FCPA Compliance Report

FCPA Compliance Report

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FCPA Compliance Report episodes

  • Gordon Platt-from Investigative Journalism to White Collar Defense

    In the Episode, I am joined by Gordon Platt.  Platt is an attorney, award-winning investigative journalist and filmmaker, and long-time entrepreneur and strategic consultant. His legal practice focuses on representing companies and individuals facing significant challenges in rapidly evolving sectors of the world economy. Areas of focus include: dispute resolution, fraud and internal investigations, and asset tracing and recovery. He is a member of the bar and licensed to practice in New York and Massachusetts. In this episode, we discuss Platt’s return to the full-time practice of law and how the skills he used as investigative journalist enhance his work as a white collar practitioner.

    Some of the highlights include:

    1. What has it been like to return to the practice of law fulltime during Covid-19?
    2. Platt’s work as an investigative journalist.
    3. How did that work inform his approach to the practice of law?
    4. Why Platt has always found that people who attempted to dissuade him from covering something because it was of no interest always led him to become interested?
    5. Where and how does Platt see anti-corruption due diligence headed?
    6. How Platt’s practice is informed by an extensive network of relationships formed over two decades of organizing professional events and programs for investors and entrepreneurs?
    7. For more information on Platt or his law practice, check out his firm’s website here.


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      24 min
    8. Wirecard-a podcast series on the scandal, with Mikhail Reider-Gordon, Part 1-Introduction

      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 begin a multipart series on the Wirecard accounting fraud. 

      Some of the highlights include:

      1. How long was Wirecard been under scrutiny?
      2. What was the role of BaFin in this disaster?
      3. What does this mean for Germany Inc?
      4. Why didn’t the regulators step in?
      5. What about EY?
      6. Where are we headed in the Wirecard Fraud?
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        30 min
      8. Eric Young on the Plumbing and Wiring of Compliance

        In the Episode, I am joined by Eric Young. Eric has been in the compliance field longer than anyone I know and long before it was called Compliance. Eric graduated from Columbia University at the age of 20, with a degree in Economics and has securities licenses with FINRA and is ACAMS-certified. He started with the Fed in 1980 and has 40 years’ regulatory and Chief Compliance Officer experience with the Fed, JP Morgan Chase, General Electric, S&P Global Ratings, and four foreign banks including UBS and most recently, as CCO of BNP Paribas.

        Some of the highlights include:

        Young has been in compliance longer than anyone I know. He gives us a rundown of his professional career starting with the Fed.

        Penn Square. At the time it was the largest bank failure since the Great Depression. What was the significance of Penn Square for the US banking industry and the regulators?

        What are the three things Young is most proud of accomplishing in his career?

        What are 3 pieces of advice Young would give a new CCO today?

        Young tells us about the book he is writing.

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        23 min
      9. Compliance Line 2020 Hotline Benchmark Report

        In the Episode, I am joined Compliance Line co-CEOs Nick and Gio Gallo to discuss the firm’s 2020 Ethics and Compliance Hotline Benchmark Report. We consider various issues related to the Report including what was the genesis of the Compliance Line 2020 Benchmark Report; from what sources and how did Compliance Line draw data to create the Report. We review the Executive Summary of the Report. We consider both the highlights of the Report from the Gallos perspective as well as some of the findings which surprised them. Finally we review the actionable steps Compliance Line suggests your company can take based upon the findings in the Report. 

        Resources

        For more information on Compliance Line, check out their website here.

        To obtain a copy of the Report, click here.

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        31 min
      10. Louis Perold on the State of Compliance In South Africa

        In the Episode, I am joined by Louis Perold, founder of Citadel Compliance. Perold has with more than 20 years’ experience in legal and compliance across various industries including financial, oil and gas, mining, retail and manufacturing. He has successfully transformed and operationalized global ethics and compliance risk management programs from concepts to real-world practices and infrastructures that work. He is a strategic business partner and team-focused leader experienced in delivering proactive solutions that help protect organizations from compliance failures, liabilities, and reputational damage. He is also a well-respected global educator, advocate, and influencer on ethics and compliance risk management effectiveness and best practices.   

        We visit about his founding of Citadel Compliance, the current state of ABC compliance in South Africa and how Covid-19 has impacted business in South Africa. Some of the highlights include:

        • What does Perold hope to bring to the market through your own compliance consulting firm, Citadel Compliance?
        • How does Perold assess the current state of anti-corruption compliance in South Africa?
        • Have internationally focused South African companies come to embrace ABC compliance as a way of doing business?
        • For companies who want to do business in South Africa, what are some of the key issues from the compliance perspective?
        • What are some of the ways coronavirus has impacted compliance in South Africa?
        •  Resources

          For more information on Perold, check out the Citadel Consulting website here.

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          24 min
        • Stanley Foodman on the Travel Act and FCPA

          In the Episode, I am joined by Stanley Foodman, President and CEO of Foodman CPAs & Advisors. He is a bilingual professional that specializes in Forensic Accounting, Complex Tax and Financial Institution Compliance. Foodman is a recognized forensic accountant and litigation support practitioner who specializes in complex tax matters, commercial and civil litigation, financial crimes investigation and defense as well Corporate Governance and financial institution compliance matters. Foodman has served as expert witness and forensic accountant for some of the nation’s most challenging and high-profile economic crimes. Foodman is a JD Supra Readers’ Choice author. His articles have appeared in international and domestic banking journals, newspapers, magazines and on-line publications. 

