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* Israel displaces 400 Palestinians in West Bank refugee camp A Palestinian official has confirmed that 400 Palestinians have been displaced from the Al Faraa refugee camp in southern Tubas in the northern occupied West Bank on the seventh day of an Israeli assault on the camp. Tubas and Northern Jordan Valley Governor Ahmed Al Asad said that about 400 Palestinians from Al Faraa camp have been displaced so far amid the ongoing Israeli military offensive. * Freed Palestinians say Israeli forces tortured them for not reciting Torah Freed Palestinians have revealed that Israeli forces violently attacked them because they refused to recite verses from the Torah. Prisoners said they were violently attacked hours before release because they refused to recite a verse that included a threat to Palestinians. * Several arrested in German police crackdown on pro-Palestine protest German police have arrested several pro-Palestine protestors in Berlin and forced them to stop playing music and chanting slogans against Israel's genocide and ethnic cleansing of Palestinians during a rally. Hundreds of people gathered at the square near the Wittenbergplatz metro station in support of Palestine, under the slogan "Stop the aggression in the West Bank — Do not supply weapons to Israel." * After Biden, Trump revokes security clearances for Blinken, Sullivan President Donald Trump has revoked security clearances for Antony Blinken, the former secretary of state, and Jake Sullivan, the former national security adviser, White House officials said. The move came a day after Trump said he had revoked the security clearance for his predecessor Joe Biden, stopping his access to daily intelligence briefings. Trump also revoked security clearances for Biden's Deputy Attorney General Lisa Monaco, who helped coordinate the Department of Justice's response to the January 6, 2021, riots by Trump supporters in the US Capitol. * US judge blocks Musk's DOGE from accessing Treasury payment systems A federal judge has temporarily blocked Elon Musk's Department of Government Efficiency (DOGE) from accessing a critical Treasury Department payment system, citing the risk of "irreparable harm." US District Judge in Manhattan issued the order after a coalition of Democratic attorneys general from 19 US states filed a lawsuit late arguing Musk's DOGE has no legal power to access the US Department of Treasury systems. The court ruling prevents DOGE from accessing the system that processes Social Security benefits, Medicaid and Medicare payments to doctors, and payments to other federal agencies.
This Day in Legal History: Permanent Court of Arbitration EstablishedOn February 6, 1900, the Permanent Court of Arbitration (PCA) was officially established following the ratification of the 1899 Convention for the Pacific Settlement of International Disputes. This marked a major step toward institutionalizing peaceful dispute resolution between nations. The PCA, headquartered in The Hague, Netherlands, became the first international tribunal designed to arbitrate conflicts between states, offering an alternative to war. While not a court in the traditional sense, the PCA provides administrative support for arbitral tribunals, helping resolve territorial, trade, and investment disputes. Recognizing the need for improvement, the 1907 Convention for the Pacific Settlement of International Disputes refined its procedures, further solidifying arbitration as a legitimate mechanism for international law. Over the years, the PCA's role expanded beyond state-to-state disputes to include cases involving international organizations, corporations, and even individuals. Today, it operates out of the Peace Palace, home to other key legal institutions like the International Court of Justice. With 109 member states, the PCA continues to handle complex cases, from border conflicts to environmental agreements. Its existence laid the groundwork for later international legal bodies, such as the International Criminal Court and various UN tribunals. By promoting arbitration over conflict, the PCA has helped shape a more structured and rule-based international legal order.Attorney General Pam Bondi announced a major shift in the Justice Department's white-collar enforcement priorities, scaling back efforts in foreign lobbying transparency and foreign bribery cases. The Foreign Corrupt Practices Act (FCPA) unit will now focus on bribery cases tied to transnational crime, such as those facilitating human smuggling, drug trafficking, and arms dealing. Other FCPA investigations with no such connection will be deprioritized.Similarly, Foreign Agents Registration Act (FARA) enforcement will be limited to cases resembling traditional espionage by foreign government actors. The Justice Department's Counterintelligence and Export Control Section will focus more on civil enforcement and regulatory guidance rather than aggressive criminal prosecutions. These changes mark a significant pullback from the increased enforcement seen over the past decade, particularly under Special Counsel Robert Mueller.Bondi also disbanded the National Security Division's corporate enforcement unit, an initiative championed by Biden-era Deputy Attorney General Lisa Monaco. It's unclear if the division will continue prioritizing corporate crime linked to adversarial nations like China and Iran. These policy shifts were part of a broader series of announcements as Bondi took charge as the nation's top law enforcement official following her confirmation on Tuesday night.Bondi Diminishes Justice Department White Collar Enforcement (1)Google is ending its diversity-based hiring targets and reviewing its broader diversity, equity, and inclusion (DEI) initiatives, aligning with a broader corporate trend of scaling back such efforts. The company previously set a goal in 2020 to increase leadership representation from underrepresented groups by 30% by 2025, but Chief People Officer Fiona Cicconi told employees that Google would no longer pursue aspirational hiring goals.This shift follows years of public DEI commitments, especially after the 2020 protests over police killings of George Floyd and other Black Americans. Google had also begun evaluating executives on diversity metrics, but recent SEC filings show it removed language reaffirming its DEI commitments.The Alphabet Workers Union (AWU) criticized the move, calling it part of a broader anti-worker trend in the tech industry. Meanwhile, Google cited legal considerations as a federal contractor, stating it is reviewing compliance with court decisions and executive orders affecting DEI policies.Google will maintain internal employee groups such as “Black Googler Network” and “Trans at Google.” The company's decision follows similar DEI cutbacks at Meta and Amazon, amid increasing conservative pushback and legal challenges after the Supreme Court's 2023 affirmative action ruling.Google scraps diversity-based hiring targets | ReutersMore than 40,000 federal employees have signed up for the Trump administration's buyout offer, which promises pay through September if they resign by the end of February. This represents about 2% of the federal civilian workforce, with officials expecting a surge in applications before the Thursday deadline.The initiative is part of President Trump's second-term effort to reduce the size of the federal government, led by Tesla and SpaceX CEO Elon Musk, who heads the Department of Government Efficiency. The White House initially projected that 5% to 10% of federal workers might accept the offer.Federal employee unions oppose the plan, questioning its legality and enforceability. The Office of Personnel Management (OPM) has warned workers that job cuts are likely, with agency restructurings and layoffs expected. However, key employees in defense, immigration, law enforcement, and postal services are exempt from the deal.With nearly 298,000 federal employees eligible for retirement in the next two years, the administration's strategy could significantly reshape the workforce. Union leaders, like Everett Kelley of the American Federation of Government Employees, have urged workers to reject the offer, calling it misleading and driven by unelected billionaires.Musk ‘Buyout' Taken by 40,000 Federal Workers as Deadline Nears - BloombergOn her first day as U.S. Attorney General, Pam Bondi issued a directive stating that Justice Department lawyers who refuse to advance legal arguments on behalf of the Trump administration could face termination. The memo warns that attorneys who decline to sign briefs, delay cases, or impede the department's mission may be disciplined or fired.The move is part of a broader effort by Trump appointees to assert control over the Justice Department, which has already seen firings and reassignments of career lawyers. Bondi also announced a review of criminal and civil cases brought against Trump and his supporters, including prosecutions related to the January 6 Capitol attack. This "Weaponization Working Group" will scrutinize cases Republicans claim were politically motivated under the Biden administration.Additionally, Bondi scaled back enforcement of foreign influence laws, stating that criminal cases will only be pursued in instances resembling “traditional espionage”, shifting the focus to civil enforcement. These laws, which require individuals lobbying for foreign governments to register as foreign agents, were previously used to prosecute several Trump associates.Bondi's directive reflects Trump allies' long-standing complaints that career DOJ attorneys obstructed his policies, such as resisting lawsuits against Yale's admissions practices and refusing to defend the 2017 travel ban. The memo asserts that DOJ lawyers cannot substitute their personal views for the administration's legal agenda.Trump's attorney general says lawyers who refuse orders could be fired | Reuters This is a public episode. 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The discussion highlights the potential for regulatory shifts, particularly around CRA and Dodd-Frank 1071, though changes may take 18-24 months. The conversation shifts to the unprecedented $3 billion penalty against TD Bank. In a press release from the Department of Justice, Attorney General Merrick Garland said, "By making its services convenient for criminals, TD Bank became one." The press release also said the TD Bank plea marked "the first instance of a U.S. bank pleading guilty to conspiracy to commit money laundering" and describes a situation in which "TD Bank faced systemic compliance failures, including inadequate internal controls, deficient transaction monitoring, and neglect of suspicious activity reporting, leading to extensive violations of BSA/AML regulations". The podcast underscores the importance of well-resourced and up-to-date compliance programs, as TD Bank's deficiencies highlight the consequences of prioritizing other objectives over regulatory obligations. As stated in the DOJ press release, Deputy Attorney General Lisa Monaco said, "Every bank compliance official in America should be reviewing today's charges as a case study of what not to do. And every bank CEO and board member should be doing the same. Because if the business case for compliance wasn't clear before - it should be now". Brought to you by GeoDataVision and M&M Consulting
With a single sentence, the U.S. Department of Justice (DOJ) has ended a nationwide program that had seized untold millions in cash from airline passengers without arrests.“I am directing that the DEA suspend conducting consensual encounters,” wrote Deputy Attorney General Lisa Monaco in a Nov. 12, 2024, directive to the Drug Enforcement Administration.The directive was an immediate response to a report from the Justice Department Inspector General that was set in motion by Atlanta News First Investigates. The award-winning investigation, In Plane Sight, has been viewed millions of times on YouTube. One of those viewers took action because of it, setting off a chain of events that led the Justice Department to shut the program down.Read the full story here: https://www.atlantanewsfirst.com/2024/12/03/airline-informant-received-thousands-passenger-cash-seizures/
Public Interest SA applauds the recent announcement by U.S. Deputy Attorney General Lisa Monaco regarding the launch of a pilot program by the United States Department of Justice (DOJ) that offers financial incentives for individual whistleblowers to report wrongdoing. This initiative marks a significant step in promoting accountability and transparency within US corporate and financial sectors.Tebogho Khaas See omnystudio.com/listener for privacy information.
In today's episode, Lisa Fine speaks with Jane Norberg, a partner at Arnold & Porter. Jane is also the former Chief of the Office of the Whistleblower at the SEC, and she is one of the people who built that office into what it is today, both as Chief and before that, Deputy Chief. She is one of the leading voices on the whistleblower process, and an advisor to organizations in building best practices for organizations to address concerns. In March, Deputy Attorney General Lisa Monaco announced a pilot program to compensate whistleblowers who report “significant corporate or financial misconduct” of which the DOJ was not aware. Jane talks about the SEC program and how it has succeeded. She also explains the similarities and differences between the not-yet-enacted DOJ program and the SEC program. Jane provides her perspective and insight as to why she thinks there is a delay from the DOJ as the initial 90 days have passed and how funding, staffing and other factors may contribute. Jane and Lisa also discuss the SEC reporting process, how tips come in globally from over 100 countries, and the importance of the Whistleblower program to deter and stop wrongdoing. This goes along with the statistics that indicate that 80% of whistleblowers raise concerns internally, most frequently to the person's manager, not to the Ethics and Compliance teams or the helplines. To that end, Jane provides practical advice to make sure that E&C teams are providing the right training for managers to identify issues and raise them appropriately. Supporting ethical decision-making is critical for every organization, but providing training to those who may have concerns is a key component of that. While practitioners think about this for company culture, Jane provides insight on the larger picture of how our internal work is related to the larger scope of whistleblower reporting. Topics Include: Jane's integral role as Chief of the SEC Office of the Whistleblower The DOJ pilot whistleblower program and the SEC program and the distinctions Global Impact of the SEC Whistleblower Program Practical advice for E&C professionals building and managing hotlines Resources: Join the Great Women in Compliance community on LinkedIn here.
