Tag: Tom Fox

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Regulatory Ramblings

Regulatory Ramblings: Episode 65 – The Trump Administration’s Decision to Halt FCPA Enforcement – The Implications for Asia and the World with  Tom Fox, Malcolm Nance, and Philip Rohlik 

This episode discusses the recent executive order signed by US President Donald J. Trump instructing the Department of Justice to halt enforcement of the decades-old, much-dreaded Foreign Corrupt Practices Act (FCPA) pending a one-year review. In our initial “Regulatory Ramblings Spotlight” segment, we speak with Philip Rohlik, an American attorney in mainland China with the law firm Debevoise & Plimpton, to get a sense of what the president’s decision means for Hong Kong and the broader Asia-Pacific.

Following that, we have a longer chat on the global implications of President Trump’s move with Tom Fox, a veteran compliance and anti-corruption lawyer, noted FCPA specialist, and podcaster, and Malcolm Nance, a former US naval intelligence officer, counterterrorism specialist, and author.

Philip Rohlik

Philip Rohlik is counsel in Debevoise & Plimpton LLP’s Shanghai office. He is a member of the firm’s White Collar & Regulatory Defense and International Dispute Resolution Groups, and his practice focuses on international investigations, securities law, and dispute resolution. He is recognized by “The Legal 500 Asia Pacific—Greater China” (2024-2025) for his anti-corruption and compliance practice and has been described as “very thorough, “hands-on,” and “excellent investigation lawyer.”

Based in Asia since 2011, Philip leads the firm’s dispute resolution team in Shanghai. He joined Debevoise in 2000, having received his J.D. Magna Cumlaude from the New York University School of Law that same year. He received a B.A. Summa Cum Laude with honors from St. Louis University in 1997.

Tom Fox

Tom Fox is based in West Texas and is a prominent member of the compliance community and one of the most well-known legal practitioners regarding the FCPA. Over the past 15 years, he has been a general counsel and chief compliance officer. He is now an independent consultant, assisting companies with anti-corruption, anti-bribery compliance, and international transaction issues.

He is also the author of the award-winning FCPA Compliance and Ethics Blog and the international best-selling book Lessons Learned on Compliance and Ethics. His podcasts have won numerous W3, Davey, Communicator, and Webby awards for podcasting excellence.

Tom is the author of the seminal text “The Compliance Handbook,” now in its 5th edition published by LexisNexis. In addition to his blog and podcast, he is a columnist for “Corporate Compliance Insights” and a contributing editor to the “FCPA Blog.” He is a well-known and frequent speaker on compliance and ethics issues, social media use, and corporate leadership.

Malcolm Nance

Malcolm Nance is based in upstate New York. He is a 20-year veteran of the US Navy, where he was an intelligence officer, cryptographer, and Russian and Arab language specialist. As a master chief, he was responsible for discipline throughout the ranks.
​
He is best known for his appearances on MSNBC, where he warned about Russian interference in the run-up to the 2016 and 2020 US Presidential elections. Malcolm is also a best-selling author, with his books “The Plot to Hack America,” “The Plot to Destroy Democracy,” “The Plot to Betray America,” and most recently “They Want to Kill Americans,” all of which are well worth reading. Given the radical actions of the second Trump administration, his two most recent books seem eerily prescient. You can discover more from Malcolm at his Substack and his “Black Man Spy” podcast on YouTube.

Discussion:

Three weeks after returning to the White House, US President Donald Trump signed an executive order on February 10 directing the Justice Department to pause prosecutions of Americans accused of bribing foreign government officials while trying to win or retain business in their countries.

Trump’s order pauses enforcement of the nearly half-century-old Foreign Corrupt Practices Act (FCPA) and directs Attorney General Pam Bondi to review current and past actions related to the law and prepare new guidelines for enforcement.

The law, enacted in 1977, prohibits companies that operate in the United States from bribing foreign officials. Over time, it has become a guiding force for how American businesses operate overseas.

“It’s going to mean a lot more business for America,” Trump told reporters while signing the order in the Oval Office at the signing.

Interestingly enough, Trump wanted to strike down the FCPA during his first term in office, calling it a “horrible law” and claiming it made the US the subject of the world’s ridicule and derision.

Anti-corruption watchdog Transparency International said the FCPA made the US a world leader in addressing corruption.

Trump’s executive order “minimizes—and could pave the way for eliminating—the crown jewel in the U.S.’s fight against global corruption,” Gary Kalman, executive director of Transparency International US, said in a statement.

