This Week in FCPA

As Rudy Giuliani charges the Trump Administration $20K a day for fantasy legal representation, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1.     OECD finds big success in US anti-corruption efforts. Menqgi Sun in the WSJ Risk and Compliance Journal. To read the full report, click here.

2.     Clawbacks in FCPA enforcement. Dick Cassin explores in the FCPA Blog. 

3.     Investor protection at the PCAOB? J. Robert Brown in the NYU Compliance and Enforcement Blog.

4.     Can lawyers be CCOs? Only if you rewire your legal brain. Nicole Di Shino in Corporate Compliance Insights.

5.     Och-Ziff pays cheated investors (finally). Dylan Tokar in the WSJ Risk and Compliance Journal.

6.     The scrourge of human trafficking. Mike Volkov takes a 2-part look in Corruption Crime and Compliance. Part 1. Part 2.  

7.     Getting rid of corruption enablers. Rick Messick in GAB.

8.     Corporate governance under the Biden Adminisration. Michael Peregrine in the D&O Diary.

9.     Katie Smith is back with Part 3 of her four episode month on The Compliance Life. This week’s episode is knowing when its time to go.

10.  Interested in sports, the Boston Celtics or leadership. Check out my podcast with Compliance Week Editor in Chief, Dave Lefort with our reflections of Tommy Heinsohn. 

11.  On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we into compliance in the 2020s and beyond.  Monday-innovation through KPIs; Tuesday-Compliance at the table; Wednesday– Consistency as a Compliance best practice; Thursday– creating an inventory of metrics; Friday– Leveraging AI in Complinace Investigations. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.  

12.  Join K2 Integrity MD Anna Gumowska and Director Shannon Rainey as they discuss investigative due diligence to help uncover areas of risk and opportunity in the acquisition context. Webinar will be Wednesday, December 2 at 1600 GMT, 10 AM CT, 11 AM ET. Registration and details are available here. 

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As President-Elect Biden begins the long struggle of transition with the temper-tamper throwing Trump Administration, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

1.  Mike Volkov revisits the Herbalife FCPA settlement. On Corruption Crime and Compliance.
2. Did culture shock contribute to the severity of the Beam Suntory FCPA enforcement action. Dick Cassin explores in the FCPA Blog.
3. What might compliance look like under a Biden Administration? Matt Kelly considers in Radical Compliance. Tom and Matt take a deep dive in Compliance into the Weeds.
4. COSO says risk and compliance need to be more aligned. Jack Hagel in the WSJ Risk and Compliance Journal.
5. CCOs and personal liability. Jonathan Marks in Board and Fraud.
6. Are companies undervaluing their potential FCPA exposures? Bill Steinmann considers in the FCPA Blog.
7. Proseucuting Trump. Rick Messick in GAB.
8. The uncertainty and risk of doing business with Chinese companies. Dick Cassin reivews in the FCPA Blog.
9. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we continue our exploration of compliance for Business Ventures.  Monday-the future of compliance training; Tuesday-Compliance Practitioners skills; Wednesday– Compliance Profession Talents; Thursday– data as compliance advantage; Friday– Connected Compliance. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
10. Join K2 Integrity (formerly K2 Intelligence FIN) for a November 18 webinar, on combatting the financing of terrorism in the domestic context. Learn more and register here.
11. Next week, join the Internation Federation of Compliance Institutes for its first International Congress. November 16 to 20, registration and information here. Join myself ECI’s Pat Harned and a host of others at this great event.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As the whole world counts down to the US election, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1.     Goldman Sachs settles FCPA enforcement action involving Tom with a five-part series on FCPA Compliance and Ethics Blog, Mike Volkov with a 3-part series on Corruption, Crime and Compliance, Tom and Matt on Compliance into the Weeds and the Everything Compliance gang with their first emergency video podcast. 

2.     The Beam Suntory FCPA enforcement action. Harry Cassin breaks the story in the FCPA Blog. Matt Kelly provides some lessons in Radical Compliance. 