With the beginning of the “New FCPA” era coined by DOJ's Deputy Attorney General Lisa Monaco, we now need to focus on third-party risk and sanctions enforcement. The law, the practice, and the risks are important and not just the same as FCPA legal requirements. As we embark on a new criminal enforcement era surrounding sanctions violations, companies have to address this issue and do it correctly. In this episode, Michael Volkov takes a comprehensive look at third-party risks from the distribution and supply sides and outlines appropriate strategies to manage these risks.Epsilon Electronics serves as a stark reminder of the financial consequences of non-compliance. The company faced an OFAC enforcement action due to a shipment to Iran, resulting in a staggering penalty of over $4 million.Apollo Aviation Group settled with OFAC for $210,600 for leasing aircraft engines which ultimately ended up being placed in to aircraft of a prohibited entity, Sudan Airways, violating sanctions regulations.ELF Cosmetics settled with OFAC for $996,000 for importing false eyelash kits containing materials sourced from North Korea, highlighting supply chain due diligence failures.The ELF Cosmetics case underscores the crucial role of supply chain due diligence in preventing sanctions violations. Instead of sticking their heads in the sand, companies must undertake basic supply chain due diligence when sourcing products from regions close to high-risk countries or regions.“Reason to know” is now the key phrase guiding the New FCPA era. OFAC does not need to prove goods ultimately end up in a sanctioned country. When you see red flags, you must resolve them or they could be considered a “reason to know” in OFAC's eyes.Seven essential elements to boost your compliance program and effectively mitigate third-party sanctions risks include risk assessment, varying levels of due diligence, end-user documentation, monitoring, training, and red flag identification.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
The Justice Insiders: Giving Outsiders an Insider Perspective on Government
Host Gregg N. Sofer welcomes Husch Blackwell partner Christina Moore to the show to unpack recent remarks made by Deputy Attorney General Lisa Monaco concerning a new Department of Justice whistleblower program. Monaco described a “90-day sprint” to stand up the new program, which purports to enhance DOJ's corporate enforcement efforts by offering financial incentives to individuals who come forward with information about violations of federal law.Gregg and Christina discuss the peculiarities of the program as it is understood presently, including questions regarding the anonymity of whistleblowers, the complications of multiple competing whistleblower programs, and the complexities of handling information in parallel proceedings.Gregg and Christina also explore the practical matter of how the newly proposed program should be addressed by corporate compliance professionals and the importance of properly staffing and resourcing such programs so that employees utilize in-house channels to surface potential instances of wrongdoing. Gregg N. Sofer BiographyFull BiographyGregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney's Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, government contract fraud, national security, cyber-crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.Christina Moore BiographyFull BiographyA St. Louis-based partner on Husch Blackwell's Healthcare and White Collar, Internal Investigations & Compliance teams, Christina represents clients in a wide variety of healthcare litigation and compliance matters, including insurance questions, reimbursement disputes, regulatory matters, and Department of Justice investigations. Previously, she served as an Assistant U.S. Attorney in Missouri for nearly a decade, often handling medical malpractice matters, healthcare fraud, and qui tam actions. She later accepted an in-house counsel role on the medical campus of a large private university, guiding the medical school, health sciences college, and nursing school, as well as a physician practice of more than 500 providers.Additional ResourcesChristina Moore and Madison Rector, “Let's Make a Deal with DOJ: The Impact of the DOJ's New Whistleblower Reward Program on Corporate Compliance,” Healthcare Law Insights, April 26, 2024U.S. Department of Justice, “Deputy Attorney General Lisa Monaco Delivers Keynote Remarks at the American Bar Association's 39th National Institute on White Collar Crime,” March 7, 2024Michaels, Dave,“Justice Department to Pay Whistleblowers Who Tip on Corporate Crime,” The Wall Street Journal, March 7, 2024Smagalla, David, “Justice Department to Flesh Out Whistleblower Program After 90-Day ‘Policy Sprint,'” The Wall Street Journal, March 8, 2024Freedman, Robert, “DOJ said to be opening can of worms with whistleblower awards,” Legal Dive, March 12, 2024
Ralph welcomes professor M. Steven Fish, political scientist and author of “Comeback: Routing Trumpism, Reclaiming the Nation, and Restoring Democracy's Edge” who argues that winning elections is about more than policy positions, it's about projecting strength and dominance. And Donald Trump plays that game better than his Democratic rivals. Plus, former Navy Petty Officer, Phil Tourney, who was aboard the USS Liberty when it was attacked and nearly sunk by Israeli fighter planes and torpedo boats during the Six Day War in 1967, tells us why 57 years later, he still fights for accountability.M. Steven Fish is a comparative political scientist at the University of California, Berkeley who specializes in democracy and authoritarianism, religion and politics, and constitutional systems and national legislatures. He writes and comments extensively on international affairs and the rising challenges to democracy in the United States and around the world, and he has published commentary in the Washington Post, the New York Times, and Foreign Policy, among other publications. His latest book is Comeback: Routing Trumpism, Reclaiming the Nation, and Restoring Democracy's Edge.Dominance can be used for good or for ill. The Republicans have used it to advance injustice and corruption. And the Democrats need to—as they did in the 20th century, very often—use it in favor of justice.M. Steven FishWhat's holding them back? PAC money? Corruption of campaigns? Lack of character? Fear of skeletons in their own closet? What's holding them back if it's so obvious?Ralph Nader, on why Democrats aren't more dominantThe Republican Party historically has been the party of “no”, once the Civil War was over. When they were formed in 1854, they were the party of “no” against slavery. But after that, they're the party of “no” against labor unions, “no” against progressive taxation, “no” against Medicare, “no” against Social Security, “no” against environmental health regulation, “no” against consumer protection, “no” against raising the minimum wage, “no”, “no”, “no”. And the Democrats— in those examples at least—were “yes”, “yes”, “yes”, and they never bragged about it.Ralph NaderPhil Tourney served aboard the USS Liberty as a US Navy Petty Officer on June 8th 1967, when the Liberty was attacked by Israeli planes and torpedo boats. He is President of The USS Liberty Veterans Association, which was established to provide support for survivors of the attack. The efforts of the LVA are also focused on ensuring the US government finally conducts the public investigation of the attack on the USS Liberty.I can't explain the carnage that went on, but that ship— all of us came together. All the spies, all the ship's company we all came together…we saved that ship, to tell the truth—and we were ordered by Admiral Isaac Kidd never to say anything about it. He boarded our ship and told us to shut up or we'd end up in prison, fined, or worse— we all knew worse meant death. That's what they told us. To shut up. They took away our First Amendment rights and Congress has not done a darn thing in 57 years. The line is, “It was a case of mistaken identity, that's where they left it.Phil Tourney, President of the USS Liberty Veterans AssociationIn Case You Haven't Heard with Francesco DeSantisNews 5/28/241. In Rafah, at least 35 people were killed Sunday night when Israel bombed a “tent camp housing displaced Palestinians in a designated safe zone,” per Al Jazeera. AP reports that at first, Israel's military claimed it had “carried out a precise airstrike on a Hamas compound,” and only after photographic and video evidence of the horror inflicted on civilians emerged did Prime Minister Netanyahu reverse this position and claim the strike was a “tragic mishap.” Israel's assault on Rafah continues despite the U.N. International Court of Justice ordering Israel to “immediately halt its military offensive” in the South Gaza city, per the BBC. 2. The Guardian is out with a disturbing report alleging “The former head of the Mossad, Israel's foreign intelligence agency…threatened a chief prosecutor of the international criminal court in a series of secret meetings in which he tried to pressure her into abandoning a war crimes investigation.” This expose details how Yossi Cohen, the former Israeli spy chief, threatened ICC prosecutor Fatou Bensouda, reportedly telling her “You should help us and let us take care of you. You don't want to be getting into things that could compromise your security or that of your family.” The paper also hinted at further forthcoming revelations, noting that they are working with +972 Magazine and the Hebrew-language outlet Local Call to expose “how multiple Israel intelligence agencies ran a covert ‘war' against the ICC for almost a decade.” This piece notes that “According to legal experts…efforts by the Mossad to threaten or put pressure on Bensouda could amount to offences against the administration of justice under article 70 of the Rome statute.”3. Investigative journalist Ken Klippenstein reports through his newsletter that “The Biden administration has publicly admitted that it is working with tech companies to…suppress pro-Palestinian and anti-Israel sentiment,” under the guise of “limit[ing] Hamas's use of online platforms.” As Klippenstein explains, “Platforms like Instagram, TikTok and Facebook have long banned terrorist organizations like Hamas. Now, however, the federal government is pressuring companies to ban ‘Hamas-linked' accounts and those of pro-Palestinian Americans.” Human Rights Watch raised the alarm about censorship of pro-Palestine content in a report from December 2023, which detailed “Meta's…‘systemic…censorship' of speech regarding the…war.”4. Over Memorial Day weekend, activists assembled in Detroit for the People's Conference for Palestine. In a surprise address, Congresswoman Rashida Tlaib spoke to the crowd, decrying the genocide in Gaza and asking "Where's your red line, President Biden?" the Detroit News reports. Tlaib went on to call Biden an "enabler," who "shields the murderous war criminal Netanyahu." Over 100,000 Michigan residents voted “uncommitted,” in the state's Democratic primary.5. Celebrated actor Guy Pearce was recently photographed by the French subsidiary of Vanity Fair during the Cannes film festival. When he posed for the photo, Pearce wore a Palestinian flag pin; yet when the photo was published, the pin had been photoshopped out entirely. The Middle East Eye, which covered this story, reached out to Vanity Fair asking for a comment on why they edited the image, but did not receive a response. Vanity Fair restored the original photo and apologized, claiming it was a mistake, but many are not buying it. As one social media commenter put it, “This is a reminder that the media... will do anything and everything to hide any form of solidarity.”6. The American Prospect's David Dayen reports “[The American Prospect] has learned that during [Deputy Attorney General Lisa Monaco's recent trip to California to participate in the 2024 RSA Cybersecurity Conference]…[she] had an off-the-record, no-readout briefing with several tech executives.” As Dayen notes, this meeting comes “at a time when the DOJ is suing both Google and Apple,” and as Monaco has spoken of making corporate criminal enforcement a higher priority at Justice. As there is no official record of this meeting it is impossible to know what was discussed, but the cloak-and-dagger nature of this rendezvous raises serious questions about DOJ's commitment to pursuing the lawsuits against the tech giants. We demand the Deputy Attorney General disclose the content of this meeting at once.7. The Reform Party, originally founded by Ross Perot, has announced that it “has nominated Robert F. Kennedy Jr.…for President of the United States.” The most significant effect of this nomination, as the party notes, is that it “will hand [Kennedy] our automatic ballot access in the State of Florida as well as our advantages as a qualified party.” According to Kennedy's campaign website, he is now eligible to be on the ballot in states totaling 229 electoral votes, though Axios has a lower tally. Kennedy now faces a race against the clock to qualify for the upcoming presidential debates, though even if he does qualify his participation is not guaranteed as both the Biden and Trump campaigns have agreed to sidestep the Commission on Presidential Debates.8. In more Third Party news, the Libertarian Party has chosen Chase Oliver as their 2024 presidential nominee, per POLITICO. Oliver gained national attention for his 2022 campaign for Senate in Georgia, with some claiming his candidacy forced the race to a runoff, ultimately resulting in the reelection of Democrat Raphael Warnock. During that race, Oliver describes himself as “armed and gay.” Both former President Donald Trump and Robert F. Kennedy Jr. vied for the Libertarian Party nomination. Trump himself addressed the convention in person but was roundly booed. He was ultimately deemed ineligible, while Kennedy received only 19 votes. However, Larry Sharpe, a longtime Libertarian Party member and unsuccessful vice presidential candidate expressed alarm about Kennedy's potential impact on the party. Sharpe said “We're gonna lose ballot access in probably 22 states. We're not gonna make more than half a percent…RFK sucks the money out of the room and he gets the ‘I'm mad at the system votes' that we used to get because we're the only other guy on the ballot.”9. The Teamsters union is turning their presidential endorsement over to their members. Since May 19th, Teamsters locals have been holding polls to determine which candidate the national union will endorse. This is a marked departure from the traditional endorsement structure, which is typically decided in a top-down fashion by the national union leadership. However, this process could result in a Teamsters endorsement of Donald Trump – a real possibility based on the union's recent flirtation with Trump and the GOP more generally. We urge the union not to endorse Trump, who has an abominable track record on labor issues, clearly documented by the AFL-CIO and the Communications Workers of America.10. Finally, Bloomberg Labor reporter Josh Eidelson reports the United Autoworkers union is petitioning the National Labor Relations Board, to “discard the results of last week's Mercedes election in Alabama, [and] asking the agency to hold a new vote due to alleged misconduct by the company.” CBS 42 reports this alleged misconduct includes “poll[ing] workers about union support, suggest[ing] voting in the union would be futile, target[ing] union supporters with drug tests and [per UAW] “engag[ing] in conduct which deliberately sought to exacerbate racial feelings by irrelevant and inflammatory appeals to racial prejudice.'” In addition to these complaints, Mercedes is reportedly under investigation by the German government for anti-union activity during this campaign. In a statement, the UAW wrote “All these workers ever wanted was a fair shot at having a voice on the job and a say in their working conditions…Let's get a vote at Mercedes…where the company isn't allowed to fire people, isn't allowed to intimidate people, and isn't allowed to break the law and their own corporate code, and let the workers decide.”This has been Francesco DeSantis, with In Case You Haven't Heard. Get full access to Ralph Nader Radio Hour at www.ralphnaderradiohour.com/subscribe
