FCPA Compliance Report

FCPA Compliance Report

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FCPA Compliance Report episodes

  • Mike Lindsey on Legal Issues Related to Cyber, E-Commerce and Internal Communications

    In this episode, I am joined by Mike Lindsey, a partner in the Los Angeles law firm of Steinbrecher and Span. Lindsay specializes in cyber risk issues. He joins me to discuss those legal issues around cyber security, e-commerce, internal communications and ephemeral messaging.

    Some of the highlights include:                            

    • The nature of Lindsey’s practice.
    • Description of legal work on in the areas of (a) e-commerce structuring, (b)new media development and (c) co-branding, alliance and other marketing arrangements.
    • How should a company put out e-learning information on near misses or actual ethical/policy/Code of Conduct violations and protections do they need to consider for the employee(s) involved?
    • What are the key issues when responding to a data breach?
    • What is data mapping and why should a company do so on a proactive basis?
    • Recently the DOJ announced that Chief Compliance Officers should have access to all corp data? Does this raise in data privacy/data protection risks?
    • How should a company try and capture ephemeral messaging?
    • Resources

      LinkedIn page for Mike Lindsey

      Steinbrecher and Span page for Mike Lindsey

      Steinbrecher and Span homepage

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      26 min
    • How the Venetian Gondolier Informs Your Compliance Program

      If there is one thing that is ubiquitous throughout this city it is the Gondolier, the Venetian Gondola boatman. You are never far from hearing their cry of “Gondola, Gondola” to attract tourists for a fabled and romantic gondola ride. One thing I notice about the Gondolier that in addition to having a stout pairs of lungs, they are almost all in very good physical condition. They have to be piloting this very old craft by hand in and around the crowded waters of Venice. 

      I thought about this as a metaphor for improving your compliance program. As a CCO or compliance practitioner, the more you can get out of the office, into the field and meet the troops the more fit your compliance program will be. Any best practices compliance program should have input from the geographies, cultures, business units and corporate functions within the company. It is well understood that a compliance procedure that works well in the US may not work in Indonesia. 

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      8 min
    • Dave Lefort, Reflections on Tommy Heinsohn

      In the episode, I take things in a different direction as I visit with Compliance Week Editor-in-Chief Dave Lefort. We reflect on the life and meaning of the recently deceased Tommy Heinsohn. We talk about Heinsohn the player, the coach, the announcer and the man. We discuss leadership and why Heinsohn was a figure beloved by all of New England.  

      Some of the highlights include:

      • The basketball resume of Tommy Heinsohn, from Holy Cross and an NIT Championship, to a Boston Celtics player, to the Boston Celtics coach and ending as the Boston Celtics announcer. 
      • Some Heinsohn numbers.
      • Tommy Heinsohn and Red Auerbach –their relationship.
      • How did Auerbach make use of Tommy’s skills in over 35 years of working together?
      • What is the role of a Coach/GM in finding roles for all players?
      • What did Tommy mean to Boston, New England and indeed all of New England?
      • Why is continuity so valued in Boston sports?
      • Final Thoughts-What did Tommy Heinsohn mean personally to each of us?

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        31 min
      • Mike DeBernardis on Q3 FCPA Enforcement and Related Issues

        In the Episode, I visit with Mike DeBernardis, Counsel and Hughes Hubbard. We take a look back at the FCPA world in Q3. It started off with a bang and never slowed down. 

        Some of the highlights include:

        1. The quarter started off with a bang-Novartis US and never slowed down. 
        2. How and why did Novartis US, First Energy in Ohio and Commonwealth Ed in Illinois change the discussion around domestic corruption?
        3. What were some of the key lessons from the Herbalife FCPA enforcement action? Why is it so important to obtain experienced White-Collar Counsel in a serious FCPA matter?
        4. What were top 3 takeaways from the release of the FCPA Resource Guide 2nd edition?
        5. Sargeant Marine was a rare criminal FCPA plea. What is the significance of the case?
        6. The Alexion SEC enforcement action in July was relatively small but had some interesting lessons. What were key takeaways from the case?
        7. Do you see continue aggressive FCPA enforcement by the DOJ/SEC?
        8. What are you telling clients about their compliance programs going into the next 12 months?

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          31 min
        10. James Koukios on the MoFo Top 10 International Anti-Corruption Developments for April 2020

          In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for April 2020.

