FCPA Compliance Report

By Thomas FoxBusiness News News Commentary Business News

FCPA Compliance Report episodes

September 26, 2022 James Koukios on the Monaco Memo
In this special 5 part podcast series, I am taking a deep five into the Monaco Memo and analyzing it from a variety of angles. In this episode of the FCPA Compliance Report, I am joined by fan fav James Koukios, partner at MoFo. James is a former member of the FCPA Unit and in this podcast we take a deep dive into the Monaco Memo. Some of the highlights include:
1.     Issues involving individual accountability.
2.     Burden shifting on communications devices and timeliness of self-disclosing and reporting.
3.     How the Monaco Memo lays out DOJ expectations?
4.     Monaco Memo at 30,000 ft and ground level. .
5.    Tweaks to the Yates Memo formulation.
6.    New requirements to the FCPA Corporate Enforcement Policy
7.    Will the incentives be enough?
Resources
James Koukios on MoFo
Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog
1.     A Jolt for Compliance
2.     Timely Self-Disclosure
3.     Corporate Compliance Programs
4.     Monitors
5.     Polite Speech
Monaco Memo

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37 min
September 19, 2022 Tomell Ceasar and the Middle East and Africa Compliance Association
In this episode of the FCPA Compliance Report, I am joined by Tomell Ceasar. He is the Group Head of Ethics and Compliance at Careem (An Uber Company). He is one of the founders of the Middle East and Africa Compliance Association (MEACA). Some of the highlights include:
1.     What is it like practicing compliance in EAME?
2.     EAME is a huge amount of territory to cover with many different countries and cultures?
3.     How does that play into compliance for the region?
4.     Training in EAME.
5.    Genesis of MEACA.
6.    What do you and the other founders hope to accomplish through MEACA?
7.    What are the requirements for membership?
Resources
Tomell Ceasar on LinkedIn
Middle East and Africa Compliance Association

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30 min
September 12, 2022 2023 World’s Most Ethical Companies Applications Open
In this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere and Chair of the Ethisphere’s Business Ethics Leadership Alliance. Some of the highlights include:
1.     Ethisphere announces the 2023 World’s Most Ethical application process.
2.     What is the application process?
3.     What is the Ethics Quotient and why is it such a useful measure?
4.     What are the 5 categories of evaluation?
5.     Why is going through the application process itself so useful?
6.     How can a company use it as a benchmarking exercise?
7.     How does the Ethisphere “The Sphere” interact with the application process?
8.     What are the 6 archetypes of value creation?
Resources
Erica Salmon Byrne
Ethisphere
World’s Most Ethical Companies application process, here

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18 min
August 29, 2022 Professor George Serafeim on Purpose + Profits
In this episode of the FCPA Compliance Report, I am joined by Harvard Business School Professor, author of the book Purpose + Profits, How Business Can Lift Up the World. Some of the highlights include:
1.     Why this book and why now?
2.     His personal journey to ‘purpose’.
3.     Is this book an extension of his earlier work around white-collar crime and anti-corruption compliance.
4.     What trends bring together both business goals and broader societal goals?
5.     How did technology and social media help this change?
6.     What is the role of Gen Xers and Millennials?
7.     How can or should a company data analytics into this change?
8.     What are the 6 archetypes of value creation?
9.     What is the Southwire “12 for Life” story?
10.  Why did your student’s attempt to replicate it fail and what lessons did you draw from that failure.
Resources
George Serafeim at the Harvard School of Business
George Serafeim on Linkedin
Purpose + Profits on Amazon.com

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33 min
August 22, 2022Susannah Hammond on Thomson Reuters 2022 Cost of Compliance Report
In this episode of the FCPA Compliance Report, I am joined by Susannah Hammond, Senior Regulatory Intelligence Expert at Thomson Reuters, on the firm’s 2022 Cost of Compliance Report. Some of the highlights include:
The genesis of this report.
Why can this Report be seen as cathartic?
What was the genesis of this report?
What areas have the greatest need for compliance functionality?
What are the top 3 challenges for compliance functions and compliance professionals over the next 12 months?
Why is culture still such a challenge?
Where does the Report see compliance down the road
Why will changes in regulations continue to be a key challenge?
How concerned are compliance professionals about CCO and compliance personnel liability?
Resources
Susannah Hammond on LinkedIn
2022 Cost of Compliance Report, here
Thomson Reuters Regulatory Intelligence website
The Compliance Clarified podcast series

