Everything Compliance

Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jay Rosen, Matt Kelly, Jonathan Armstrong and Tom Fox. Rants and shouts outs follow the commentary for this episode.    Jay Rosen takes a look at the recent white paper by ECI President Dr. Pay Harned on the new DOJ Evaluation of Corporate Compliance Programs and ECI’s High Quality Compliance Programs. Jay shouts out to Preet Bharara’s podcast “Stay Tuned”.Jonathan Armstrong considers the Sarclad Deferred Prosecution Agreement the SFO’s failures in prosecuting individuals former company employees. Jonathan shouts out to those who talk about mental health issues in public.Tom Fox considers the lessons learned from the TechnipFMC and Microsoft FCPA settlements. Tom shouts out to his fellow Southerner Moscow Mitch and his invitation to Mr. Putin to come on over during the next presidential election.Matt Kelly considers the lessons from the recent Facebook settlements with the FTC and SEC. Kelly shouts out to Federal Reserve examiners who reviewed tech vendors at banks they were auditing.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at [email protected] 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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and Sarah Hadden. Rants and shouts outs follow the commentary for this episode.    Jay Rosen considers why governmental entities other than the federal government benefit from independent integrity monitors in their oversight capacity. This includes state AGs, state regulators, counties, cities and school districts. Jay reflects on the anniversary of his father’s death and shouts out to his memory for all the great advice he got from him.Jonathan Armstrong considers how the ICO has bared its teeth in two recently proposed enforcement actions for data breaches; British Airways and Marriott. Jonathan shouts out to the England team which won the recently concluded Cricket World Cup and to the graciousness in defeat of the New Zealand team which lost in heartbreaking fashion.Sarah Hadden reflects on her six-month ride as owner/publisher of Corporate Compliance Insights. Hadden shouts out to a team of a female filmmakers who have formed One Vote at a Time dedicated to the eradication of gun violence. Not only do they believe in a future free of gun violence but they deploy skills to elect legislators at all levels of government to fight for it.Matt Kelly considers the compliance lessons from the Trump Administration’s detention camps on the US/Mexico border. Kelly rants about the USOC which is hiring its very first CCO. He also notes that it took him six clicks to find the USOC Code of Conduct on the Commission’s website.Mike Volkov discusses the new DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. Volkov shouts out to the Greater Houston Business and Ethics Roundtable (GHBER) as a model for local business ethics groups.Tom joins in a shout out to the author Andrea Camilleri, who at the age of 69, took up mystery novel writing and came up with the Inspector Montalbano detective books.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at [email protected] 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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. In this episode, we conclude a two-part episode where we consider the Trump Administration and Compliance, Part 2. In our prior episode, Part 1 Sarah Hadden, Mike Volkov and Matt Kelly as gave their views. This episode features Jay Rosen, Jonathan Armstrong and your host, Tom Fox.    

 Jay Rosen considers the evolution in the DOJ’s thinking about corporate compliance programs from the Benczkowski Memo in October 2019 to the Evaluation of Corporate Compliance Programs, 2019 Guidance, issued in April 2019. Jay shouts out on those who help out.Jonathan Armstrong discusses the wild swings in US trade policy, and the administration’s overall antipathy to the EU and UK trade regimes, data protection laws and commerce in general. Jonathan rants on British politicians whose admissions of recreational drug use could keep them from entering the US.Tom Fox considers what the three top enforcement actions from the first half of the year tell us where DOJ enforcement may be headed. Fox rants about the petty criticism of the DOJ’s Evaluation of Corporate Compliance Programs. Fox rants on 24-hour helplines which are not working numbers.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at [email protected] 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. Now it is part of C-Suite Radio.

Check out Part 1 of this two-part series here. 

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. In this episode, we begin a two-part episode where we consider the Trump Administration and Compliance, Part 1. This episode includes Sarah Hadden, Mike Volkov and Matt Kelly. Our next episode will feature Jay Rosen, Jonathan Armstrong and your host, Tom Fox.    

Sarah Hadden bemoans the death of privacy and explains how the Number 7 has come to haunt her in the modern world of advertising algorithms. Sarah shouts out to the resistance to the Surveillance State and Surveillance Capitalism.Matt Kelly considers both where the SEC has been and is headed in its rollback of SEC 404 protections and the SEC changes to its whistleblower provisions under Dodd-Frank. Matt treats us to a double shot of rants today as he cannot control himself on the subject of the Trump Administration calling sub-regulatory guidance from the DOJ worthless “paper” while continuing to issue Guidance such as the 2019 Guidance for Compliance Programs. He also rants about the Dutch Data Protection Authority who violated GDPR in a recent release of data and then failed to timely report said breach (to themselves).Mike Volkov goes hyperbolic in his discusses of the new OFAC compliance program and the current state of OFAC sanctions. Mike rants about the petty criticism of the DOJ’s Evaluation of Corporate Compliance Programs.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at [email protected] 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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

1. Sarah Hadden considers the behavioral side of ethics and how this needs to be incorporated more fully into a compliance regime.  Sarah shouts out to the University of Texas, McCombs School of Business (Hook ‘Em) and its online video series entitled Ethics Unwrapped.   2. Matt Kelly considers the current state of whistleblower programs. He asks if corporate legal departments will support the fix to Dodd- Frank after the Digital Realty Trust ruling? Matt shouts out to smaller law firms and companies having more focused compliance events.   3. Jay Rosen tells you everything you wanted to know about monitors but were afraid to ask. Jay shouts out to House Speaker Nancy Pelosi for her slap down of AG William Barr.  4. Mike Volkov discusses the new OFAC compliance program and the current state of OFAC sanctions. Mike shouts to the recently concluded ECI national conference Impact 2019. 

