Categories
Daily Compliance News

February 29, 2020, the Velvet Rope edition


In today’s edition of Daily Compliance News:

  • Is the US now a caste society? (NYT)
  • Is your organization fit to compete in today’s economy? (WSJ)
  • Another SFO trial loss. (WSJ)
  • It’s not nice to fool Mother Nature (or mock regulators). (WSJ)
Categories
FCPA Compliance Report

Airbus-Part 3, Jonathan Armstrong on the UK-SFO Enforcement


In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 3, Jonathan Armstrong considers the UK’s Serious Fraud Office role in the enforcement involving Airbus.
Highlights include:

  • The transparency in the UK-Deferred Prosecution Agreement process allows greater information to for the compliance professional.
  • What are the key differences in the UK and US DPA process?
  • The breadth and scope of the UK investigation.
  • The UK-DPA is not the end of the story as there may well be significant individual enforcement actions going forward.
  • What does Airbus mean for the new SFO style of anti-bribery enforcement action?

Resources
Cordery Compliance Client Alert on the Airbus enforcement action here.

Categories
Daily Compliance News

January 28, 2020, the Data Privacy Day edition


In today’s edition of the Daily Compliance News:

  • SFO goes to trial in SBM Offshore/Unaoil bribery trial. (Bloomberg)
  • Eagle Shipping settles trade sanction violations. (WSJ)
  • Hacker who leaked FIFA docs also leaked Isabel Dos Santos docs. (NYT)
  • Pentagon against tightening restrictions on Huawei. (Washington Post)
Categories
Daily Compliance News

November 26, 2019, the Uber Loses its License (again) edition

In today’s edition of Daily Compliance News:

  • Petrofac identified as Unaoil client and under SFO investigation. (The Guardian)
  • Uber license not renewed in London. (NYT)
  • Feds charge former executives of startup Outcome Health with fraud. (WSJ)
  • Alstom’s UK sub ordered to pay $21.2MM for corruption in Tunisia. (WSJ)
Categories
This Week in FCPA

Episode 171 – the Jay Clayton Speaks (or not) edition

As SEC Chair Jay Clayton scolds the rest of the world for its lack of anti-corruption enforcement and does say why he wants to dump a PCAOB Member, Tom and Jay are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. SEC Chair scolds weak overseas anti-corruption enforcement. Dave Micheal reports in the WSJ Risk and Compliance Journal.
  2. Why does SEC Chairman want to get rid of PCAOB member, Kathleen Hamm? Francine McKenna explores in MarketWatch.
  3. Fair Pay to Play? California pass law allowing college athletes to be compensated. Michael McCann reports in com.
  4. Did the SFO put in a ‘self-certification’ requirement in its recent Guidance on Cooperation? Aziz Rahman says yes in the FCPA Blog.
  5. How can independent integrity monitors help to limit adverse consequences in health care? Jay concludes his series on monitors in the health care industry in CCI.
  6. NYU PCCE gets new Executive Director as Alycin Cooley joins the group. NYU Compliance and Enforcement Blog.
  7. How can you process personal employee data under GDPR? Laura Wright, Sarah Greenwood and Andrew Reeves opine in the FCPA Blog.
  8. What happens when employees ethical values are greater than those shown by their employer? Michael Toebee explores in an interesting post on CCI.
  9. One commentator suggests we hold back on international enforcement against bribe-takers. Anton Moiseeineko writes in theFCPA Blog.
  10. Tom continues his preview of the Converge19 speakers in a special bonus series of podcasts on the Compliance Podcast Network. Check out the following: Monday-Ricardo Pellafone and Ashley Lewis on Building Your Brand; Tuesday-Michael Williamson on moving to a values based culture; Wednesday-Mike Volkov on the Nuts and Bolts of Sanctions Compliance; Thursday-Nicole Pitts on Increasing Employee Engagement and Friday- Eric Feldman on the CCO’s role in performance management. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand theCompliance Podcast Network.
  11. The Everything Compliance gang will be doing its first live podcast at Converge19. You should be there! Listeners to this podcast can obtain a complimentary ticket by using the promotion code foxvip, for registration and information, click 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. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

Categories
Daily Compliance News

Daily Compliance News: July 3, 2019, the SFO drops another investigation edition

In today’s edition of Daily Compliance News:

