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, I welcome back Jag Lamba from Certa AI, the sponsor of this podcast to consider the integration of AI into your overall compliance framework. 

Our discussion emphasizes the importance of using great software to effectively integrate AI into existing processes, systems, and teams. For successful implementation, the software should be both flexible and scalable to suit different organizational needs and volumes. Moreover, the incorporation of guardrails is crucial in areas like third-party compliance due to AI being a relatively new technology. These guardrails function as a framework to prevent excessive autonomy similar to the limitations set on a new coworker. It is fascinating look at the cutting edge use of AI in compliance.

Highlights in this Episode

·       Integrating AI with Existing Systems

·       The Human in the Loop

·       Flexibility and Scalability in Software

·       Key Elements: Guardrails in AI

Resources

Jag Lamba on LinkedIn

Certa AI

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 Vince Walden, founder of KonaAI. Vince reports on the 2024 Update to the Evaluation of Corporate Compliance Programs. (Today’s episode is a cross-posting from Data Driven Compliance.)

Walden, a distinguished expert in compliance data analytics, actively participates in industry forums such as the Society of Corporate Compliance and Ethics annual summit in Grapevine, Texas. He advocates for compliance professionals to have ample access to relevant data sources, enabling them to monitor and test policies, controls, and transactions effectively. Walden stresses the importance of AI developers being vigilant about potential biases and public harm, aligning with the Department of Justice’s stance on accountability. He advises compliance practitioners to collaborate with internal audit and finance teams to ensure they have the necessary transactional data for comprehensive risk assessments, highlighting successful, cost-effective implementations like those at Albemarle as models for gradual, data-driven compliance program adoption.

Highlights in this Episode

• Data-Driven Compliance for Cost Savings
• Enhancing Compliance through Advanced Data Analysis
• Identifying High-Risk Areas for Data Analytics
• Proactive Risk Mitigation through Real-Time Monitoring
• ROI-driven Compliance Programs with Data Analytics

Resources:

Vince Walden on LinkedIn

KonaAI

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 back the well known white collar defense practitioner and contrarian, Jon May as we take a deep dive into May’s concerns with the new DOJ Whistleblower Financial Incentive Program.  

Jon May is a renowned legal expert known for assisting fellow attorneys in developing innovative solutions for complex cases. With extensive experience, May has authored papers critiquing the Department of Justice’s Corporate Whistleblower Program, arguing that it is fatally flawed due to the DOJ’s inherent hostility towards whistleblowers and lack of enforceable rights for them. He highlights significant practical issues within the program, such as the stringent requirement for complete cooperation and the misconception that whistleblowers are solely motivated by monetary rewards. By drawing attention to these critical flaws, May advocates for necessary reforms to make the program more effective and fairer.

Highlights in this Episode

·       Flaws in DOJ’s Whistleblower Reward System

·       Unfair Reward System for Whistleblowers

·       Financial Hurdles in SEC Whistleblower Program

·       Risk and challenges of DOJ whistleblower cooperation

·       Whistleblower rewards in corporate enforcement policies

Resources

Jon May

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 Kevin Carroll to discuss the latest developments in the Trump Jan 6th case, including the Special Prosecutor’s Superseding Indictment.

In this week’s episode, Tom Fox is joined by Kevin Carroll to discuss the latest developments in one of the Trump trials. Jack Smith’s Superseding Indictment in the January 6th case in Washington, D.C., is dissected. Carroll explains the concept of a superseding indictment and its implications for the charges and defendants involved. The conversation also covers the impact of the Supreme Court’s decision on official acts and how it intersects with Trump’s legal strategies. Carroll provides insights into the procedural aspects of the case, potential trial timelines, and the broader ramifications of the court’s rulings on other ongoing cases involving Trump.

