FCPA Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast on compliance. In this episode, Tom welcomes Andrew Hopkins, President of PrivacyChain, to discuss the critical intersection of AI, data compliance, and data ownership.

Andrew brings his expertise from years of consulting, focusing on outcome-driven business support, and provides a comprehensive overview of the challenges and opportunities in managing and securing data in the age of AI. The conversation delves into the complexities of data security, the inefficiencies of traditional data management systems, and the potential of new technologies to enhance data governance and personal data ownership. Listeners will gain valuable insights into navigating the evolving landscape of data management and the importance of contextual integrity in AI processes.

Key highlights:

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Andrew Hopkins on LinkedIn

The Privacy Chain

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes back Corporate Transparency Act expert and maven Jonathan Wilson for a look at how the Trump administration killed the Corporate Transparency Act (CTA).

In March, the Treasury Secretary announced that all domestic reporting companies would be exempt from filing Beneficial Ownership Information (BOI) reports, with only foreign reporting companies required to file. This obviously violates both the intent of the law and its plain language. Jonathan outlines the impact of this interim final rule, noting the loss of a critical tool for federal and state law enforcement and financial institutions. The pod explores the potential for legal challenges and the possible implications for ongoing constitutional lawsuits related to the Act.

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Jonathan Wilson on LinkedIn

FinCEN Report

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast on compliance. In this episode, Tom is joined by Gerry Zack, CEO and Founder of RiskTrek LLC, to discuss his recent attendance at the OECD Global Anti-Corruption and Integrity Forum in Paris.

Gerry provides an in-depth event recap highlighting significant presentations, panel discussions, and key takeaways. Topics covered include the current state of anti-corruption efforts, the international cooperation among governments in combating corruption, and the evolving role of compliance programs amid changes in U.S. enforcement policies. He also shares insights on applying artificial intelligence in compliance, the importance of building trust through compliance programs, and the unique challenges faced in the healthcare and private equity sectors. The episode underscores the forum’s overarching theme of innovation and the proactive steps needed to navigate a turbulent compliance landscape.

Key highlights:

• Structure and Highlights of the OECD Conference

• Key Themes: Compliance and Anti-Corruption

• Global Collaboration and Government Responses

• Incentives and Value of Compliance Programs

• Trust and Technology in Compliance

• Data Analytics and AI in Compliance

Resources:

Gerry Zack on LinkedIn

Gerry Zack’s Email: [email protected]

RiskTrek LLC

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast on compliance. In this episode, Tom welcomes Tim O’Toole and Matt Ellis from Miller & Chevalier Chartered to discuss the significant implications of President Trump’s executive order designating Mexican drug cartels as foreign terrorist organizations (FTOs).

Tim and Matt elaborate on the heightened compliance risks and operational challenges now faced by companies operating in these regions. The conversation delves into the legal distinctions between Specially Designated Nationals (SDNs) and FTOs, the broad-ranging impact on industries such as agriculture and logistics, and the urgent need for robust risk assessment strategies to mitigate civil and criminal liabilities under U.S. law. They also explore the broader Latin American context and potential collateral consequences for U.S. and Latin American companies amid anticipations of increased regulatory scrutiny and enforcement actions. The discussion concludes with timely observations on recent U.S. Treasury directives aimed at curbing cartel money laundering activities, showcasing the lengths the administration is willing to go to combat these criminal enterprises.

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Designation of Cartels as FTOs Creates Heightened Risks for Companies Operating in Latin America

Miller & Chevalier

Tim O’Toole

Matt Ellis

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Erica Salmon Byrne, Chief Strategy Officer and Executive Chair at Ethisphere, on an exciting launch day for the 2025 World’s Most Ethical Companies honoree list.

The World’s Most Ethical Companies list features 136 companies from 44 industries across 19 countries; the episode delves into the significance, process, and celebration behind this prestigious designation. Erica discusses the impressive Ethics Premium, revealing that publicly traded honorees have outperformed a comparable index by 7.8%, underscoring the profitability of ethical business practices. Listeners will gain insights into the rigorous application process, the importance of cross-functional relationships, and the global nature of the honoree list. Erica also previews the upcoming Global Ethics Summit and emphasizes the critical role of talent acquisition and retention in corporate success.

Key highlights:

Resources:

Erica Salmon Bryne on LinkedIn

Ethisphere

World’ Most Ethical Awards for 2025

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Welcome to the award-winning FCPA Compliance Report, the longest-running compliance podcast. In this episode, Tom welcomes Eric Morehead to discuss the role and function of the U.S. Sentencing Commission.