3.     What can investigators learn from Wirecard? Llyodette Bai-Marrow in the FCPA Blog. 

4.     TLI President sentenced to 48 months in prison. Dylan Tokar in the WSJ Risk and Compliance Journal.

5.     Why the Exit Interview is such a useful exercise. Jonathan Marks in Board and Fraud.

6.     It’s Halloween. What are your (corp) skeletons? Michael Toebe in CCI.   

7.     Experian to appeal ICO fine. Jaclyn Jaeger in Compliance Week.

8.     Channel you inner Sherlock Holmes to determine UBOs. Alia Noor on xpertsleague.com.

9.     On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we  continue our exploration of compliance for Business Ventures.  Monday-Franchisor Liability; Tuesday-Franchisor compliance; Wednesday– Following the money thru distributors; Thursday– Distributor liability; Friday– Why Business Ventures are Different than 3rd Parties. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.  

10.  Join K2 Intelligence FIN for a November 5 webinar, highlighting scenarios in which investigative due diligence can help uncover areas of risk and opportunity in the wake of COVID-19. Learn more and register here. 

11.  Virtual book launch for Sending the Elevator Back Down. Thursday, November 5, 4:30 ET. Information and registration here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As the Great Women in Compliance hosts publish their first book and Goldman Sachs settles its massive FCPA enforcement action over 1MDB, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1.     Goldman Sachs settles FCPA enforcement action involving 1MDB. See, DOJ Press Release and Remarks of Acting Assistant Attorney General Brian Rabbitt. 

2.     What have we learned? Team #GWIC (Mary Shirely and Lisa Fine) publish their first book, Sending the Elevator Back Down. Annoucement on CCI.    

3.     What are the lessons of J&F Investments? Tom takes a deep dive in a 5-Part series on the FCPA Compliance and Ethics Blog. Part 1-Introduction, Part 2-the Bribery Scheme, Part 3-the SEC Order, Part 4-the Plea Agreement, Part 5-Final Thoughts. Mike Volkov does as well in a 4-Part series on Corruption Crime and Compliance. Part 1, Part 2, Part 3, Part 4. Tom and Matt Kelly go into the weeds on Compliance into the Weeds. 

4.     World Bank to put more resources into evaluating compliance programs. Joshua Ray in the FCPA Blog.

5.     Do DPAs and NPAs encourage recidivism? Dylan Phillips continues the debate in the FCPA Blog.

6.     Is there more corruption now in college sports? Pat Forde in SI.com.  

7.     What is the future of financial fraud? Jonathan Karpoff in the Harvard Law School Forum on Corporate Goverance.

8.     Will FinTech be the great enabler of the next Industrial Revolution? Ingrid Vasiliu-Feltes on xpertsleague.com.

9.     The Everything Compliance gang is back. In this episode, they consider what enforcement might look like under a Trump or Biden Administration. Listen here. 

10.  On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we  continue our exploration of compliance for Business Ventures.  Monday-Tying it all together for JVs; Tuesday-Know Your Customer; Wednesday– the Corporate Controller and Business Ventures; Thursday– Financial review of your business venture partner; Friday-Distributors as Business Venture Partners. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.  

11.  Join Tom and Sam Silverstein for an Executive Forum on Ethics and Accountability on October 28, 2020 12-1 PM CT. Check at the agenda and register here. 

12.  Join Tom, Holly Sais Phillippi, Head of Americas Risk Sales, Refinitiv and Kelly M. Slavitt in a Refinitiv sponsored webinar, The Future of Due Diligence: Third-Party Risk in the Era of COVID-19, Tuesday, October 27, 1-2 PM CT. Check at the agenda and register here. 

13.  Check out the replay of the Navex Next 9th Annual Risk & Compliance Virtual Conference event Beyond the Moment. For more information, go here. 