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34 min
August 19, 2022 Susannah Hammond on Thompson Reuters 2022 Cost of Compliance Report
In this episode of the FCPA Compliance Report, I am joined by Susannah Hammond, Senior Regulatory Intelligence Expert at Thompson Reuters on the firm’s 2022 Cost of Compliance Report. Some of the highlights include:
The genesis of this report.
Why can this Report be seen as cathartic.
What was the genesis of this report?
What areas have the greatest need for compliance functionality?
What are the top 3 challenges for compliance functions and compliance professionals over the next 12 months?
Why is culture still such a challenge?
Where does the Report see compliance down the road
Why will changes in regulations continue to be a key challenge?
How concerned are compliance professionals about CCO and compliance personnel liability?
Resources
Susannah Hammond on LinkedIn
2022 Cost of Compliance Report, here
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32 min
August 15, 2022Ty Francis on Assessing Corporate Culture: A Practical Guide to Improving Board Oversight
In this episode of the FCPA Compliance Report, I am joined by Ty Francis, Chief Advisory Officer at LRN. We dive deeply into a recently released LNR/Tapestry Networks Report on Assessing Corporate Culture: A Practical Guide to Improving Board Oversight. Some of the highlights include:
The genesis of this report.
How does the Report serve as a roadmap to a clearer picture of the company's ethical culture?
How can the Report help determine how to improve culture throughout the enterprise?
Who should a Board collaborate with, and how?
How does the work LRN conducts help organizations foster more effective collaborative cultures?
How do you prioritize culture on the board agenda?
What is the challenge to the board's culture?
How does a Board measure and monitor?
How does a Board articulate the desired culture?
How can a Board establish clear communication?
Resources
Ty Francis on LinkedIn
LRN
Assessing Corporate Culture: A Practical Guide to Improving Board Oversight
Tapestry Networks

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30 min
August 08, 2022James Koukios on the MoFo February Int’l Anti-Corruption Newsletter
In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, a partner at Morrison and Foerster. This episode considers some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for February 2022. Highlights of this podcast include:
KT FCPA Resolution
Roger Ng was convicted at the FCPA trial.
Resources
James Koukios on the MoFo website
February International Anti-Corruption Newsletter here

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34 min
August 01, 2022Mary Inman on the Current State of Whistleblowing
In this episode of the FCPA Compliance Report, I am joined by Mary Inman, partner at Constatine Cannon. We look at recent developments in whistleblowing and how the Ukraine War has increased the visibility of whistleblowers. Highlights of this podcast include:
Whistleblower Reward Program at the US Treasury Department/FinCEN – what is its relevance to corruption, anti-money laundering and the Ukraine conflict.
The House Committee on Financial Services voted to strengthen the U.S. Treasury’s Anti-Money Laundering (AML) whistleblower program. What does this mean for this nascent program?
How does a minimum whistleblower reward threshold, whistleblower incentives and injects more certainty into the Anti-Money Laundering whistleblower program.
How has expanding AML whistleblower rewards to cover laws applicable to Russian sanctions, Congress enlisted the help of the private citizenry.
Lisa Monaco recently spoke about the government relying on corporations to ID instances of money-laundering and other activities to help enforcement Russia economic sanctions and broader trade sanctions. Are private citizen or other whistleblowers as a key component of this fight?
How has the Ukraine War raised the profile of whistleblowers and whistleblowing?
Starting with SOX, then Dodd-Frank and the AML Law of 2020 has the US government began to understand whistleblowers as a key component in the fight against fraud, waste and abuse.
Has the government embraced these same strategies and tactics in the wider fight against corruption?
Tribute to Chuck Grassley for his advocacy of whistleblowers.
Resources
Mary Inman on Constantine Cannon website

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31 min
July 25, 2022Alvarez & Marsal Threatscape 2022 Report
In this episode of the FCPA Compliance Report, I am joined by Keith Williamson and Henry Chambers, Managing Directors at Alvarez and Marsal. We look at the firm’s Threatscape Report. Highlights of this podcast include:
A. Threat 1-ABC Threats
Why do you see a potential increase in anti-corruption investigations?
In addition to the US under the FCPA, do you see other countries actively assisting US authorities in ABC investigations?
The new DOJ Monaco Doctrine reinstates the Yates Memo, and the DOJ focuses on individuals. What does this mean for ABC investigations?
What are some of the key challenges in handling investigations in China?
How does this increase in ABC enforcement impact M&A?
B. Threat 2-Fraud and Digital Asset Fraud Threats
What are digit assets and digit asset fraud?
The US has not yet released many regulations regarding cryptocurrency. What is the role of other countries in such regulation, if any?
Why is the Ukraine war the first ‘digital asset war’?
How have the worldwide sanctions against Russia impacted the growth and use of digit assets?
What key controls and screen tools for digital assets that you advocate a company employ?
C. Threat 3-Data Privacy and Data Protection
What is the Personal Information Protection Law, and how does it relate to the Chinese State Secrets and Data Security Laws?
How can a non-Chinese company get data out of China?
What are some key components of a compliance program for this new law?
How does this new law impact investigations in China?
Resources
Threatscape 2022 report.
Keith Williamson, MD, and Head of Disputes and Investigations in Asia.
Henry Chambers, Senior Director, Disputes and Investigations.

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38 min

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