FCPA Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom Fox conclude this two-part episode with Bob Tarun and Peter Tomczak from Baker & McKenzie who discuss the latest edition of their book the Foreign Corrupt Practices Act Resource Handbook.

This episode provides an in-depth exploration of Delaware law’s Caremark duties and their evolution, particularly in anti-corruption compliance. The discussion highlights the challenges boards face in implementing and overseeing compliance programs. Additionally, it delves into the intricacies of defending FCPA investigations, with insights into recent high-profile cases such as those involving Walmart, Glencore, and Goldman Sachs.

The conversation also covers the international trends in anti-bribery and corruption enforcement, particularly focusing on regions like China, Southeast Asia, and the Middle East. Key compliance strategies and the importance of cross-border data privacy considerations in investigations are discussed, along with a critical look at the DOJ’s sophistication in evaluating corporate compliance programs.

Highlights in this Episode:

• Introduction to Caremark and Delaware Law
• Key Strategies for FCPA Investigations
• Challenges in FCPA Trials and Compliance
• International Anti-Corruption Trends
• Future of FCPA Enforcement 

Resources:

Foreign Corrupt Practices Act Handbook

Bob Tarun

Email: RobertWTarun@gmail.com

Phone: 312-714-0225

Peter Tomczak

LinkedIn

Baker & McKenzie

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Erica Salmon Byrne to discuss the recently released Ethisphere 2024 Ethical Culture Report: Closing the Speak Up Gap.

They explore the genesis and findings of the report, focusing on the eight pillars of ethical culture and significant insights derived from data collected since 2020. Key topics include the importance of equipping managers to handle employee concerns, generational and tenure-based discrepancies in reporting misconduct, and the persistent issues of retaliation and employee dissatisfaction with the current reporting mechanisms. Additionally, Erica shares practical strategies for compliance teams to address these challenges and enhance their ethical culture.

Highlights in this Episode

• Genesis of the 2024 Ethical Culture Report
• The Eight Pillars of Ethical Culture
• Key Insights: Closing the Speak Up Gap
• The Role of Managers in Compliance
• The Tenure Smile: Willingness to Speak Up
• Strategies for Improving Reporting
• Ethisphere’s Future Plans and Masterclass

Resources:

Erica Salmon Bryne on LinkedIn

2024 Ethical Culture Report: Closing the Speak Up Gap

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcome Jonathan Armstrong to discuss the seismic shift in the UK’s political landscape following the election last week.

The election was literally one for the ages. It led to a significant Labor victory over the Conservatives. They delve into the implications for compliance and governance in both the UK and globally. Topics include the new government’s proactive approach, anticipated shifts in bribery enforcement, and fiscal policies.

They also explore potential changes in AI regulation, employment law, data protection, and international relations, especially concerning Russia and China. The conversation highlights Labor’s balanced strategy, aiming for sensible, centrist policies while addressing key issues like corruption, AI, and data privacy.

Highlights in this Episode:

• An election result for the ages
• Impact on Bribery and Corruption Enforcement
• Trade Sanctions, Russian Oligarch’s and Forced Labor
• AI and Beyond
• Data Privacy and Data Protection
• Labor and Employment Rights

 Resources:

Jonathan Armstrong on LinkedIn

UK General Election 2024 – What Might This Mean for Compliance?

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom Fox welcomes back Adrienne Bellehumeur, a chartered accountant and expert in internal controls and documentation.

Adrienne discusses her recent article on design-centric internal control and emphasizes the importance of focusing on design as the foundation for effective control programs. She outlines five key principles for improving control design and details her approach to challenging processes and governance systems. The conversation also touches on the necessity of continuously updating controls to adapt to evolving business and regulatory environments.

Adrienne shares tips on fostering better design through workshops, effective interviewing, and continuous improvement, while also addressing new developments such as AI and ESG. The episode finishes with insights into how internal controls can support whistleblower programs and the importance of back-to-basics documentation and information management.

