FCPA Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In the latest episode of the FCPA Compliance Report, host Tom Fox welcomes Katherine Pappas, Lauren Briggerman and Ian Herbert, experts in government and internal investigations at the law firm of Miller & Chevalier. The group discusses changes to the Corporate Enforcement Policy and the challenges companies face with extraordinary cooperation and clawbacks. They also dive into the Biden administration's antitrust policies, particularly in the area of labor markets and the recent trend of the DOJ losing no poach cases to juries. The conversation then shifts to the FTC's proposed rule on non-compete agreements and recent FCPA individual prosecutions related to bribery allegations. Finally, the hosts discuss potential changes to duty of oversight requirements for company directors and officers and potential changes to US sentencing guidelines. Don't miss out on this informative and engaging episode!.

Key Highlights

·      Updates on DOJ's Corporate Enforcement Policy

·      Challenges and Failures in Antitrust Prosecutions

·      No-poach and non-compete agreements in energy industry

·      FTC Rulemaking and Non-Compete Agreements

·      Cryptocurrency and High-Profile Nondisclosure Cases

·      Oversight and Sentencing Guidelines in Companies

 Resources

Miller & Chevalier

Executives At Risk Winter: 2022/2023

Lauren Briggerman

Katherine Pappas

Ian Herbert

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Are you interested in learning about the overlooked importance of safety in ESG? Host Tom Fox and his guests from Traliant, Andrea Foster Mack and Maria D'Avanzo delve into this topic in the latest episode of the FCPA Compliance Report. Learn how prioritizing safety can lead to cost savings and become a major differentiator for corporations in talent acquisition and retention. The trio also discusses how EHS professionals can reduce risk by implementing hazard awareness training and preventing discrimination. Furthermore, they emphasize the value-add that safety can offer to organizations in terms of corporate governance and brand recognition. Tune in to hear the experts share their insights on how ESG and EHS align under the sustainability cause and how innovative business and management decisions can lead to environmental sustainability.

Key Highlights

·      ESG and Safety Culture within Organizations

·      The Importance of Safety in Talent Retention

·      Corporate Governance and Safety in Organizations

·      The Importance of "E" in ESG Reporting

·      ESG and its Role in Elevating Brands

·      Managing Chemical Hazards and ESG Standards

 Here are three tips to consider when incorporating safety into your ESG strategy:

1. Communicate safety policies and performance to stakeholders, such as investors and customers, to build trust and enhance reputation.

2. Use safety data to identify improvement opportunities, mitigate risks, and promote continuous learning and innovation.

3. Develop partnerships and collaborations with other organizations and industries to address safety challenges and share best practices.

Resources

Andrea Foster Mack on LinkedIn

Maria D'Avanzo on LinkedIn

Traliant

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom interviews well-known curmudgeon and iconoclast Jon May. May, who is not a compliance officer, talks about his approach to the topic that has caught Fox's attention. The conversation traverses May's professional background, discussing Miami's wild west environment in the 1980s, and corruption within the police department. The podcast takes a deep dive into corporate strategy, DOJ's enforcement policies, and the changes in whistleblower laws. The author provides an exclusive hotline number for listeners to call him and wraps up by describing where to purchase his book! Don't miss out on this engaging podcast with the brilliant Jon May, hosted by Tom Fox.

 Key Highlights

·      Negotiating with Government in Corporate Criminal Conduct

·      Navigating US Sentencing Guidelines for Defense Lawyers

·      Pleading Guilty and Self-Disclosure for White-Collar Crimes

·      Changing view of whistleblowers and self-disclosure regulations

·      Balancing Crime Fighting and Civil Liberties

 Notable Quotes

“It is the company's recommendation that they obtain counsel before they are interviewed by the company or the company's outside counsel.”

“I have, as you know, always been very critical of the government's care and stick approach to convincing companies to self-disclose.” 

“But to show the prosecutor that there's a very different side but requires a great deal of work.”

“You might not get 3 points. You might only get 2 points. But the amount of time you can save by litigating various aspects of sentencing could be years and years.”

Resources

Jon May 

On Creative Criminal Defense Consultants

Who Says You Can’t: Strategy and Tactics for Becoming a More Creative Criminal Defense Lawyer

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. This episode was recorded during March Madness and it is the return of Jason Meyer and Tom For Ethics Madness. In Ethics Madness, dive into the ethical questions surrounding the University of Alabama basketball team and their missteps in handling incidents involving their players. In this exciting podcast, the hosts discuss the possibility of redemption for individuals who have committed past indiscretions, and how companies must vet their employees for a better work environment. They also cover topics such as mental health and the importance of diversity, equity, and inclusion in the workplace, and how companies should embrace ESG for a better business process. You'll also get to hear some insightful interviews with various professionals on compliance and ethics education, and enjoy fun segments such as the Compliance Anthem of the week. Don't miss out on this amazing podcast that will inspire and educate compliance and ethics professionals. 

