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Red Flags Rising

Red Flags Rising: S01 E09 – Tariffs: Navigating Uncertainty & Mitigating Enforcement Risk

Mike & Brent jump into tariffs to focus on practical strategies to navigate these uncertain times and mitigate the risk of future enforcement actions. Specifically, they discuss what longer-term geopolitical trends help businesses to plot a strategy despite being whipsawed by tariff news each day (01:57), a recent and helpful Foreign Affairs article, by Emily Kilcrease and Geoffrey Gertz of the Center for a New American Security (03:21), the recent book “Chokepoints: American Power in the Age of Economic Warfare” by Edward Fishman and his description of the “impossible triad” between economic interdependence, economic security, and geopolitical competition (04:21), relevant historical background on the rise of China after the Second World War and its current oversupply problem (04:54), how severe pressures on businesses in both the U.S. and China will create white collar compliance risks today and enforcement risks tomorrow (07:42), customs evasion enforcement risk under the U.S. False Claim Act (FCA) and the FCA’s definition of “knowledge” (08:06), the importance of dynamic assessments of customs evasion risks (11:25), potential fines and penalties from U.S. Customs & Border Protection (CBP) and U.S. Department of Justice (DOJ) enforcement (12:54), a deeper dive into the FCA’s “knowledge” standard and its similarities to the “high probability” standard under the U.S. Export Administration Regulations (EAR) (16:14), and practical strategies for companies trying to manage these risks (17:50). Then they conclude with another installment, back by increasing popular demand, of Brent Carlson’s “Managing-Up” segment (20:39).

Resources:

Geoffrey Gertz & Emily Kilcrease, “A World Safe for Prosperity How America Can Foster Economic Security,” Foreign Affairs Magazine

Edward Fishman, “Chokepoints: American Power in the Age of Economic Warfare”

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Mike & Brent’s “Fresh Looks” Series

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Red Flags Rising

Red Flags Rising: S01 E08 – Responding to Congressional Inquiries

Mike & Brent react to recent media reports of several congressional committees demanding information from U.S. companies. They revisit their March 14, 2024, NYU PCCE blog post, “”Expect Some Illumination”: A Fresh Look at U.S. Congressional Hearings in the Era of Sanctions and Export Controls as the New FCPA” (01:21), then discuss common pitfalls to avoid when providing information to Congress, including the importance of thinking critically about how your data could be interpreted and used by Congress (02:28), how information provided by Congress can be shared across the U.S. federal government (03:38), the danger of being distracted by political theater (04:13), the value of having a “red team” (or “blue team,” depending on your political leanings) vet your data with hostile eyes before sending data to Congress (06:48), anticipating and preempting difficult questions that the data might raise (08:06), keeping in mind the geopolitical context (09:05), ensuring that investor relations and communications coordinate with legal and compliance regarding public statements (10:30), and the oversight role of boards of directors (12:49). They conclude with another installment, still by popular demand, of Brent Carlson’s “Managing Up” (14:05).

Resources: 

Mike & Brent’s Prior NYU PCCE Post

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Mike & Brent’s “Fresh Looks” Series

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Red Flags Rising

Red Flags Rising: S01 E07 – Clarity from Chaos: U.S. Export Controls Enforcement Signals & What to Do About Them

Mike & Brent connect the dots between the Administration’s signals regarding U.S. export control enforcement, recent media reports, and how trade compliance teams can best prepare for what comes next. They discuss the overall climate of uncertainty (01:03), an April 8, 2025 report by Reuters about a potential large U.S. export controls fine in the works (01:35), how companies can best respond to a counterparty being put on the U.S. Bureau of Industry & Security’s “Entity List” (05:47), how to respond to U.S. government outreach or administrative subpoenas (07:27), an April 10, 2025 report by Export Compliance Daily about a potential uptick in administrative subpoenas (11:39), their prior “Fresh Looks” post on responding to government inquiries (13:51), and conclude with another installment of Brent Carlson’s “Managing-Up” (17:38).