Highlights in this Episode:

• Professional Background
• Design-Centric Approach to Internal Controls
• Challenges and Importance of Good Design
• Principles for Improving Control Design
• Back to Basics: Adapting to New Business Developments
• Whistleblower Programs and Internal Controls

 Resources:

Adrienne Bellehumeur on LinkedIn

Risk Oversight

New Approaches to Control Design

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report,  I have a take a deep dive into the Prevalent 2024 Third Party Risk Management Report with Brad Hibbert, the Chief Strategy Officer and COO at Prevalent.

Hibbert drives Prevalent’s product vision and strategy development, which draws from the Third Party Risk Management Report. The Prevalent Report outlines  the complexities of managing third-party vendor relationships, highlighting the various phases involved such as onboarding, contracting, and offboarding. It examines the inefficiencies and risks that arise from fragmented processes and technologies handled by different teams. Our conversation explores how these challenges impact risk visibility and resource management, emphasizing the downstream effects on program scalability and decision-making.

Highlights in this Episode

·       Introduction to Vendor Relationship Phases

·       Challenges in Managing Vendor Relationships

·       Inefficiencies and Risks in Vendor Management

·       Impact on Risk Visibility and Decision Making

·       Pressure on Teams and Resource Implications

Resources 

Brad Hibbert on LinkedIn

Prevalent

Prevalent’s 2024 Third Party Risk Management Report

 Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom Fox has a fascinating visit with Iveta (Evie) Wentink, a 15-year compliance veteran. Evie has worked in the public and private sectors and has expertise in compliance training, hotlines, government contract compliance, data privacy, reporting, & due diligence.

Evie has one of the most unique opening lines for hotline training, which is ‘Do You Know Your Hotline Number?” This simple yet incredibly important question encapsulates Evie’s approach to compliance training: make it simple, direct, and practical for the listeners. (Or, as Carsten Tams would say, ‘It’s all about the UX’).

Our conversation focuses on the critical role of hotline numbers in corporate compliance programs, emphasizing the need for employees to know and trust the hotline. Evie shares insights from her career, highlights the significance of marketing compliance hotlines effectively, and discusses the broader culture of compliance and non-retaliation in organizations. She shares practical tips for improving hotline awareness and usage, making this episode a valuable resource for compliance professionals and organizations alike.

Highlights in this Episode:

• Enhancing Trust through Active Compliance Reporting
• Promoting Reporting Culture Through Creative Marketing
• Ethical Culture: Encouraging Compliance Reporting Safely
• Enhancing Compliance Programs Through Anonymous Hotlines

Resources

Evie Wentink on LinkedIn

Evie’s Top 10 Compliance Back to Basics

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report,  I welcome Professor Andy Spalding, an expert in anti-corruption law, to discuss his extensive work with the Paris Olympic Committee in preparation for the 2024 Olympic Games. 

Spalding shares insights about his involvement with the French Anti-Corruption Agency (AFA) and elaborates on how anti-corruption and human rights reforms are being integrated into the Olympic preparations. The discussion also delves into the historical significance of these reforms and their potential to leave a lasting positive impact. Furthermore, Fox and Spalding explore the groundbreaking work done by Qatar during the FIFA World Cup and its implications for future mega sporting events. The episode concludes with thoughts on how the accumulated knowledge and best practices from different countries could shape the future of global sporting events, emphasizing the importance of collaboration among stakeholders.

Highlights in this Episode

·       Involvement with Paris 2024 Olympics

·       Role and Impact of French Anti-Corruption Agency (AFA)

·       Innovative Compliance Measures for Paris Olympics

·       Comparison with Qatar’s World Cup Reforms

·       Future of Anti-Corruption in Mega Sporting Events

Resources 

Andy Spalding at University of Richmond – School of Law

CCI Webinar on A New Era in Megasports Anti-Corruption

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, welcome back fan favorite Kenyen Brown, now at his new firm, Thompson Coburn LLP.

Kenyen Brown joins Tom Fox to discuss his experience reviewing the Mobile AL Police Department use of force on behalf of his client, the City of Mobile.

