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Putin's Oil Heist

Putin’s Oil Heist Episode 3: The Theft of Yukos


“We really didn’t have much of a choice, as one of the largest oil companies in the world, other than continuing to run it and implement our strategies.” Yukos was left reeling after their CEO was arrested. Putin’s Oil Heist is an insider’s account of the Yukos Affair. In this episode, host Loren Steffy follows up on the arrest of Mikhail Khodorkovsky and the theft of Yukos with first-person accounts from Bruce Misamore, former Chief Financial Treasurer.

Learn about:

  • The incarnation of Misamore’s worst fear. In the months after the arrest, Vladimir Putin made his thoughts on foreign executives like Misamore running one of Russia’s biggest oil companies very clear. He levied large tax charges on Yukos, and despite being cleared by Russian tax authorities, they were under fire two months later from a random tax assessment that totaled some $30 billion. Khodorkovsky attempted to distance himself from Yukos after his arrest to avoid dragging the company down with him, disposing to his partners all his shares in an attempt to keep the Kremlin away from Yukos. Unfortunately, it did not work. 
  • Khodorkovsky’s threat to Putin. By 2003, Putin had viewed Khodorkovsky as a political rival. Taxes were Putin’s weapon of choice for eliminating political threats. Even before his arrest, Yukos was facing inquiries from Russian tax authorities about the state of its taxes. 
  • The fabrication of fraud. The government began assessing taxes on Yukos going back four years, and the numbers kept growing. In some of the years, the tax assessments exceeded the company’s gross revenue – it was all clearly fake. Still, trying to battle the tax claims in court proved futile, as the judges were quite literally told over the phone how to rule.
  • Misamore’s efforts to save Yukos. Thwarted at every turn, Misamore decided to go on the offensive as much as he could. He called one of Yukos’ international lawyers asking how to protect their rights in Russia, and they came up with the European Court of Human Rights. They hired a specialist attorney and filed a case against Russia in April 2004, which they ended up winning. Despite this, however, Yukos’ assets were frozen, and the company was drained of resources by the repeated tax levies and penalties. The final blow came from Rosneft,the state-controlled oil giant. Rosneft used a syndicate of lenders to force Yukos into bankruptcy using the loans that the banks had made to Yukos for oil export contracts. Misamore, though, wasn’t about to give up.

 
Resources
Loren Steffy on LinkedIn
Stoney Creek Publishing
 

Categories
Compliance Into the Weeds

Impacts on Compliance of Russian Invasion of Ukraine

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 some of the impacts on compliance from the Russian invasion of Ukraine. Highlights include:

·      How will the invasion impact your Supply Chain?

·      What are the attributes of a compliance program that can lead your corporate response?

·      What about cyber?

·      Will all this lead to a more holistic ERM response?

Resources

Matt in Radical Compliance

Categories
Compliance Into the Weeds

A Ukrainian Compliance Professional-Tim Khashinov-Batirov

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 visit with our Ukrainian colleague Tim Khashinov-Batirov. Tim is well-known in the worldwide compliance community as Compliance Man. He is currently a refugee in The Netherlands at the time of this recording. In this episode, Tim talks about his escape from Ukraine, what life has been like as a displaced person in Europe, the current and burgeoning refugee crisis and some things that we in America can do right now to help those still in Ukraine and those who are refugees. Other topics we consider include:

·      How the bonds of brotherhood between Russia, Belarus and Ukraine may have been permanently destroyed?

·      What do ordinary Russians think about the invasion?

·      Armies like companies run on culture. Why and how has the corruption in the Russian Army hollowed out its culture from the inside?

·       The leadership of President Zelensky and his impact on the Ukrainian people.

·      The negative leadership of Russia President Putin.

Resources for Donations for Ukraine and Ukrainians
UNICEF
Salvation Army
Red Cross

Categories
Everything Compliance

Episode 95, the Russia Invades Ukraine Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox and Matt Kelly. We dedicate the entire episode to compliance issues arising from the Russia invasion of Ukraine. We conclude with our fan favorite Shout Outs and Rants.

  1. Karen Woody considers the impact of corruption in both Russia and Ukraine going forward. Karen shouts out to the Ukraine’s U.N. Ambassador Sergiy Kyslytsya for his impassioned plea for Russia to stop its invasion of his country this week, at the United Nations.
  1. Matt Kelly looks at the export control issues and sanctions issued by the US and its allies in this arena. Kelly shouts out Jackson Reffitt, who testified against his father in his father’s Capital Insurrection trial.
  1. Jonathan Marks discusses the sanctions which have been levied by the Biden Administration, how to assess this evolving risk and the role of the Board in managing this risk. Marks rants about Bob Blaffert (again)  and shouts out to Sonny Johnson, an autistic basketballer who made the game winning shot that helped his team win its final game of the season.
  1. Jonathan Armstrong looks at how the shooting war in the Ukraine has spilled over into a cyber war across the globe. Armstrong shouts out to Paddington Bear for giving comfort to refugees across the globe and to the voice of Paddington Bear, Ukrainian President Zelensky.
  1. Tom Fox shouts out to the Texas GOP for stopping AG Ken Paxton from renomination in the party’s primary and for forcing him into a run-off with George P. Bush.