The White House factsheet said that in 2024, the Justice Department and the Securities Exchange Commission filed 26 FCPA-related enforcement actions, and by year-end, at least 31 companies were under investigation.

In the initial segment, Philip Rohlik chats with “Regulatory Ramblings” host Ajay Shamdasani about what the Trump administration’s actions will mean for the fight against bribery and corruption in Hong Kong, Greater China, and APAC writ large. They discuss the possibility that with less FCPA enforcement, the UK Bribery Act (2010) might fill the void to some extent, while acknowledging that the British Serious Fraud Office lacks the resources of the USDOJ to make extraterritorial enforcement a reality.

Philip also shares his advice on what he would tell compliance officers and in-house/general counsel at banking or financial institutions or major corporations in Hong Kong, Singapore, or Beijing. Hint: Now is not the time to relax.

We then turn to the longer conversation portion of the broadcast, where we examine some of the more global, macro-level effects of President Trump’s recent executive order.

Tom and Malcolm shared their visceral responses when they first heard the announcement that the administration would halt FCPA enforcement. Tom asks why Trump took so long because he had raised similar concerns during his first term (2017-21).

They share their concerns about what it will mean for the global fight against bribery and corruption while acknowledging the limitations of the UK Bribery Act. Still, mainland China’s anti-corruption legislation is worth considering as well.

The conversation concludes with Malcolm and Tom advising the legal and compliance professionals serving financial firms and multinational corporations in Asia, the Middle East, and the world more generally. They concur that now is not the time to slack off regarding anti-graft efforts.

They conclude that the FCPA is still a powerful tool. Given the current president’s vindictive and transactional nature, we might expect selective enforcement of the Act under his administration. Indeed, given past experience, it might be inevitable.

Regulatory Ramblings podcasts is brought to you by The University of Hong Kong – Reg/Tech Lab, HKU-SCF Fintech Academy, Asia Global Institute, and HKU-edX Professional Certificate in Fintech, with support from the HKU Faculty of Law.

Useful links in this episode:

You might also be interested in:

Connect with RR Podcast at:

LinkedIn: https://hk.linkedin.com/company/hkufintech 
Facebook: https://www.facebook.com/hkufintech.fb/
Instagram: https://www.instagram.com/hkufintech/ 
Twitter: https://twitter.com/HKUFinTech 
Threads: https://www.threads.net/@hkufintech
Website: https://www.hkufintech.com/regulatoryramblings 

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net

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Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: March 15, 2025

Welcome to the Kerrville Weekly News Roundup. Each week, veteran podcaster Tom Fox and his colleagues Andrew Gay and Gilbert Paiz get together to go over a couple of their favorite stories from the past week from Kerrville and the greater Hill Country. Sit back, enjoy a cup of morning coffee, and listen in to get a wrap-up of the Kerrville Weekly News. We each consider two of our favorite stories and talk about the upcoming weekend’s events, which we will enjoy or participate in this weekend.

In this episode, Tom takes a solo turn to examine some of the stories that caught his attention over the past week.

Stories include:

  • City of Kerrville Economic Development position
  • Rehab department at Peterson
  • New KDT column on aging
  • WWII vet who fought in D-Day and at Bastogne speaks at Notre Dame
  • A beautiful Hill Country weekend

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

The Lead

Kerrville Daily Times

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Charged Up Studio Podcast

From Mic to Money! Podcasting for Profit

Welcome to Charged Up Studio’s latest podcast episode, where we explore innovation and elevation in product development. This month, we continue focusing on taking the Digital Leap: Navigating the Future of Business Transformation.

Tom Fox, CEO and host of the Compliance Podcast Network joined Danna Olivo, host of the Charged Up Studio Podcast, for this episode. Tom Fox is a trailblazer in the podcasting realm, particularly in the niche of compliance and ethics. Through his innovative approach, he has provided a platform for thought leaders to share their expertise and paved the way for monetization within the podcasting landscape.

Stay tuned in to find out some of the lessons learned and tips Tom has to offer on launching and growing a podcast network. Here’s what you can expect to learn:

  • The Power of Podcasting | Why has it emerged as one of the most powerful mediums for communication and engagement in the digital age?
  • Navigating the Compliance Podcast Network | The inception and evolution of this pioneering platform that caters to professionals in compliance, ethics, and corporate governance.
  • Monetizing Your Podcast | Learn the strategies and tactics for monetizing your podcast effectively.
  • Building a Sustainable Podcasting Business | What are the essential ingredients for a sustainable podcasting business model?
  • Future Trends and Opportunities | Gain foresight into the future trends and emerging opportunities within the podcasting industry.

