto?
  4. Significant sentencings.

Resources
Miller & Chevalier
Lauren Briggerman
Katherine Pappas
Ian Herbert
Executive at Risk Newsletter, Summer 2021

Categories
FCPA Compliance Report

Executives at Risk Report Summer/Fall 2019

In this episode I visit with Lauren Briggerman, Member at Miller & Chevalier and Katherine Pappas, Counsel at Miller & Chevalier about the firm’s most recent edition of the publication Executives at Risk, the Summer/Fall 2019 edition. Some of the highlights include:
What is the publication “Executives at Risk”?
What were some of the noteworthy Investigations covered in the report?
Pharma Executives Charged in Second Criminal Case Involving Improper Opioid Sales. a.Are more executives in danger from the ongoing opioid trials and enforcement actions? b.What are some of the Cartel issues covered in the report?
Two Foreign Shipping Executives Charged in Ongoing Ocean Cargo Shipping Cartel Scheme. a. Why do executives need to be concerned with this Administration’s trade sanction policy?
There was one significant criminal trade secret case as a former Uber executive was charged with Trade Secrets Theft from Google. These matters are usually civil matters. Why is this case a criminal matter?
We consider the extradition matter involving a Société Générale banker living in France deemed a fugitive by U.S. Judge. What does this mean for non-US executives?
We visit about the policy developments from the DOJ-the Evaluation of Corporate Compliance Programs. I ask, what is its significant for Executives?
Resource
Executives at Risk-Summer/Fall 2019 Edition

Categories
Uncategorized

FCPA Compliance and Ethics Report-Episode 272 Miller & Chevalier 2016 Latin America Survey

here. [tweet_box design=”default” url=”http://wp.me/p6DnMo-2H2″ float=”none”]The Miller 2016 Latin American Corruption Survey provides key insights for the compliance practitioner.[/tweet_box]]]>