Fcpa Compliance Report

Informações:

Sinopse

Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.

Episódios

  • Mary Inman on DOJ Whistleblower Bounty Program

    25/03/2024 Duração: 17min

    Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Mary Inman, partner at the newly formed Whistleblower Partners LLP. They talk about the new Department of Justice (DOJ) initiative to pay a bounty to whistleblowers. Mary Inman is a well-recognized authority in the realm of whistleblowing programs. In this episode, she focuses on DOJ whistleblower program. Her perspective on the program is cautiously optimistic, acknowledging the potential gains in encouraging whistleblowers to disclose information about financial crimes and corruption. However, she has expressed concerns about certain aspects of the program’s design, such as excluding culpable whistleblowers and limiting the type of information that can be provided. These viewpoints stem from her extensive experience and deep understanding of the complexities involved in implementing effective whistleblower programs. Drawing from her expertise, Inman

  • Jonathan Wilson on the NSBU Decision

    18/03/2024 Duração: 21min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Jonathan Wilson, one of the country’s top experts on the Corporate Transparency Act. We dissect the court decision in the case of the National Small Business Union, which invalidated the CTA and what it might mean for the law going forward. Jonathan Wilson is a well-respected figure in corporate transparency and has established an impressive body of work around the Corporate Transparency Act. He is the founder of FinCEN Report, a company that helps businesses and others comply with the CTA. Wilson’s perspective on the Act hinges on his understanding of its legal implications and practical considerations, warning companies that, despite a recent district court decision, they are still required to meet filing obligations. We take a deep dive into the court opinion, how it applied (or misapplied) US law and explain the need for continued compliance with

  • Mike Lindsey on The CTA and NSBU Decision

    11/03/2024 Duração: 32min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition of the FCPA Compliance Report, Tom welcomes back Mike Lindsey to discuss the Corporate Transparency Act. In a first for the FCPA Compliance Report, after the episode was recorded but before it was posted, the CTA was declared unconstitutional by a Trump appointed US District Judge. We recorded an addendum to consider this court decision invalidating the law. Mike Lindsey, a distinguished corporate and transactional lawyer based at Steinbrecher & Span, has built a solid reputation as an authority on the CTA. Lindsey’s insights into the CTA are influenced by his emphasis on privacy and data security, highlighting the risks correlated with a centralized database potentially accessible via the dark web. From his perspective, the CTA serves as a critical federal law designed to increase transparency around beneficial ownership of corporations and inhibit illegal activities such as money laundering, tax e

  • Erica Salmon Byrne on 2024 World’s Most Ethical Companies Awards

    07/03/2024 Duração: 21min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this special Thursday edition of the FCPA Compliance Report, Tom welcomes Erica Salmon Byrne, Chief Strategy Officer and Executive Chair, at Ethisphere to discuss the announcement of the 2024 World’s Most Ethical Companies Designations and the new Ethics Premium. Erica Salmon Byrne is a renowned figure in ethical business practices, recognized for her significant role in the annual announcement and recognition of the world’s most ethical companies. Byrne views this list as a crucial acknowledgment of companies globally that are making a positive impact, with representation across 20 countries and 44 industries. Her experiences in leading changes to the program’s methodology, such as introducing a third-party management category and a heightened focus on governance and culture, have shaped her perspective on the continuous evolution and improvement of the evaluation process. She sees the list as a valuable tool f

  • Seth Whitelaw on Navigating Life Sciences Compliance

    04/03/2024 Duração: 24min

    Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Seth Whitelaw who has worked in life sciences compliance for over 30 years.   Seth Whitelaw is a seasoned lawyer and compliance officer with a specialization in drug law, particularly within the life sciences industry. He has a unique perspective on regulatory guidance updates in healthcare compliance, shaped by his experiences in developing compliance programs and teaching law. Whitelaw believes that despite technological advancements in healthcare compliance, the role of compliance officers remains crucial. He views them as a necessary check and balance within companies, akin to the role of government in society. Whitelaw emphasizes the importance of addressing industry criticisms and regulatory updates to prevent distractions and ensure companies can focus on their primary objectives. He is a strong advocate for compliance officers, recognizing their vital role in helping compan

