Everything Compliance

This episode is dedicated to the Justice Department’s Evaluation of Corporate Compliance Programs, which was released in February. In this episode, Matt Kelly and Mike Volkov provide next insight. Next week will be views from Jay Rosen and Jonathan Armstrong.   

For Matt Kelly’s posts see the following:

             Fresh FCPA Guidance from the Justice Department; and

             Deeper Dive into new DoJ Compliance Guidance

For Mike Volkov’s posts on the Evaluation see the following:

             Under the Dark of Night, DOJ Moves the Compliance Ball;

           DOJ’s Compliance Program Evaluation: the Role of the CCO;

           DOJ’s Compliance Program Evaluation: Risk Assessment, Policies and Procedures and Third-Party Risk Management; and

           DOJ Compliance Expectations Concerning Training, Internal Investigations and     Audits 

For Tom Fox’s posts on these topics see the following:

             New DOJ Evaluation-Valuable Document for the Compliance Practitioner, Part I; and

             New DOJ Evaluation-Valuable Document for the Compliance Practitioner, Part II

For Jay Rosen’s post see, Still in the Enforcement Business and Evaluation of Corporate Compliance Programs 

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

This episode is dedicated to the chaotic (at best) first three weeks of the Trump administration. 

Jonathan Armstrong leads a discussion of the Trump administrations devolution towards Privacy Shield and what it may portend for American companies doing business in the UK and EU. He highlights the recent opening of a new trial in Ireland brought by Max Schrems and also discussed the putative Muslim refugee ban in the context of broader business implications.For the Cordery Compliance client alert on Privacy Shield, see here

Jay Rosen considers what companies the intersection of business and politics under the Trump administration, the Tech sector response to the Muslim refugee ban and the more general business response to the first few weeks of the Trump administation.For Jay’s post see,  Where Do Politics End and Ethics & Compliance Begin?

Matt Kelly opens with a discussion of the management process practices of the Trump administration in issuing Executive Orders and lays down some markers around compliance and regulatory issues under the new administration.For Matt Kelly’s posts see the following:

 Compliance in the Trump Era: More Markers Placed

 Five Questions for SEC Nominee Jay Clayton

 Yes Government Ethics is Happening

 Dodd-Frank Reform Starts Coming into View

 For Tom Fox’s posts on these topics see the following:

 The Trump Administration-Kaos is Bad for Business

 The Trump Administration-Part II, Failures in Leadership and Management

 The Trump Administration-Part III-Preparing for a Catastrophe

 The Trump Administration-Part IV-the Business Response

The members of the Everything Compliance panel include:

Jay Rosen (Mr. Translations) – Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at [email protected].Mike Volkov – One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at [email protected].Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at [email protected]Jonathan Armstrong – Rounding out is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]

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

This episode is dedicated exclusively to the Rolls-Royce global corruption enforcement action. 

Jonathan Armstrong leads a discussion the UK side of the enforcement action.For the Cordery Compliance client alert on Rolls-Royce, see  Rolls-Royce case sends a strong signal

Jay Rosen considers what companies which did business with RR should do now or even companies in the same or similar industries should consider in the face of the enforcement action.For Jay’s post on Rolls-Royce, see  Rolls-Royce Takes Global Anti-Corruption to New International Heights + Potential Next Steps for a CCO Whose Company has Bid/Worked with Rolls-Royce

Mike Volkov talks about the types of resolution documents used in anti-compliance enforcement and some of the key strategy used by RR during the process to achieve their positive result.For Mike Volkov’s post on Rolls-Royce, see  Serious Fraud Office Makes Big Splash with UK Bribery Act Resolution with Rolls Royce

Matt Kelly brings it all home and ties it together by walking us through the global implications of this settlement. For Tom Fox’s posts on these topics see the following:

Part IPart II Part III Rants will return next week. 

The members of the Everything Compliance panel include:

Jay Rosen (Mr. Translations) – Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at [email protected].Mike Volkov – One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at [email protected].Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at [email protected]Jonathan Armstrong – Rounding out is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected].

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

We turn to the 2016 year in review, in this Part II of a two-part series.  

Jonathan Armstrong leads a discussion on Privacy Shield, information and data privacy issues the past year.