The US Department of Justice is cracking down on election interference, including the use of artificial intelligence to manipulate voters. Deputy Attorney General Lisa Monaco vowed to prosecute those who threaten or harm election workers, citing a rising trend of perpetrators using new technologies to conceal their identities. The department is working to combat AI-generated efforts to influence voters ahead of the November presidential election, with tech companies also joining the fight against "deep fake" misinformation. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tonyphoang/message
In this week's Security Sprint, Dave and Andy talked about the following topics: Main Topics A Russian Influence Campaign Is Exploiting College Campus Protests FBI PSA: Foreign Terrorist Organizations and their Supporters Likely Heighten Threat Environment during 2024 Pride Month, May 10, 2024 GW: Majority Of University Protesters Arrested Weren't Even Students, Police Say The network behind campus antisemitism Secret Hamas Files Show How It Spied on Everyday Palestinians Guidance for organisations considering payment in ransomware incidents U.S. Charges Russian National with Developing and Operating Lockbit Ransomware Increase of Lockbit ransomware attacks Ascension: Network Interruption Update Fitsec: Welcome to Fitsec's Akira Help First Responders Toolbox: Violent Extremists' Use of Generative Artificial Intelligence. = o Statement from NSC Spokesperson Adrienne Watson on the U.S.-PRC Talks on AI Risk and Safety o US, China meet in Geneva to discuss AI risks Faith-Based Daily Awareness Post 13 May 2024 o Abbeville: Parishioners stop teen armed with rifle from entering church during Mass o Bomb Squad at Clearlake Baptist Church-Packaged Marked “Bomb” with Swastikas Brought Inside Quick Hits Mass Gatherings Tool (CISA). https://www.cisa.gov/resources-tools/resources/mass-gathering-security-planning-tool CISA updates: CISA and Partners Release Guidance for Civil Society Organizations on Mitigating Cyber Threats with Limited Resources Fact Sheet: Biden-Harris Administration Releases Version 2 of the National Cybersecurity Strategy Implementation Plan Thompson, Swalwell Release Statement on the Biden Administration Releasing the First Cybersecurity Posture of the United States Report CISA wants ‘high-quality feedback' for another month on CIRCIA rule Secure by Design: CISA Unveils New Public Service Announcement – We Can Secure Our World. Today, the Cybersecurity and Infrastructure Security Agency (CISA) is pleased to launch We Can Secure Our World. CISA Announces Secure by Design Commitments from Leading Technology Providers ASD's ACSC, CISA, and Partners Release Secure by Design Guidance on Choosing Secure and Verifiable Technologies CERT-NZ: Joint Guidance: Choosing Secure and Verifiable Technologies CISA Unveils New Public Service Announcement – We Can Secure Our World CISA boss: Secure code is the 'only way to make ransomware a shocking anomaly' Elections: o Open Hearing: An Update on Foreign Threats to the 2024 Elections o Exclusive: Homeland Security ramping up 'with intensity' to respond to election threats o In Arizona, election workers trained with deepfakes to prepare for 2024 o Top FBI Official Urges Agents to Use Warrantless Wiretaps on US Soil o MI: AG Nessel Charges Attorney Stefanie Lambert and Former Adams Township Clerk Scott for 2020 Election Voter Data Breach. o The Answer to Election Deniers Is in an Idaho County Website RSAC 2024: Technology and the Transformation of U.S. Foreign Policy RSAC 2024: US Secretary of State Blinken advocates solidarity, not sovereignty, for cyber Volt Typhoon operation came up 'directly' in US-China talks, ambassador says Warner: Lawmakers 'in process' of finding Section 702 fix Cyber world heads to San Francisco RSAC 2024: AI adds new dimension to virus detection RSAC 2024: How to use AI without getting in trouble Readout of Deputy Attorney General Lisa Monaco's Trip to California and Participation in the 2024 RSA Cybersecurity Conference DHS, CISA Announce Membership Changes to the Cyber Safety Review Board Canadian Centre for Cyber Security Common employee IT security challenges (ITSAP.00.005) Zscaler takes "test environment" offline after rumors of a breach · Brown Pushes Biden Administration to Ban All Connected Vehicles From China And Vehicles Using Chinese Smart Technology · UK NPSA: Hostile Activity Mitigations. Updated 10 May.
On this week's show Patrick and Adam discuss the week's security news, including: Weather forecast in Redmond is still for blizzards at midnight Maybe Change Healthcare wasn't just crying nation-state wolf Hackers abuse e-prescription systems to sell drugs CISA goes above and beyond to relate to its constituency by getting its Ivantis owned VMware drinks from the Tianfu Cup Much, much more This week's feature guest is John P Carlin. He was principal associate deputy attorney general under Deputy Attorney General Lisa Monaco for about 18 months in 2021 and 2022, and also served as Robert Mueller's chief of staff when he was FBI director. John is joining us this week to talk about all things SEC. He wrote the recent Amicus Brief that says the SEC needs to be careful in its action against Solarwinds. He'll also be talking to us more generally about these new SEC disclosure requirements, which are in full swing. Rad founder Jimmy Mesta will along in this week's sponsor segment to talk about some really interesting work they've done in baselining cloud workloads. It's the sort of thing that sounds simple that really, really isn't. Show notes Risky Biz News: The aftermath of Microsoft's SVR hack is rearing its ugly head Swindled Blackcat affiliate wants money from Change Healthcare ransom - Blog | Menlo Security BlackCat Ransomware Group Implodes After Apparent $22M Payment by Change Healthcare – Krebs on Security Change Healthcare systems expected to come back online in mid-March | Cybersecurity Dive LockBit takes credit for February shutdown of South African pension fund Ransomware gang claims to have made $3.4 million after attacking children's hospital Jason D. Clinton on X: "Fully automated vulnerability research is changing the cybersecurity landscape Claude 3 Opus is capable of reading source code and identifying complex security vulnerabilities used by APTs. But scaling is still a challenge. Demo: https://t.co/UfLNGdkLp8 This is beginner-level… https://t.co/mMQb2vYln1" / X Jason Koebler on X: "Hackers are hacking doctors, then using their digital prescription portals to "legitimately" prescribe themselves & their customers adderall, oxy, and other prescription drugs https://t.co/6elTKQnXSB" / X How Hackers Dox Doctors to Order Mountains of Oxy and Adderall CISA forced to take two systems offline last month after Ivanti compromise VMware sandbox escape bugs are so critical, patches are released for end-of-life products | Ars Technica A Close Up Look at the Consumer Data Broker Radaris – Krebs on Security Brief of Amici Curiae Former Government Officials Securities and Exchange Commission v Solarwinds Corp
On this week's show Patrick and Adam discuss the week's security news, including: Weather forecast in Redmond is still for blizzards at midnight Maybe Change Healthcare wasn't just crying nation-state wolf Hackers abuse e-prescription systems to sell drugs CISA goes above and beyond to relate to its constituency by getting its Ivantis owned VMware drinks from the Tianfu Cup Much, much more This week's feature guest is John P Carlin. He was principal associate deputy attorney general under Deputy Attorney General Lisa Monaco for about 18 months in 2021 and 2022, and also served as Robert Mueller's chief of staff when he was FBI director. John is joining us this week to talk about all things SEC. He wrote the recent Amicus Brief that says the SEC needs to be careful in its action against Solarwinds. He'll also be talking to us more generally about these new SEC disclosure requirements, which are in full swing. Rad founder Jimmy Mesta will along in this week's sponsor segment to talk about some really interesting work they've done in baselining cloud workloads. It's the sort of thing that sounds simple that really, really isn't. Show notes Risky Biz News: The aftermath of Microsoft's SVR hack is rearing its ugly head Swindled Blackcat affiliate wants money from Change Healthcare ransom - Blog | Menlo Security BlackCat Ransomware Group Implodes After Apparent $22M Payment by Change Healthcare – Krebs on Security Change Healthcare systems expected to come back online in mid-March | Cybersecurity Dive LockBit takes credit for February shutdown of South African pension fund Ransomware gang claims to have made $3.4 million after attacking children's hospital Jason D. Clinton on X: "Fully automated vulnerability research is changing the cybersecurity landscape Claude 3 Opus is capable of reading source code and identifying complex security vulnerabilities used by APTs. But scaling is still a challenge. Demo: https://t.co/UfLNGdkLp8 This is beginner-level… https://t.co/mMQb2vYln1" / X Jason Koebler on X: "Hackers are hacking doctors, then using their digital prescription portals to "legitimately" prescribe themselves & their customers adderall, oxy, and other prescription drugs https://t.co/6elTKQnXSB" / X How Hackers Dox Doctors to Order Mountains of Oxy and Adderall CISA forced to take two systems offline last month after Ivanti compromise VMware sandbox escape bugs are so critical, patches are released for end-of-life products | Ars Technica A Close Up Look at the Consumer Data Broker Radaris – Krebs on Security Brief of Amici Curiae Former Government Officials Securities and Exchange Commission v Solarwinds Corp
The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into a recent speech by Deputy Attorney General Lisa Monaco on the DOJ's creation of a whistleblower program and compliance oversight of AI. The Department of Justice Whistleblower Awards Program is a recent development that has prompted considerable discussion due to its possible implications and the potential range of awards. The program, which is designed to protect whistleblowers, raises a number of complex issues, particularly for compliance officers. According to Tom, the program is aligned with those from other regulatory bodies, like the SEC, and is not necessarily groundbreaking. He points out potential limitations in the range of awards and questions the efficiency of the review process. Matt views the program as a significant, yet familiar, development for compliance officers. He highlights that the program seems to follow an existing trend, rather than pioneering a new approach and points out the need for further clarification on the eligibility criteria and the procedure for issuing awards. Both Fox and Kelly, from their extensive experience in the field, emphasize the program's potential benefits for whistleblowers seeking protection but concur that there are still many details to be clarified. Key Highlights: Navigating DOJ Whistleblower Program: Award Dynamics Navigating Compliance in DOJ's Whistleblower Program Enhancing Criminal Penalties for AI-based Crimes Enforcement Challenges in AI Technology Governance Resources Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Today's Headlines: In international negotiations held in Paris, progress has been made towards a potential hostage release deal involving the United States, Israel, Qatar, and Egypt (representing Hamas). The broad terms include a staged release of remaining hostages over a 2-month ceasefire, with negotiations to permanently end the war. Despite the Qatari Prime Minister's optimistic statement, Hamas's leader downplayed progress, stating they hadn't received a proposal. In a separate development, a drone attack in Jordan resulted in the death of three US troops. Preliminary reports suggest the troops may have mistaken an enemy drone for an American one. In the realm of Iranian relations, the US Justice Department charged an Iranian national and two Canadians for plotting to assassinate an Iranian defector in Maryland. The UK imposed fresh sanctions on seven senior Iranian officials, and on the domestic front, Republicans in the House introduced impeachment articles against Secretary of Homeland Security Alejandro Mayorkas for alleged refusal to comply with immigration laws. Texas Attorney General Ken Paxton requested medical records of transgender youths from a clinic in Georgia, and finally, Attorney General Merrick Garland is set to undergo minimally invasive surgery on his back, temporarily passing duties to Deputy Attorney General Lisa Monaco. Resources/Articles mentioned in this episode: Wall Street Journal: Israel-Hamas War: Qatar Says Progress Made on Hostage-Release Deal AP News: Enemy drone that killed US troops in Jordan was mistaken for a US drone, preliminary report suggests NY Times: Defense Department Identifies 3 Soldiers Killed at Base in Jordan NPR: U.S. charges 3 for alleged murder-for-hire plot to kill Iranian defector in Maryland Politico: UK slaps fresh sanctions on Iran ABC News: House Republicans release impeachment articles against Mayorkas amid push to remove him over the border WA PostTexas AG seeks transgender records in Georgia as part of his wider probe AP News: Attorney General Merrick Garland to undergo surgery, Justice Department says Morning Announcements is produced by Sami Sage alongside Amanda Duberman and Bridget Schwartz Edited by Grace Hernandez-Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices
Pierre Thomas sits down with The Justice Department's second-in-command, Deputy Attorney General Lisa Monaco, for a wide-ranging interview on domestic terror threats, heightened political rhetoric and the immigration debate. Then, Pierre interviews Republican Senator Lindsey Graham about rising domestic threats, tensions in Congress over immigration policy and former President Donald Trump's 2024 bid. Learn more about your ad choices. Visit megaphone.fm/adchoices
New York City's teachers union sued Mayor Eric Adams on Dec. 21 to block his plan to cut $550 million from the city's public schools. Adams has argued that slashing city spending is necessary to offset the rising costs of New York's illegal immigrant crisis. Deputy Attorney General Lisa Monaco said on Dec. 21 that the FBI has investigated more than 1,800 reports or tips of terrorism threats related to the Israel–Hamas war. The FBI is concerned about individual bad actors that could carry out an attack on their own—and foreign terrorists that could potentially have slipped across the southern border. House Republicans have released new records that they say show President Joe Biden was complicit in his son Hunter Biden's global influence-peddling scheme. Joe Biden allegedly exchanged emails with Eric Schwerin—a business associate of Hunter Biden—over 300 times during his term as vice president. ⭕️Watch in-depth videos based on Truth & Tradition at Epoch TV
Welcome back to the Great Women in Compliance podcast. Today's episode was recorded by the full GWIC 2.0 team, Lisa, Hemma, Ellen Hunt and Sarah Hadden during the Society for Corporate Compliance and Ethics conference (CEI) in Chicago. It was a fantastic event, and all four women valued the opportunity to connect with friends and meet some new people as well. The episode was recorded before Deputy Attorney General Lisa Monaco spoke, but all were looking forward to hearing that. In this episode, each one of the group mentioned some highlights from the beginning of the conference, and their advice about how to get the most out of the SCCE (or any conference). They also discussed things that they are looking forward to discussing on the podcast this fall - in particular, Ellen mentioned how to make the investigation process better for reporters and people involved in investigations, and Sarah is excited to bring her perspective as a business leader and publisher to the discussions. The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings. GWIC is also sponsored by Corporate Compliance Insights, where we have a page where you can hear every episode. If you are enjoying this episode, please rate it and/or provide a review. Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We've Learned from Great Women in Compliance” (CCI Press, 2020). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review. Don't forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you're done, or if you can't bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat. If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review. Don't forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you're done, or if you can't bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat. You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast. Join the Great Women in Compliance community on LinkedIn here.