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As the (non-cheating) Houston Astros to attempt to return to the World Series, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1. J&F Investments settles FCPA criminal case. Harry Cassin (as usual) breaks the story in FCPA Blog.
2. Why third-party due diligence is an ongoing exercise. Mike Volkov in Corruption Crime and Compliance. Jim Nortz takes a deep dive into 3rd party risk management in Part 1 of a six-part series on CCI.
3. Citigroup spanked for $400MM by OCC and the Fed. Matt Kelly with a double dive on Radical Compliance (Part 1 & Part 2). Matt and Tom take a deep dive on Compliance into the Weeds.
4. Ephemeral messaging frowned upon by SEC. Jonathan Marks in Board and Fraud.
5. The WEF’s ESG reporting now includes anti-corruption metrics. Worth MacMurray and Elaine Dezenski in the FCPA Blog.
6. Supply Chains under more scrutiny. Vera Cherepanova in Navex Global’s Risk and Compliance Matters.
7. Some open-door tales. Richard Leisner with a guest post on the D&O Diary.
8. Do the FinCen Papers show we need an AM whistleblower protection program? Hamsa Mahendranathan in NYU Compliance and Enforcement Blog.
9. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we continue our exploration of compliance for Business Ventures. Monday-Safe Harbor in M&A; Tuesday-Pre-acquisition DD, the business perspective (with special guest Vin DiCianni); Wednesday– Pre-acquisition risk assessment; Thursday– Pre-acquisition due diligence; Friday-Integrating post acquisition (with special guest Eric Feldman). Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
10. Join Tom and Sam Silverstein for an Executive Forum on Ethics and Accountability on October 28, 2020 12-1 PM CT. Check at the agenda and register here.
11. Join Tom, Holly Sais Phillippi, Head of Americas Risk Sales, Refinitiv and Kelly M. Slavitt in a Refinitiv sponsored webinar, The Future of Due Diligence: Third-Party Risk in the Era of COVID-19, Tuesday, October 27, 1-2 PM CT. Check at the agenda and register here.
12. Check out the Navex Next 9th Annual Risk & Compliance Virtual Conference event Beyond the Moment October 22 from 10 AM to 4 PM. Check at the agenda and register here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As President Trump claims to be ‘Covid-free’ and the (non-cheating) Houston Astros prepare to return to the ALCS, Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1. JPMorgan pays $920 million fine for spooking. Matt Kelly looks at it in Radical Compalince. Tom and Matt take a deep dive in Compliance into the Weeds. Mike Volkov considers on Corruption Crime and Compliance.
2. What is ‘efficient patent infringement’ (sort of like being ‘just a little bit’ pregnant)? Jon Rusch in Dipping Through Geometries.
3. Of donut holes and cyber attacks. Jonathan Marks in Board and Fraud.
4. What is effective discipline? Jeff Kaplan in CEP Magazine.
5. Is the SEC moving to increase its penalties in light of Lui? Robert Cohen and Stefani Johnson Myrick in NYU’s Compliance and Enforcement Blog.
6. Mobile devices and internal investigations. David Carns in CCI.
7. What is a Grand Jury subpoena? Sara Kropf in Grand Jury Target.
8. The Everything Complaince gang takes a dive into the Herbalife FCPA resolution. Monday-Mike Volkov on what he would have done; Tuesday-Jay Rosen on the lack of a monitorship; Wednesday-Matt Kelly on the role of Internal Audit; Thursday-Jonathan Marks on the role of gatekeepers; Friday-Jonathan Armstrong on the UK perspective.
9. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we continue our exploration of compliance for Business Ventures. Monday-Dis-linking illegal conduct; Tuesday-JV Risks Under the FCPA; Wednesday– JV Due Diligence; Thursday-Compliance T&C’s in JV agreements; Friday-Auditing JVs .Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
10. Join Tom (and Matt Kelly) for Home Stretch 2020, a webinar sponsored by Complaince Line. Check at the agenda and register here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As President Trump fumbles through the worst performance ever in a Presidential debate, the NBA Finals and MLB Playoffs are here. Tom and Jay are back to look at top compliance articles and stories which caught their eye this week.