Eric is the Director of Advisory Services Solutions at LRN and former Assistant General Counsel at the U.S. Sentencing Commission. He and Tom review the intricacies of the U.S. Sentencing Commission’s role, structure, and impact. Eric walks through his professional journey and explains the Sentencing Commission’s function in standardizing federal criminal sentences and promoting organizational compliance programs. He emphasizes the importance of the Sentencing Guidelines, the process for their amendment, and the challenges faced by the Commission, such as quorum issues. The discussion also touches on current topics, including the potential impact of executive orders on DEI policies and the FCPA pause, stressing the continued relevance of the Sentencing Guidelines in compliance program development.

Key highlights:

Resources:

Eric Morehead on LinkedIn

LRN

US Sentencing Guidelines for Organizations

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Welcome to the award-winning FCPA Compliance Report, the longest-running compliance podcast. In this episode, Tom welcomes Jonathan Marks, who discusses the role of internal audit in export control compliance.

Jonathan starts by defining export controls and their significance: regulations governing the export, re-export, and transfer of goods, technology, and services across borders to protect national security and enforce foreign policy. As a Compliance Profession, you should recognize the severe impacts of operational disruptions, supply chain issues, and national security risks resulting from non-compliance, emphasizing the need for comprehensive compliance frameworks. Internal audit responsibilities are expanded, stressing the necessity of robust policies, clear responsibilities, consistent employee training, and thorough risk assessments.

Jonathan discusses practical internal audit strategies, including evaluating high-risk transactions, identifying compliance gaps, and regularly monitoring and testing compliance controls through transaction testing, data analytics, third-party due diligence, and incident response mechanisms. Jonathan underscores the importance of collaboration between internal audit, legal, compliance, and supply chain teams to ensure an integrated and proactive compliance approach, thereby mitigating risks and strengthening corporate governance.

Key highlights:

Resources:

Jonathan Marks on LinkedIn

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes back Corporate Transparency Act expert and maven Jonathan Wilson for a look at judicial insights and recent developments in the Corporate Transparency Act (CTA) litigation.

Tom and Jonathan discuss the recent developments, including a preliminary injunction by Judge Kernodle in the Smith v. Treasury case and its implications on CTA enforcement. Important differences between this injunction and previous ones, such as the Texas Top Cop Shop case, are highlighted. Wilson offers insights into the constitutional debates, particularly regarding the Commerce Clause, and reviews key decisions from federal district courts, including the persuasive Boyle decision from the District of Maine. They also touch on upcoming appeals and the potential impacts on the CTA’s nationwide enforcement.

Key highlights:

Resources:

Jonathan Wilson on LinkedIn

FinCEN Report

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Kevin Carroll, now a partner at Fluet, to discuss national security issues to date under the Trump Administration.

Kevin Carroll discusses his move to Fluet Law, a national security law firm. He delves into the ongoing chaos in national security, ranging from employees’ concerns over legal processes at the Agency for International Development and the FBI to the unprecedented moves of the Trump administration in reprioritizing enforcement efforts. Kevin emphasizes the criticality of maintaining international alliances and intelligence-sharing, especially amidst controversial DOJ staffing and enforcement decisions. They also touch on the potential ramifications for U.S. companies engaged in foreign trade and anti-corruption enforcement. Don’t miss Kevin’s expert insights on the delicate balance of national security and legal frameworks in uncertain times.

Key highlights:

00:11 Kevin's New Professional Chapter

00:35 National Security Concerns

02:11 Law Enforcement Priorities

04:52 International Relations and Security

14:04 Corporate Legal Risks Abroad

17:15 USAID and Export Control

Resources:

Kevin Carroll on LinkedIn

Fluet 

Kevin Carroll on Fluet Law

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast on compliance. In this episode, Tom welcomes Alejandra Almonte and Ann Sultan, both Members of Miller & Chevalier, and uses the EEOC’s release in 2024 of its Enforcement Guidance on Harassment in the Workplace as an introduction to considering compliance and the workplace under the new Trump Administration.

Ann and Alejandra dive deep into the EEOC’s 2024 enforcement guidance on harassment and explore the implications of recent Executive Orders from the Trump administration. The conversation extends to the necessity of risk assessments in the current climate, focusing on how companies can maintain safe and compliant workplaces amidst shifting policies. Ann and Alejandra share valuable perspectives on conflicts of interest, the intersection of workplace safety and emotional well-being, and strategies for fostering a positive organizational culture even in uncertain times. Do not miss this expert advice on navigating the complexities of workplace conduct and compliance in the evolving legal landscape.

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Resources:

Miller & Chevalier

Ann Sultan

Ann Sultan on LinkedIn

Alejandra Almonte

Alejandra Almonte on LinkedIn

Culture@Work: Fall 2024

Tom Fox

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