Washington Post intelligence and national security reporter Shane Harris and columnist and associate editor David Ignatius speak with Deputy Attorney General Lisa Monaco, former CISA director Chris Krebs and former State Department cyber coordinator Chris Painter about how America can protect its cybersecurity and prepare for the next generation of threats.
Episode 23: DOJ Policy Shifts on Business Ethics and the Culture of Compliance A hint of policy change is in the air at the Department of Justice. But are federal regulations going too far? Guided by comments made earlier this year by Deputy Attorney General Lisa Monaco, Joe DeMaria, a former DOJ attorney turned Fox Rothschild partner, joins host Matt Adams for an engaging discussion. This episode explores how the SEC's new Listing Standards for Recovery of Erroneously Awarded Compensation Rule could clash with employment laws in various jurisdictions throughout the U.S. and other countries. The conversation also examines the ethics involved in internal white-collar investigations, including the use of so-called “sacrificial lambs” to protect a company.
This week we welcome back Professor Randall Kennedy to help us pay tribute to three principled, uncompromising African American activists, Glen Ford of Black Agenda Report, human rights champion, Randall Robinson, and legendary actor, singer, and activist, Harry Belafonte.Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He is the author of several books, including Contracts: Happiness and Heartbreak, For Discrimination: Race, Affirmative Action, and the Law, and Say It Loud! On Race, Law, History, and Culture.You've chosen three very interesting people [Randall Robinson, Harry Belafonte, and Glen Ford]. And I think that one thing that the listeners should keep in mind is that the three that you've chosen are all progressive; they are very different… Because the tent of progressivism should be a large tent— not everybody's going to think the same, and indeed there's going to be some friction between various tendencies among progressives.Randall KennedyI don't think that progressives pay enough attention to the people who have been in their camp. We don't pay enough attention to people who have passed away. We don't pay enough attention to recalling people who have been heroic in our midst. And, again, I say this as a person who is sometimes extremely critical of some of the people that you've mentioned.Randall KennedyWe need people like Glen Ford to pull in one direction uncompromisingly—because the corporate interests always pull in the other direction uncompromisingly—and then we need people who are in between and sometimes have to face the hard realities you've pointed out.Ralph NaderIn Case You Haven't Heard1. The Wall Street Journal and the Corporate Crime Reporter have announced that, following decades of citizen pressure, and action last year by Rep. Mary Gay Scanlon, Senator Richard Blumenthal, and Senate Judiciary Chair Dick Durbin, the Department of Justice has finally created a Corporate Crime Database. Under President Biden, the Justice Department has taken a tougher rhetorical stance on corporate crime, but as Deputy Attorney General Lisa Monaco notes, the department “cannot ignore the data showing overall decline in corporate criminal prosecutions over the last decade...We need to do more and move faster.” Among civic groups, The Center for Study of Responsive Law and Public Citizen lead the charge to create these corporate rap sheets and are already working to expand and strengthen this new resource for corporate crime data.2. If you live on the East Coast, you have likely experienced dangerous levels of air pollution in the last week due to smoke moving South from Canadian wildfires. Yet, the Lever reports that under current air quality rules, fossil fuel producers will not have to curb their emissions to offset this spike in air pollution because they have successfully lobbied for a loophole protecting themselves in the case of “exceptional events” outside their control. Environmental regulators are currently mulling a new rule to clamp down on this type of air pollution, but face stiff opposition from industry groups.3. The Washington Post reports that, in an exercise of his leverage in the tightly divided Senate, Bernie Sanders has vowed to oppose all Biden health nominees until the administration produces a “comprehensive” plan to lower prescription drug prices. Sanders' role as Chair of the Health Education Labor and Pensions committee means these nominees cannot advance without his blessing. This notably includes Biden's nominee for director of the National Institutes of Health, or NIH. Sanders said “Politicians for years have talked about the high cost of prescription drugs, relatively little has been done, and it's time that we act decisively.”4. The Progressive International has issued a statement decrying the “soft coup” underway against left-wing President Gustavo Petro in Colombia. Their statement reads “Ever since the election of the country's first progressive government...Colombia's traditional powers have been organizing to restore an order marked by extreme inequality, environmental destruction, and state-sponsored violence.” The statement goes on to excoriate officials who have sought to undermine the Petro administration and “former generals, colonels, and members of the Colombian military [who] have not only proclaimed their opposition to President...Petro — but even marched outside Congress to call for a coup d'état against his government.” Signatories to this letter include over 400 political and industrial leaders, including Noam Chomsky, Jeremy Corbyn, Jean Luc Mélenchon, and Former Leftist President of Ecuador Rafael Correa.5. The City, a news site covering New York, reports that food delivery drivers in NYC have won a substantial wage increase. This victory caps off a 3-year long campaign by Los Deliveristas Unidos, and makes New York the “first major U.S. city to establish and implement pay requirements for delivery workers.” These workers currently take home about $11 per hour; this will go up to $17.96 an hour starting July 12th, and will increase to $19.96 per hour by 2025.6. In a surprise decision last week, the Supreme Court voted five-four in favor of Black voters in Alabama who argued the state had unlawfully diluted their voting power, POLITICO reports. Over a quarter of Alabama residents are Black, but the state crammed most Black Alabamians into a single congressional district following the 2020 census, running afoul of the Voting Rights Act. Many expected the ultra-conservative court to reject the challenge and further hollow out the VRA; instead, this ruling could significantly augment the chances of Democrats retaking the House in 2024.7. In Afghanistan, the Taliban has instituted a “highly successful” ban on opium. To cite one example, “In Helmand, by far Afghanistan's largest opium-producing province, the area of poppy cultivation was cut from over 129,000 hectares in 2022 to only 740 as of April 2023.” However, some in the West – including the US Institute for Peace – believe this could have disastrous implications for the Afghan economy. It remains to be seen whether the new government can find a viable economic alternative fast enough to offset these losses. The Taliban had previously banned opium cultivation when they held power in 2000 and 2001, and achieved a 90% reduction at that time.8. New York Governor Kathy Hochul is again licking her wounds after her nominee for the New York Power Authority was blocked by the State Senate, in a similar fashion as her nominee for the New York Court of Appeals, the highest court in the state. Justin Driscoll, whom Hochul had appointed on an interim basis and was seeking to appoint permanently, raised red flags with New York Senate Democrats due to his ingratiation in conservative politics – Driscoll is a registered Republican who has ties to figures like Chris Christie and John Cornyn. Driscoll also opposed the Build Public Renewables Act and has been embroiled in accusations of racial discrimination during his time as general counsel for the Power Authority. On June 9th, POLITICO reported that Senate Democrats will not schedule a vote for Driscoll.9. Projectionists at an Alamo Drafthouse movie theater in New York City have filed an NLRB petition to unionize. However, instead of coming to the negotiating table, the theater chain sent out an internal email “notifying staff of the company's intention to do away with the projectionist position and replace it with a more expansive ‘technical engineer' role.” This reflects how the struggle for labor rights in entertainment goes far beyond Hollywood writers and actors. This from 1010 Wins.10. Last week, Henry Kissinger – President Nixon's controversial National Security Advisor and alleged war criminal – celebrated his 100th birthday. The Real News Network reports that this centennial bash was attended by some of the most prominent diplomatic figures in the country, including Secretary of State Anthony Blinken and head of the international development agency USAID, Samantha Power. Jonathan Guyer of VOX, documented many other attendees as well, including Larry Summers, Robert Kraft, General David Petreaus, CIA Director Bill Burns, and Michael Bloomberg. The gang's all here! Get full access to Ralph Nader Radio Hour at www.ralphnaderradiohour.com/subscribe
Deputy Attorney General Lisa Monaco discusses how the Department of Justice is countering new and evolving threats to the rule of law posed by hostile nation states, from transnational repression to foreign malign influence. This meeting is part of the Diamonstein-Spielvogel Project on the Future of Democracy.
In this episode of S&C's Critical Insights, Litigation partners Brendan Cullen and Tony Lewis provide an update and some key takeaways for building and sustaining an effective compliance program in light of recent remarks from Department of Justice officials, including September comments by Deputy Attorney General Lisa Monaco. Brendan and Tony build on their previous podcasts from 2020 and 2021 and discuss the agency's enforcement priorities and its newest compliance expectations. These developments come at a time when U.S. enforcement agencies appear to be increasingly focused on corporate compliance. Topics include the DOJ's focus on data analytics in testing the effectiveness of a company's compliance function and culture, using compensation systems to provide incentives or disciplinary measures to improve compliance, and on companies' use of electronic messages on personal devices. For more information about compliance programs, read Brendan and Tony's chapter in the Latin Lawyer Guide to Corporate Compliance, “Developing a Robust Compliance Programme in Latin America.”
In this episode, I visit with Mike Huneke, partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco. Some of the highlights include: Key areas we discuss on this podcast are: What is the new CCO certification policy? Why did the DOJ create the policy? How has the DOJ thinking around recidivists evolved? Reasonableness is not a factual basis. Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification. What is the role of the monitor going forward? Resources Mike Huneke on Hughes Hubbard What is the General Counsel's role in CEO and CCO compliance certifications? On the FCPA Blog Learn more about your ad choices. Visit megaphone.fm/adchoices
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest, Laura Perkins of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes. Key areas we explain on this podcast are: How the Monaco Memo instructs prosecutors to evaluate the prosecution of individuals responsible for corporate crime. The Monaco Memo is guiding prosecutors to charge more foreign individuals as opposed to less. Steps a company can take to show timeliness to the DOJ. The Memo underscores the DOJ's desire for companies to self-report misconduct that they become aware of. Previously, in determining whether a monitorship was appropriate, prosecutors would look at what state your compliance program was in at the time of resolution. The importance of clear communication in understanding the DOJ's expectations. Resources Hughes Hubbard & Reed website Laura Perkins on LinkedIn The Hughes Hubbard & Reed website has been updated with the following Anti-Corruption & Internal Investigations advisory: Cutting Through the Noise: Take‑Aways from the DOJ's Recent Announcements Regarding Corporate Criminal Enforcement On September 15, 2022, Deputy Attorney General Lisa Monaco announced a series of policy revisions to the U.S. Department of Justice's approach to criminal enforcement actions against corporations. At a high-level, these new policy revisions show the Department's desire to take an approach to criminal enforcement that targets the individuals directly responsible for corporate misconduct and encourages companies to assist in preventing misconduct by creating effective compliance programs and cultures. Companies should carefully review these policy changes and identify steps they can take to put themselves in the best position possible should they be subject to a criminal investigation in the future. For our discussion about these developments, follow this link to our website. Practice Co-Chair Laura Perkins will cover this topic in-depth in an All Things Investigations podcast, which will be released on Monday, Sept. 26.