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and our newest colleague, Sarah Hadden. We take on one topic which the panelist explores from their expertise. The topic is the Justice Department’s Evaluation of Corporate Compliance Programs-2019 Guidance which was recently released.

Sarah Hadden puts on her journalist hat to consider the 2019 Guidance in the context of transparency by DOJ in releasing this information critical for compliance going forward. Sarah rants on all those in the Everything Compliance gang who attended the ECI Impact 2019 conference in her hometown of Dallas and did not reach out to connect with her. (And we know who we are)Matt Kelly considers some different questions such as: Is there anything new? Does it mean any difference in practice? Is it simply a way to wipe out one of the core legacies of Hui Chen? Matt rants on the Trump Administration which said only a couple of weeks ago said it was cracking down on Agency and Department Guidance and literally turns around and issues the 2019 Guidance. Which is it guys?Jay Rosen discuss the original Benczkowski Memo as a precursor to the new 2019 Guidance and how the Benczkowski Memo lays out a roadmap to avoid a monitor by using pro-active assessments. Jay shouts out to the Boston Red Sox for reaching .500. (Matt chastises Jay for now jinxing the Sox)Mike Volkov discusses how the Justice Department is using the state of compliance programs not only at time of violation but also at time of conclusion to reward companies with lower penalties. Mike shouts out to both Brian Benczkowski/DOJ for this new FCPA Compliance Guidance and the Department of Treasury for OFAC guidance around money-laundering and trade sanctions compliance programs.Jonathan Armstrong compares and contrasts the 2019 Guidance document with the information released by SFO on compliance programs. He then considers what a ‘good’ compliance program looks like in his search for a ‘good’ recipe for the perfect Tikka Masala. He rants about the first UK data privacy regulatory action under GDPR, where the UK data protection agency sanctioned the UK government for violation of GDPR.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 45 we celebrate our newest addition to the Everything Compliance gang; Sarah Hadden. Sarah is the Publisher at Corporate Compliance Insights, taking the helm from founder Maurice Gilbert earlier this year. She is a journalist by profession and has been working in the compliance space, largely at CCI for the past six years. She brings a wealth of talent, knowledge and perspective to our happy band of commentators and help us to 'drink the Kool-Aid.    Sarah Hadden discusses experiential learning. She uses that as a basis to consider what is effective training and how interactive training can lead to a new level of not simply effectiveness but awareness to recency bias which can cloud decision making. Sarah shouts out to internet service providers everywhere who were able to make the Mueller report available as soon as it was released.Matt Kelly discusses best practices around disclosing reporting data and using interactive technologies to improve Codes of Conduct, compliance policies and procedures. Matt rants on former White House Ethics Counsel, Stefan Passantino who urged Mazars USA not to comply with a subpoena that House Oversight Committee issued for Trump’s financial documents. That is ethics for you in TrumpWorld.Jay Rosen talks about repositioning compliance as a business generator. He discusses companies which see compliance as a business advantage and details how they do so. Jay shouts out to former White House counsel Don McGahn for being a “real lawyer” because he takes notes.Tom Fox, sitting in on this episode, uses the top three FCPA settlements of 2019 (MTS, Cognizant and Fresenius) to illustrate how the FCPA Corporate Enforcement Policy, announced in 2017 is being used in practice. He compares the three different types of resolutions used by the Justice Department and what it might mean for compliance going forward. Tom rants about Charles Van Doren and the quiz show scandals from the late 1950s.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong–is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]Sarah Hadden– the newest addition to our panel. Sarah is the Publisher at Corporate Compliance Insights. Hadden can be reached at [email protected] 

Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 44 Tom Fox sits in for Mike Volkov, who is on assignment.   Jonathan Armstrong discusses a recent presentation he saw by the OECD on some of the key and current numbers on the global fight against bribery and corruption. Jonathan shouts out to Nicola Howard QC for her work on DPAs in the UK and the British Airways for its pizza delivery service from London to Lagos.Matt Kelly details the recent SEC whistleblower award to two individuals of $50MM. There were multiple claimants and the award detailed what the SEC values in terms of information. He also discusses the award in the context of the Trump administration’s attempt to gut the SEC whistleblower program. Matt rants on the unqualified Trump nominee for the Fed, Stephen Moore.Jay Rosen talks about how the #MeToocontinues to resonate in Hollywood as yet another studio executive is forced to resign. This time the scandal is not about power over another but about the conflicts which arise when some in a relationship uses his power to promote his paramour over others. It is also about how the studio internal investigations continue to clear the studio execs of any wrongdoing. Jay shouts out to Matt Kelly for attending the SCCE Regional event in Boston.Tom Fox, sitting in for Mike Volkov discusses a compliance-based solution to help manage the opioid crisis. He shouts out to (now) former Wells Fargo CEO Tim Sloan for admitting the abysmal job he did in the wake of the fraudulent account scandal by resigning and rants on Wells Fargo which cannot seem to move beyond the scandal.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected] 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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

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. 

This week, Jonathan Armstrong discusses the UK Serious Fraud Office’s conclusion of its investigation into the individuals at Rolls Royce and GSK.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.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.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 [email protected]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 [email protected].Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected] 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

Learn more about your ad choices. Visit megaphone.fm/adchoices

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 (and 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 [email protected]•       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 [email protected].•       Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at [email protected]•       Jonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected] 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. 

Learn more about your ad choices. Visit megaphone.fm/adchoices