FCPA Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jennifer B. Gardner, a seasoned trial lawyer and expert in leadership and influence. She shares her unique professional journey, from running her law practice to becoming a master storyteller in the courtroom.

Jennifer delves into the importance of emotional intelligence, right-brain communication in influencing and persuading, and the necessity of understanding human psychology to lead and connect with diverse audiences effectively. Jennifer also sheds light on how these skills translate into the corporate compliance world, emphasizing the power of crafting messages that resonate emotionally and using simple, compelling language.

She offers practical tips on combining data with storytelling, understanding one’s audience, and developing resilience in high-pressure situations. Whether you are a compliance officer, lawyer, or business leader, Jennifer’s insights provide valuable strategies for becoming more influential and effective in your professional role.

Highlights in this episode:

• Jennifer’s Journey into Law and Leadership
• The Power of Influence in Law
• Applying Influence in the Corporate World
• The Art of Storytelling in Legal Cases
• Somatics and Leadership
• The Importance of Self-Awareness and Mindfulness
• Exploring the Art of Influence Program

Resources:

Jennifer B. Gardner on LinkedIn

Gardner and Associates Law Firm

The Art of Influence

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom engages in a comprehensive discussion with Bruna Veiga about the evolution and significance of the compliance department in the financial markets in Brazil and globally.

Bruna describes her journey, starting as a trainee and advancing to her current role as a Legal and Compliance Officer in fund management. She highlights the crucial role of combining regulations from different regions, particularly the rigorous frameworks in Brazil and the United States, to manage compliance effectively. The conversation delves into the historical development of compliance programs in Brazil, the challenges faced, and the similarities with the U.S. regulatory landscape. Bruna provides insights on managing compliance amidst evolving regulations, the importance of continuous learning, and establishing a culture that values ethical compliance. Key topics such as money laundering, AI governance, and compliance considerations in marketing are also explored, offering valuable strategies for compliance professionals to navigate these complex areas.

Highlights in this episode:

• Development of Compliance in Brazil
• Navigating Multiple Regulations
• Hot Topics in Compliance: AI and Money Laundering
• Compliance Communication and Engagement
• Career Advice for Aspiring Compliance Professionals

Resources:

Bruna Veiga on LinkedIn

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This edition delves into the implications of Donald Trump’s presidency for corporate compliance and ethics.

We share some initial thoughts from compliance officers and industry experts, exploring the widespread concern over Trump’s controversial character and potential impact on businesses’ ethical cultures. Key discussion points include the existential angst among compliance professionals, the future of FCPA enforcement, and the role of influential figures like Elon Musk in the Trump administration. The episode underscores the importance of maintaining robust compliance programs despite political uncertainties and the potential for increased regulatory challenges and internal corporate risks.

Highlights in this episode:

• Compliance in the Trump Era
• Existential Angst in Compliance
• FCPA Enforcement Under Trump
• Elon Musk’s Role in the Administration
• The Future of Compliance and Governance
• Conclusion: The Risks of Relaxed Controls

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Adrian Roux, a senior associate at Edward Nathan Sonnenberg, to discuss recent legislative changes in South Africa’s anti-corruption efforts and their global relevance.

Adrian highlights the introduction of a new offense in South Africa akin to the UK’s Bribery Act’s ‘failure to prevent bribery’ offense and discusses a new policy directive for non-trial resolutions for companies facing corruption charges. Both initiatives aim to mitigate extensive corruption exposed during the Zuma era’s state capture saga, which involved high-profile public and private sector corruption cases investigated by the Zondo Commission.

Adrian explains the challenges and implications of these legislative changes for compliance professionals globally, emphasizing the importance of understanding new compliance obligations and developing adequate procedural defenses. Additionally, the episode touches on increased international cooperation between South African and U.S. authorities in white-collar enforcement. This collaboration, noted in recent FCPA enforcement actions, signifies a growing trend towards global enforcement in corporate compliance and anti-corruption matters.

Highlights in this episode:

• New Legislative Changes in South Africa
• Failure to Prevent Offense
• Adequate Procedures and Compliance Programs
• Corporate Alternative Dispute Resolution Directive
• International Cooperation in White Collar Enforcement 

Resources:

Arian Roux on LinkedIn

ENS Law Firm

Zondo Commission Report on State Capture

Article on 34A of the Prevention and Combating of Corrupt Activities Act

Tom Fox

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For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

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For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox.

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Frank Tumminello for an in-depth discussion on the Corporate Transparency Act (CTA) and its business implications.

They delve into the reasons behind the CTA, a law established under the Anti-Money Laundering Act of 2020, and its importance in enhancing transparency and preventing criminal activities like tax evasion and money laundering. Despite being in effect for nearly a year, there needs to be more awareness, with only 15% of the 40 million affected companies having complied. Frank explains the Beneficial Ownership Information (BOI) report, its requirements, and the challenges businesses might face in staying compliant. They also touch upon the misconceptions and legal difficulties surrounding the CTA, as well as the efforts of FinCEN to facilitate compliance, including the potential for extended deadlines in hurricane-affected FEMA zones. Lastly, Frank introduces ‘File Forms,’ a platform designed to streamline BOI reporting, highlighting its features, success stories, and support to businesses navigating these new requirements.

Highlights in this episode:

• Overview of the Corporate Transparency Act
• Purpose and Misconceptions of the CTA
• Beneficial Ownership Information Reporting
• Constitutionality and Legal Challenges
• FinCEN Updates and Compliance Efforts
• File Forms: Features and Benefits

Resources:

Frank Tumminello on LinkedIn

FileForms

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes back Alexander Cotoia to discuss the intricate and profoundly impactful topic of anti-boycott compliance related to U.S. companies involved in international trade.

