Categories
Daily Compliance News

October 12, 2022 the Serial Edition

In today’s edition of Daily Compliance News:

  • Russian invasion raised AML enforcement profile. (WSJ)
  • Serial podcast subject Adnan Syed freed. (WaPo)
  • SEC is looking at financial advisors’ comms. (Reuters)
  • Corruption is still prevalent in the communications sector. (Lexology)
Categories
FCPA Compliance Report

Josh Fitzhugh on Trade Compliance Since the Russian Invasion of Ukraine


In this episode of the FCPA Compliance Report I welcome back Flex Vice President of Global Trade, Josh Fitzhugh, who visits about the challenges in economic and trade compliance since the Russian invasion of Ukraine. Topics include

  1. Current role
  2. Pre-conflict preparation
  3. How were you able to mobilize for such robust economic and trade sanctions?
  4. Some of the biggest challenges early in the conflict?
  5. What are some of the biggest challenges your team currently faces?
  6. What new challenges do you see in Q3 or further down the road?

Resources
Josh Fitzhugh on LinkedIn

Categories
Daily Compliance News

June 24, 2022 the Never the Same Edition


In today’s edition of Daily Compliance News:

  • DOJ creates unit with corporate expertise. (WSJ)
  • Nikola founder faces new fraud charges. (Reuters)
  • Why business after Ukraine will never be the same. (CCI)
  • Mexico and Brazil fall behind on ABC efforts. (BBC)
Categories
Never the Same

Cyber Security Will Never Be the Same

After the Russian invasion of Ukraine, the business world will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is, of course, Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In Part 4, we look at the changes wrought in cyber-security. Highlights include:

·      Russian invasion made the nature of cyber-security risk explicit.

·      Now continuous non-kinetic warfare.

·      Cyber-security is interconnected to commerce.

·      Quadrant analysis for risk assessment.

·      Jurisdiction risk introduces the where equation.

Categories
Never the Same

Sanctions Will Never Be the Same

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In Part 2, we consider the changes in economic sanctions and trade compliance. Highlights include:

·      Sanctions have changed forever.

·      Economic sanctions should include a comprehensive set of trade policies.

·      Potential damage from state and non-state actors includes corporate espionage, intelligence gathering and economic disruption.

·      Legislative and regulatory responses.

·      How the rise in whistleblower provisions has fueled sanctions and asset seizures.

Categories
FCPA Compliance Report

Loren Steffy on Putin’s Oil Heist Podcast


In this episode of the FCPA Compliance Report I welcome Loren Steffy, now podcast host. Steffy is in the middle of a limited series on the theft by Russian President Putin on the publicly traded Yukos Oil Company back in 2007.  Key areas we discuss on this podcast are:

  •  Why this series and why now.
  •  What is the genesis of this story?
  • Who is Bruce Misamore and what was his role in Yukos.
  • Where can listeners find this podcast.

Resources
Putin’s Oil Heist on Stoney Creek Publishing
Loren Steffy on LinkedIn
Putin’s Oil Heist on the Compliance Podcast Network

Categories
Blog

Never the Same: Part 1 – Why Supply Chain Will Never Be the Same After the Russian Invasion

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General (DAG) Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate.
Over this five-part series, I will consider how business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, Chief Executive Officer (CEO) of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and environmental, social and governance (ESG). In Part 1, we begin with changes in the supply chain as there may well be no area of businesses which has experienced the tectonic shifts that have occurred in the marketplace over the past couple of years than in Supply Chain.
Daniels identified three key reasons for these shifts. The first began with the realization of the untenable actions of the major player on the US supply chain, China. This realization had begun pre-pandemic, when it became clear of the massive theft of US intellectual property by Chinese businesses which led to a huge counterfeit goods problem coming out of China. Daniels estimated that “70% of the world’s counterfeit market is driven by China.” The second was the slave labor issue with China, particularly the Uyghurs. This extensive use of slave labor gave China an economic advantage which in many cases could not be overcome. It was economic warfare by another name.
All of this was exacerbated by the pandemic and we saw what it meant to have an economic and geopolitical adversary as one of your key suppliers during a true worldwide healthcare crisis. This confluence of events led to several key changes in thinking about supply chain. First, supply chain efficacy is not about weather events, it is not about logistics, it is not about just in time. There are much broader sets of issues for supply chain that had not come to the fore previously but came much more clearly into focus, such as geopolitical tensions. According to Daniels, “we realized that supply chain is multifaceted in terms of issues.”
Next came the recognition of the need for more and greater government oversight and regulation. The need to stamp out modern slavery led to the passage of the Uyghur Forced Labor Prevention Act. This law significantly expanded compliance requirements for companies to certify that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States. Interestingly, the law created the presumption that all goods produced in Xinjiang were produced using forced labor, with the burden of proof resting on companies to demonstrate that materials, parts, and goods originating in China were not mined, produced, or manufactured wholly or in part in Xinjiang. There was also a business and government realization that many of the key rare earth elements and minerals widely used in US manufacturing process came from China and now Russia.
Daniels put all of this into perspective when he said, “you had this big earthquake in the pandemic, but then you had all these fault lines that we didn’t realize that were on the edge of a precipice. We were in these really brittle places and just all fell apart with the Russian invasion of Ukraine. From rare earth elements like neodymium which is used in securing a F35 to electric car batteries, to metals and heavy metals used in standard manufacturing processes such as aluminum, iron and neon; supply chain disruptions were all acerbated by the Russian invasion of Ukraine on top of the ongoing disruptions from the pandemic and beyond.”
Finally, was a new element to the supply chain calculus, what Daniels termed “the ethical conundrum.” Russia has engaged in a brutal unjustified war that has disrupted the flow of goods and services from both Russia and Ukraine. Neon, a key element for processing chips, is heavily concentrated in Ukraine as are some of our largest outsourced engineering software companies. As the US and EU governments have responded with a series of harsher and more robust economic and trade sanctions the pressures on supply chain have increased. You must look at greater and more ongoing due diligence and greater sustainability.
These issues have moved beyond simply national security issues in the governmental and public sector. As DAG Monaco said, “Increasingly, you and your clients are on the front lines in responding to these geopolitical realities…our goal is not only to hold people accountable, but to disrupt these threats using all the tools available to us.” Private companies must understand they are now a part of what Daniels characterized as “continuous non-kinetic warfare.”
But in addition to this new type of warfare of which every business is now a part of going forward, it all ties back to US economic prosperity. While this was clear in the US adversarial relationship with China pre-pandemic; it accelerated during the pandemic and now after the Russian invasion of Ukraine. If you could not get a mask so that you could go to work during the pandemic, that health issue became an economic issue. If you were doing business with a Russian oligarch, the reputational damage to your top line will negatively impact your company, perhaps in a material manner.
Tomorrow we consider why economic and trade sanctions will never be the same.