Mike Volkov relates what he saw as the top enforcement highlights from 2016, the block-buster year for FCPA fines and penalties and the growing trend of globalization of enforcement. Matt Kelly discusses the arrival of front pay, and general escalation of retaliation risk for company’s vis-a-vis whistleblowers, ideas on auditing corporate culture and what types of data and information should go on a compliance dashboard.

 For Matt’s posts on these topics see the following: Another Front in Retaliation Risk: Front Pay Ideas on Auditing Organizational Culture What Goes on a Compliance Dashboard? Rants will return next week. 

The members of the Everything Compliance panel include:Jay Rosen (Mr. Translations) – Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at [email protected].Mike Volkov – One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at [email protected].Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at [email protected]Jonathan Armstrong – Rounding out is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]. 

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

Show Notes for Episode 4, Year End Review, Part I

 We turn to the 2016 year in review, in this Part I of a two-part series.  

 Jonathan Armstrong leads a discussion on a very interesting UK Bribery Act enforcement action out of Scotland involving the Braid Group Ltd. It has some very significant implications for Bribery Act enforcement actions going forward. He also discusses the continued evolution of the UK DPA process and who it all works into the burgeoning global anti-corruption enforcement we saw in 2016.

For Cordery’s piece on the Braid case, click  here.

For Cordery’s piece on the continued evolution of the UK DPA practice, click  here.

 Jay Rosen takes us through a Paul Krugman NYT post on some of the invidiousness of corruption, focusing on the corrupting nature of compliance around undue influence. Rosen explains incentives more than anything else and how such incentives skew the marketplace. He asks a couple of provocative questions. First are there too many FCPA, ethics and compliance conferences? Second, even with the robust FCPA enforcement and maturation of compliance programs, why does corruption still exist? For a link Krugman post, click  here.

 Rants will return in a couple of weeks. 

The members of the Everything Compliance panel include:

Jay Rosen (Mr. Translations) – Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at [email protected].Mike Volkov – One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at [email protected].Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at [email protected]Jonathan Armstrong – Rounding out is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at [email protected]. 

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

We are back to our more rounded format for this episode on a variety of topics including anti-corruption enforcement across the globe, the new French anti-corruption law, Sapin II, the Agricultural Bank of China compliance enforcement action by the state of New York Department of Financial Services; how corruption influences as much as it pays money and individual accountability for corporate malfeasance is not a Democratic or GOP issue but a law enforcement issue. We end with a well-deserved one minute rant from the panel about what is in the front of their mind.

Mike Volkov discusses the internationalization of anti-corruption enforcement. He refers to the comments from the ACI FCPA conference, by Kara Brockmeyer and Dan Kahn about the increasing international enforcement efforts against corruption. This extends far beyond cooperation but also to enforcement. Recent examples are VimpelCom and Embraer where other countries received proceeds from fines and penalties. How does a company begin to deal with this type of complexity? Who does it disclose to? Who does it pay? When will the US give credit for payments made to other countries and when does it not? Finally this year saw of the third joint DOJ/SEC week long training for foreign prosecutors put on in DC. How do such events assist enforcement efforts, particularly around cooperation and mutual assistance?

For Tom Fox’s blog post, “Anti-Corruption Enforcement Has Gone International?” click here.  

Jay Rosen takes us through a Paul Krugman NYT post on some of the invidiousness of corruption, focusing on the corrupting nature of compliance around undue influence. Rosen explains incentives more than anything else and how such incentives skew the marketplace. We consider whether Trump’s discussions with the Carrier Corp over jobs was unduly influenced recalling President Kennedy’s ‘jawboning’ of the US steel industry in the 1960s. He also discusses the remarks of Sally Yates at ACI national FCPA conference about individual accountability and how this is not a GOP or Democratic issue but a criminal enforcement issue. For a link Krugman post, click  here. For a copy of the text of Yates remarks, click  here.

For a copy of Jay blog post entitled, “The DOJ and SEC Share Patriots Mantra—Next Prosecutor Up” click  here.

Rants this week include the new UK surveillance law, the SEC domestic corruption enforcement action involving United Airlines for the Chairman’s Flight and the Chicken Littles of the compliance world claiming the sky is falling.