For many months now we have heard Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco saying that the Department of Justice will follow the facts and follow the law wherever they leads. With Team Trump tampering with witnesses, with revelations that text messages of enormous evidential value are being destroyed, with Trump holding rallies at which he continues to push the big election lie and urges his supporters to make their life decisions based on the false assertion that their votes were stolen from them, is "following the facts and following the law wherever they lead" the ONLY or the BEST law enforcement approach? Or is it time for some prompt OVERT law enforcement action to deal with a democracy on fire and a former president out there still trying to bring an end to our democracy? This video takes on the importance of prompt, overt law enforcement action when circumstances warrant. For my new piece for MSNBC Daily that I discuss in the video, please go to: https://www.msnbc.com/opinion/msnbc-opinion/jan-6-hearing-witnesses-prove-trump-s-criminal-intent-n1297424 For our Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/ Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. To subscribe to the podcast: https://link.chtbl.com/JusticeMatters Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Learn more about your ad choices. Visit megaphone.fm/adchoices
For many months now we have heard Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco saying that the Department of Justice will follow the facts and follow the law wherever they leads. With Team Trump tampering with witnesses, with revelations that text messages of enormous evidential value are being destroyed, with Trump holding rallies at which he continues to push the big election lie and urges his supporters to make their life decisions based on the false assertion that their votes were stolen from them, is "following the facts and following the law wherever they lead" the ONLY or the BEST law enforcement approach? Or is it time for some prompt OVERT law enforcement action to deal with a democracy on fire and a former president out there still trying to bring an end to our democracy? This video takes on the importance of prompt, overt law enforcement action when circumstances warrant. For my new piece for MSNBC Daily that I discuss in the video, please go to: https://www.msnbc.com/opinion/msnbc-opinion/jan-6-hearing-witnesses-prove-trump-s-criminal-intent-n1297424 For our Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/ Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. To subscribe to the podcast: https://link.chtbl.com/JusticeMatters Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
By Adam Turteltaub For a time monitorships were, if not endangered, out of favor. After many years of embracing them, the US Department of Justice had begun calling for cost benefit analyses and looking for alternatives. Then in 2021 Deputy Attorney General Lisa Monaco gave a speech announcing that the previous policy had been rescinded and that more monitorships would be coming in deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs). “I am making clear that the department is free to require the imposition of independent monitors whenever it is appropriate to do so in order to satisfy our prosecutors that a company is living up to its compliance and disclosure obligations under the DPA or NPA.” In this podcast Dykema's Mark Chutkow and Jason Ross explain what to expect when a monitor is appointed. First, recognize that different monitors will approach the job differently. You will need to understand if they are pragmatic, open-minded, familiar with the industry's risk and challenges, and have a record as a monitor. Typically, these questions are already answered since companies generally have a say in who their monitor will be. But, if your organization is the exception, do your homework on the monitor. Take time, too, to understand what the scope of the monitorship is. Also, make sure employees understand the role and benefits of a monitor. Leadership and the compliance team need to work to reduce any negative impressions that employees may have so as to facilitate a construction relationship. To that end, take the time to educate employees that the monitorship will, in the long run, help them. Once the monitor arrives, expect him or her to want to conduct interviews with individual at all levels of the organization in an effort to better understand the company. The monitor will likely want to understand the pressures middle managers are under and the expectations they are setting for those who report to them. Front line workers will likely be asked if they are comfortable speaking up and raising issues. The monitor may even reach out to customers and suppliers. As for the compliance program, itself, expect the monitor to focus on whether it is properly resourced and implemented. Turning to the ongoing working relationship during the monitorship, they warn that there will be tension periodically since the monitor is an outsider, but there needs to be some level of unity to ensure that the relationship is productive. Finally, they discuss the importance of metrics. The DOJ has made it clear that it expects data analytics from organizations when it comes to their compliance programs. Listen in to learn more about the changes and how to prepare for and succeed during a monitorship.
Earlier this month, Deputy Attorney General Lisa Monaco spoke at the University of Chicago's Institute of Politics about the role of the Department of Justice in a time of intense partisan division. She discussed the rule of law, impartiality, institutional reform at the Justice Department and more. The audio for this event was provided by the University of Chicago's Institute of Politics. See acast.com/privacy for privacy and opt-out information.
Last fall, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate criminal enforcement, including the use of monitors, review of prior misconduct, and cooperation. As Monaco stated, “This is a start — and not the end — of this administration’s actions to better combat corporate crime.” These changes and […]
Last fall, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate criminal enforcement, including the use of monitors, review of prior misconduct, and cooperation. As Monaco stated, "This is a start -- and not the end -- of this administration's actions to better combat corporate crime." These changes and the Administration's formation of a Corporate Crime Advisory Group signal a shift in DOJ's commitment to ferreting out corporate crimes and more rigorous enforcement activities. The U.S. Securities and Exchange Commission (SEC) has announced its own intention to conduct faster investigations, bring bigger cases, and to seek harsher penalties. In his first speech on enforcement, SEC Chairman Gary Gensler quoted the agency's first Chair, Joseph Kennedy, to summarize his own agenda: "The Commission will make war without quarter on any who sells securities by fraud or misrepresentation." Chairman of the Commodity Futures Trading Commission (CFTC), Rostin Behnam, has also requested that Congress expand the CFTC's enforcement powers and professed the agency's readiness to serve as the "primary cop on the beat" for cryptocurrency markets.Former DOJ prosecutor Luke Cass and Britt Biles, who held former senior legal roles at the SEC, the White House, and the U.S. Small Business Administration will explain these policy shifts and discuss the risks for corporate America under this new era, additional priority enforcement areas for the Administration, and what these new policies mean for the future of corporate compliance.Featuring:-- Luke Cass, Partner, Womble Bond Dickinson-- Britt Biles, Partner, Womble Bond Dickinson-- Moderator: Nicholas Marr, Assistant Director, Practice Groups, The Federalist Society
Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco are making headlines this week. So are the January 6th Committee and the DOJ's new "KleptoCapture Task Force." In this sample from the CAFE Insider podcast, Preet and Joyce discuss the conviction of the first January 6th rioter to stand trial and the indictment of the leader of the Proud Boys on multiple charges relating to January 6th. They also break down the “obstruction of an official proceeding” statute that prosecutors are charging in many January 6th cases. In the full episode, Preet and Joyce discuss: – The completion of Merrick Garland's first year as Attorney General; – The lawsuit filed by the Republican National Committee against the January 6th Committee seeking to block a subpoena relating to RNC email campaigns; and – The launch of the Department of Justice's “KleptoCapture Task Force” targeting Russian oligarchs who are supporting Vladimir Putin's invasion of Ukraine. Get tickets to Stay Tuned with Preet live show in NYC on March 31, featuring Preet in conversation with Ben Stiller and Garry Kasparov: cafe.com/events Stay informed. For insight into the most important issues of our time, try the membership for one month for $1.00: www.cafe.com/insider. You'll get access to full episodes of the podcast, and other exclusive benefits. This podcast is brought to you by CAFE Studios and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Over the past week, the U.S. and scores of other nations have cut Russia off from much of the global economy in retaliation for its invasion of Ukraine. Now, investigators are planning strikes on Russian finances hidden here in the United States. Deputy Attorney General Lisa Monaco joins Geoff Bennett to discuss. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
Hip-hop icon Snoop Dogg could be turning Death Row Records into a non-fungible token (NFT) label, according to comments by the rapper on the social media platform Clubhouse on Feb. 15. Snoop Dogg is more than familiar with the NFT scene. In September, he claimed to have started a personal NFT collection now worth more than $17 million under the name Cozomo de' Medici, although the claim has never been confirmed. The FBI is launching a new team to investigate crimes involving cryptocurrencies. The National Cryptocurrency Enforcement Team (NCET), announced by Deputy Attorney General Lisa Monaco on Thursday, will evaluate which types of crimes involving crypto might need more resources to investigate and prosecute these cases. Ethereum wallet addresses are now in the mix for Twitter-native tipping, the company said.
On Thursday, February 17th, Deputy Attorney General Lisa Monaco delivered the keynote address at the Munich Cyber Security Conference 2022. She spoke about past enforcement actions against cyber criminals, including the seizure of ransomware payments and other hacks, the FBI's Virtual Asset Exploitation Unit, the DOJ's appointment of former AUSA Eun Young Choi as director of the DOJ's national cryptocurrency enforcement team, and other matters related to cryptocurrency regulation and incident responses to malevolent cyber actors. See acast.com/privacy for privacy and opt-out information.
Questioning our election process is unpatriotic - unless you question Donald Trump. Let's break it down.Deputy Attorney General Lisa Monaco has revealed that federal prosecutors are looking into fake Electoral College certifications that declared former President Donald Trump the winner of states he lost like Georgia, Michigan, Pennsylvania, Wisconsin, Nevada, and New Mexico. She announced this on CNN, of all places, last week.According to CNN, the fake certificates falsely declaring Trump's victory were sent to the National Archives by Trump's allies in mid-December 2020. The so-called January 6 crucifixion of mostly peaceful protestors has shed light on these, no doubt in an effort to compound charges against law-abiding citizens.Ever since questions arose surrounding the 2020 election, we have been told by establishment run media that even questioning the integrity of our elections amounts to treason. Yet supposed evidence purporting to show fraud on the side of Donald Trump, emboldens liberals with an obligation to protect election rectitude. If the electoral process was everyone's concern, we should investigate any hint of impropriety, regardless of the political party.This proves there is no desire for honest elections, but a one-sided control of outcomes.Alas, evidently there is no power left in their irony detector. The only thing more ironic is capitalizing the word "Communism."Get more of The Daily Breakdown here: https://breakdradio.com/category/the-daily-breakdown/Follow on all the socials here: https://breakdradio.contactin.bio/
California workers would get up to two weeks of paid time off if they get sick from the coronavirus while businesses would get up to $6 billion in tax cuts and other assistance under a proposal endorsed Tuesday by Gov. Gavin Newsom and the state's top legislative leaders. Dominion Voting Systems said this week in a court filing that there was no "realistic possibility" that it would settle its $1.3 billion defamation lawsuit with MyPillow CEO Mike Lindell and the pro-Trump lawyers Rudy Giuliani and Sidney Powell. Deputy Attorney General Lisa Monaco said in an interview with CNN on Tuesday that the Department of Justice is investigating fake electors supporting former President Trump during the 2020 presidential election. See omnystudio.com/listener for privacy information.
The Castro Valley school board unanimously approved a contract Wednesday night with a controversial consortium of ethnic studies teachers who have expressed strong opposition to Israel and to pro-Israel Jewish organizations. Jewish organizations lobbied mightily to remove mention of the boycott, divestment and sanctions movement from the statewide model curriculum approved last March, and to add a discussion of antisemitism and Jews. While those efforts were successful, use of the model to meet the mandate is only encouraged, not required. Federal prosecutors are reviewing fake Electoral College certifications that declared former President Donald Trump the winner of states that he lost, Deputy Attorney General Lisa Monaco told CNN on Tuesday. "We've received those referrals. Our prosecutors are looking at those and I can't say anything more on ongoing investigations," Monaco said in an exclusive interview. The fake certificates falsely declaring Trump's victory were sent to the National Archives by Trump's allies in mid-December 2020. They have attracted public scrutiny amid the House's January 6 investigation into the pressure campaign that sought to reverse Trump's electoral defeat. See omnystudio.com/listener for privacy information.