Key Highlights

·      Ethics in Sports: University of Alabama Basketball

·      Can you love art but not artist?

·      Redemption for unethical behavior in sports 

·      The Power of Forgiveness & Reputation Management in Sports 

·      Mental health in compliance profession 

·      Political Pressure on DEI Programs in Southern States 

·      Fostering DEI in Organizations 

·      Core values and politics in universities & ESG betting 

·      ESG in Energy Business Processes 

·      Ivy League success in March Madness 

·      Professional skepticism and NCAA tournament predictions

 Notable Quotes

“Should I feel guilty that I put the tide in my bracket?”

“Even energy companies are doing ESG. Whe? Because they see it in their self-interest.”

“Spending more time and more attention now helping organization with including and engaging with the neurodivergent people in their workforces and trying to involve those workers in ethics compliance, and that's been fascinating work as well.”

“And to me, Tom, this debate feels like a debate at the core of ethics and compliance because this is an example of what are some core values.”

Resources

Jason Meyer on LinkedIn

The Eight Mindsets Podcast on Spotify

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition, sponsored by Traliant, I visit with Maria D'Avanzo Chief Evangelist Officer at Traliant to discuss the 2023 Evaluation of Corporate Compliance Programs. We discuss the DOJ's guidance on financial incentive programs and highlight the importance of cross-functional collaboration in establishing effective compliance programs. What are some of the challenges of implementing clawbacks for employees who engage in misconduct? We consider some of the risks involved when a company decides to file a lawsuit against an executive for clawback. Finally, they touch on the need for proper communication of the compliance message beyond legal and compliance departments. Join Tom Fox and Maria D'Avanzo as they dive deep into the future of corporate compliance programs. Don't miss this informative and eye-opening episode.

 Key Highlights

·      Evaluating Corporate Compliance Incentive Programs

·      Establishing Compliance Programs in Companies Facing DOJ Allegations

·      Incorporating Compliance Ethics and Clawbacks in Business

·      Lawsuit Consequences for Companies & Executives

·      DOJ Elevating Corporate Compliance Programs

·      Effective Communication for CCOs

 Notable Quotes

“Certainly the timing of any type of any attempt to claw back the compensation, the board needs to be concerned about what's the right time? What's the right process? And are we going to open ourselves up?”

“There's also language about non-financial incentives. And here, once again, nothing really new that companies are supposed to take doing business ethically.”

“I'm not quite sure why a company without resolving the loss, the investigation, either internally or especially with the DOJ, would file a lawsuit against an executive in order to claw back the compensation.”

“Is your investigation completed? Or is it ongoing. I'm not sure how you would win in a litigation if you have not established the basis for the breach of contract.

Resources

Maria D’Avanzo on LinkedIn

Traliant

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Looking for a podcast that will give you insights into the Department of Justice's corporate enforcement policy and the implications for corporations facing investigations? Look no further than FCPA Compliance Report! In this episode, Tom Fox sits down with Ryan Patrick, a former US district attorney for the southern district of Texas. They discuss the importance of staying up-to-date with DOJ memos and speeches, the difficulty for corporations in deciding whether or not to self-disclose, and the implications of outside counsel being deputized. Ryan emphasizes the importance for companies to work with lawyers who know judges and have pre-existing relationships with local prosecutors, including US attorneys and line prosecutors. They discuss the Southern District of Texas and its role in border-related issues, as well as the Patrick’s time as a US Attorney for the Southern District of Texas. This podcast is a must-listen for anyone looking to gain a better understanding of corporate enforcement and compliance policies. Don't miss out on the conversation between Tom Fox and Ryan Patrick!

 Key Highlights

·      Discussing U.S District Attorney's work challenges 

·      Evolution of Corporate Enforcement Policy by DOJ

·      Challenges in Communication with Corporations for Attorneys

·      Challenges of Self-Disclosure for Businesses

·      Navigating Legal Issues with Local Counsel

·      Challenges to Attorney-Client Privilege in Corporate Cases

·      Border Security and Cryptography Cases in Texas

·      US Attorney General Advisory Committee in Presidential Administration

·      Role of Southern District of Texas in law enforcement and corporate enforcement

·      Inside a Federal Prosecutor's Role

 Notable Quotes 

·      "It seems to me that this broaden beyond simply anti-corruption in FCPA and whether it be fraud, whether it be antitrust, whether it be environmental, whether it be a wide variety of other types of issues that an AUSA and a local district attorney US district attorney's office would prosecute.”

·      “Asking the US attorney's offices now to step into this space where really thinking from the idea of self-disclosure and from monitoring or audio auditing, so to speak, someone's compliance program.”

·      “One of the not perhaps most difficult, but hardest conversations a corporation has is whether or not to self-disclose under the FCPA.”