  • Why did the SFO drop its investigation into the principals of Unaoil? (The Guardian)
  • Walmart compliance professional nominated to federal bench. (Radical Compliance)
  • Two more charged in PetroEcuador bribe case. (FCPA Blog)
  • CFTC awards two whistleblowers. (CFTC Award)
Categories
Daily Compliance News

Daily Compliance News: June 5, 2019-the SFO lives edition

In today’s edition of Daily Compliance News:

  • KPMG Director accused of bullying steps down?(FT)
  • The SFO fines F.H. Bertling Ltd. £850,000 for role in Angola bribery. (WSJ)
  • SEC files charges against unregistered $100 million crypto token offering.(MarketWatch)
  • SEC issues joint whistleblower award. (FCPA Blog)
Categories
Daily Compliance News

Daily Compliance News: March 28, 2019-the SFO sued edition

MARCH 28, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

Categories
Everything Compliance

Everything Compliance-Episode 43, the Cohen Testifies edition-Part 2

Welcome to the only roundtable podcast in compliance. This episode is the conclusion of a special two-part episode. Today, in Episode 43 Jonathan Armstrong and Matt Kelly weigh in on issues that are on their collective minds. Last week, in Episode 42 Mike Volkov and Jay Rosen sounded off. Shout outs (and no rants) followed Part 1 in Episode 42.

  1. This week, Jonathan Armstrong discusses the UK Serious Fraud Office’s conclusion of its this week, Matt Kelly considers the continued taunting tweets from Elon Musk, the SEC’s request for a federal court to hold Musk in contempt from his prior SEC settlement over the ‘funding secured’ tweet and what all this may mean for the SEC going forward.
  2. This week, Matt Kelly considers the continued taunting tweets from Elon Musk, the SEC’s request for a federal court to hold Musk in contempt from his prior SEC settlement over the ‘funding secured’ tweet and what all this may mean for the SEC going forward.
  1. Last week Mike Volkov used the Cohen testimony to the House Oversight Committee to explain the process of Congressional oversight, including how a company or witness is called to testify, the testimony preparation process and the testimony process.
  1. Last week, Jay Rosen talked about the DOJ focus on new industries for FCPA investigations including Major League Baseball teams and universities and colleges.

The members of the Everything Compliance panelist are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
  • Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.
For additional reading see: Cordery Compliance client alert Rolls Royce Case Sends a Strong Signal

Categories
Everything Compliance

Everything Compliance-Episode 42, the Cohen Testifies edition-Part 1

Welcome to the only roundtable podcast in compliance. This episode is Part 1 of a special two-part episode. Today, in Episode 42 Mike Volkov and Jay Rosen sound off. Next week, in Episode 43 Jonathan Armstrong and Matt Kelly weigh in on issues that are on their collective minds. Shout outs (but no rants) follow this episode only after the commentators say their peace.

  1. Mike Volkov uses the Cohen testimony to the House Oversight Committee to explain the process of Congressional oversight, including how a company or witness is called to testify, the testimony preparation process and the testimony process. Volkov then flips it around to evaluation the questioning and interrogation style of the Representatives. Volkov gives his first ‘in-anticipation’ shout out to OFAC who is coming out with its recommendations on a best practices compliance program.
  2. Jay Rosen talks about the DOJ focus on new industries for FCPA investigations including Major League Baseball teams and universities and colleges. Jay shouts out to the podcast “The Dropout” which tells the tale of disgraced and fallen Theranos founder, Elizabeth Holmes.
  3. Next week Jonathan Armstrong will discuss the UK Serious Fraud Office’s conclusion of its investigation into the individuals at Rolls Royce and GSK. Jonathan shouts out to the Dutch anti-corruption investigators and enforcers who have recently increased not only their collective vigilance but their investigations and prosecutions.
  4. Next week, Matt Kelly will consider the continued taunting tweets from Elon Musk, the SEC’s request for a federal court to hold Musk in contempt from his prior SEC settlement over the ‘funding secured’ tweet and what all this may mean for the SEC going forward. Matt shouts out to Lyft and Uber who are offering list price stock to a select group of long-time employees in their respective IPO debuts.

The members of the Everything Compliance panelist are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
  • Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.
For additional reading see: David Chaikin and Kurt Wolfe’s article in Law360, entitled, “Potential New FCPA Enforcement Targets Come Into Focus”.
Check out the podcast from Jay’s shout out, The Drop Out.