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Daily Compliance News

April 19, 2023 – The Clarence Thomas Corruption 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 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.

Stories Include:

  • Clarence Thomas and corruption at Supreme Court. (Politico)
  • Customers want less products made in China. (FT)
  • Cognizant Tech former execs challenge investigation. (Reuters)
  • SFO pushes on charging Glencore traders. (Bloomberg)
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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 1

What happens when two top compliance commentators get together? They talk compliance, of course. Join Kristy Grant-Hart and Tom Fox for their new podcast, 2 Gurus Talk Compliance! But it is not simply Kristy and Tom talking about compliance. In this podcast series, Kristy and Tom also review other top commentators in compliance. In this podcast, we will consider all things compliance, corporate ethics, ESG, governance, and whatever else is on our minds and the minds of other experts in the field. Kristy and Tom explore all of these topics with expertise and wit.

In this inaugural episode, they discuss the latest compliance trends and news, including two Supreme Court cases that have implications for the compliance profession. They also cover the Department of Justice and whistleblower trends, taking a look at Miranda and Upjohn’s warnings and increasing numbers of whistleblower reports to the SEC. They also dive into an article from the Harvard Law School Forum on corporate governance and discuss the Illinois Biometric law. Join the conversation and discover the latest on compliance and regulations with 2 Gurus Talk Compliance.

Highlights Include

The Role of In-House Attorneys in Communication Between Outside Counsel and Businesses [00:05:17]

Supreme Court Decision on the Future of the CFPB [00:09:11]

Impact of the Colorado Draft Regulation on Artificial Intelligence Compliance Programs [00:13:23]

The Benefits of Automated Data Deletion [00:17:23]

A Miranda component to corporate Upjohn Warnings [00:21:25]

The Obligation of Society to Address Climate Change [00:25:33]

The Benefits of Self-Disclosure in the DOJ Justice System [00:29:18]

The Role of the Board in Overseeing Third Parties in High-Risk Countries [00:33:14]

The Impact of Whistleblowers on the SEC [00:40:54]

White Castle’s Violation of Illinois Biometric Law [00:45:05]

Notable Quotes

  1. The DOJ is urging a federal judge to sanction Google’s parent, Alphabet, for its practice of setting employee chats to auto delete despite promising to preserve records.”
  2. “It goes beyond the specifics of this law, something you and I have talked about for several years now, that the compliance function and the CCO is well perhaps the most well-suited corporate discipline to deal with these new initiatives because it’s the basic framework of compliance that you and I have worked with for 15 years.”
  3. “Most compliance programs just don’t have good frameworks for things like AI or for big data even though we’ve been using that word for a long time.”

Resources

  1. Boards and 3rd Party Risk Oversight
  2. CO Draft AI Rules for Insurance
  3. Miranda Warnings in Corp Investigation
  4. Current whistleblowing landscape
  5. Has the stature of the CCO changed? 
  6. Analysis of the DOJ’s update to the self-disclosure program
  7. Supreme Court considering defunding the CFTC
  8. Trends in state privacy law   
  9. Litigation holds and records retention/Google/DOJ  
  10. Individuals charged – first enforcement action 2023 

Connect with Kristy Grant-Hart on LinkedIn

Spark Consulting

Connect with Tom Fox on Linkedin

Categories
FCPA Compliance Report

Mary Inman on Top FCA Recoveries and Issues from 2022

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by with Mary Inman, a partner at Constantine Cannon. We discuss the recently released US Fraud statistics and preventative measures with Inman. Inman explains that the US Department of Justice put out statistics on the False Claims Act for 2022, with healthcare dominating the recovered funds. Inman discusses how whistleblowers can still launch cases, even if the government does not join in, and encourage listeners to report fraud to their respective insurance departments if it later results in higher premiums for their organizations.

Key Topics:

·      The Increase of Managed Care Plans in Medicare [00:04:16]

·       The Power of Whistleblowing and the Impact of Joining Government Cases [00:08:19]

·      Medicare and Medicaid Fraud in California and Florida [00:12:21]

·       Impact of Insurance Fraud on Premiums [00:16:44]

·      The False Claims Act and the Escobar Decision [00:26:09]

Notable Quotes

1.      “And they were basically paying kickbacks to their they know who the physicians are, who are the largest prescribers of their drugs. And they were paying kickbacks to encourage them to basically discourage them from prescribing their competitors’ products and to direct it to them.”

2.     “What happened here is that Mallinckrodt improperly calculated their rebate by claiming that the drug they developed in 1990 was a new drug in 2013. And so that allowed them to greatly decrease the amount of the rebate they would have owed to the Medicaid program.”

3.    “It’s another kind of false billing scenario. It was notable to me that we had 2 big settlements.”

4.     “The whistleblower had accused the Association of shifting costs that it shouldn’t have reimbursed onto the Florida Medicaid program.

 Resources:

Mary Inman on Linkedin

Constantine Cannon

Tom Fox on LinkedIn

Categories
Daily Compliance News

January 20, 2023 – The More SCt Corruption 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 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.

Stories we are following in today’s edition of Daily Compliance News:

  • Supreme Court fails to ID leaker. (NYT)
  • Bitzlato was charged with money laundering. (WSJ)
  • Former Fox execs paid bribes, witness testifies at trial. (Reuters)
  • Elon Musk tweets take center stage in ‘funding secured’ trial. (TheVerge)
Categories
Daily Compliance News

May 18, 2022 the SCt Makes Corruption Easier Edition


In today’s edition of Daily Compliance News:

  • Supreme Court makes corruption easier. (WaPo)
  • Musk wants clarity before moving forward. (NYT)
  • Zuma trial delayed again. (YaHooNews)
  • Guatemalan AG involved in corruption. (BBC)
Categories
Daily Compliance News

May 4, 2022 the May the 4th Be With You Edition


In today’s edition of Daily Compliance News:

  • SEC to hire more crypto fraud enforcers. (WSJ)
  • Who needs a business plan? (NYT)
  • Failures of UK sanctions. (FT)
  • SCt to overturn Roe v. Wade? (Reuters)