Categories
Compliance Into the Weeds

SEC-SPAC Enforcement Action


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into the recent SEC enforcement action regarding the SPAC Stable Road Acquisition Corp. and its acquisition of the space technology company Momentus. Some of the issues we consider are:

  • What were the underlying facts?
  • Were red flags missed, consciously avoided or outright ignored?
  • Where was compliance due diligence?
  • Bill Ackerman, Pershing Square Tontine Holdings and the proposed Universal Music acquisition?
  • Diamond Acquisition Corp and its acquisition of Lordstown Motors.

 Resources
Matt in Radical Compliance
The Second Act of SPAC Enforcement

Categories
Compliance Kitchen

SEC Office of the Whistleblower


The Kitchen looks at the SEC’s Office of the Whistleblower and the whistleblower award program and recent awards by the Commission.

Categories
Daily Compliance News

June 28, 2021 the Whistleblower Hosed edition


In today’s edition of Daily Compliance News:

  • SEC denies whistleblower award after company takes bankruptcy. (WSJ)
  • Should CEO pay be tied to ESG targets? (WSJ)
  • TSA to resume self-defense classes for airline crews. (NYT)
  • Johnson & Johnson paying $231MM to settle opioid claims. (BBC)
Categories
Daily Compliance News

June 3, 2021 the States Doing Ethics edition


In today’s edition of Daily Compliance News:

  • How do you solve a problem like Elon? (WSJ)
  • HBO and the Discovery Channel. What could go wrong? (NYT)
  • Illinois passes ethics bill. (Illinois Policy)
  • Ohio gubernatorial candidate proposes corruption reform for Ohio. (Dayton Daily News)
Categories
Coffee and Regs

Mastering the Marketing Rule

Mastering the Marketing Rule

 

In this episode, CSS’s Co-Executive Directors of Compliance Services Keith Marks and Jackie Hallihan sit down to discuss actionable takeaways on implementing the SEC’s new Marketing Rule for registered investment advisers within the next 18 months.

 

 

About Our Guest Speakers:

 

Keith Marks is involved in the management and distribution of Compliance Solutions Strategies’ (CSS) products and services. He works across CSS to find regulatory data and reporting solutions that investment managers need. Keith manages a team of Directors, Consultants and Compliance Managers in CSS’s Compliance Services team who provide consulting, annual compliance program reviews, risk assessments, on-site mock examinations, registration services, and cybersecurity services to institutional wealth managers, private fund managers, retail wealth advisers, and registered investment companies. He also helps coordinate educational conference agendas and speakers. Keith is an author, product contributor, and thought leader. His product contributions have included the design of the Form ADV Part 2 Template distributed to over 6,000 advisers in 2010-12, and his vision of compliance program management built into CSS’s Compliance Management solution. With his colleagues, Keith’s most recent significant publication is “Big Data, Using Data Analytics”, Modern Compliance vol. 2, ch. 23 (2017). Keith joined Ascendant in 2007, and became a part of CSS in 2016. Prior to Ascendant, Keith was an instructor for the Center for Compliance Professionals and Director of Investment Adviser Services at National Regulatory Services (NRS). Keith practiced law previously as an Associate with Day, Berry & Howard LLP (now Day Pitney LLP), a Hartford, Connecticut law firm in 1996-98. Keith served as a law clerk for two years in Connecticut’s Supreme Court and Appellate Court after earning his Juris Doctor degree Magna Cum Laude from Western New England University School of Law and his Bachelor of Arts Magna Cum Laude from the University of Connecticut. He is a member of the State Bar of Connecticut, and is actively involved in raising funds for the Polycystic Kidney Foundation (www.pkdcure.org). Keith served as President of the New England Broker Dealer Investment Adviser Association (NEBDIAA), a non-profit organization, incorporated in 1997, from 2012-17. He has been on the Board of Directors of SOAR Educational Enrichment, Inc. since 2013, and Board Chair since 2015. SOAR is a privately funded 501(c)(3) providing educational enrichment programs to Keith’s local elementary school.


 
Jackie Hallihan is the Co-Executive Director of CSS’s Compliance Services team and has over 25 years’ regulatory and risk management experience. She was the founder of National Regulatory Services (NRS) which started the compliance resource business and served as its President for over 20 years. She also founded the National Society of Compliance Professionals (NSCP), a non-profit organization for compliance officers, staff and lawyers serving the compliance industry. It now boasts over 2000 memberships. Jackie has been a leading speaker to compliance professionals, including in-house training programs and various other industry association conferences, and has received numerous industry awards. Jackie also serves as Director, Clerk of the New England Broker Dealer Investment Adviser Association (NEBDIAA), a non-profit organization, incorporated in 1997. The purpose of NEBDIAA is to provide a forum for the professional exchange of information among investment advisers, broker dealers, and persons who provide services to investment advisers and broker dealers, and to direct communication among its members which will improve their ability to serve the needs of their respective clients. The forum will help NEBDIAA’s members meet the increased regulatory demands placed on investment advisers, broker dealers, and persons who provide services to investment advisers and broker dealers.