Welcome to a special podcast series on the Compliance Podcast Network, 31 Days to a More Effective Compliance Program. Over these 31 days series in January 2021, I will post a key part a best practices compliance program each day. By the end of January, you will have enough information to create, design or enhancement a compliance program. Each podcast will be short, at 6-8 minutes with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will plan to join each day in January for this exploration of best practices in compliance. 2021 was a very significant year for every compliance practitioner and compliance program. While there was a paucity of corporate FCPA enforcement actions, the three enforcement actions were significant with multiple lessons for the compliance professional. In Deutsche Bank, we learned about the costs of a corrupt culture and recidivism, in Amec Foster Wheeler, we saw happens to a company which pays bribes and then tries back out; the criminals they are dealing with have them in an untenable position that they must continue to pay the bribes and how catastrophic failure in pre- and post-acquisition due diligence can lead to massive FCPA violations. Finally, in WPP, we saw how accepted business incentives can become perverse, what happens when you ignore whistleblowers. However, there were two major policy announcements from the Biden Administration which every compliance professional needs to not simply be aware of but study and implement solutions based upon these announcements. In late October, Deputy Attorney General Lisa O. Monaco key changes in the DOJ approach to FCPA enforcement.: (1) “today I am directing the department to restore prior guidance making clear that to be eligible for any cooperation credit, companies must provide the department with all non-privileged information about individuals involved in or responsible for the misconduct at issue. To be clear, a company must identify all individuals involved in the misconduct, regardless of their position, status or seniority.” This portends a return to the strictures of the Yates Memo. (2) “The second change I am announcing today deals with the issue of a company's prior misconduct and how that affects our decisions about the appropriate corporate resolution. (3) The final change I am announcing today deals with the use of corporate monitors.” This final change is a rejection of the strictures laid out in the Benczkowski Memo regarding the DOJ use of corporate monitorships. In November, the Biden Administration released the United States Strategy on Countering Corruption (the “Strategy”); subtitled “Pursuant To The National Security Study Memorandum On Establishing The Fight Against Corruption as a Core United States National Security Interest”; in response to President Biden's prior declaration of corruption as a national security issue of the United States. While obviously focused on the US government's role in leading the fight against corruption, the entire document portends a major sea change in the approach of fighting bribery and corruption, literally on a worldwide basis. For this reason alone, it should be studied by all compliance professionals. Obviously, this more holistic approach is most welcomed. Corruption does more than simply steal money from the world economy. Three key takeaways: The Biden Administration released its Strategy on Countering Corruption. Deputy Attorney General Lisa Monaco gave a speech refocusing the DOJ's efforts on FCPA and other white-collar crime. Even with a paucity of FCPA enforcement actions, there were multiple lessons for the compliance professional. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jonathan Armstrong returns from assignment to take on a potpourri of issues with co-host Tom Fox. We use the recent speech by Deputy Attorney General Lisa Monaco as a jumping off point to discuss how this change in DOJ enforcement policy and focus will be impacted by GDPR, the new EU Whistleblower Directive and how increased international cooperation around international anti-corruption compliance may play out. Some of the issues we consider include: Data protection issues under the new DOJ FCPA enforcement policy? Monitorships outside the US. Data privacy and investigations. Class actions in the UK going forward. Increased cooperation between the DOJ/SEC and the UK Serious Fraud Office. Resources Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Welcome to the only roundtable podcast in compliance. The entire gang is thrilled to be honored by W3 as a top talk show in podcasting. In the context of several different stories, the full gang takes into the recent speech by Deputy Attorney General Lisa Monaco announcing a shift in enforcement focus by the DOJ. We end with a veritable mélange of shouts outs and rants. 1. Karen Woody looks at it from the SEC perspective and reviews some additional remarks by SEC Chair Gensler on the topic. Karen shouts out to the TV show and pop culture phenomenon Succession. 2. Jay Rosen discusses the speech from the monitorship perspective. Rosen has a melancholy rant about shooting victims on movie sets. Rosen shouts out to dads everywhere by honoring OBS, Odell Beckham, Sr. for getting his son out of Cleveland and to the LA Rams. 3. Matt Kelly gives an overview of the speech and what it all means. Kelly has a Shout Out to People Magazine and Paul Ruud. The Mag named Ruud the ‘Sexiest Man in America for 2021'. 4. Jonathan Armstrong takes a look at the speech from the UK perspective and ties in a couple of recent UK data privacy enforcement actions. Armstrong shouts out and rants about the fraudster Dr. Ruja Ignatova and her fraudulent crypto currency OneCoin. 5. Jonathan Marks talks about this speech will impact internal investigations. He continues his last rant about hotels. This time for booking him into an already occupied room. 6. Tom Fox shouts out to the NFL Fashion Police for fining CeeDee Lamb over $15K for having his shirt tail out during a game while fining Aaron Rogers less than $15K for breaking Covid-19 protocols. The members of the Everything Compliance are: • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com • Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com • Jonathan Marks is Partner, Firm Practice Leader - Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dan Kahn joins the podcast to discuss his time at the US Department of Justice, including as Chief of the FCPA Unit, and his recent transition back to private practice as a partner in the White Collar Defense and Investigations practice in Davis Polk's Washington office. Dan discusses recent trends, the new guidance announced by Deputy Attorney General Lisa Monaco and some approaches to pursuing demand-side bribery.
In June 2015, the FBI in Indianapolis was notified that Larry Nassar, a doctor for Olympic caliber gymnasts, was sexually abusing his underage patients. In this episode, hear highlights from a riveting Senate hearing with testimony from Maggie Nichols, McKayla Maroney, Aly Raisman, and Simone Biles and get all the details presented in an Inspector General report explaining why the FBI did nothing to stop Larry Nassar for over a year while he continued to abuse dozens of additional young girls. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Documentaries Athlete A. Netflix. Hannah Shaw-Williams. June 24, 2020. “Athlete A True Story: What Netflix's Documentary Leaves Out” Screen Rant. Government Documents and Reports Office of the Inspector General. July 2021. Investigation and Review of the Federal Bureau of Investigation's Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar (21-093). United States Department of Justice. Office of the Inspector General. 2021. “DOJ OIG Releases Report of Investigation and Review of the FBI's Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar.” U.S. Department of Justice. Senator Jerry Moran and Senator Richard Blumenthal. July 30, 2019. The Courage of Survivors: A Call to Action. Senate Olympics Investigation. Manly, Stewart & Finaldi. September 8, 2016. “Jane JD Doe Complaint: Case Number 34-2016-00200075.” Superior Court of California, Sacramento. News Coverage Grace Segers. September 15, 2021. “Gymnasts Rip the FBI for Its Failure to Stop Larry Nassar's Serial Sexual Abuses.” The New Republic. Rebecca Shabad. September 15, 2021. “FBI fires agent accused of failing to investigate Nassar sex-abuse allegations.” NBC News. Kara Berg. September 8, 2021. “How much Michigan State has paid in wake of Larry Nassar scandal.” The Lansing State Journal. Sayantani Nath. February 25, 2021. “Who owns Twistars USA gym now? John Geddert sold gym infamous for Larry Nassar's sexual abuse before suicide.” MEAWW (Media, Entertainment, Arts WorldWide). Reuters. February 25, 2021. “Nassar Whistleblower Repeats Call for USAG Decertification.” U.S. News & World Report. Dan Barry, Serge F. Kovaleski and Juliet Macur. February 3, 2018. “As F.B.I. Took a Year to Pursue the Nassar Case, Dozens Say They Were Molested.” The New York Times. Matthew Futterman, Louise Radnofsky and Rebecca Davis O'Brien. June 2, 2017. “Former U.S. Gymnastics Chief Received $1 Million Severance Package.” The Wall Street Journal. Tim Evans, Mark Alesia, and Marisa Kwiatkowski. September 12, 2016. “Former USA Gymnastics doctor accused of abuse.” The Indianapolis Star. Marisa Kwiatkowski, Mark Alesia and Tim Evans. August 4, 2016. “A blind eye to sex abuse: How USA Gymnastics failed to report cases.” The Indianapolis Star. Matt Krantz. September 13, 2013. “2008 crisis still hangs over credit-rating firms.” USA Today. Audio Sources Dereliction of Duty: Examining the Inspector General's Report on the FBI's Handling of the Larry Nassar Investigation Senate Judiciary Committee September 15, 2021 Committee concluded a hearing to examine the Inspector General's report on the Federal Bureau of Investigation's handling of the Larry Nassar investigation, after receiving testimony from Michael E. Horowitz, Inspector General, and Christopher A. Wray, Director, Federal Bureau of Investigation, both of the Department of Justice; Simone Biles, Houston, Texas; McKayla Maroney, Long Beach, California; Maggie Nichols, Little Canada, Minnesota; and Aly Raisman, Boston, Massachusetts. Sound Clips 47:54 Senator Dick Durbin (D-IL): By the time Nassar was convicted and sentenced in federal and Michigan State court, over 150 survivors had come forward to recount the impact of these horrific crimes. Today we believe Nasser abused more than 300 athletes before he was brought to justice. 48:20 Senator Dick Durbin (D-IL): Between 2018 and 2019, a subcommittee of the Senate Commerce Committee led by our colleagues, Senator Richard Blumenthal and Senator Jerry Moran conducted an 18 month investigation into this case. The investigation concluded that the US Olympic Committee in the USA Gymnastics knowingly concealed abuse by masseur between the summer of 2015 and September of 2016. The Senate passed two bills aimed at addressing the failures in the Nasser case with overwhelming bipartisan support that protecting young victims from Sexual Abuse Act of 2017, sponsored by Senator Feinstein, and the umpiring Olympic Paralympic amateur athletes act of 2020 by Senators Moran and Blumenthal both extended the duty of certain adults to report suspected child abuse. These are good and important steps. But the reporting requirement in both laws is not worth much if law enforcement and the FBI failed to respond and immediately and aggressively investigate the abuse cases. 51:57 Senator Dick Durbin (D-IL): We'll also hear from the Inspector General and the FBI Director, who owe these young women in this committee an explanation of what the FBI is doing to ensure that this never happens again. And I'll add that I am disappointed. We asked the Justice Department to testify about their decision not to prosecute the two FBI officials who made false statements to the Attorney General. I understand it's a long standing department policy not to comment on decisions not to prosecute, but robust oversight of the Department of Justice is a core responsibility of this committee, committed to ensuring that committee members have an opportunity to question the Department of Justice about this issue at an oversight hearing in the fall. 56:44 Senator Chuck Grassley (R-IA): I suspect there's much more to that story. One issue not talked about much is that the FBI has a division in Washington DC, known as the Violent Crimes Against Children unit. This component of headquarters was notified by two of its field offices about the Nassar allegations way back in 2015, and 2016, respectively. The Children's unit employs subject matter experts so it is well position in FBI to guide those field officers on their duties in child exploitation cases. Because it's housed at headquarters, this children's unit also was uniquely positioned to play a coordinating role by supervising case transfers to the appropriate FBI field offices. And this unit was well positioned to offer qualitative supervision of field offices' work. 58:19 Senator Chuck Grassley (R-IA): The Children's unit helped develop a white paper, or more accurately, a whitewash, after the Nassar case attracted national attention. Ensuring that truthful information was provided about the FBI's role in this investigation was clearly not the main priority. This is a serious problem at the heart of the FBI. Not a case of a few errant agents. 1:00:12 Senator Chuck Grassley (R-IA): Finally, I want to mention that I'm working on legislation to close the legislative loophole in the sex tourism statute that the Inspector General flagged in his report. This gap in the law allowed Larry Nassar to evade federal prosecution for assaulting children while traveling abroad. 1:26:34 Senator Dick Durbin (D-IL): Our first witness Simone Biles, one of the greatest gymnast of all time. She is the first woman to capture five all round world championship titles and the most decorated gymnast, male or female, in World Championships history. 25 medals overall, she is a seven time Olympic medalist. Her extraordinary accomplishments have received widespread recognition including two Associated Press Female Athlete of the Year awards. 1:27:18 Senator Dick Durbin (D-IL): McKayla Maroney was a member of the American women's gymnastics team dubbed the Fierce Five at the 2012 Summer Olympics. She won a gold medal in team competition and an individual silver medal in the vault. She was also a member of the American team at the 2011 World Championships where she won gold medals in the team and vault competitions and the 2013 World Championships where she defended her vault title and we frequently see her on TV jumping on a roof. 1:27:48 Senator Dick Durbin (D-IL): Our next witness Maggie Nichols led the University of Oklahoma women's gymnastics team to Team national championships in 2017 and 2019, also winning six individual titles. She represented the United States at the 2015 World Championships where she won a gold medal in team competition and a bronze medal on floor exercise. She also holds several USA Gymnastics national championship medals. 1:28:15 Senator Dick Durbin (D-IL): Finally, Aly Raisman, one of the most accomplished American gymnast of all time, two time Olympian, team captain of the 2012 and 2016 women's gymnastics team captured six Olympic and four World Championship medals, including an individual silver medal in the 2016 Olympic all around and gold medals in team competition in 2012 and 2016. A leader on and off the floor. Reisman uses her platform to advocate for abuse prevention and education. 1:32:25 Simone Biles: USA Gymnastics and the United States Olympic and Paralympic Committee knew that I was abused by their official team doctor long before I was ever made aware of their knowledge. In May of 2015, Rhonda Faehn, the former head of USA Gymnastics women's program, was told by my friend and teammate, Maggie Nichols, that she suspected I, too was a victim. I didn't understand the magnitude of what was happening until the Indianapolis Star published its article in the fall of 2016, entitled, "former USA Gymnastics doctor accused of abuse." Yet while I was a member of the 2016 US Olympic team, neither USAG USOPC nor the FBI ever contacted me or my parents, while others had been informed and investigations were ongoing. I had been left to wonder why was not taught until after the Rio Games. This is the largest case of sexual abuse in the history of American sport. And although, there has been a fully independent investigation of the FBI his handling of the case, neither USAG nor USOPC have ever been made the subject of the same level of scrutiny. These are the entities entrusted with the protection of our sport and our athletes. And yet it feels like questions of responsibility and organizational failures remain unanswered. 