Highlights in this Episode:

• The Superior Indictment
• Supreme Court’s Impact on the Indictment
• Trump’s Conversations with Pence
• Trial Within a Trial Concept
• Impact on Other Trump Trials
• Election Proximity and Legal Actions

Resources:

Kevin Carroll 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 welcomes back Miller & Chevalier attorneys Executives at Risk team, including Lauren Briggerman, Katherine Pappas, Ian Herbert, and their newest colleague Laura Deegan.

We dive into key compliance and enforcement topics such as the new DOJ whistleblower initiative, recent OFAC sanctions and export controls, key FCPA enforcement actions focusing on individual liability, and notable AML developments, particularly within the cryptocurrency sector. The discussion highlights the evolving landscape of corporate compliance and the increased need for robust internal reporting and proactive compliance measures.

Resources:

Miller & Chevalier Chartered

Lauren Briggerman

Katherine Pappas

Ian Herbert

Laura Deegan

Executives at Risk, Summer 2024

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 back Mary Inman, Partner at Whistleblower Partners LLC to discuss the new DOJ Whistleblower Incentive Program. 

Tom and Mary discuss the DOJ’s New Whistleblower Incentive Program’s aim to fill gaps in existing reward programs and its focus areas, including financial institution violations, foreign and domestic corruption, and healthcare offenses. Mary highlights some criticisms of the program, such as lack of a reward floor and the cap on rewards, and the potential challenges and impacts on corporate compliance. They also talk about the interplay between whistleblowers, DOJ, and corporate investigations, and the potential for adaptation of the program based on stakeholder feedback.

Highlights in this Episode

·       DOJ Whistleblower Incentive Program Overview

·       Four Focus Areas of the New Program

·       Challenges and Criticisms of the Program

·       Concerns About Reward Mechanisms

·       Race to DOJ: Whistleblowers vs. Corporations

·       Implications for Corporate Compliance

Resources

Mary Inman on LinkedIn

Whistleblower Partners

Tom Fox

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Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. We take things in a different direction today as Tom Fox reposts the recent webinar with Sam Silverstein and Mike Volkov, where we took a deep dive into the Boeing Plea Agreement, the Monitorship, and why culture is the key to a Boeing turnaround.

We explore the recent plea agreement filed by Boeing, the outrage among victims’ families over the proposed penalties, and the appointment of an independent compliance monitor. Key issues discussed include the necessity of a culture overhaul at Boeing, the implications of excluding court jurisdiction over the monitorship, and the role of the board in fostering a culture of compliance and safety. The discussion highlights the critical need to focus on values, accountability, and transparent processes to rebuild trust and ensure long-term organizational integrity.

Highlights of this episode:

• Details of the Plea Agreement
• Compliance Monitor Appointment and Transparency
• The Importance of Culture
• The Role of Compliance Monitors
• Board Involvement and Accountability
• Victims’ Families and Organizational Accountability

Resources:

Sam Silverstein

Mike Volkov

The Culture Audit

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 Bob Tarun and Peter Tomczak from Baker & McKenzie in Part 1 of a two-part podcast series to discuss the latest edition of their book, The Foreign Corrupt Practices Act Handbook.

The conversation covers their professional backgrounds, motivations for updating the book, and significant changes in FCPA enforcement and compliance practices. Bob and Peter provide detailed insights into their writing process and some of the key defenses for FCPA investigations. Key trends in international anti-bribery and corruption enforcement, the evolving role of corporate compliance programs, and strategies for dealing with DOJ expectations are also addressed. The episode concludes with discussions on future prognostications for FCPA enforcement and how listeners can connect with the authors.

Highlights in this Episode

• Meet the Authors: Bob Tarun and Peter Tomczak
• Updating the FCPA Handbook: New Challenges and Insights
• Key Chapters and Practical Advice in the FCPA Handbook
• DOJ Policies and Corporate Compliance
• For the Board: The Pitch Count Policy Caremark Duties
• Defending FCPA Investigations: Strategies and Trials
• International Anti-Bribery and Corruption Trends

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 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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