          We visit about the intersection of the FCPA and Travel At. Some of the highlights include:

          • What led to Foodman’s interest in the Travel Act?
          • What led Foodman to write “Connecting The FCPA With The “Travel Act” In 2020”.
          • How do you connect the Travel Act with the FCPA?
          • The Travel Act originally intended by Robert Kennedy to help in his fight against organized crime. How does its current use build on that original premise?
          • Why are there only a very few FCPA cases where the DOJ used the Travel Act?
          • If a company is primarily liable under the FCPA is there any need for a Travel Act component?
          •  Resources

            See Stanley Foodman article “Connecting the FCPA with the “Travel Act” in 2020”

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            20 min
          • Ian McDougall on the Rule of Law

            In this episode, I am joined by Ian McDougall, the General Counsel for LexisNexis. He is also the President of the LexisNexis Rule of Law Foundation. McDougall is also the Chair of the Global Marketing Committee, where responsible for Professional Association relationships and responsible for Global Rule of Law development. McDougall has a uniquely wide ranging and high-level experience in the delivery of legal advice to substantial corporations at board level (both as a board member and as adviser to the board). Finally, he has presented to and made speeches at the highest international levels; including the International Bar Association, the General Assembly of the United Nations Comprehensive Test Ban Treaty Organisation, and ministers from various governments internationally. In this podcast, you will learn how and why McDougall is so passionate about the Rule of Law.

            Some of the highlights include:

            1. Why McDougall is so passionate about the Rule of Law.
            2. What are McDougall’s 4 principles for defining the Rule of Law?
            3. What is the difference of the Rule by Law and the Rule of Law?
            4. What are three reasons why McDougall believes the Rule of Law is even more crucial at this point in time?
            5. How does the Rule of Law lead the discussion around the areas of the profession of Law, Corporate Social Responsibility and Social Entrepreneurship?
            6. Resources

              Text of Ian McDougall speech on The Rule of Law to IBA Annual Conference Rule of Law Symposium – Rome 2018.

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              24 min
            7. Loren Steffy with Reflections on the 25th Anniversary of Oklahoma City Bombing

              In the Episode, I am joined by Loren Steffy. I met Loren when he was the business columnist for the Houston Chronicle. Steffy now has his own consulting practice. He has been a long-time business journalist, author and commentator on business issues, generally focusing on energy issues. On the morning of April 19, 1995, he was working for Bloomberg in Dallas Texas and was called by a colleague who suggested he hop in his car and drive to Oklahoma City in the wake of the bombing at the Alfred P. Murrah Federal Building. He talks about reporting live from Oklahoma City for the next five days, his reflection on that time 25 years later and how the actions of Timothy McVeigh presaged the issues of domestic terrorism from Oklahoma City to 9/11 to Charlottesville and Charleston. We conclude our podcast with a short discussion on Steffy’s latest book, co-written with Chrysta Castañeda, The Last Trial of Boone Pickens.

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              24 min
            8. Kevin Abikoff and Aline Osorio on Distribution of Proceeds from ABC Enforcement Actions

              In the Episode, I am joined by Kevin Abikoff, partner at Hughes Hubbard and Aline Osorio, International Specialist at the firm. The co-authored a very interesting article entitled “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”. The paper considered where should the proceeds of government enforcement activity be placed and who should get to decide. It was a fascinating topic that I have long considered and wanted to podcast on. 

              Some of the highlights include: 

              • What was the genesis of the paper “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”?
              • Where do funds collected in FCPA cases go in US?
              • Where do funds collected in anti-corruption actions in Brazil go?
              • What was the driving force behind Brazil dedicating monies from the Petrobras settlement to benefit education and the environment in Brazil?
              • What has the current government requested be changed?
              • Who should decide where fines and penalties go? Prosecutors? Executive Branch? Other elected officials? Non-elected officials?

              • You can download a copy of their white paper Corruption Settlements, Coronavirus And The Road Paved With Good Intentions by clicking here.

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                21 min
              • John Warren on 2020 ACFE Report to the Nations

                In the Episode, I am joined by John Warren Vice President and General Counsel at the Association of Certified Fraud Examiners (ACFE). We discuss the 2020 ACFE Report to the Nations, which is the most comprehensive report on the global scourge of fraud. The year’s Report is particularly important with the government bailouts from the fallout of Covid-19. It is a fascinating look of how fraud occurs, where is occurs and the steps you can take to prevent it.

                Some of the highlights include: 

                • What is the ACFE Report to the Nations? How often is it released? What are you trying to capture?
                • What are some of the big picture findings of the Report?
                • What is the annual cost of global fraud?
                • Why are hotlines so critical to fraud detection?
                • What is the fraud tree?
                • What are the 5 critical areas of occupational fraud reviewed?
                • What does the Report to the Nations tell us about corruption?
                • What detection/prevention areas are the most effective for corruption?
                • With COVID-19 and the federal government bailout, why is fraud prevention and detection so much more critical now?
                • You can download a copy of the ACFE 2020 Report to the Nations by clicking here.

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                  28 min

                About FCPA Compliance Report

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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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