Podcasts about doj sec

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Best podcasts about doj sec

Latest podcast episodes about doj sec

Elon Musk Pod
DOJ, SEC Investigate Tesla Over Secret Glass House Project

Elon Musk Pod

Play Episode Listen Later Aug 31, 2023 5:07


Today we're diving into a developing story that has caught the attention of many: an ongoing investigation into Tesla Inc.'s purchase of some rather unique construction materials. U.S. prosecutors are scrutinizing the project to see if the purchase and subsequent actions were an appropriate use of company funds. We're talking about subpoenas, secret projects, and some pretty interesting architectural choices.

The 11th Hour with Brian Williams
DOJ, SEC investigate Silicon Valley Bank meltdown

The 11th Hour with Brian Williams

Play Episode Listen Later Mar 15, 2023 43:57


The Justice Department and the Securities and Exchange Commission have both opened investigations into the collapse of Silicon Valley Bank. Meantime, ex-Trump lawyer Michael Cohen will be back in front of a Manhattan grand jury to continue testimony in the hush money case. Peter Baker, David Enrich, Renato Mariotti, Michael McFaul, Michael Steele, Amy McGrath, and Dr. Frank Franklin join.

EpochTV
NTD Business (March 14): DOJ, SEC Investigating SVB Financial Group: Report; Meta to Lay Off 10,000 More Workers

EpochTV

Play Episode Listen Later Mar 14, 2023 24:35


U.S. agencies are reportedly investigating the collapse of Silicon Valley Bank—including stock sales days before the bank failed. We take a deep dive on how the bank's fall is affecting the startup community. Meta plans another enormous round of layoffs. How many jobs did it cut this time? Inflation slowed down slightly last month after being above expectations the month before. Year-over-year CPI slowed to 6 percent. A New York lawmaker recently grilled Treasury Secretary Janet Yellen on inflation. NTD spoke with that lawmaker, who says the Biden administration isn't taking inflation seriously. The Justice Department sues pharmacy Rite Aid for its alleged link to the opioid epidemic. The Environmental Protection Agency proposes new regulations to make drinking water safer. ⭕️ Watch in-depth videos based on Truth & Tradition at Epoch TV

NTD Business
Meta to Lay Off 10K More Workers; DOJ, SEC Investigating SVB Financial Group: Report | NTD Business

NTD Business

Play Episode Listen Later Mar 14, 2023 24:35


NTD Business News: 3/14/20231. DOJ, SEC Investigating SVB Financial Group: Report2. Fed Reviewing Silicon Valley Bank Collapse3. Warren: Powell Should Recuse Self in SVB Case4. Rep. Gottheimer: We Need Strong Local Banks5. Citadel Buys Stake in Western Alliance Bank

workers investigating doj financial group svb financial group doj sec
Life with GDPR
Potpourri Edition