1.  Sara Kropf admitted to American College of Trial Lawyers. On how she became a lawyer in Grand Jury Target.
2. Calling a bribe a facilitation payment doesn’t make it legal. Dick Cassin explains in the FCPA Blog.
3. Tom takes a deep dive into the Sargeant Marine FCPA enforcement action. Part 1-Intro, Part 2-the Enforcement Action, Part 3-the Penalty, Part 4-the Individual Guilty Pleas, and Part 5-Lessons Learned.
4. Compliance risk around collaboration tools. Matt Kelly in Radical Compliance. Tom and Matt take a deep dive in Compliance into the Weeds.
5. Can VW change its culture? Mengqi Sun and Jack Hagel in the WSJ Risk and Compliance Journal.
6. Is your company (and you as well) ready for the future. Jim DeLoach on how to do so in CCI.
7. NYC Bar releases recommendation on CCO liability in regulated industries. NYU Compliance and Enforcement Blog.
8. Jonathan Marks asks “Quis Custodiet Ipsos Custodes”? In his Board and Fraud blog.
9. This month on The Compliance Life, I am joined by DeAnna Nwankwo. In this week’s Part 4, DeAnna talks about standing your ground when you have to do so as a CCO. 
10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, we conclude this month focuses on internal controls. This week saw the following offerings: Monday– Aseessing internal controls; Tuesday– Gap Analysis; Wednesday– Culture as an internal control. Join us in October for Business Ventures. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
11. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As the ICIJ releases some 2100 SARs from FinCen detailing over $2 trillion in illegal banking activity, the fires in California, Oregon and Washington finally abate. Tom and Jay are back to look at top compliance articles and stories which caught their eye this week. 

1. The FinCen Papers. Banks and SARs. (NYT) HSBC allowed Ponzi scheme. (BBC) Cache of FinCen docs made public. (BBC) Aaron Nicodemus says it puts compliance in a bad light in Compliance Week (Sub Req’d). Martin Woods on the breach of trust in Compliance Week (Sub Req’d). Jaclyn Jaeger says look at the banks, In Compliance Week (Sub req’d). Matt Kelly weighs in on Radical Compliance.
2. More data analytics tools for compliance. Dylan Tokar in the WSJ Risk and Compliance Journal.
3. What makes a ‘Great Woman in Compliance’. Mary Shirley reports on her journey as co-host of #GWIC in CCI.
4. What does doing more with less mean for compliance? Matthew McFillin and Amanda Rigby in the FCPA Blog.
5. What are the 7 sins of ESG Management? FTI in the Harvard Law School Forum on Corporate Governance.
6. The largest AML case in Hong Kong history. Jon Rausch in Dipping Through Geometries.
7. Oil trader cops to FCPA violation. Harry Cassin breaks the story on the FCPA Blog
8. Why the Board needs a separate Compliance Committee. Mike Volkov in Corruption Crime and Compliance.
9. This month on The Compliance Life, I am joined by DeAnna Nwankwo. In this week’s Part 3, DeAnna talks about building trust as a CCO. 
10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on internal controls. This week saw the following offerings: Monday– Objective I; Tuesday– Objective II;Wednesday– Objective III; Thursday– Objective IV; and Friday– Objective 5. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
11. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here.
12. Join K2 Intelligence FIN, on September 30 for a webinar with the AIBACP, “Strategies for Surviving an Offsite Regulatory Examination,” featuring Koby Bambilia, K2 FIN Managing Director, and a panel of experts, from banks to regulators. Registration and information here. 

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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As Donald Trump blames the California and Oregon forest fires on ‘trees gone bad’; Tom and Jay continue to brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week. 

