FCPA Compliance Report

By Thomas FoxBusiness News News Commentary Business News

FCPA Compliance Report episodes

August 26, 2020Jonathan Armstrong on the UKBA, GDPR and Modern Slavery Compliance
The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Armstrong, co-founder of Cordery Compliance. We take a look back at the evolution of UK and EU laws around bribery, data privacy/data protection and modern slavery and the compliance response.
Some of the highlights include:
The UK Bribery Act was a seminal law for international anti-corruption enforcement which brought another sheriff to town.
How tech monopolies have led to greater enforcement in the UK and EU.
How one person can make a change. Max Schrems was a law school student in 2011.
How the US model of FCPA enforcement influenced regulators across the globe.
The evolution of DPAs in the UK and elsewhere.
Armstrong believes the fight against slavery is a job only half well done.

Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

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24 min
August 25, 2020Matt Kelly on Changes Seen by the 4th Estate
The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Matt Kelly, founder of Radical Compliance. Kelly is a business journalist who was one of the first to gravitate to compliance. We take a look back at the evolution compliance over the past 10 years from the perspective of the 4th Estate.
Some of the highlights include:
How compliance has moved into the mainstream of business news and the discussions about business.
How social media has led to a more robust discussion about corporate ethics and democratized other people's ability to hold companies accountable to ethical standards.
The significance of the COSO 2013 Internal Controls Framework.
Kelly sees FCPA enforcement as fundamentally different than corporate scandals which led to SOX and Dodd-Frank.
The convergence of compliance & ethics and audit & risk management.
The increased use of data in compliance as emphasized in the 2020 Update to the Evaluation of Corporate Compliance Program.
Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

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22 min
August 24, 2020Mike Volkov on Changes in FCPA Enforcement
The FCPA Compliance Report is the longest running podcast in compliance, airing on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective.
In this episode, I visit with Mike Volkov, founder and principal of the Volkov Law Group. We take a look back at the evolution of FCPA enforcement over the past 10 years.
Some of the highlights include:
Volkov looks all the way back to the Father of the FCPA, Judge Stanley Sporkin to see the beginnings of cooperation credit under the current FCPA Corporate Enforcement Policy.
Why was the Parker Drilling enforcement action a seminal moment in FCPA enforcement?
Why the 2012 version of the FCPA Resource Guide was such an important step forward in FCPA compliance. Why the 2020 FCPA Resource Guide, 2nd edition was so welcomed.
The continued evolution of the DOJ on both FCPA enforcement and best practices compliance.
From reading the tea leaves to the 2020 Update to the Evaluation of Corporate Compliance Programs.

The Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-Tom Fox and the Anniversary Episode.

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27 min
August 19, 2020Wirecard and Fraud
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 continue our multipart series on the Wirecard accounting fraud. Today, we take up the issue of fraud in the Wirecard saga.

Some of the highlights include:
Did Wirecard ever make money?
Was Wirecard even designed to make money?
Was it simply a Ponzi scheme??
Why BCCI and not Enron was Wirecard’s role model?
How could BaFin employees oversee Wirecard while investing in it? (Ans: they couldn’t)
What is Round-Tripping fraud and how did Wirecard master it?

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57 min
August 17, 2020Eric Lorber on How the Trade Sanction Sausage is Made
Ever wonder how the sausage is made around economic and trade sanctions? What is the process for persons and companies to be put on the sanctioned lists? Then this is the podcast for you as I am joined by Eric Lorber.
Eric is a vice president at K2 Intelligence Financial Integrity Network, where he advises global financial institutions on issues related to sanctions and anti-money laundering/combating the financing of terrorism compliance. Prior to re-joining FIN, Eric was a senior advisor to the Under Secretary for Terrorism and Financial Intelligence at the United States Department of the Treasury, where he provided strategic guidance on U.S. sanctions and AML/CFT policies. He is also the senior director of the Center of Economic and Financial Power at the Foundation for Defense of Democracies.
Some of the highlights include:
What is the process for creation of economic sanctions?
How does an individual or corporation go on the economic sanctions list?
What is the role of the DOJ?
Who at Treasury leads the effort?
What is the process for enforcement?
Why does Treasury have such an ongoing educational effort around sanctions?

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31 min
August 12, 2020 Mikhail Reider-Gordon on AML and Wirecard, Part 1
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 continue our multipart series on the Wirecard accounting fraud. Today, we begin a two-part exploration of the role of money-laundering in the Wirecard saga.
Some of the highlights include:
·       How money laundering works?
·       What is threat finance?
·       Other examples of German corporate fraud?
·       Why 2006 was such an important year in anti-money laundering?
·       How Wirecard made money through money laundering.
·       The risk related business model used by Wirecard.

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1 hr 1 min
August 10, 2020James Koukios on the MoFo Top 10 International Anti-Corruption Developments for March 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 March 2020.
Some of the highlights include:
Portugal Freezes Assets of Africa’s Richest Woman-could this be even bigger than 1 MDB?
Thoughts on Teva FCPA enforcement action in the context of it completing its DPA.
What is the DOJ saying around FCPA enforcement in the Covid-19 era? (IE., any change in enforcement cadence)
What significance, if any, do you see in Mexico request to extradite former Pemex official?
OECD Expresses Concern over Costa Rica’s Foreign Bribery Enforcement Record. What does this mean?
Resources
To a copy of the Top 10 International Anti-Corruption Developments for March 2020 Newsletter click here.

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26 min
August 05, 2020 WireCard and Germany Inc.
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 continue our multipart series on the Wirecard accounting fraud. Today, we consider the role of Germany Inc. in the Wirecard saga.
Some of the highlights include:
·       Wrap up of the most current event in the Wirecard saga.
·       Where does Germany fit in the global economy?
·       Other examples of German corporate fraud?
·       Where is all this corporate malfeasance coming from?
·       What is the co-determination management structure and how does it play into all this?
·       Political fallout?
·       EU response?

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48 min
August 03, 2020Mike DeBernardis on 2020 Update to the Evaluation of Corporate Compliance Programs and FCPA Resource Guide, 2nd edition
In the Episode, I am joined by Mike DeBernardis, Counsel at Hughes Hubbard, in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. He represents corporate and individual clients in criminal, civil and administrative enforcement matters, including matters involving the Foreign Corrupt Practices Act and securities and accounting fraud. In this episode we take a deep dive into the DOJ’s 2020 Update to the Evaluation of Corporate Compliance Programs and DOJ and SEC FCPA Resource Guide, 2nd edition.
Some of the highlights include:
What were the top changes DeBernardis observed in 2020 Update to Evaluation of Corporate Compliance Programs?
What were the top changes for you in FCPA Resource Guide, 2nd edition?
How should one read the Resource Guide, 2nd with the 2020 Update? In conjunction, separately or in some other way?
Is there any significance to the two documents being released so close together in time?
Should you advise clients to do anything different because of these documents?

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33 min
July 30, 2020Wirecard and Short Sellers
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 continue our multipart series on the Wirecard accounting fraud. Today, we consider the roll of short sellers in the Wirecard saga.
Some of the highlights include:
Wrap up of the most current event in the Wirecard saga.
What is a short seller?
Is it wrong or prohibited?
Are short sellers activists?
History of short sellers and Wirecard.
What happened after so many short sellers warned of fraud by Wirecard.
Was that the end of it?
When were their suspicions vindicated?

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49 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…