Kenyen Brown is a renowned legal expert with a wealth of experience in investigations and legal work concerning constitutional standards in the use of force. His perspective on this topic is heavily influenced by his extensive background in various roles, such as US Attorney and counsel for Senate and House ethics committees, which has allowed him to deeply understand the intricacies of law enforcement and constitutional standards.

Brown firmly believes that police departments ought to adopt proactive measures, including independent third-party oversight, to align their practices with constitutional standards, particularly in the utilization of force. His experiences, notably his review of the Mobile Police Department’s use of force incidents, have led him to advocate for proactive, independent oversight to improve community relations and prevent deadly force incidents.

He underscores the necessity of reevaluating and enhancing general orders, principles, and training to ensure law enforcement officers’ compliance with constitutional standards, thereby reducing the likelihood of deadly force incidents and potential civil rights violations.

 Highlights in this Episode:

• Preventing DOJ Intervention Through High Policing Standards
• Community-Led Oversight: Enhancing Police Department Practices
• Constitutional Standards for Use of Force
• Public Involvement in Police Accountability and Transparency
• Controversial Police Practice: No-Knock Raids

Resources :

Kenyen Brown on LinkedIn

Thompson Coburn LLP

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, we welcome back fan favorite Mary Inman, now at her new firm, Whistleblower Partners LLP, a firm dedicated to assisting whistleblowers navigate various reward programs.

Mary joins Tom Fox to discuss what we know so far about the DOJ Whistleblower Incentive Initiative.

Mary has a positive perspective on the Department of Justice’s (DOJ) White Collar Whistleblower Program. She acknowledges the gaps in existing whistleblower reward programs across multiple agencies and sees the DOJ program as a crucial opportunity to fill these lacunae. Inman’s expertise, particularly in the SEC program, allows her to identify specific gaps, such as the lack of financial protections for whistleblowers reporting Foreign Corrupt Practices Act violations involving companies not publicly listed on US exchanges.

From her perspective, the DOJ program will address serious financial crimes, including domestic corruption. Inman also anticipates that the DOJ will establish its own office of the whistleblower, mirroring similar initiatives in other agencies, hence providing both confidential and anonymous reporting avenues.

Topics Covered in This Episode:

• Specialized Law Firm for Whistleblower Reward Programs
• Financial Crime Reporting Enhancement Initiative
• Establishing a Central Office for Whistleblowers
• Championing Transparency: Grassley’s Whistleblower Advocacy
• Wellness Fund Support for Whistleblowers

Resources:

Mary Inman on LinkedIn

Whistleblower Partners LLP

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, welcome Sam Silverstein. They take a deep dive into how Boeing can begin to overhaul and reform their toxic culture, which led to the 2024 compliance and ethics failures. They discuss the power of the Culture Audit™, which is the sponsor of this podcast.

Sam Silverstein is a seasoned professional with over three decades of experience in corporate culture. Silverstein believes that a strong leadership role is crucial in driving culture change within an organization. His philosophy is that action follows belief, stressing that leaders must genuinely prioritize creating a culture of quality, compliance, and safety for it to truly thrive.

Silverstein maintains that the CEO’s primary role is to protect the organization’s culture, while the COO should ensure operations align with the board and CEO’s strategic plan. His experiences, particularly his insights drawn from Boeing’s situations, have shaped his belief that prioritizing culture over short-term profits, along with a culture audit and specific implementation plan, can help address systemic issues and foster a high-performance workplace culture. 

Topics Covered in This Episode:

• Transition from Safety to Profit Culture at Boeing
• Measuring Organizational Culture through Employee Engagement
• Creating Accountable Leaders for Organizational Culture Transformation
• Cultivating Sustainable High-Performance Organizational Culture
• Cultivating Employee Trust Through Genuine Leadership Efforts
• Rewarding Ethical Behavior for Organizational Integrity
• Data-Driven Organizational Culture Enhancement Process
• Recognition and Amplification through Personalized Engagement

Resources:

Sam Silverstein

Sam Silverstein on LinkedIn

Sam Silverstein

The Culture Audit™

Tom Fox

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