Life with GDPR

Play Episode Listen Later Dec 2, 2021 16:38


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

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4DMBOX
DOJ, SEC GOES AFTER NIKOLA | STOCK MARKET

4DMBOX

Play Episode Listen Later Nov 11, 2020 16:12


SHOCKING DOJ, SEC GOES AFTER NIKOLA Amazon’s Ring recalls 350,000 video doorbells for fire hazard Pizza Hut adds Beyond Meat sausage toppings to menus nationwide Spotify's Latest Acquisition Is All About Your Data Leave a Like if you enjoyed! Subscribe to be a Box and enable notifications! ► https://www.youtube.com/channel/UC0n7VW-Nfwb8tJkMePslIuA?sub_confirmation=1  Learn To Make Money Online: http://bit.ly/4StepsToMakeMoneyOnline Master Your Money: http://4dmbox.com Instagram: http://bit.ly/2vnbZOt @4dmbox Podcast Links: [Money and Business News] APPLE https://itunes.apple.com/us/podcast/4dmbox/id1373830164 SPOTIFY https://open.spotify.com/show/0R0htid4uuu1BjsmkH7xbv GOOGLE https://www.google.com/podcasts?feed=aHR0cHM6Ly9hbmNob3IuZm0vcy8zNjhlNmU0L3BvZGNhc3QvcnNz Directly Support The Podcast https://anchor.fm/4dmbox/support BITCOIN WALLET 19eDphRZPWSVwr24bw8om8bisk9uX6KwH8 LITECOIN WALLET LQfXXTXpX5sdTpGfTUL6CyyLSXrXaxZGCa ETH 0x518772e64228a3B8BF785Ef8CFc65Eed0356116E Make Money Tools: GET FREE BITCOIN WHEN YOU BUY OR SELL $100 OF CRYPTO ► https://www.coinbase.com/join/jr_e1dx Robinhood [Get up to a free $500 stock by joining] ► http://bit.ly/Freestocks4dmbox Acorns [Automate your investing by rounding up your loose change and putting them into index funds] ► http://bit.ly/Passiveinvesting Create A Sales Funnel [clickfunnels 14 day free trial] ► http://bit.ly/2Q9Vi1f Tags: finance, business, news, money news, stock market, business news, loans, debt, investing, making money, making money online, tech, personal finance, credit cards, debit cards, banks, money, 4dmbox, 4dmbox.com, amazon, pizza hut, spotify, podcasting, #nikola #stockmarket #news #4DMBOX --- Support this podcast: https://anchor.fm/4dmbox/support

This Week in FCPA
Episode 213 – the Second Edition edition

This Week in FCPA

Play Episode Listen Later Jul 10, 2020 35:30


The DOJ/SEC drop the 2nd edition to the FCPA Resource Guide at 5 PM on July 2. As Tom and Jay brave the surge in covid cases to stay safe they are back to look at top compliance articles and stories which caught their eye this week.  FCPA Resource Guide, 2nd edition released. Tom takes a deep dive in a 5-part blog post series on the FCPA Complinace and Ethics Blog. Part 1-The New Hallmark, Part 2-FCPA Corporate Enforcement Policy, Part 3- the Accounting Provisions, Part 4- Policy and Case Law Updates, Part 5-What does it all mean? Jonathan Marks on Borad and Fraud. Tom and Matt Kelly in Compliance into the Weeds. After its FCPA settlement, Novatris pays another $678MM for corruption inside the US. Mike Volkov in Corruption Crime and Compliance. A plan to restore trust in South Africa ABC enforcement. Larry Kirsch guest posts in GAB. A reassessment of due diligence in China? Jenny Liang opines in the FCPA Blog. Venezuela can’t get its gold out of England. Jon Rausch in Dipping Through Geometries. Amazon settles OFAC sanctions enforcement action. Mengqui Sun in the WSJ Risk and Compliance Journal. How can you make a risk management committee effective? Jim DeLoach shows the way in CCI. Is Deutsche Bank the world’s most corrupt? Matt Kelly digs in on Radical Compliance. Going from disaster recovery to business continuity? Carrie Penman in Ethics and Compliance Matters. On Compliance and Coronavirus, I was joined this week by Paul Mueller on how to reset, restart and accelerate your business in the era of Coronavirus; Ian Denis on employment and communication during Covid-19 and Breeda Miller on caregiving in the era of Covid-19. On the Compliance Podcast Network, Tom started the topic of 3rd party risk management this month.This week saw the following offerings: Monday-Questionniare; Tuesday-Due Diligence,Wednesday-levels of DD; Thursday-evaluating DD and clearing red flags; and Friday-compliance terms and conditions. The month of July is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. Great Upcoming Webinars: Navigating the Risks of Prescribing Opioids for Chronic Pain in the COVID-19 Era, Jul 22, 2020 12:00 PM in Eastern Time (US and Canada); with Jesse Caplan, Deb Waugh and Amy Fogelman, M.D. Registration and Inforamtion here. Computer Say ‘No’: Mitigating Legal & Ethical Risks in Public Agency Use of Automated Decision-Making Tools, Jul 28, 2020 12:00 PM in Eastern Time (US and Canada); with David Shonka, Mikhail Reider-Gordon and Jonathan Redgrave. Registration and Information here. ECI's Best Practice Forum, a Q&A Session with Brian Rabbitt, Acting Assistant Attorney General for the Criminal Division on the FCPA Resource Guide, 2nd edition, Thursday, July 30 2:00 - 4:00 p.m. EDT. Registration and Information here. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Eversheds Sutherland – Legal Insights (audio)
Regulatory actions, government investigations and litigation in a post-coronavirus world: Part I - DOJ, SEC and FINRA investigations