  • Tom Fox and Michael Volkov Look at Incentives for Self-Disclosure

    26/02/2024 Duração: 42min

    Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes back Michael Volkov as they take a deep dive into the ABB, Albemarle and SAP FCPA enforcement actions to try and unpack the DOJ’s pivot away from heavy penalties for recidivists to prioritizing self-disclosure above all else.   Volkov's perspective on the Department of Justice's (DOJ) FCPA enforcement actions is both critical and analytical, shaped by his extensive experience. He underscores the necessity of transparency and explanation in the factors considered by the DOJ, highlighting its significance to practitioners in the field. Volkov also recognizes the shift in DOJ policy towards data-driven compliance, requiring companies to provide data to substantiate their conclusions and demonstrate their compliance efforts. He further notes the evolving landscape of voluntary disclosure and remediation, suggesting these areas are now pivotal in the DOJ's enforcement approach. Volkov's

  • Nick Gallo on The Ethics and Compliance Optimization System

    19/02/2024 Duração: 16min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Nick Gallo, co-CEO at Ethico, to discuss its Ethics and Compliance Optimization System. Nick Gallo, co-CEO of Ethico, is a seasoned professional with a robust background in ethics and compliance, and a key player in the development and promotion of Ethico’s ethics and compliance optimization system. Gallo’s perspective on the topic of ethics and compliance optimization systems is shaped by his belief in a comprehensive, integrated approach to managing compliance efforts. He sees this system as a next-generation tool that interacts with other data pools, generating more analytics and insights. His experience has led him to advocate for a centralized repository for various types of business information, which can be accessed by compliance teams for better visibility across all data silos within an organization. Gallo also stresses the importance of automation and integration to

  • Navigating DOJ Investigations: Insights from Joshua Drew

    12/02/2024 Duração: 34min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Joshua Drew, a Member of Miller & Chevalier who practices in the firm’s white collar and FCPA practice areas. Joshua Drew, a seasoned attorney with a rich background in the Department of Justice (DOJ) and the Foreign Corrupt Practices Act (FCPA), recently joined the litigation group at Miller & Chevalier. His perspective on joining the firm is largely influenced by his admiration for the team’s expertise, having interacted with several of the firm’s lawyers during his tenure at Vimple.com, now Veon. He also found the firm’s practice areas, particularly FCPA work and general litigation, to be in perfect alignment with his experience. Moreover, he appreciated the firm’s smaller size, strategic focus, and subject-matter expertise, making his decision to join Miller & Chevalier a no-brainer. To learn more about Joshua Drew’s journey and his insights, join Tom Fox and Joshua Drew on thi

  • Dr. Karen Jacobson on Bridging Cultural Divides for International Success

    05/02/2024 Duração: 30min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, I visited Dr. Karen Jacobson, a renowned expert in organizational leadership and communication. She provides guidance for compliance professionals around leadership. Dr. Karen Jacobson is a seasoned professional with a rich background in healthcare, public speaking, and business consulting. Her perspective on effective leadership and communication in diverse workplaces is shaped by her experiences in war, the military, healthcare, and even her time as a competitive amateur ballroom dancer. Jacobson believes that effective leadership requires understanding and adapting to the needs of different audiences, tailoring communication to resonate with them, and being culturally aware. She emphasizes the importance of leaders adapting their language and communication style based on the audience’s behavior style, emotions, and level of understanding and learning about the customs, language, and etiquette of the cultu

  • Karen Woody on Officers Duty of Oversight

    29/01/2024 Duração: 13min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Professor Karen Woody and they take a deep dive into the Segway case from Delaware. The bottom line is that proving bad faith and breaching the duty of oversight remains a challenging task. The conversation delved into the fiduciary duties of directors and officers, specifically the duty of care and the duty of loyalty. The duty of care requires fiduciaries to be well-informed about material information and exercise prudence in decision-making. On the other hand, the duty of loyalty necessitates undivided interests towards the corporation, with no conflicts of interest or self-dealing. The duty of oversight, derived from the landmark Caremark case in 1996, is an extension of the duty of loyalty. It requires the establishment of information reporting systems and compliance programs to inform senior management and the board about potential issues. There are two prongs to bring a duty