·      “Bring it to me. I will consider it because it's not 1 size fits all.

Resources

Ryan Patrick on LinkedIn

Ryan Patrick on Haynes and Boone

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Khayot Salijanov, who is  Master's Degree candidate at the University of Pittsburgh. He is originally from Uzbekistan and we discuss compliance in emerging markets. We discussed the history of compliance and corruption in Uzbekistan and the steps the government has taken to increase compliance through laws like public procurement and creating an anti-corruption agency. Khayot then provides insight into the two biggest challenges faced in 2020, communication and conducting effective investigations, as well as emphasizing the importance of leadership buy-in. Finally, Khayot suggests that to start a management consulting career, one should focus on creating relationships and ownership, creating value, and gaining leadership buy-in. 

Key Highlights

·      The History of Compliance In Uzbekistan

·      Protecting Yourself When Doing Business in Uzbekistan

·      The Importance of Leadership Involvement in Creating a Robust Compliance Program  

·      Creating Business Value Through Compliance Programs

 Notable Quotes 

·      "And also it has a good program, a good tailored program, including ethics and risk management also sustainable business issues, which I'm really interested in because I think sustainable business is a part of compliance." 

·      "It's essential to create the family based ownership to achieve a success." 

·      "The government's anti-corruption and anti-bribery policy has changed drastically." 

·      "Absolutely. Thank you for inviting and having me Thomas. I have a lot of things to tell our listeners about Uzbekistan, specifically about compliance." 

·      "These events mark the beginning of designing and implementing corporate compliance standards in the private sector."

Resources

Khayot Salijanov on LinkedIn

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined Erica Salmon Byrne, President of Ethisphere, to discuss the World's Most Ethical Companies awards. Byrne explains the evaluation process and what types of areas are investigated. She highlights how the list has fluctuated over the years and the importance of a company's people practices. Through the cross functional scorecard, companies can measure their performance compared to a global index.  

We discuss the importance of "ethics premium" and the scorecard process. To measure the value of a company's people practices, the survey demonstrated an outperformance of 13.6% against a comparable global index. Byrne also gives information to listeners on where to find more information on the world's most ethical companies. Tune into this episode of the FCPA Compliance Report and learn more about the World's Most Ethical Companies. 

Key Highlights

 Notable Quotes

 "What does the recognition itself mean? So, you know, it's  really interesting, Tom. Because I I've asked a lot of honorary companies about that. And I  particularly liked the way 1 company phrased it to me when I was talking to them last week, and they said, look, there are lots and lots of times that companies get recognized for messing up."

"We're looking at the ways you are thinking about, your impact on the communities in which you operate. We are looking at your ethics and compliance program initiatives. We're looking at the way you are governing your programs both at the board level and at the C suite level. We're looking at your leadership and your reputation."

"I've had multiple compliance officers tell me that their best self-assessment work is just reading the red line of our survey every year and asking themselves would I answer this new question from Ethisphere?"

"Are there questions on this survey I can't answer without going and speaking to somebody else? Do I know who that person is? And if not, why not? Because all of those relationships are critical relationships to operating your program well."

 Episode Links

World’s Most Ethical Companies

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

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Kelly Paxton, a certified fraud examiner who has worked in the anti-corruption space for years. In our conversation, Kelly talks about the importance of networking and how women are often underestimated in the field. She is a proponent of the Certified Fraud Examiner designation and emphasizes the need to foster a brand for yourself. She also encourages listeners to remember that good people can make bad choices, and to take an interest in the stories behind fraud cases. Kelly talks about her passion for defense work and delves into the nuances of different types of offenders. Her wisdom and insight make her an invaluable guest on the podcast.

 Key Highlights

Networking at National Industry Events for Fraud Examiners [00:04:34]

The Importance of Encouraging Women in Fraud Risk Management [00:08:17]

The Benefits of Becoming a Certified Fraud Examiner [00:11:55]

The Consequences of Choosing to Commit Fraud [00:19:51]

Breaking Through Stereotypes: Exploring Unconventional Life Experiences [00:24:04]

The Value of Defense Work [00:27:59]

 Notable Quotes 

1.      "At the end of the day, the business owners are the ones who have the assets that are getting stolen."

2.      "We have this thing called the optimism bias. We don't think bad things will happen to us. Even more so, we don't think bad things will happen to us as compared to thinking good things will happen to us. We hire people. We know I can trust. So why would they steal?"

3.      "Don't look at it as a cost center. Give the fraud professionals the ability to keep training into networking."

4.     "The genius of LinkedIn is you meet the person, you sent you sent the invitation, you meet the person, and a couple years down the road, you're like that person pops up the again. And you go back in your messages and you remember, oh, yeah. I saw them there. I connected there."

 Episode Links

Fraudish

Kelly Paxton on LinkedIn

Connect with Tom Fox on LinkedIn

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