Eversheds Sutherland – Legal Insights (audio)

Play Episode Listen Later Mar 29, 2020


Join us for the first webcast in a three-part series related to COVID-19 and its impact on the financial services industry. In this webcast, Eversheds Sutherland Partners Olga Greenberg and Sarah Paul will discuss DOJ, SEC and FINRA investigations involving issues such as: investment scams fake charities price fixing/bid-rigging cybercrime Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) insider trading failures to implement business continuity plans fraud targeting senior investors This is the first in a three-part webcast series about regulatory and government investigations in a post-coronavirus world. The next two will explore SEC and FINRA priorities and customer-initiated litigation. Part II – Monday, April 6, 2020 at 12:00 – 1:00 p.m. ET (Speakers: Eversheds Sutherland attorneys Cliff Kirsch, Brian Rubin and Issa Hanna) Part III – Monday, April 13, 2020 at 12:00 – 1:00 p.m. ET (Speakers: Eversheds Sutherland Partners Bruce Bettigole and Larry Polk)

FCPA Compliance Report
FCPA Compliance Report-Episode 432, Mark Lanpher on DOJ Change in M&A Enforcement under the FCPA

FCPA Compliance Report

Play Episode Listen Later Jun 9, 2019 18:36


In this episode I visit with Mark Lanpher, a partner at Shearman & Sterling LLP, practicing in the firm’s White Collar and Regulatory Enforcement group. Lanpher is a former Assistant Chief Litigation Counsel at the SEC. We take a deep dive into the July 2018 change in FCPA Enforcement Policy, announced by the Justice Department creating a safe harbor in mergers and acquisition enforcement actions brought under the FCPA. Some of the highlights from the podcast include:  1.    How did Matthew Miner’s announcement impact the FCPA Corporate Enforcement Policy re: M&A?2.    What were the policy reasons behind the announcement? 3.    Was Miner’s announcement a codification of DOJ/SEC safe harbor policy first articulated in the 2012 FCPA Guidance?4.    How did (or not) Miner’s announcement bring certainty to this area?5.    What does it mean going forward? Learn more about your ad choices. Visit megaphone.fm/adchoices

sec miners justice department enforcement white collar fcpa shearman fcpa compliance doj sec fcpa corporate enforcement policy
This Week in FCPA
This Week in FCPA-Episode 154 - the Take It Back edition

This Week in FCPA

Play Episode Listen Later May 17, 2019 30:03


This week's highlights include: 1.    Uber stumbles at going IPO. What role did its culture, lack of compliance and ethics play? 2.    Belying those who advocate a paper program compliance defense, DOJ/SEC require compliance programs which actually works. 3.    What is up with Ephemeral Messaging for Businesses? Avi Gessner, Daniel Foerster and Mengyi Xu consider. 4.    What criteria should be used to make reparations to victims of corruption? Sam Hickey explores. 5.    Hong Kong criminally indicts ex-JP Morgan banker in Princeling case. Harry Cassin reports.6.     FCPA Unit head Dan Kahn discusses evolution in FCPA enforcement. Clara Hudson reports. 7.How should you repay victims of corruption? Sam Hickey. 8.    Federal judge lambastes SEC for filing on VW nearly 4 years after emissions-testing scandal erupted. David Shepardson reports.10.  What is the fraud risk for non-profits? 11.  Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. As a listener, you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

uber hong kong federal sec ipo monitor jp morgan vw take it back fcpa tom fox jay rosen jonathan marks compliance week compliance evangelist affiliated monitors dan kahn hui chen david shepardson doj sec
FCPA Compliance Report
This Week in FCPA-Episode 154 - the Take It Back edition