Resources: 

Reuters article: Karen Freifeld, “Exclusive: TSMC could face $1 billion or more fine from US probe, sources say,” Reuters (Apr. 8, 2025)

Export Compliance Daily: Ian Cohen, “Gov’t May Be Issuing More Export Control-Related Subpoenas, Industry Lawyer Says,” ECD (Apr. 10, 2025) (subscription required)

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Mike & Brent’s “Fresh Looks” Series

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Red Flags Rising

Red Flags Rising: S01 E04 – FRESH LOOKS: Export Controls Penalties

In Episode 4, Mike and Brent revisit another of their prior “Fresh Looks” posts on the NYU Law School’s Program on Corporate Compliance & Enforcement (“PCCE”) blog. This one concerns export control penalties and what to make of recent statements attributed to Commerce Secretary Howard Lutnick and Undersecretary Jeffrey Kessler. Mike and Brent discuss the context for the original November 14, 2023, post (00:30), how historical FCPA penalties compared to U.S. export controls penalties prior to the April 2023 Seagate resolution (01:26), what current official statements and enforcement trends mean for c-suites and boards (02:59), a recent Export Compliance Daily article regarding internal BIS discussions about enforcement priorities (04:57), how to prepare (07:23) for high probability-based enforcement (08:52), the role of the DOJ’s National Security Division (11:01), and conclude with Brent Carlson’s “Managing Up” segment (12:30).

Resources:

Brent LinkedIn

Mike LinkedIn

Mike & Brent’s “Fresh Looks” Series

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FCPA Compliance Report

FCPA Compliance Report – Navigating the Complexities of FTO Designations and Compliance in Mexico and Latin America

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast on compliance. In this episode, Tom welcomes Tim O’Toole and Matt Ellis from Miller & Chevalier Chartered to discuss the significant implications of President Trump’s executive order designating Mexican drug cartels as foreign terrorist organizations (FTOs).

Tim and Matt elaborate on the heightened compliance risks and operational challenges now faced by companies operating in these regions. The conversation delves into the legal distinctions between Specially Designated Nationals (SDNs) and FTOs, the broad-ranging impact on industries such as agriculture and logistics, and the urgent need for robust risk assessment strategies to mitigate civil and criminal liabilities under U.S. law. They also explore the broader Latin American context and potential collateral consequences for U.S. and Latin American companies amid anticipations of increased regulatory scrutiny and enforcement actions. The discussion concludes with timely observations on recent U.S. Treasury directives aimed at curbing cartel money laundering activities, showcasing the lengths the administration is willing to go to combat these criminal enterprises.

Key highlights:

  • Executive Order and FTO Designation
  • Heightened Risks for Companies in Mexico
  • Complexities of Cartel Influence in Mexico
  • Risk Management Strategies for Companies
  • Broader Implications for Latin America
  • Potential Weaponization of FTO Designation
  • Corporate Compliance and Human Rights

Resources:

Designation of Cartels as FTOs Creates Heightened Risks for Companies Operating in Latin America

Miller & Chevalier

Tim O’Toole

Matt Ellis

Tom Fox

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 47 – The Chaos Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

Stories this week include:

  • Who are we? (Radical Compliance)
  • 9th Circuit upholds Holmes’s conviction. (Reuters)
  • Leveling, not raising. (WaPo)
  • Who wants to go back to Russia? (NYT)
  • Trump revoked Chevron’s license to do business in Venezuela. (WSJ)
  • Two Tech Executives Face Trial Under a Bribery Law Trump Has Put on Hold. (WSJ)
  • Kroger’s CEO resigned abruptly after an investigation into personal conduct. (WaPo)
  • CFTC Offers New Incentives for Companies to Report Their Wrongdoing. (WSJ)
  • 5 steps to take to get a promotion in 2025. (Fast Company)
  • A Florida man poses as an immigration officer at Orlando apartments to check for undocumented residents. (Fox 35 Orlando)

 

Resources:

Kristy Grant-Hart on LinkedIn

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Tom

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FCPA Compliance Report

FCPA Compliance Report – DeepSeek and the Recalibration of Risk with Mike Huneke and Brent Carlson

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes back Mike Huneke and Brent Carlson for a special two-part podcast series on DeepSeek’s bombshell AI advancements announced on President Trump’s inauguration day. In Part 1, they review the business and compliance implications, and in Part 2, they consider the Sputnik Moment that has occurred.