Whether you are a seasoned podcaster looking to enhance your monetization strategies or a newcomer eager to unlock the full potential of podcasting for profit, this episode is a must-listen. Join us as we embark on a journey of discovery and empowerment in podcasting with Tom Fox at Charged Up Studio.

For inquiries or to connect with Tom, reach out through the links below.

linkedin.com/in/thomasfox13
compliancepodcastnetwork.net 
tfox@tfoxlaw.com
832-744-0264

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Greetings and Felicitations

Podfest Expo 2024 Speaker Preview Series – Tom Fox on a Rural Podcast Network

In this episode of the Podfest Expo 2024 Speaker Preview Podcasts series, I discuss my presentation on a Rural Podcast Network at the Podfest Expo. Some of the issues I tackle in this podcast are:

  • The Rural Podcast Network – A new monetization model.
  • Why am I excited to attend the 10th anniversary of the Podfest Expo?
  • Why you should attend PodfestExpo 2024.

I’m hoping you’ll be able to join me at Podfest Expo 2024, which Podfest Global is hosting. This year’s event will be the 10th anniversary and will be held January 25–28, 2024, at the Wyndham in Orlando, Florida. The line-up of this year’s event is simply first-rate, with some of the top names in podcasting.

Podfest Expo is a community of people interested in and passionate about sharing their voice and message with the world through the powerful mediums of audio and video. We’re proud to unite as many people as possible to learn, get inspired, and grow better together.

PodfestExpo is so much more than just a mere conference. While we pride ourselves on featuring the most engaging speakers, exciting topics, and in-depth content, the thing that sets the PodfestExpo event apart from all others is the tight-knit community we’ve been building since 2013. You don’t just attend a Podfest event – you become part of the Podfest family.

Whether you’re new to podcasting or a veteran podcaster looking to innovate and improve your podcast, our easy-to-understand Conference Topics allow you to customize a daily agenda based on what you’re most interested in learning. No matter your skill level or experience, PodfestExpo 2024 has plenty to offer!

I hope you can join me at the event. For information on the event, click here. As an extra benefit to listeners of this podcast, Podfest Expo is offering a discount on the registration price. Enter the discount code, Listener.

Podfest Expo 2024 is a production of Podfest Global, which sponsors this podcast series.

Compliance Podcast Network

Texas Hill Country Podcast Network

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Uncategorized

Authors Over 50 – The Compliance Guy with Tom Fox

My guest today is literally the guy who wrote the book on compliance, “The Compliance Handbook, 4th edition,” published by LexisNexis in 2023.

He has authored 28 other books on business leadership, compliance ethics, and corporate governance, including international best-sellers and an award-winning series, “Fox on Compliance.”
He leads the social media discussion on compliance with his award-winning blog and is the Voice of Compliance, having founded the award-winning Compliance Podcast Network.
Welcome to Authors Over 50, Tom Fox.

EPISODE NOTES

Tom Fox’s Compliance Network

Julia Daily’s Twitter 

Julia Daily’s Facebook

Julia Daily’s Instagram 

Julia Daily’s Linked In 

Julia Daily’s Goodreads 

Authors Over 50 Podcast Links:

Amazon Music

Spotify

Apple Podcasts

Google Podcasts – authors over 50

Julia Daily’s Website

Categories
Corruption, Crime and Compliance

2022 FCPA Year in Review Featuring Tom Fox

2022 saw higher numbers of FCPA enforcement actions, settlements, and criminal prosecutions of individuals. One of the most important developments was the update of policy in the Monaco Doctrine, which was elaborated on in the Monaco Memo, providing important guidance for compliance professionals. Tom Fox joins Michael Volkov to discuss some of the more interesting cases from the past year.

Tom Fox is hailed as the Voice of Compliance, serving and evangelizing for the compliance community for over 15 years. He is the founder and creator of the Compliance Podcast Network where he hosts various podcasts, such as Innovation In Compliance and the ESG Report, and the Executive Leader at the C-Suite Network. 