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

This episode is dedicated exclusively to where FCPA enforcement, SEC enforcement, the compliance profession and compliance programs may be headed under the Trump administration, with a dash of anti-trust enforcement and EU Privacy Shield.

A New Administration: A New FCPA Enforcement Regime?” click here.

Matt Kelly leads a discussion on how the new administration may view the SEC going forward. He considers the announced resignation of SEC Chairman Mary Jo White and the appointment (and dismissal) of Kevin O’Connor from Trump’s transition team. Matt explains how Trump’s attacks on Dodd-Frank focus on easing rules for capital formation not on the whistleblower provisions or other sections more applicable to the compliance profession.For Kelly’s posts, see the following:Five Post-Election Points for CCOs to Ponder;It’s Starting: Disclosure of ‘Trump Risk’;Compliance in the Trump Era, Part I: The SEC;A CCO Voice Emerges in Trump World; andWell That Didn’t Last Long…Jonathan Armstrong leads a discussion of the view from across the pond on where anti-corruption compliance enforcement may be headed after the election. He considers what the effects might be on the UK Serious Fraud Office (SFO)? He also considers what the effect of the Trump election might mean for EU and UK privacy advocates, privacy protections and privacy legislation going forward. He also discusses issues surrounding Privacy Shield. Privacy Shield faces a number of challenges from regulators, courts and possibly from the European Parliament.  A new Trump administration is likely to make Privacy Shield’s future even more uncertain.  Jonathan’s thoughts on Privacy Shield are here - http://www.corderycompliance.com/privacy-shield-faqs/For Armstrong’s blog post, “What does the election of President Trump mean for compliance?” click here.

Should I Stay or Should I Go?”, click here.

For my blogs posts on these topics see the following: FCPA Enforcement Going Forward in the Trump Administration; Compliance Isn’t Going Away (and neither should you), Part I;Compliance Isn’t Going Away (and neither should you), Part II;Compliance Isn’t Going Away (and neither should you), Part III; andWhy FCPA Compliance Makes America Great.

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

At the SCCE 2016 Compliance and Ethics Institute, I sat down with four of the top compliance commentators in the field for my first roundtable-style podcast. It was so successful that I persuaded the gang to come back together every couple of weeks for a formal podcast, which is entitled Everything Compliance. The premier episode is available for your listening pleasure today. I will post a new episode every two weeks.

I host these four well-known compliance practitioners and commentators:Jay Rosen (Mr. Translations) - Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at [email protected].Mike Volkov - One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at [email protected].Matt Kelly - Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at [email protected]Jonathan Armstrong - Rounding out is our UK colleague, who is an experienced lawyer with Cordery Compliance Limited in London. Armstrong can be reached at [email protected].The format is a roundtable discussion where I throw out a question to one commentator to lead the discussion. From that starting point we will all join in. I also include an “On My Mind” segment where each participant discusses what is on the forefront of their mind. This podcast is longer than my others, coming in at around 60 minutes, which allows us to explore the week’s issues in depth.

In the inaugural episode we discuss the following subjects:

For Volkov’s post on conflicts of interest (COI) in internal investigations after the Yates Memo, click here.

For Kelly’s blog post on the intersection of CEO pay and Chief Compliance Officers (CCOs), click here.

For Armstrong’s interview with Max Schrems, click here and Cordery’s FAQs on Privacy Shield, click here.

For Rosen’s blog post Designing Your 2017 Ethics, Compliance & FCPA Conference Schedule, click here.

This new podcast Everything Compliance joins the four other podcasts I have on different aspects of compliance. The original FCPA Compliance and Ethics Report focuses on the nuts and bolts of compliance. Unfair and Unbalanced - is a podcast I do with SCCE CEO Roy Snell. In it we focus on wide ranging issues for the compliance profession. Compliance into the Weeds - is a podcast I do with Matt Kelly where we take a deep dive into the weeds of a compliance issue, typically technology, internal controls or GRC. We both indulge our inner geekiness in this podcast. Jay Rosen and I wrap up each week in FCPA, compliance and ethics with This Week in FCPA. All of these podcasts are available to you on my site, FCPAcompliancereport.com, and are available on iTunes under the same name.

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