           Some of the highlights include:

          1. DOJ Announces Repatriation of $300 Million to Malaysia in Connection With 1MDB.
          2. Colombia Officially Enters the OECD. What was the process and what does this mean for Colombia?
          3. What is the DOJ saying around FCPA enforcement in the Covid-19 era?
          4. London court discharges 3rd ever unexplained wealth order?
          5. ENI resolves Algeria FCPA allegations.
          6.  Resources

            To a copy of the Top 10 International Anti-Corruption Developments for April 2020 Newsletter click here.

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            19 min
          7. Wirecard Part 10, On the Beach

            In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore shell companies in our On the Beach episode.

            Some of the highlights include:

            • Weekly news wrap-up on Wirecard
            • What is the Bundestag investigating? Are they doing anything?
            • Were 250 Wirecard employees assigned to the money-laundering team?
            • Is a Bundestag inquiry in the works by the EU?
            • KPMG enters the story.
            • Shell Companies Shell Companies Shell Companies
            • Why it might be time for a walk on the beach (and to read On The Beach)
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              58 min
            • Susan Divers on Evolution in Compliance over the Past Decade

              In this episode, I visit with Susan Divers, Senior Advisor at LRN. It is part of my continuing series this year looking back over the past decade of Foreign Corrupt Practices Act enforcement and the evolution of compliance. Some of the topics we consider are:

              1. How the heavy emphasis on enforcement by the DOJ led to organizations investing in compliance.
              2. How did companies begin to evolve their compliance programs away from paper programs, written by lawyers for lawyers?
              3. How the first industry sweep through energy led to a pragmatic business solution to compliance throughout the energy ecosystem.
              4. The DOJ evolution in communicating information on its expectations on best practices compliance program.
              5. The change in ERM emphasis requiring each company to manage its risks. 
              6. The use of data in compliance.
              7. Trends into the 2020s and beyond.
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                26 min
              9. Gar Hurst on Biggest Import Issue You Have Never Heard About

                In this episode, I visit with Gar Hurst a partner at Givens and Johnston. Gar and the firm specialize on import control issues. Today we take a major issue that is bedeviling companies in the Port of Houston and elsewhere, wood packaging issue. We explore why it is the biggest threat to importations you have never heard about. It turns out that import laws and regulations have substantial impact on export control, AML and ABC compliance.

                1.  What are wood packaging violations?
                2. What is covered by Wood Packaging regulations?
                3. What are violations and what are Emergency Actions Notices?
                4. What remedies are allowed in the US and when must you go internationally for remediation?
                5. What are potential penalties.
                6. How can you engage in prevention?

                7. See Gar Hurst’s professional profile here. See the firm of Givens and Johnston’s profile here. 

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                  31 min
                8. Carrie Penman on Beyond the Moment

                  In this podcast, I am joined I am joined by Carrie Penman, Chief Risk and Compliance Officer at NAVEX Global, Inc. We visit about their upcoming 2020 virtual conference, NAVEX Next, which is entitled Beyond the Moment.

                   The theme, Beyond the Moment, defines the 2020 agenda and supports sessions that will help you and your organization move past a defensive stance on current events and trends. The goal is to help everyone be proactive and more holistic in their approach to risk and compliance management. If there is one key message that I have garnered in talking to compliance and other professionals about Coronavirus is that the future demands we be prepared, no matter what comes next.

                  What are some of the key themes for this conference? Obviously the Coivd-19 lockdowns, work from home and remote working environments have changed a large number of risk factors that every Chief Compliance Officer (CCO) needs to consider from a risk perspective and address from a variety of angles; such as data privacy/protection, communications and training and ongoing engagement.

                  Last year, NAVEX’s virtual conference had over 9,000 registrants. Best of all is the cost of the conference, its FREE. That is right, all of the above is available at no charge. NAVEX Global has submitted the conference to the Compliance Certification Board (CCB)® and is pending their review for approval of CCB CEUs. It will be held Thursday, October 22, from 10 AM to 4 PM Central Time. I hope that you will plan to join me for this great event. Registration, agenda and other information are available here.

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                  22 min
                9. Wirecard Part 9, Running to Fraud with Hermes

                  In our continuing series, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore the money laundering Wirecard engaged in via the project dubbed ‘Hermes’. 

                  Some of the highlights include:

                  ·       Weekly news wrap-up on Wirecard.

                  ·       What has this done to the German political scene?

                  ·       Any talk about BaFin reforms?

                  ·       How do losses reach €20bn?

                  ·       How was the investigation “unrelated to the mandate”?

                  ·       Money laundering through Hermes.


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                  54 min

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                The FCPA Compliance Report is the longest running podcast in the in compliance and business ethics. Join its award-winning host, Tom Fox, the Voice of Compliance as he visits with top compliance…

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