They delve into the specifics of the EAR’s anti-boycott provisions, a framework designed to prohibit U.S. companies from participating in or supporting foreign-imposed boycotts not endorsed by the U.S. government. The conversation highlights the strict reporting requirements enforced by BIS and IRS to ensure transparency and adherence to U.S. trade compliance interests. Alexander explains the details of Quantum Corporation’s recent settlement over violations, emphasizing the importance of active reporting to maintain U.S. trade relationships. The discussion also touches on potential compliance challenges, particularly regarding China and Taiwan. Tune in for best practices in anti-boycott compliance and learn how to navigate this complex regulatory landscape.

Highlights in this episode:

• Understanding Anti-Boycott Law
• Deep Dive into EAR’s Anti-Boycott Provisions
• Enforcement and Compliance
• Case Study: Quantum Corporation
• Best Practices for Compliance
• Global Implications and Future Concerns

Resources:

Alexander Cotoia on LinkedIn

Volkov Law Group

Alexander Cotoia’s article on BIS – Quantum Corp Enforcement Action

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox visits with Sam Silverstein on how compliance professionals should view the new DOJ mandate on using data to assess, manage, and improve corporate culture through data-driven compliance. The Culture Audit sponsors this podcast.

In this comprehensive discussion, Tom Fox and Sam Silverstein delve into the 2024 Update to the Evaluation of Corporate Compliance Programs (ECCP) by the DOJ. Released in September, this latest update emphasizes the importance of data analytics, culture, engagement, and trust in compliance programs. With a detailed breakdown of over 250 questions posed by the ECCP, Tom and Sam provide valuable insights on how companies can benchmark their compliance programs and prepare for potential investigations. They highlight the role of a culture audit in addressing the DOJ’s requirements, offering a detailed look into how organizations can measure and improve their compliance culture. This webinar educates compliance professionals on the latest DOJ expectations and provides practical tools and methodologies to enhance corporate compliance efforts.

Highlights in this episode:

• Importance of Culture and Data Analytics
• Leveraging Data for Compliance
• Measuring and Improving Culture
• Data-Driven Culture of Compliance
• Understanding and Utilizing Culture Audit Data
• Forward Steps for a Stronger Culture

Resources:



Culture Audit

Set up a call to discuss the Culture Audit. Click here

Sam Silverstein and the Accountability Institute

Sam Silverstein on LinkedIn

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 visits with Dr. Ian Oxnevad and Chris Mason from Infortal Worldwide about the Israeli attack on Hezbollah through its pagers and explores what all of this means for the compliance professional.

The podcast explores the compliance and supply chain ramifications stemming from pagers licensed by a Taiwanese company to a Hungarian firm which were subsequently used to disrupt Hezbollah’s operations. This incident serves as a springboard for discussing the broader implications for global businesses, emphasizing the essential role of due diligence in complex supply chains. The episode offers insightful commentary on how Hezbollah’s lack of scrutiny over their suppliers led to vulnerabilities that were exploited by Israel, acting as a cautionary tale for organizations everywhere. Key topics include the unexpected ways legitimate companies can be compromised, the pervasive nature of risk management, and the importance of vetting and verifying partners across all industries to maintain business integrity and reputation.

Highlights in this Episode:

• Attack on Hezbollah
• Compliance and Supply Chain Issues
• Payment Anomalies and Red Flags
• Lessons Learned and Risk Management
• The Importance of Knowing Your Risk Profile
• Unintended Consequences and Risk Management
• Final Thoughts on Supply Chain Vulnerabilities

Resources

Infortal Worldwide

Dr. Ian Oxnevad on LinkedIn

Chris Mason on LinkedIn

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 cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed

In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company’s journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart’s FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment.

Highlights in this Episode:

• The First Deferred Prosecution Agreement (DPA)
• The Second DPA and Lava Jato Investigation
• Compliance as a Competitive Advantage
• Detecting and Addressing Misconduct
• Remediation and Strengthening Compliance
• Financial Benefits of Compliance
• Comparing with Walmart FCPA Case

Resources:

Nicolas Tollet at Hughes Hubbard & Reed

Tom Fox

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For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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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, in this episode, host Tom Fox is joined by Roxanne Petraeus and Susan Divers from Ethena to discuss innovative perspectives on compliance training, specifically focusing on the 2024 update to the Evaluation of Corporate Compliance Programs. 

Roxanne, drawing from her military background, emphasizes the importance of practical and effective compliance training that resonates with employees rather than traditional ‘check-the-box’ methods. Susan highlights the shift towards emphasizing outputs over inputs, urging for compliance programs that are not just on paper but practiced and understood by all employees.

The discussion delves into the new expectations from the DOJ regarding the use of AI and data analytics in compliance, positioning compliance officers as pivotal to maintaining organizational justice and fairness. They also explore strategies for persuading senior management to prioritize compliance through emphasizing organizational culture and reputation. The conversation concludes with the role of leadership in fostering a compliant culture and practical steps for reaching out to Ethena for further insights.

Highlights in this Episode

·       Deep Dive into the 2024 Compliance Program Update

·       Roxanne’s Journey and Ethena’s Mission

·       Susan’s Transition to Athena

·       Outputs Over Inputs: A New Compliance Focus

·       The Role of AI in Compliance

·       Leadership and Compliance Strategy

Resources

Roxanne Petraeus on LinkedIn

Susan Divers on LinkedIn

Ethena

Tom Fox

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For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox.

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