1:34:30 Simone Biles: We have been failed and we deserve answers. Nassar is where he belongs, but those who enabled him deserve to be held accountable. If they are not, I am convinced that this will continue to happen to others, across Olympic sports. In reviewing the OIGs report, it really feels like the FBI turned a blind eye to us and went out of its way to help protect USAG and USOPC. A message needs to be sent. If you allow a predator to harm children, the consequences will be swift and severe. 1:37:00 McKayla Maroney: As most of you are probably aware, I was molested by the US Gymnastics National Team and Olympic Team doctor, Larry Nasser, and in actuality, he turned out to be more of a pedophile than he was a doctor. What I'm trying to bring to your attention today is something incredibly disturbing and illegal. After telling my entire story of abuse to the FBI in the Summer of 2015, not only did the FBI not report my abuse, but when they eventually documented my report, 17 months later, they made entirely false claims about what I said. After reading the Office of Inspector General's OIG report, I was shocked and deeply disappointed at this narrative they chose to fabricate, they chose to lie about what I said and protect a serial child molester, rather than protect not only me, but countless others. My story is one which Special Agent in Charge Jay Abbott and his subordinates did not want you to hear. And it's time that I tell you. In the summer of 2015, like I said, I was scheduled to speak to the FBI about my abuse with Larry Nasser over the phone. I was too sick to go meet with anyone in person. And talking about this abuse would give me PTSD for days. But I chose to speak about it to try and make a difference and protect others. I remember sitting on my bedroom floor for nearly three hours as I told them what happened to me. I hadn't even told my own mother about these facts. But I thought as uncomfortable and as hard as it was to tell my story, I was going to make a difference, and hopefully protecting others from the same abuse. I answered all of their questions honestly and clearly. And I disclosed all of my molestations I had entered by Nassar to them in extreme detail. They told me to start from the beginning. I told them about the sport of gymnastics, how you make the national team, and how I came to meet Larry Nassar when I was 13 at a Texas camp. I told him that the first thing Larry Nassar ever said to me was to change into shorts with no underwear, because that would make it easier for him to work on me. And within minutes, he had his fingers in my vagina. The FBI then immediately asked, Did he insert his fingers into your rectum? I said, No, he never did. They asked if he used gloves. I said no, he never did. They asked if this treatment ever helped me. I said no, it never did. This treatment was 100% abuse and never gave me any relief. I then told the FBI about Tokyo, the day he gave me a sleeping pill for the plane ride, to then work on me later that night. That evening, I was naked, completely alone with him on top of me molesting me for hours. I told them I thought I was going to die that night, because there was no way that he would let me go. But he did. I told them I walked the halls of a Tokyo hotel at 2am, at only 15 years old. I began crying at the memory over the phone. And there was just dead silence. I was so shocked at the agent's silence and disregard for my trauma. After that minute of silence he asked "Is that all?" Those words in itself was one of the worst moments of this entire process for me, to have my abuse be minimized and disregarded by the people who were supposed to protect me. Just to feel like my abuse was not enough. But the truth is my abuse was enough, and they wanted to cover it up. USA Gymnastics in concert with the FBI and the Olympic Committee or working together to conceal that Larry Nassar was a predator. I then proceeded to tell them about London, and how he'd signed me up last on his sheet so he could molest me for hours twice a day. I told them how he molested me right before I won my team gold medal. How he gave me presents, bought me caramel macchiatos and bread when I was hungry. I even sent them screenshots of Nassar's last text to me, which was "Michaela, I love how you see the world with rose colored glasses. I hope you continue to do so." This was very clear cookie cutter pedophilia and abuse. And this is important because I told the FBI all of this, and they chose to falsify my report and to not only minimize my abuse, but silence me yet again. I thought given the severity of the situation, they would act quickly for the sake of protecting other girls, but instead, it took them 14 months to report anything when Larry Nassar, in my opinion, should have been in jail that day. 1:42:00 McKayla Maroney: According to the OIG report, about 14 months after I disclosed my abuse to the FBI, nearly a year and a half later, the FBI agent who interviewed me in 2015 decided to write down my statement, a statement that the OIG report determined to be materially false. 1:42:33 McKayla Maroney: What is the point of reporting abuse if our own FBI agents are going to take it upon themselves to bury that report in a drawer? 1:42:55 McKayla Maroney: What's even more upsetting to me is that we now we know that these FBI agents have committed an obvious crime. They falsified my statement, and that is illegal in itself. Yet no recourse has been taken against them. The Department of Justice refused to prosecute these individuals. Why? Deputy Attorney General Lisa Monaco couldn't even bring herself to be here today. And it is the Department of Justice's job to hold them accountable. 1:43:25 McKayla Maroney: I am tired of waiting for people to do the right thing, because my abuse was enough and we deserve justice. These individuals clearly violated policies and were negligent in executing their duties. And in doing so, more girls were abused by Larry Nasser for over a year. To not indict these agents is a disservice to me and my teammates. It is a disservice to the system which was built to protect all of us from abuse. It was a disservice to every victim who suffered needlessly at the hands of Larry Nassar after I spoke up. Why are public servants whose job is to protect getting away with this? This is not justice. Enough is enough. Today, I ask you all to hear my voice. I ask you please do all that is in your power to ensure that these individuals are held responsible and accountable for ignoring my initial report, for lying about my initial report, and for covering up for a child molester. 1:44:30 McKayla Maroney: I would like to express my deep gratitude to the United States Senate, a very powerful institution, that from the very beginning has fought for us rather than against us. 1:46:47 Maggie Nichols After I reported my abuse to USA Gymnastics, my family and I were told by their former president, Steve Penny, to keep quiet and not say anything that could hurt the FBI investigation. We now know there was no real FBI investigation occurring. While my complaints with the FBI, Larry Nassar continued to abuse women and girls. During this time the FBI issued no search warrants and made no arrests. From the day I reported my molestation by Nassar, I was treated differently by USAG. Not only did the FBI fail to conduct a thorough investigation, but they also knew that USAG and the USOPC created a false narrative where Larry Nasser was allowed to retire with his reputation intact and returned to Michigan State University, thus allowing dozens of little girls to be molested. As the Inspector General's report details during this time period, FBI agents did not properly documented evidence failed to report proper authorities and the Special Agent in Charge was seeking to become the new director of security for the United States Olympic and Paralympic Committee. A job opportunity raised by Steve Penny. 1:51:20 Aly Raisman: In 2015, it was known that at least six national team athletes had been abused by Nassar. There was even one of the athletes that was abused on film. Given our abusers unfettered access to children, stopping him should have been a priority. Instead, the following occurred. The FBI failed to interview pertinent parties in a timely manner. It took over 14 months for the FBI to contact me, despite my many requests to be interviewed by them. The records establish that Steve Penney, FBI agent Jay Abbott, and their subordinates worked to conceal Nassar's crimes. Steve Penney arranged with the FBI to conduct my interview at the Olympic Training Center, where I was under the control and observation of USA Gymnastics and the United States Olympic and Paralympic Committee. The day of my interview, Steve Penny flew to the Olympic Training Center, and he made sure I was aware he was there. I felt pressured by the FBI to consent to Nassar's plea deal. The agent diminish the significance of my abuse and it made me feel my criminal case wasn't worth pursuing. Special Agent in Charge of investigating Nassar met Steve penny for beers to discuss job opportunities in the Olympic movement. Another FBI agent work with Steve penny to determine jurisdiction without interviewing the survivors. I've watched multiple high ranking officials at USAG, USOPC and FBI resign or retire without explanation of how they may have contributed to the problem, some of whom were publicly thanked for their service and rewarded with severance or bonus money. My reports of abuse were not only buried by USAG USOPC, but they were also mishandled by federal law enforcement officers who failed to follow their most basic duties. The FBI and others within both USAG and USOPC knew that Nasser molested children and did nothing to restrict his access. Steve Penny and any USAG employee could have walked a few steps to file a report with the Indiana Child Protective Services since they shared the same building. Instead, they quietly allowed Nassar to slip out the side door knowingly allowing him to continue his “work” at MSU Sparrow hospital, a USAG Club, and even run for school board. Nassar found more than 100 new victims to molest. It was like serving innocent children up to a pedophile on a silver platter. 1:54:33 Aly Raisman: USAG and USOPC have a long history of enabling abuse by turning a blind eye. Both organizations knew of Nassar's abuse long before it became public. Although you wouldn't know that by reading their press releases, which would have you and their corporate sponsors believe that athletes safety comes first. We have called for a fully independent factual investigation for years now, because I and these women who sit before you know firsthand, these organizations and their public statements are not to be trusted. They claim they want accountability, but then seek to restrict which staff can be interviewed, which documents can be examined and claim attorney client privilege over and over again. The so called investigations these organizations orchestrated were not designed to provide the answers we so critically need. Why are we left to guess why USAG and USOPC deliberately ignored reported abuse? Was it to protect the value of the sponsorships? The LA 28 bid? their own jobs? to avoid criminal liability, perhaps. But why must we speculate when the facts are obtainable and the stakes are so high? 1:56:04 Aly Raisman: Why would duly sworn federal law enforcement officers ignore reports of abuse by a doctor across state lines and country borders for a future job opportunity? Or whether additional incentives and pressures? Why must we speculate when the facts are obtainable and the stakes are so high 1:57:00 Aly Raisman: Without knowing who knew what when, we cannot identify all enablers or determine whether they are still in positions of power. We just can't fix a problem we don't understand 2:04:28 Senator Chuck Grassley (R-IA): I Hope this isn't something so sensitive, you don't feel you can talk about it. But do you have any thoughts or inputs to share about SafeSport, the national nonprofit entity that has been tasked by Congress with handling allegations from amateur athletes? Aly Raisman: Yeah, I personally think safe sport is...I'm trying to be respectful here...I don't like safe sport. I hear from many survivors that they report their abuse and it's like playing hot potato where someone else kicks it over to somebody else, and they don't hear back for a really long time. I think a really big issue is that safe sport is funded by USA Gymnastics or the United States Olympic Committee. I'm not sure exactly what the correct terminology is. But if you're SafeSport and you are funded by the organization you're investigating, they're likely not going to do the right thing. And so I think that it needs to be completely separate. And I personally think SafeSport needs a lot of work. And I know from many survivors and you know, my mom has personally reported things to safesport, but we've followed up so many times, they say we can't help you or they either ignore us or pass it on to somebody else and the person they pass it on to says they kick it back to them. It's just a complete mess and the priority doesn't seem to be safety and well being of athletes. It seems to be protecting USA Gymnastics and doing everything to keep the PR good. 2:10:15 Aly Raisman: Because the FBI made me feel like my abuse didn't count and it wasn't a big deal. And I remember sitting there with the FBI agent and him trying to convince me that it wasn't that bad. And it's taken me years of therapy to realize that my abuse was bad that it does matter. 2:11:33 Simone Biles: Okay, one more to add -- we also want to see them, at least be federally prosecuted to the fullest extent because they need to be held accountable. 3:03:54 FBI Director Christopher Wray: I want to be crystal clear, the actions and inaction of the FBI employees detailed in this report are totally unacceptable. These individuals betrayed the core duty that they have of protecting people. They failed to protect young women and girls from abuse. The work we do certainly is often complicated and uncertain, and we're never going to be perfect, but the kinds of fundamental errors that were made in this case in 2015 and 2016 should never have happened. 3:06:37 FBI Director Christopher Wray: When I received the Inspector General's report and saw that the Supervisory Special Agent in Indianapolis had failed to carry out even the most basic parts of the job, I immediately made sure he was no longer performing the functions of a Special Agent, and I can now tell you that that individual no longer works for the FBI in any capacity. 03:07:01 FBI Director Christopher Wray: As for the former Indianapolis specialists in charge, the descriptions of his behavior also reflect violations of the FBI, his long standing code of conduct and the ethical obligations for all FBI employees, especially senior officials. Now that individual has been gone for the Bureau for about three and a half years having retired in January of 2018. Before any review launched and I will say I will say it is extremely frustrating that we are left with little disciplinary recourse when people retire before their cases can be adjudicated. 