Foxcast Legal Listening

Episode 38

A Blueprint for Compliance: The Fraud Pentagon Theory

How can you pinpoint employee behaviors that signal a potential risk of fraud in your company, especially if you operate in a highly regulated industry? Join host Matt Adams for this insightful episode featuring Nicole Sliger and Jonathan Marks, forensic accountants with the global accounting and consulting firm, BDO. The trio provides practical guidance on compliance management, informed not only by personal experiences but also the five components of the Fraud Pentagon Theory. Developed by Jonathan, this theory helps companies identify the human element that can lead to employees engaging in activities that put a company at risk for white-collar crimes. You’ll learn to recognize key red flags and take actionable steps to safeguard your organization.

Episode 37

Vintage or Trendsetting? The SDNY's Whistleblower Pilot Program

The Department of Justice launched a Whistleblower Pilot Program in the Southern District of New York in February. But is it a groundbreaking program, or an existing policy simply wrapped in fresh branding? Seasoned white-collar litigator Andrew Bernstein joins his partner and series host Matt Adams to dissect the program. The two give their candid opinions on its limitations, effectiveness and potential for expansion outside the SDNY. Listen to find out why it’s critical to contact an attorney before making a self-disclosure directly through the program

Special Edition: Episode 36

Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling

The U.S. Drug Enforcement Agency (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department Health and Human Services’s recommendation to reschedule marijuana from Schedule I to Schedule III. Josh Horn, Co-Chair and founder of our Cannabis Law Practice, joins host Matt Adams to explore this trailblazing announcement by the DEA. Their discussion digs into the business and banking ramifications for cannabis companies of the potential rescheduling. They also explore social justice issues for people formerly incarcerated for nonviolent crimes related to the possession and use of the marijuana. And they examine the parallels to Prohibition as well as consider the benefits rescheduling could have for medical research and municipal revenue generation.

Episode 35

A Double-Edged Sword? The DOJ Confronts AI

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible – and possibly criminal – things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information Security Officer. He joins series host Matt Adams to discuss AI in light of DOJ Deputy Attorney General Lisa Monaco’s public statements this year surrounding the emerging technology. Mark offers his perspective on the future of machine cognition, including whether it’s possible to recognize potential criminal activities aided by AI. The pair also explores legal and ethical perspectives of using generative AI in the workplace. You’ll hear valuable recommendations on how to incorporate this new technology into your business while establishing guardrails and policies to keep proprietary and personal data secure. If you’re using or considering using Gen AI in your workplace, this episode is for you.

Episode 34

A Conversation With Jesse Eisinger, Author of 'The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives'

In a single decade, the prosecutions of those accused of white-collar crime underwent a radical transformation. This thought-provoking episode will take you back in time to explore the DOJ approach in the early 2000s Enron era and walk you forward into the Great Recession and the collapse of the financial markets. Jesse Eisinger, a Pulitzer Prize-winning journalist, joins host Matt Adams to discuss his book, "The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives." The pair discusses how the pendulum swung drastically from a time of nightly executive perp walks on the evening news, to today, where settlements reign supreme and accountability for inflicting widespread economic harm via white-collar crimes is absent. You’ll discover the historical context for the Department of Justice's current Principles of Corporate Prosecution and find out how politics — sometimes counterintuitively — plays into the Department of Justice’s actions.

Episode 33

Framing the Narrative: Journalism's Influence on the Presumption of Innocence

In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of reporting, he has maintained and demonstrated empathy for the people who are at the heart of any story he’s written. He and host Matt Adams explore how changes in journalism, including the way reporters approach a story and the impact left by a digital footprint, may have eroded the presumption of innocence to which every defendant is entitled. This episode also offers insight into how defense attorneys can flex the media narrative to benefit and protect their clients.

Episode 32

Celebrating Women’s History Month With WWCDA’s Global Chair and Co-Founder

The Women’s White Collar Defense Association is an integral force in the world of white-collar law. It personifies the theme of this year’s Women’s History Month: “Women Who Advocate for Equity, Diversity and Inclusion.” Global chair and co-founder of WWCDA, Karen Popp, and Marissa Koblitz Kingman, our partner and a leader in WWCDA’s New Jersey chapter, join host Matt Adams in this special episode in recognition of Women’s History Month. The trio examines the major strides made by WWCDA since its founding in 1999 and highlights its impact today on the practice of white-collar criminal defense law for both men and women. Marissa also shares how her involvement and leadership in WWCDA have benefited her career and practice.