FCPA Compliance Report

In this episode of the FCPA Compliance Report I visit with Mike Volkov. Mike recently did a three-part blog post series reviewing the DOJ trial strategy, successes and failures and approach of the antitrust division. In this podcast we take a deep dive into FCPA trials, other white collar fraud trials and antitrust trials the DOJ has had over the past few years. We assess the key approaches, discuss some important wins and unfortunate stumbles. 

   Resources

Mike Volkov on Corruption Crime & Compliance

Part 1 - A Mixed Bag

Part 2 – Big Victories and Misguided Targets

Part 3 – Antitrust Division Stumbles

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In this episode of the FCPA Compliance Report I visit with Gordon Graham. Gordon is a successful whistleblower who told his tale in the book The Intrepid Brotherhood. In this book, Graham discusses how corruption threatened to ruin jobs and harm lives. The leadership at the top of the organization used intimidation, distrust, and secrecy to control the Chelan County Public Utility District showing that control and power can corrupt even the most ethical organization’s integrity—unless someone speaks up. Which Gordon Graham did. In this podcast, he tells his story. 

Resources

website: www.intrepidbrotherhood.com

LinkedIn: linkedin.com/in/gordon-graham-57385319a

Facebook Author Page: In Search Of Aristotle | Facebook

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This episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this concluding Part 2, we take a deep dive into the Lisa Monaco Speech focusing on how the DOJ might look to access corporate culture, the Speech’s effect on the Benczkowski Memo, using the Monaco Speech and other external information for internal corporate presentations and the DOJ reviewing other corporate misconduct. 

Resources

Matt Galvin on LinkedIn

Dan Kahn at Davis Polk

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This episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this Part 1 we take up the key issues around dealing with the DOJ including the factors which go into the decision to self-disclose, incentives and disincentives in compliance programs, internal investigations including who is involved and scoping an investigation, presenting information to the DOJ during the pendency of an investigation and negotiating the final settlement and post-resolution; including both ongoing reporting and continuing innovation in your compliance program. 

Resources

Matt Galvin on LinkedIn

Dan Kahn at Davis Polk

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In this episode of the FCPA Compliance Report, I am joined by Stewart Bishop, reporter at Law360. We discuss his coverage of the Roger Ng trial currently ongoing in New York. Highlights in include:

·      Roger Ng relationship to 1 MDB scandal.

·      Pre-trial issues.

·      Timothy Leissner, direct and cross.

·      Assessing the judge and jury. 

·      The discovery dispute.

·      Covering such a lengthy trial. 

        Resources

Law360

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In this episode of the FCPA Compliance Report, I am joined Susan Divers, Director of Thought Leadership at LRN. We discuss recently released LRN Ethics & Compliance Program Effectiveness Report. Highlights in include:

        Resources

Susan Divers

LRN Ethics & Compliance Program Effectiveness Report

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In this episode of the FCPA Compliance Report, I am joined by Exiger Board Chair Michael Beber. He returns to the podcast to talk about the current state of Special Purpose Acquisition Corporations (SPACs).Highlights in include:

·      SPACs in 2021 by the numbers.

·      Uses and misuses of SPACs.

·      Money being invested in SPACs.   

·      Why SPACs can still be such a powerful tool.

·      What will be the SPAC market like going forward?

Resources

Exiger

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In this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere. We discuss the announcement of Ethisphere’s 2022 World Most Ethical Companies awards. This year’s most stunning announcement is a 5-year Ethics Premium of 24.6%. Other highlights in include:

Resources

Ethisphere

2022 World’s Most Ethical Announcement

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In this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody from Washington & Lee Law School. We discuss the recent filing by attorneys for Elon Musk and Tesla to revoke the previously agreed to Consent Decree over his 2018 tweets about taking Tesla private at $420 per share and then withdrawing it a week later. Highlights in include:

·      What is the legal basis for the Motion?

·      Can a court hear an equitable claim for a regulatory consent decreed?

·      What is the remedy Musk is seeking?   

·      What about his $20MM fine, which has been paid?

·      Is the SEC harassing Musk for alleging violations of the Consent Decree?

        Resources

Motion to Terminate Consent Decree

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In this episode of the FCPA Compliance Report, I am joined by Mikhail Reider-Gordon, Managing Director at Affiliated Monitors, Inc. We discuss conflicts of interest with some very high-profile examples torn literally from the headlines. Highlights include:

·      What exactly is a Conflict of Interest and how does it differ from self-dealing, nepotism?

·      Is a COI purely an ethical problem or are there are situations where COIs are illegal?

·      COIs in the news of late and in some surprising places?   

·      Have there been other examples across industries?

·      The Courts, the Fed, SCOTUS?

·      Do you ever come across COIs in your work?

        Resources

Original Posting on podcast on Integrity Through Compliance

Mikhail Reider-Gordon at AMI

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