 

Some ideas you’ll hear them explore are:

  • The DOJ is getting better at communicating with the compliance community through resolution documents like DPA, NPA, and, occasionally, declinations. These documents provide insight into the DOJ’s thinking and approach to cases, which compliance professionals can use to gain a better understanding of how to approach compliance issues.
  • In Tom’s upcoming book, “FCPA Year in Review 2022,” he highlights the KT Corp bribery case, which went back to the basics in its old-school rendition of corruption: bags of cash money. The lesson here is that bribery can be as simple as a $50 slipped into a handshake.
  • In the curious case of Glencore, the FCPA enforcement action taken against them reflects the DOJ’s focus on defective cultures within companies. This case involved multiple enforcement agencies across multiple countries and multiple bribery schemes, rounding up fines and penalties totalling up to $1.1 billion, with $700M for FCPA violations, and $441M for price and market manipulation. Glencore had a culture that was committed to profit at any cost, and the company paid over $100M to third parties knowing that some of the money would be used to bribe officials in various countries.
  • The Oracle case involving bribery and corruption involving gifts, travel, and entertainment should serve as a reminder to companies to review their gift, travel, and entertainment policies and ensure they are aware of how their business officials are spending their travel, per diem, and entertainment money.
  • Avoid hiring third-parties recommended by or at the direction of a state-owned official or executive.
  • The Lisa Monaco memorandum emphasizes the need for effective compliance programs and the benefits of voluntary disclosure, full cooperation, and timely and appropriate remediation. 

 

KEY QUOTE

“Internal controls are not simply due diligence, distributors, et cetera. It goes down to your payments, schemes and how you pay your vendors should all be a part of your internal controls.” – Tom Fox

 

Resources

Tom Fox on the Web | LinkedIn | Twitter | Blog

Categories
Principled Podcast

Season 8 – Episode 12 – Part 2: Geopolitics and the Interconnectedness of Compliance Risks

What you’ll learn on this podcast episode

In this episode of the Principled Podcast, host Susan Divers continues her conversation from Episode 11 with Tom Fox, the founder of the Compliance Podcast Network, on the changing geopolitical landscape and its impact on E&C. Listen in as the two discuss how anti-corruption is a key component of ESG, the consequences of compliance in cybersecurity, and the growing interconnectedness of risks. You can listen to Episode 11 here. 

To learn more, download a copy of Tom Fox’s white paper Never the Same: Five Key Areas in Which Business Will Never Be the Same After the Russian Invasion. 

Guest: Tom Fox

Tom_Fox_grayscale

Tom Fox is literally the guy who wrote the book on compliance with the international compliance best-seller The Compliance Handbook, 3rd edition, which was released by LexisNexis in May 2022. Tom has authored 23 other books on business leadership, compliance and ethics, and corporate governance, including the international best-sellers Lessons Learned on Compliance and Ethics and Best Practices Under the FCPA and Bribery Act, as well as his award-winning series “Fox on Compliance.”

Tom leads the social media discussion on compliance with his award-winning blog, and is the Voice of Compliance, having founded the award-winning Compliance Podcast Network and hosting or producing multiple award-winning podcasts. He is an executive leader at the C-Suite Network, the world’s most trusted network of C-Suite leaders. He can be reached at tfox@tfoxlaw.com.

Host: Susan Divers

Susan_Divers_Principled_Podcast

Susan Divers is the director of thought leadership and best practices with LRN Corporation. She brings 30+ years’ accomplishments and experience in the ethics and compliance arena to LRN clients and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and sharing substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington D.C. and of the National Law Center of George Washington University. In 2011, 2012, 2013 and 2014 Ethisphere Magazine listed her as one the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005-2008. She resides in Northern Virginia and is a frequent speaker, writer and commentator on ethics and compliance topics.

 

Categories
Principled Podcast

Season 8 – Episode 11 – Part 1: Geopolitics are Impacting Workplace Ethics and Compliance Programs

What you’ll learn on this podcast episode

As the world emerges from a pandemic mindset, we confront new geopolitical realities with Putin’s war in Ukraine and increasingly fraught relations between the US and China. How is this geopolitical landscape changing the compliance landscape? In this episode of the Principled Podcast, host Susan Divers is joined by Tom Fox, the founder of the Compliance Podcast Network and aptly accredited “Voice of Compliance.” Listen in as the two discuss the impact of geopolitics on ethics and compliance and what issues should be top-of-mind for E&C leaders in the near future.

To learn more, download a copy of Tom Fox’s white paper Never the Same: Five Key Areas in Which Business Will Never Be the Same After the Russian Invasion.