Categories
Compliance Into the Weeds

A Punch in the Face to SEC Enforcement?


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into a recent speech by SEC Commissioner Caroline Crenshaw on a new philosophy in SEC financial penalty enforcement.
Some of the issues we consider are:

  • Who is SEC Commissioner Caroline Crenshaw?
  • What was the 2006 policy regarding enforcement priorities?
  • What changes did Commissioner Crenshaw propose?
  • What about the timing of the remarks?
  • Is this a response to the Supreme Court decision in Lui?
  • What does this mean for compliance officers?

Resources
Matt’s blog post on Radical Compliance:
SEC Enforcement Speech, Umm Wow 
2006 SEC Enforcement Policy Statement

Categories
Compliance Into the Weeds

The SEC and Climate Disclosures


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into the recent announcement by the SEC that it would start paying more attention to companies’ climate change disclosures.  Some of the issues we consider are:

  • What did acting Chairman Allison Herren Lee announce?
  • A review of the 2010 Climate Guidance
  • What changes might be in the offing?
  • What will the SEC process be going forward?
  • What frameworks might the SEC use as a guide?
  • What does this mean for the compliance function?
  • What are the compliance lessons? 

Resources
Matt’s blog post on Radical Compliance:
SEC Fires Warning Shot on Climate Disclosure

Categories
Daily Compliance News

December 31, 2020-Lay ‘Em Off edition


In today’s edition of Daily Compliance News:

  • SEC may get its disgorgement back. (NPR)
  • Alaska Airlines to clamp down on emotional support animals. (NYT)
  • GE lays off thousands, CEO gets $47MM bonus. (WaPo)
  • Petrobras receives $45MM from with Vitol. (Reuters)
Categories
Daily Compliance News

November 17, 2020-Jay, We hardly Knew Ye edition


In today’s edition of Daily Compliance News:

  • Another college bribery scandal-this time Harvard. (WSJ)
  • Jay Clayton says he will step down. (WSJ)
  • What would a Biden China policy look like? (NYT)
  • Did Google plan a personal attack on EU Commissioner? (FT)
Categories
This Week in FCPA

Episode 216 – the 1MDB Moves Towards Resolution edition

 
As the international fight against corruption took two small steps forward this week in the 1MDB case, Tom and Jay brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week.

  1. Goldman Sachs settles with Malaysia for nearly $4bn. Ben Otto and Chester Tay report in the WSJ. Former Malaysia PM convicted in 1MDB scandal, Harry Cassin reports in the FCPA Blog.
  2. Mike Volkov reports on two big enforcement actions in Pharma. Indivior and illegal marketing of opioid products. Taro Pharma and price-fixing.
  3. What are the shared elements in a best practices compliance program? Jaclyn Jaeger explores in Compliance Week. (sub req’d)
  4. How can you test your hotline? Matt Kelly explores on Radical Compliance.
  5. Why is Germany soft of corporate crime? Dick Cassin considers in the FCPA Blog.
  6. Whistleblower management in the EU. Frank Staelens in CCI.
  7. How can you audit AI? James Bone explores in CCI.
  8. What should be the goal of effective internal controls? Alex Movchan interviews Edmund Sanders in Risk and Compliance Platform Europe.
  9. This month on The Compliance Life, I am joined by Scott Sullivan, Chief Integrity and Compliance Officer at Newport Mining. In Part 1, we discussed the need for empathy in a CCO. In Part 2, we looked at reading the tea leaves and staying ahead of the (corp) wolf pack. In Part 3, we considered who a CCO needs on their compliance team. In this concluding Part 4, we look at the CCO and compliance function down the road.
  10. AMI week on Compliance and Coronavirus as Jerry Coyne discusses telemedicine and Covid-19, Don Stern on how Covid-19 will impact federal prosecutors and Mikhail Reider-Gordon compliance issues during the business reopenings.
  11. On the Compliance Podcast Network, Tom concludes the topic of 3rd party risk management. This week saw the following offerings: Monday-freight forwarders; Tuesday– risk ranking in the Supply Chain; Wednesday-data and 3rd party risk management (Vin DiCianni as guest); Thursday-enforcement actions; and Friday-wrap up. The month of July is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.  Join us in August for the role of the Board of Directors.
  12. Upcoming Webinars:

K2-FIN, Windward, and C4ADS Webinar—New Sanctions Developments in the Maritime Sector: UK Sanctions Shipping Guidance and Venezuelan Shipping in Focus, August 5, 2020 at 10:45 to 11:45 AM EST; with Juan Zarate and Eric Lorber. Registration and Information here.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.