1. How does Bluebell apply to cyber claims against a Board of Directors? Paul Ferllio, Bob Zukis and Christophe Veltsos in the Harvard Law School forum on Corp Governance.
2. VW Monitor closes out monitorship. Jack Ewing in the NYT. Mengqi Sun in the WSJ Risk and Compliance Journal.
3. Tom takes a deep dive into Herbalife. Part 1, Part 2, Part 3 and Part 4.
4. The intersection of anti-human trafficking and ABC compliance. Vanessa Hans in the FCPA Blog.
5. Does the DOJ have to turn in SEC investigative material in a criminal FCPA trial? Matt Kelly goes legal in Radical Compliance.
6. The intersection of compliance and internal audit? Mike Volkov in Corruption Crime and Compliance.
7. Who is a PEP? Dick Cassin considers a plethora of definitions in the FCPA Blog.
8. Has Covid-19 changed the relationship between senior management and the Board? Dottie Schindlinger and Kira Ciccarelli in CCI.
9. This month on The Compliance Life, I am joined by DeAnna Nwankwo. In this week’s Part 2, DeAnna talks about some of the skills she needed in the CCO chair. 
10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on internal controls. This week saw the following offerings: Monday– Internal controls for 3rd parties; Tuesday– Internal controls for GTE; Wednesday– BOD oversight as an internal control; Thursday– Code of Conduct as an internal control; and Friday– What is the COSO Internal Controls Framework. The month of August is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
11. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here.
12. Join a great upcoming K2 Intelligence FIN webinar. Robin Henry on how investigators can use social media, Thursday, 9-24 at 1600 GMT. Registration and information here.
13. Join Tom, Charlie Voelker, Legal Compliance Solutions, Skillsoft and Stephen Martin, Partner, StoneTurn for a joint Skillsoft/StoneTurn webinar on evolving your compliance program under the 2020 Update to the Evaluation of Corporate Compliance Programs. Wednesday, September 23, from 12 PM – 1 PM EDT. Information and registration here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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On this 19th anniversary of 9/11 Tom and Jay ask you to consider all that has changed for America in the past 19 years. Most importantly, remember there was a time when we were united as a country. We can do so again. 

We continue to brave the surge in Covid cases by staying safe at home. We are back to look at top compliance articles and stories which caught their eye this week. 

1. Lebanon, Corruption and a Bomb. NYT reporters: Ben Hubbard, Maria Abi-Habib, Mona El-Naggar, Allison McCann, Anjali Singhvi, James Glanz and Jeremy White.
2. Are today’s CCO ‘Super Execs’? Dick Cassin explores in the FCPA Blog.
3. Time for a compliance housecleaning? Dylan Tokar in the WSJ Risk and Compliance Journal.
4. A turning point in AML enforcement? Jack Hagel in the WSJ Risk and Compliance Journal.
5. HerabLife settles long standing FCPA matter. Mike Volkov goes deep in a 3-part series. Part 1, Part 2and Part 3.
6. Does HerbalLife portend the end of monitors? Robert Anello in com.
7. DOJ charges former Uber CISO for lying about data breach. Lawyers from Cleary Gottlieb in NYU’s Compliance and Enforcement Blog.
8. Deutsche Bank fined yet again (twice). Matt Kelly reports in Radical Compliance.
9. This month on The Compliance Life, I am joined by Deanna Nwankwo. She came to the CCO chair after a stint at QA in NASA. In this week’s Part 1, the message ‘The good news is you’re the new CCO. The bad news is you’re the new CCO.’
10. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on internal controls. This week saw the following offerings: Tuesday– Assessing internal controls in international operations; Wednesday-risk assessments and internals controls; Thursday– mapping internal controls; and Friday– Implementing internal controls. The month of September is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. 
11. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here.
12. Two great K2 Intelligence FIN webinars upcoming. 1. Kevin Mullins and Yomi Peirce on procurement fraud during Covid-19, September 16, 2020; 1:00 PM ET. Registration and information here. 2. Robin Henry on how investigators can use social media, Thursday, 9-24 at 1600 GMT. Registation and information here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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