  • Jay Rosen on SAP’s Road to FCPA Compliance

    22/01/2024 Duração: 13min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jay Rosen who discusses the recent FCPA enforcement action involving the software giant SAP. Jay Rosen is a seasoned compliance professional with a deep understanding of the SAP FCPA enforcement case. His perspective on the topic of SAP’s FCPA enforcement case and the importance of cooperation and self-disclosure is shaped by his belief that self-disclosure is paramount in any FCPA investigation or enforcement action. He points out that SAP did not initially self-disclose, but began to cooperate only after investigative reports were made public in South Africa. Despite this, Rosen acknowledges SAP’s commendable efforts in providing regular, prompt, and detailed updates to the fraud section, producing relevant documents, and undertaking extensive remediation actions. He underscores the importance of conducting a root cause analysis, implementing data analytics, and enhancing complia

  • Frank Orlowski on Navigating Challenges in Operating in Emerging Markets

    08/01/2024 Duração: 31min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Frank Orlowski. Frank Orlowski is a seasoned professional with a wealth of experience in managing emerging markets in the pharmaceutical industry, having spent over 25 years at Pfizer Pharmaceuticals. His extensive knowledge, particularly in South America, Middle East Asia, and Eastern Europe, where he faced difficulties in compliance, controls, and adhering to US accounting regulations, has shaped his perspective on managing emerging markets. Orlowski emphasizes the importance of understanding different cultures, regulations, and geopolitical issues when working in these markets. After retiring from Pfizer, he founded the Ation Advisory Group, where he leverages his expertise to assist companies in commercializing products in the life science industry. Join Tom Fox and Frank Orlowski on this episode of the FCPA Compliance Report podcast to gain more insights into managing emerging

  • John Gebauer and John Van Der Wal on Implementing Comprehensive Strategies for Regulatory Rule Compliance

    02/01/2024 Duração: 36min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes John Gebauer, Chief Regulatory Officer at COMPLY, and John Van Der Wal, Senior Director, Compliance Advisory at COMPLY. John Gebauer and John Van Der Wal are seasoned professionals in the financial industry, each with over three decades of experience and a focus on regulatory changes and compliance challenges. Gebauer believes that there is a need for stricter controls and requirements in the ESG space. He emphasizes the importance of firms having the necessary documents and procedures to back up their claims of being ESG advisors. Van Der Wal shares a similar perspective. He stresses the need for more controls and requirements in ESG advising, the importance of vendor due diligence, and the potential of AI and machine learning technologies in preventing inappropriate activity. Both Gebauer and Van Der Wal highlight the importance of staying up-to-date with changing rules and regul

  • Carrie Penman with Insights from The SEC's Office of The Whistleblower Annual Report

    26/12/2023 Duração: 22min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Carrie Penman from Navex with insights from the SEC’s Office of the Whistleblower Annual Report. Carrie Penman is a seasoned compliance professional and writer with a profound understanding of the surge in whistleblower reports and concerns in the SEC’s office. Penman’s perspective on the topic is that the significant rise in whistleblower tips being reported to the SEC is due to high-profile cases where whistleblowers have received substantial financial awards, which has raised awareness among employees and encouraged them to utilize the whistleblower program. She also notes a decrease in internal reporting on accounting-related issues, suggesting that organizations should further examine this trend. Penman emphasizes the importance of addressing retaliation issues and fostering a culture that encourages internal reporting. She advocates for training first-line managers and s

  • Sam Tate on The UK Economic Crime and Corporate Transparency Act

    18/12/2023 Duração: 25min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Sam Tate, partner at RPC, who discusses the UK's Economic Crime and Corporate Transparency Act. Sam Tate is a seasoned partner at RPC, an international law firm specializing in anti-corruption, compliance, and financial crimes. With a rich background in the oil and gas industry, including a stint as the head of anti-corruption at BP, Sam has a unique perspective on the UK's Economic Crime and Corporate Transparency Act and its role in enhancing corporate transparency and accountability. He believes that the Act is a significant development, particularly in its expansion of liability to senior managers and the introduction of a new failure to prevent fraud. These changes, he argues, necessitate a reevaluation and adaptation of companies' compliance programs to safeguard against potential offenses. Join Tom Fox and Sam Tate as they delve deeper into this topic on this episode of