Categories
Daily Compliance News

March 29, 2022 the More Likely Than Not Edition


In today’s edition of Daily Compliance News:

  • Disney employees apparently speak for company. (NYT)
  • Corruption once again hamstringing Russian army.  (Jerusalem Post)
  • Trump more likely than not guilty of felony. (WSJ)
  • Barclay’s in regulatory hot water again. (Reuters)
Categories
Everything Compliance

Episode 96, the Spring Arrives Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jay Rosen, Jonathan Armstrong, Tom Fox and Matt Kelly. We conclude with our fan favorite Shout Outs and Rants.

1. Jay Rosen discusses the connection between corruption and the Russian invasion of Ukraine and the leadership differences between Presidents Putin and Zelensky. Rosen rants about Mavericks owner Mark Cuban over the allegations of former GM Donnie Nelson that Nelson was fired for reporting a sexual assault of a Maverick employee.

2. Matt Kelly looks cybersecurity and the state of proposed new rules from the SEC governing the conduct of public companies which sustain a cyber breach.  Kelly rants about West Virginia Senator Joe Manchin opposes electric cars because customers would have to wait too long at charging stations for batteries to be replaced (electric car batteries are recharged not replaced).

3. Jonathan Armstrong looks at the increase in cyber-attacks and ransomware demands and a GDPR enforcement action involving Tucker’s. Armstrong shouts out to TV show editor Marina Ovsyannikova who on live TV in Moscow, stood up to the President Putin by holding a sign which said, “Russian: “Don’t believe the propaganda. They’re lying to you here.” In English it said: “No war … Russians against war.”

4. Tom Fox discusses the recent District Court decision in the Coburn case and what it means for all involved; the DOJ, companies under FCPA investigation and counsel who perform internal investigations. Fox rants about Texas AG Ken Paxton who once again disobeyed a District Court injunction forbidding the state of Texas from investigating the parents of transgender teens for child abuse. 

The members of the Everything Compliance are:
•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com
The host and producer, ranter (and sometime 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.

Categories
Everything Compliance

Episode 95, the Russia Invades Ukraine Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox and Matt Kelly. We dedicate the entire episode to compliance issues arising from the Russia invasion of Ukraine. We conclude with our fan favorite Shout Outs and Rants.

  1. Karen Woody considers the impact of corruption in both Russia and Ukraine going forward. Karen shouts out to the Ukraine’s U.N. Ambassador Sergiy Kyslytsya for his impassioned plea for Russia to stop its invasion of his country this week, at the United Nations.
  1. Matt Kelly looks at the export control issues and sanctions issued by the US and its allies in this arena. Kelly shouts out Jackson Reffitt, who testified against his father in his father’s Capital Insurrection trial.
  1. Jonathan Marks discusses the sanctions which have been levied by the Biden Administration, how to assess this evolving risk and the role of the Board in managing this risk. Marks rants about Bob Blaffert (again)  and shouts out to Sonny Johnson, an autistic basketballer who made the game winning shot that helped his team win its final game of the season.
  1. Jonathan Armstrong looks at how the shooting war in the Ukraine has spilled over into a cyber war across the globe. Armstrong shouts out to Paddington Bear for giving comfort to refugees across the globe and to the voice of Paddington Bear, Ukrainian President Zelensky.
  1. Tom Fox shouts out to the Texas GOP for stopping AG Ken Paxton from renomination in the party’s primary and for forcing him into a run-off with George P. Bush.

 The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer, ranter (and sometime 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.