FCPA Compliance Report

Play Episode Listen Later May 17, 2019 30:03


This week's highlights include: 1.    Uber stumbles at going IPO. What role did its culture, lack of compliance and ethics play? 2.    Belying those who advocate a paper program compliance defense, DOJ/SEC require compliance programs which actually works. 3.    What is up with Ephemeral Messaging for Businesses? Avi Gessner, Daniel Foerster and Mengyi Xu consider. 4.    What criteria should be used to make reparations to victims of corruption? Sam Hickey explores. 5.    Hong Kong criminally indicts ex-JP Morgan banker in Princeling case. Harry Cassin reports.6.     FCPA Unit head Dan Kahn discusses evolution in FCPA enforcement. Clara Hudson reports. 7.How should you repay victims of corruption? Sam Hickey. 8.    Federal judge lambastes SEC for filing on VW nearly 4 years after emissions-testing scandal erupted. David Shepardson reports.10.  What is the fraud risk for non-profits? 11.  Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. As a listener, you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

uber hong kong federal sec ipo monitor jp morgan vw take it back fcpa tom fox jay rosen jonathan marks compliance week compliance evangelist affiliated monitors dan kahn hui chen david shepardson doj sec
FCPA Compliance Report
Top Five Corporate Scandals of 2018: Episode II-1MDB and Goldman Sachs

FCPA Compliance Report

Play Episode Listen Later Jan 7, 2019 13:02


In this five-part podcast series, I visit with Amii Barnard-Bahn to consider five of the top corporate scandals from 2018. The five we discuss are CBS, 1MDB/Goldman Sachs, Facebook, Tesla and Nissan. We explore the failures at the Board of Directors and at senior management and these companies need to do to not only solve the legal imbroglios they now find themselves in but to also regain the trust of their various stakeholder. In this second episode we consider the ongoing scandal at the Malaysian sovereign wealth fund 1MDB and the fallout for Goldman Sachs.  Some of the highlights include: ·     Why is this matter on our Top 5 list?·     Will this scandal be the largest geo-political scandal going forward into 2019?·     What is the legal liability of the 1MDB Board of Directors?·     How high up at Goldman did this scandal go?·     How could there have been such a blatant override of internal controls at Goldman Sachs?·     How pervasive was the ‘win at all costs’ culture at Goldman Sachs?·     What will be the DOJ/SEC penalty on Goldman Sachs? Amii Bernard-Bahn is an experienced executive who has worked at Fortune 20 companies and nonprofits such as McKesson, Allianz and the California Dental Association, leading multiple functions, including Human Resources, Compliance, Legal, IT, and Communications. Now as an executive coach and strategic advisor Amii helps boards and leaders design exceptional work environments that enable organizations to outbehave and outperform the competition.  Amii is a leadership columnist at Compliance Week and a favorite guest on the Compliance Podcast Network, covering CEO, board and governance best practices. She is a Fellow at the Institute of Coaching at McLean Hospital - Harvard Medical School. Current clients include First Republic Bank, The Gap, and Adobe. A lifelong diversity advocate, Amii recently testified in multiple legislative committees on the successful passage of CA SB826, the first law in the U.S. requiring corporate boards to include women.  She can be reached via email at amii@barnardbahn.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Across the Board
Top Five Corporate Scandals of 2018: Episode II-1MDB and Goldman Sachs