  • Ryan Lougheed on Teamwork and Communication: Lessons from Esports and GRC

    11/12/2023 Duração: 27min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Ryan Lougheed, Director, of Product Management at Onspring. Ryan Lougheed has over twelve years of experience in the Governance, Risk, and Compliance (GRC) field, currently serving as the director of a platform at Onspring, a SaaS GRC platform and business process automation platform. Drawing from his background in esports, Lougheed believes that teamwork and communication are crucial in both the GRC space and the world of esports. He emphasizes the importance of effective and efficient communication, especially in high-stress situations, and believes that these skills can be carried over to a compliance-focused career. In the context of esports, Lougheed explains that communication is vital in a team of five players and that professional esports organizations provide resources such as physical trainers and sports psychologists to support their players' communication skills. He als

  • The Culture Audit™ for Culture Assessments

    04/12/2023 Duração: 29min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Sam Silverstein to talk about the new software product, The Culture Audit™ which allows a compliance professional to perform a culture assessment as required by the Department of Justice. In the ever-evolving corporate world, the importance of assessing and improving corporate culture cannot be overstated. This is the focus of The Culture Audit™, a software tool that provides a comprehensive assessment of a company's culture, identifying potential risks and areas for improvement, developed by Sam Silverstein and the Accountability Institute. Tom views The Culture Audit™ as a valuable tool, especially in light of the Department of Justice's focus on corporate culture in white-collar enforcement actions. He sees culture as a risk that can be assessed, managed, and continuously improved. Sam shares this perspective and with his extensive experience in accountability and leadership, he

  • Alex Cotoia and Daniela Meléndez Communications Compliance

    27/11/2023 Duração: 20min

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Alexander Cotoia and Daniela Meléndez from the Volkov Law Group to discuss the challenges and legal implications of ephemeral messaging in business. Cotoia's perspective emphasizes the significant risks ephemeral messaging poses for companies, particularly in terms of compliance and data preservation. He advocates for proactive measures, such as refining data preservation policies and monitoring all business-related electronic data. Similarly, Melendez, with her extensive knowledge and experience in conducting internal investigations, underscores the potential legal liabilities companies may face if they fail to secure relevant information. She cites real-world examples, like the Google case, to stress the importance of enforcing document preservation policies and educating employees on their responsibilities. Join Tom Fox, Alex Cotoia, and Daniela Meléndez as they delve deeper int

  • Compliance Lessons from Venice - Into The Lion's Mouth

    22/11/2023 Duração: 10min

    In Part 3 of this special 3-episode series, we explore how Venice created the first modern hotline and whistleblower reporting system. Whistleblower and hotline reporting systems in compliance programs are crucial tools for organizations, providing a confidential platform for employees to report misconduct. Fox emphasizes the value of using an external hotline system, which offers an additional layer of anonymity and impartiality and can bring specialized expertise that may be difficult to match within an organization. He also highlights the role of hotlines in collecting detailed information, which can provide greater insight into situations and help protect companies from accusations of negligence or wrongdoing. Furthermore, Fox underscores the need for hotlines to inspire employee confidence, offer on-demand support from subject matter experts, and provide inbuilt litigation support and avoidance tools. Join Tom Fox in this episode of the Compliance Lessons from Venice podcast to delve deeper into the sign

  • Compliance Lessons from Venice - Arsenale and Corporate Culture

    21/11/2023 Duração: 11min

    In Part 2 of this special 3-part series, we continue our look at compliance lessons from Venice by reviewing the Arsenale and corporate culture. The Arsenale district in Venice, a significant maritime hub from the mid-1200s to mid-1400s, serves as a fascinating historical example of compliance program implementation. The district was renowned for its innovative shipbuilding techniques, which were zealously guarded as state secrets through strict regulations and severe punishments for violators. Tom draws parallels between the practices of the Arsenale district and the guidance provided by the DOJ and SEC. He emphasizes the importance of a balanced approach to compliance, incorporating both incentives and discipline. Fox suggests that companies should provide job security, compensation for mishaps, and assistance to families as incentives for employees to remain loyal and compliant, while also using financial rewards, promotions, and acknowledgments as effective tools for incentivizing compliance. Join Tom F

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