3:11:10 Inspector General Michael Horowitz: Let me briefly just summarize the results of our investigation. In July 2015, USA Gymnastics reported the sexual assault allegations against Nassar to the FBI Indianapolis field office. USA Gymnastics officials described graphic information that had been provided by Ms. Maroney, Ms. Nichols and Ms. Raisman, and informed the FBI that all three athletes were available to be interviewed. However, it wasn't until six weeks later, on September 2, that the Indianapolis office interviewed Ms. Maroney by telephone as you heard, and neither Ms. Nichols nor Ms. Raisman were ever interviewed by that office. Moreover, the Indianapolis office did not formally document its interview of Ms. Maroney at the time, or its July meeting with USA Gymnastics. The Office also didn't formally open an investigation or an assessment of the matter. Immediately following that September 2 interview, the Indianapolis office and local federal prosecutors concluded there was no venue in Indianapolis for the federal investigation. Both offices also had serious questions as to whether there was federal criminal jurisdiction, as opposed to state or local jurisdiction. Yet the Indianapolis Field Office didn't advise state or local authorities about the allegations and didn't take any actions to mitigate the risks to gymnast that Nassar was continuing to treat. Further, that office failed to transfer the case to the FBI office that actually might have had venue, despite informing USA Gymnastics that it had actually done so. 3:12:45 Inspector General Michael Horowitz: After eight months of FBI inactivity, in May 2016, USA Gymnastics officials contacted the FBI Los Angeles field office to report the same allegations that they had provided to the Indianapolis office. Following this meeting, the LA office opened a federal investigation and undertook numerous investigative steps. But, critically, it didn't contact state or local authorities and it didn't take action to mitigate the ongoing threat presented by Nassar. 3:13:13 Inspector General Michael Horowitz: It wasn't until August 2016 when Michigan State University Police, that police department, received a separate sexual assault complaint from another gymnast. And in September 2016, the next month, the MSU Police Department executed a court authorized search of Nassar's residence. Among other things, they seized devices containing over 30,000 images of child pornography. 3:13:42 Inspector General Michael Horowitz: According to civil court documents, approximately 70 or more young athletes were allegedly sexually abused by Nassar under the guise of medical treatment between July 2015, when the FBI first received these allegations, until September 2016. 3:14:00 Inspector General Michael Horowitz: We further found that when the FBI's handling of the Nassar matter came under scrutiny in 2017 and 2018, Indianapolis officials provided inaccurate information to make it appear that they had actually been diligent in their follow-up efforts, and did so in part by blaming others. In addition, it resulted in the Indianapolis Supervisory Special Agent drafting a summary of his telephonic interview of Ms. Maroney from 2015. That summary included statements, as you heard from Ms. Maroney, that didn't accurately reflect what she had told them and could have actually jeopardized the criminal investigations by including false information that could have bolstered Nasser's defense. Further, we concluded that that agent made false testimony statements to the OIG in two interviews that we conducted. 3:14:55 Inspector General Michael Horowitz: We also learned during our investigation that in the fall of 2015, the FBI Indianapolis Special Agent in Charge, Jay Abbott, met with USA Gymnastics president, Steve Penny, at a bar and discussed a potential job opportunity with the US Olympic Committee. Thereafter, Abbott engaged with Penny about both his interest in the US Olympic Committee job and the Nassar investigation, while at the same time participating in Nassar investigation discussions at the FBI. Abbott applied for the US Olympic Committee position in 2017. But wasn't selected. We determined that Abbott's actions violated the FBI's clear conflicts of interest policy. We also found that Abbott made false statements to the OIG and my agents in two interviews that we conducted. 3:19:21 FBI Director Christopher Wray: So we have something called CAFI's, which are Child Adolescent Forensic Interviewers. These are interviewers who are specially trained in the unique sensitivities of what it takes to interview people, victims, survivors of these kinds of crimes. And one of the reforms that we've put in place is to make crystal clear in policy that interviews of individuals like Miss Raisman should be conducted with those kinds of interviewers and they should not be conducted telephonically, they should be conducted in person wherever possible. That was true before, we've made it more clear now, and we're putting training in place --mandatory training. 3:20:12 Senator Dick Durbin (D-IL): General Horowitz, did any of the FBI employees or agents involved in this case deliberately misrepresent any facts to you and your investigation? Inspector General Michael Horowitz: They did. We found both that the person who wrote the report that Ms. Maroney testified about falsely testified to us about what he did in connection with that report, as well as other matters that we asked him about and Special Agent in Charge Abbott made false statements to us about the steps he took in 2015 when these allegations came in, but also about his job seeking efforts with the US Olympic Committee. Senator Dick Durbin (D-IL): Do these deliberate misrepresentations reach the level of criminal violation? Inspector General Michael Horowitz: Well, we found that they violated criminal law sufficiently that in what we do at that point is make the referral to prosecutors to assess them because that's who needs to make the decision whether or not there will be charges brought. Senator Dick Durbin (D-IL): Director Wray, what happened next? FBI Director Christopher Wray: Well, as inspector general Horowitz said, those were referred to the prosecutors over at the Justice Department and they're the ones that made the decision. As I understand it from Inspector General Horowitz's report the prosecutors at the Justice Department on two separate occasions, both in 2020 and then again in 2021, declined to prosecute, but I really would defer to the Justice Department for those. Senator Dick Durbin (D-IL): Are you personally aware or professionally aware of any facts or circumstances that would lead to that decision? FBI Director Christopher Wray: I am not. 3:22:49 FBI Director Christopher Wray: So there's a whole bunch of things we've done differently. First, we've accepted every single one of Inspector General Horowitz's recommendations, and then some. We've already begun implementing all of those. We are strengthening policies, we're strengthening procedures. We're taking training, we're strengthening our systems, all building in double checked triple checks, safeguards, oversight, different ways of making sure that we cannot have as occurred here, in certain instances, a single point of failure. That's one of the lessons here that is just totally unacceptable. And so part of what's built in is a bunch of, as I said, double and triple, even quadruple checks to make sure that that doesn't happen, both in terms of how the initial reports are handled with the appropriate urgency, but also in terms of communication. One of the important recommendations from Inspector General Horowitz is reporting to state local law enforcement, as well as communications between field offices, transfers between field offices. 3:31:20 FBI Director Christopher Wray: My understanding of the most senior individual involved, based on looking at the thorough and independent investigation that Inspector General Horowitz conducted, was that the most senior individual with knowledge and responsibility was the Special Agent in Charge in Indianapolis, Mr. Abbott. 3:32:23 Inspector General Michael Horowitz: FBI policies don't require the level of detail and reporting to the headquarters unit that would, for example, put the responsibility directly on them to have notified state local authorities. 3:56:55 Senator Chris Coons (D-DE): My impression from what she'd said, and what I've read is that their concern is that USA Gymnastics and the Olympic Committee have thrown a variety of roadblocks into a genuinely thorough investigation into whether there had or hadn't been previous incidents similar to Dr. Nassar, either in USA Gymnastics or within sports more broadly. It is hard to believe that this is the only time that there's been a failing of this scale. Given, Director Wray, when you just said about the 16,000 arrests, we all know that the horror of child sexual abuse is tragically far more widespread in this country and around the world than any of us would like to see. So first. Mr. Horwitz, do you think there is still a pressing need? And who would be the appropriate entity to conduct that? And what if any advice do you have for us on respecting her request to this committee? Inspector General Michael Horowitz: It's a great question, Senator Coons. And, frankly, as you indicated, the reason we can do a report like this and other reports that we've been able to do is because of the statutory authorities that we've been given by the Congress that make us independent. And by the way, picking up on something Miss Raisman said, which was very perceptive, about who is funding the oversight, as you know, back in 2008, we were given an independent budget line so that our budget is not coming from the Justice Department, but is being set by an independent appropriator. I don't know, as I sit here, frankly, what the oversight mechanisms are currently on USOC and the other entities. But actually, one of the things I did have a chance to talk with Senator Blumenthal about during the break was the importance of given what I'd heard from these gymnast's, the very issue you just mentioned, which is thinking about what is the right independent oversight mechanism of those bodies, which are not just private entities, right? These are organizations that have been sanctioned by Congress to oversee our US athletes, and they need strong oversight as well and I'm happy to work with you as well Senator, and the committee, in thinking about how to do that because we are seeing the IG (Inspector General) model replicated in many places, as you know, across the country, including many state and local entities. 4:04:55 Senator Amy Klobuchar (D-MN): What steps are you taking to ensure that the agents communicate allegations of sexual assault with local law enforcement? FBI Director Christopher Wray: So we've enhanced our policies and procedures on the specific issue of reporting sake and local law enforcement built in. Now they have to document it, which they didn't have to before. And that builds in, as inspector general Horowitz referred to, an ability to hold them accountable. They have to alert their supervisors. So there's a second set of eyes. So that would help. We've also enhanced our training to make clear that it's mandatory and that's regardless of whether there's some question about potential federal jurisdiction. We can continue to investigate if we there's federal jurisdiction, but we have to do, on a parallel track, report to the appropriate state and local or, in some cases, social services agencies as well. 4:06:36 FBI Director Christopher Wray: So I appreciate the question. There are two pieces of this one. The Child Adolescent Forensic Interviewers (CAFIs), which again, is a very specific discipline that requires very specific sensitivities and skill sets. And we've changed our policies to reinforce the use of those interviewers for these kinds of cases. Second is our victim services division. And one of the things that we changed even before receiving inspector general Horowitz his report on my watch is to make clear that the victim services that we provide, which is a little bit different from the forensic interviewing part of it, but it's also very important to handling these survivors with the appropriate sensitivity, that that is triggered at any stage. There is not just a full investigation, but we're in when we're in the assessment or pre-assessment phase. It has to happen there too. 4:07:42 FBI Director Christopher Wray: The scale of this kind of criminality in the country, as reflected by the 18,000 investigations that we've had over the past five years and the 16,000 arrests that we with our partners have made over the last five years, I think goes to your question about resources. And I can assure you that if the Congress were to see fit to give us more resources for those programs, they would immediately be able to be put to good use. 4:12:15 Senator Richard Blumenthal (D-CN): Jay Abbott lied to you. Why do you in the course of your investigation of his Miss Congo 18 United States Code 1001. People get prosecuted for making false statements when they applied to a bank, federally insured bank for a mortgage. And here is a federal agent, the former Special Agent in Charge of the Indianeapolis office making a material false statement to you. In your investigation, you refer that for criminal prosecution, did you not? Inspector General Michael Horowitz: That's correct. 4:42:30 Senator Jon Ossoff (D-GA): Could you please elaborate on the nature of the discussions between Mr. Abbott and Mr. Penny, regarding potential employment for Mr. Abbott at institutions associated with USA Gymnastics or the US Olympic Committee? Inspector General Michael Horowitz: I can. They began, as I mentioned in a discussion that they had when they met at a bar in 2015, where Mr. Penny and Mr. Abbott discussed a future job opening, Head of Security at the US Olympic Committee, that Mr. Penny expected to occur. That initial discussion led to Mr. Abbott's interest in the position. And then there are ongoing discussions between the two of them, as we outlined in the report, in emails that we've seen, where Mr. Abbott expresses his interest in the job. And equally troubling, acknowledges that it would be inappropriate for him and a conflict of interest for him to pursue the position because of the ongoing Nassar investigation. Yet, as we found in 2017, that is precisely what he did in applying for the job, which he was never ultimately interviewed for. Senator Jon Ossoff (D-GA): And who initiated the discussion about employment prospects? Was that an opportunity dangled by Mr. Penny? Or was it solicited by Mr. Abbott? Inspector General Michael Horowitz: That was an opportunity mentioned first by Mr. Penny, because of his understanding that there might be a future retirement or an upcoming retirement at the US Olympic Committee. Senator Jon Ossoff (D-GA): So just to be clear, Mr. Penny, the Chief Executive at USA Gymnastics, while there is an ongoing FBI inquiry into gross misconduct, criminal activity and sexual abuse by at least one USA Gymnastics employee, raises with the Special Agent in Charge at the field office that is steering this investigation, the prospect of potentially lucrative and prestigious employment at a parallel organization where Mr. Penny may have influence. Is that correct? Inspector General Michael Horowitz: That's correct. And at the same time, writing in emails for example, how he's looking for additional information about the Nassar investigation and events as they occur. 4:46:06 Inspector General Michael Horowitz: The challenge on Mr. Abbott, with regard to the criminal issue here, which is 18 USC 208, which is the federal criminal statute is a, I think I mentioned this earlier, challenging one and that's being generous with speaking about how it's written to determine whether there was a criminal violation. The challenge here was, and I'm focused on the law here as to how 208 is because Mr. Abbott was looking for a job at the US Olympic Committee, and Mr. Penny was employed by the US Gymnastics Federation Association, two different entities, that situation is not clearly covered by 208. No matter how clear it would be to a layperson the interactions between those two entities. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)
As stocks approach new highs, Scott Wapner and the Investment Committee discuss the softer than expected jobs report and if that could re-ignite the rally. While major averages move closer to new highs, the Committee share their latest moves, and Pete reveals some Unusual Activity in 2 big names. And later, Eamon Javers brings Deputy Attorney General Lisa Monaco on the show to discuss the Justice Department’s new focus on ransomware attacks that are plaguing companies in the U.S