 The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Everything Compliance - Shout Outs and Rants

Everything Compliance – Shout Outs and Rants from Episode 95


The gang is back with fan favorites shout outs, and rants. This episode includes:

  1. Karen Woody shouts out to Ukraine’s U.N. Ambassador Sergiy Kyslytsya for his impassioned plea for Russia to stop its invasion of his country this week at the United Nations.
  2. Jonathan Armstrong shouts out to Michael Bond for creating Paddington Bear to give comfort to refugees across the globe and for the voice of Paddington Bear, Ukrainian President Zelensky.
  3. Matt Kelly shouts out Jackson Reffitt, who testified against his father in his father’s Capital Insurrection trial. He also announced a Boston Compliance Group meet-up where donations for Ukraine will be taken and matched by both Radical Compliance and the Compliance Podcast Network.
  4. Jonathan Marks shouts out to Sonny Johnson, an autistic basketballer who made the game-winning shot that helped his team at John Marshall Middle School win the last game of the season against Fremont Academy.
  5. Tom Fox shouts out to the Texas GOP for stopping AG Ken Paxton from renomination in the party’s primary and for forcing him into a run-off with George P. Bush.
Categories
Sunday Book Review

March 6, 2022 the Russia/Ukraine edition


In today’s edition of Sunday Book Review:

  • Bloodlands by Timothy Snyder
  • Red Famine by Anne Applebaum
  • Ukraine’s Nuclear Disarmament by Yuri Kostenkov
  • The Frontlines: Essays on Ukraine’s Past and Present by Serhii Plokhy
Categories
Daily Compliance News

March 5, 2022 the Amazon Pushes FTC Edition


In today’s edition of Daily Compliance News:

  • CFOs pull IPOs. (WSJ)
  • Getting cash into Ukraine becoming more problematic.  (WSJ)
  • Amazon tries to force FTC’s hand. (WSJ)
  • DOJ to ramp up hiring to fight white collar crime. (WSJ)
Categories
EMBARGOED!

EMBARGOED! Episode 45: Russia Invades Ukraine and Triggers the Biggest Week in Economic Sanctions History

After a tumultuous and historic week, Brian and Tim gather themselves to discuss the U.S. (and global) response to Russia’s invasion of Ukraine. They start by diving in to the broad, coordinated economic sanctions aimed at debilitating Russia’s financial sector and Putin’s inner circle, debate how well the new measures will work, and contemplate what could be coming next. They next turn to the significant expansion of export controls implicating Russia and discuss the likely impact. Finally, in the Lightning Round, Brian and Tim bid farewell to DOJ’s China Initiative and read between the lines to decipher DOJ’s ongoing priorities.

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Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
***Stay sanctions free.***

Categories
This Week in FCPA

Episode 293 – the Ukraine Hangs On edition


As Ukraine hangs on from the Russian invasion, Jay is on assignment so fan fav Kristy Grant-Hart joins this week as a co-host with Tom to look at some of the week’s top compliance and ethics stories from the impact of the Ukrainian crisis in the Ukraine Hangs On edition. 
Stories

  1. What Russia invasion means for companies and compliance. Tom with a series in the FCPA Compliance and Ethics Blog. Matt Kelly in Radical Compliance.
  2. Dick Cassin says sanctions may lead to more corruption in the FCPA Blog.
  3. Jaclyn Jaeger looks at supply chain disruption and issues in Compliance Week (sub req’d)
  4. Matthew Murray asks if Putin invaded Ukraine to advance corruption, in GAB.
  5. Chasing oligarchs’ money, from the Washington Post.
  6. The Swiss approach to Ukraine crisis. Mark Pieth in Risk and Compliance Europe.
  7. Mike Volkov focuses on new and evolving sanctions, in Corruption Crime and Compliance.
  8. Economic nationalism and corporate governance. Martin Geller, in Harvard Law School Forum on Corporate Governance.
  9. Illicit finance and High-value art. Sullivan & Cromwell lawyers in Compliance and Enforcement.
  10. The invasion and cybersecurity. Jonathan Armstrong in Cordery Compliance.

Podcasts and More

  1. In March on The Compliance Life, I visit with Audrey Harris, Managing Director at AMI, formerly CCO at BHP. In Part 1, she discusses her academic background and early professional career.
  2. On the FCPA Compliance Report, Tom has a 2-part series with Trade Compliance guru Matt Silverman on the full extent of possible Russia sanctions (Part 1) and the corporate response you need to make (Part 2).
  3. Tom and Loren Steffy look energy issues and fallout from the Russian invasion in Greetings and Felicitations.
  4. Tom and Matt Kelly take a deep dive into the compliance weeds about the Russian invasion on Compliance into the Weeds.
  5. Silvia Surman devotes the entire week to Russian trade sanctions and economic issues in The Compliance Kitchen.
  6. Tom celebrates Texas Independence Day and the anniversary of the Alamo in a podcast with Don Frazier, Executive Director of the Texas Institute at Schreiner University on The Hill Country Podcast.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Kristy Grant-Hart is Compliance Kristy and can be reached at kgranthart@sparkcompliance.com.

Categories
Greetings and Felicitations

Loren Steffy on the Energy Issues from the Russia Invasion

Welcome to the Greetings and Felicitations, a podcast where I explore topics which might not seem to be directly related to compliance but clearly influence our profession. In this episode, I visit with business journalist and long-time energy issue reporter Loren Steffy about what the Russia invasion of Ukraine means for the world energy scene. Highlights include:

·      Russia is the second largest oil exporter after Saudi Arabia.
·      Russia provides 40% of the energy for the EU.
·      60% of Russian GDP comes from energy production and sale.
·      What will be the response of US producers?
·      What will this mean for shale production?
·      Where does LNG fit into all this?
·      Can the US upgrade its energy infrastructure?
·      What about a US energy policy?
Resources
Loren Steffy in Forbes.com
30Point.com