In Part 1, they consider the immediate and significant repercussions in both the business and compliance landscapes. Key topics include the economic and geopolitical ramifications of DeepSeek’s innovations, changes in export control policies, and the unique compliance challenges AI technology poses. The discussion also examines how corporations can recalibrate their risk frameworks, integrate high-probability standards, and leverage data analytics to handle millions of transactions in a global economy. Emphasizing the importance of comprehensive compliance programs, the episode provides actionable insights for compliance professionals navigating this evolving landscape.

Key highlights:

  • DeepSeek’s AI Breakthrough
  • Economic and Compliance Implications
  • Export Controls and Legal Concerns
  • Compliance Strategies and Risk Management
  • Training and Organizational Culture

Resources

Mike Huneke

Hughes Hubbard & Reed website

Brent Carlson on LinkedIn

A Fresh Look at US Export Controls and Sanctions

DeepSeek Finds US Export Controls at a New ‘Sputnik Moment’ in Bloomberg.Law

Tom Fox

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FCPA Compliance Report

FCPA Compliance Report – Strategic ROI: Navigating Export Controls and Compliance

Welcome to the award-winning FCPA Compliance Report, the longest-running compliance podcast. In this episode, Tom welcomes back Brent Carlson and Mike Huneke to discuss a crucial topic in corporate compliance: the return on investment (ROI) in export controls compliance.

This pod reviews the challenges compliance professionals face in articulating the value proposition for investments in compliance programs. Brent and Mike highlight the misconceptions about compliance being merely a cost center and explore various ways to demonstrate its tangible benefits to executive teams and boards. The discussion also covers the impact of recent regulatory changes and geopolitical tensions and how companies can proactively address these shifts to ensure robust compliance and leverage new opportunities. By looking at past enforcement actions and drawing parallels with the evolution of the FCPA, the episode provides listeners with critical insights into the practical steps for enhancing compliance programs and the importance of staying ahead of regulatory expectations in a rapidly changing global trade environment.

Key highlights:

  • Setting the Stage for Compliance ROI
  • Challenges in Export Controls Compliance
  • Geopolitical Influences on Export Controls
  • Comparing Export Controls to FCPA
  • National Security and Economic Security
  • Solutions and Strategies for Compliance

Resources:

Hughes Hubbard & Reed website

Brent Carlson on Linkedin

Mike Huneke on LinkedIn

A Fresh Look at US Export Controls and Sanctions

Tom Fox

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

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Daily Compliance News

Daily Compliance News: December 3, 2024 – The Under Pressure Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News—all from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • Climate COP and the art of the deal. (FT)
  • Rubio says trade sanctions are coming on China. (WSJ)
  • Tesla lost the case on the 2nd Musk pay package. (WSJ)
  • Do your passwords meet new federal guidelines?  (WSJ)

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Episode 38 – The SCCE Wrap Up Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode of the ‘Two Gurus Talk Compliance Podcast,’ hosts Kristy Grant-Hart and Tom Fox delve into recent updates and stories in the compliance world. They explore the DOJ’s latest guidance on corporate compliance programs, highlighting themes of data access and the role of AI. Discussion on domestic bribery leads to the case against NYC Mayor Eric Adams for alleged violations, including unauthorized travel expenses. The hosts also analyze four significant trade sanction cases detailed by Michael Volkov, illustrating the importance of rigorous compliance measures. Notable segments include the investigation into Binance’s hefty compliance investments, the influence of competition on corporate culture, and current issues in internal controls. A curious case on Caremark claims against Wells Fargo’s board is mentioned, providing insights into potential legal trends. The podcast closes with a humorous touch on a Florida man’s recurring jail visits due to retail fraud. The episode is a comprehensive overview of key compliance topics marked by real-world examples and expert insights.

Stories Include:

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

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