Guest: Tom Fox

Tom_Fox_grayscale

Tom Fox is literally the guy who wrote the book on compliance with the international compliance best-seller The Compliance Handbook, 3rd edition, which LexisNexis released in May 2022. Tom has authored 23 other books on business leadership, compliance, ethics, and corporate governance, including the international best-sellers Lessons Learned on Compliance and Ethics and Best Practices Under the FCPA and Bribery Act, as well as his award-winning series “Fox on Compliance.”

Tom leads the social media discussion on compliance with his award-winning blog and is the Voice of Compliance, having founded the Compliance Podcast Network and hosting or producing multiple award-winning podcasts. He is an executive leader at the C-Suite Network, the world’s most trusted network of C-Suite leaders. He can be reached at tfox@tfoxlaw.com.

Host: Susan Divers

Susan_Divers_Principled_Podcast

Susan Divers is the director of thought leadership and best practices with LRN Corporation. She brings 30+ years of accomplishments and experience in the ethics and compliance arena to LRN clients and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and sharing substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, recognizing her work advancing the company’s ethics and compliance program.

Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Before that, she partnered with the DC office of Sonnenschein, Nath & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with Theodore Goddard & Co. and Herbert Smith & Co law firms. She also served as an attorney in the Office of the Legal Advisor at the Department of State. She was a member of the U.S. delegation to the UN, working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington D.C., and of the National Law Center of George Washington University. In 2011, 2012, 2013, and 2014 Ethisphere Magazine listed her as one of the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005-2008. She resides in Northern Virginia and is a frequent speaker, writer, and commentator on ethics and compliance topics.

Categories
The Corruption Files

Episode 14 – Walmart with Tom Fox and Michael DeBernardis

Rapid expansion presents great opportunity and great risk.

Tom Fox and Michael DeBernardis go deep into the Walmart bribery case, why immediate cooperation matters, tips for companies to prevent similar problems, the best course of action when working internationally, and projecting risk regardless of industry.

▶️ The Walmart Enforcement action with Tom Fox and Michael DeBernardis. 

Key points discussed in the episode:

  1. Tom Fox lays out the facts of the Walmart case. Michael points out how prevention could have saved millions of investigation costs.
  2. Rapid expansion presents great opportunity and risk. Tom emphasizes that extensive remediation and cooperation can bring significant credit.
  3. Michael explains Walmart’s underwhelming conduct. Tom brings up the congressional investigation, leader exits, and the business implications of publicizing.
  4. Michael shares his advice to avoid Walmart’s case – setting realistic and proper incentives. He also provides hypothetical counsel if he could work with Walmart when the issue broke out.
  5. Michael highlights the importance of timeliness, engaging with regulators as early as possible, and providing FCPA training when asked.

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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.

Categories
The Corruption Files

Episode 13: Avon China Bribes

When beauty company Avon Products Inc. was charged in 2014 with violating the Foreign Corrupt Practices Act (FCPA) due to failure to detect and prevent bribery acts happening in China, they settled for ten times more than the cost they paid for in “gifts.”

Today, the FCPA investigation and enforcement action still stand as one of the most interesting cases for companies and compliance professionals to learn much from.

Tune in to this new episode of The Corruption Files — The Avon China Bribes with Tom Fox and Michael DeBernardis.

Key points discussed in the episode:

  1. Tom Fox shares the background facts on such an “insane case,” with the investigation almost as interesting and important as the resolution.  
  2. Michael DeBernardis states that Avon China Bribes the grandfather case for a couple of other similar FCPA cases. 
  3. The internal audit department identified this issue of paying gifts and recommended FCPA training for the team, which did not push through due to the lack of budget.
  4. In-fighting or territoriality is not surprisingly uncommon at big companies, leading to compliance and corruption problems. 
  5. Tom cites how in 2012, the government became so frustrated with Avon that they started issuing grand jury subpoenas for individuals. 
  6. A key part of the corporate process is to have systems that talk to each other. And if you don’t, the costs can be astronomical. 
  7. Avon’s $8 million in bribes led to $500 million in pre-settlement costs, $135 million in settlement costs, and $250 million in post-settlement resolutions.  
  8. Tom reminds companies that if there’s a potentially high reward, it generally means there’s a high risk.
  9. Michael emphasizes that Compliance budgets can be tight, but skipping small training can catch up with you in the long run. 

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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.