Across the Board

Play Episode Listen Later Jan 7, 2019 13:02


In this five-part podcast series, I visit with Amii Barnard-Bahn to consider five of the top corporate scandals from 2018. The five we discuss are CBS, 1MDB/Goldman Sachs, Facebook, Tesla and Nissan. We explore the failures at the Board of Directors and at senior management and these companies need to do to not only solve the legal imbroglios they now find themselves in but to also regain the trust of their various stakeholder. In this second episode we consider the ongoing scandal at the Malaysian sovereign wealth fund 1MDB and the fallout for Goldman Sachs.  Some of the highlights include: ·     Why is this matter on our Top 5 list?·     Will this scandal be the largest geo-political scandal going forward into 2019?·     What is the legal liability of the 1MDB Board of Directors?·     How high up at Goldman did this scandal go?·     How could there have been such a blatant override of internal controls at Goldman Sachs?·     How pervasive was the ‘win at all costs’ culture at Goldman Sachs?·     What will be the DOJ/SEC penalty on Goldman Sachs? Amii Bernard-Bahn is an experienced executive who has worked at Fortune 20 companies and nonprofits such as McKesson, Allianz and the California Dental Association, leading multiple functions, including Human Resources, Compliance, Legal, IT, and Communications. Now as an executive coach and strategic advisor Amii helps boards and leaders design exceptional work environments that enable organizations to outbehave and outperform the competition.  Amii is a leadership columnist at Compliance Week and a favorite guest on the Compliance Podcast Network, covering CEO, board and governance best practices. She is a Fellow at the Institute of Coaching at McLean Hospital - Harvard Medical School. Current clients include First Republic Bank, The Gap, and Adobe. A lifelong diversity advocate, Amii recently testified in multiple legislative committees on the successful passage of CA SB826, the first law in the U.S. requiring corporate boards to include women.  She can be reached via email at amii@barnardbahn.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

FCPA Compliance Report
This Week in FCPA-Episode 131

FCPA Compliance Report

Play Episode Listen Later Nov 30, 2018 29:14


As Tom and Jay prepare for the December holiday season, they consider the DOJ/SEC’s strong affirmation that aggressive FCPA enforcement is here to stay, changes to the Yates Memo/plea for increased cooperation and some of the week’s other top compliance and ethics stories. Learn more about your ad choices. Visit megaphone.fm/adchoices

fcpa doj sec yates memo
Pull Request
#47 ▶ Tyler Turns 30

Pull Request

Play Episode Listen Later Feb 4, 2018 82:30


Pull Request #47 - 4 Feb 2018 - Tyler Turns 30 ▶ AFTER DARK #3 ▶ We celebrate Tyler's birthday by having an explicit show with booze! We talk about NY prisoners getting tablets, Apple getting probed by the DOJ & SEC, and music technology! PLUS - Bits from the Puppy Bowl™! BUT, DEFINITELY - Theresa May Murders the Internet!~ + Eric Newman, Tyler Dinner, Chris Grabowski, Cory Casarez, & Olivia Ross

Apple Context Machine
DOJ/SEC Throttlegate, Facebook Google Doom, New Macs - ACM 447

Apple Context Machine

Play Episode Listen Later Jan 31, 2018 60:40


The DOJ and the SEC are investigating Apple’s Throttlegate controversy, and Bryan and Jeff think it won’t go well for Apple. They also talk about Facebook, Google, and social media, and recent comments from philanthropist and political activist George Soros predicting their demise. They close the show with the implications of rumors that say Apple has three Macs coming out this year with Apple coprocessors.

FCPA Compliance Report
Day 18 of One Month to Better 3rd Party Management

FCPA Compliance Report

Play Episode Listen Later Apr 26, 2017 12:26


The Foreign Corrupt Practices Act (FCPA) world is littered with cases involving freight forwarders, brokers and agents in the shipping and express delivery arena. Both the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have aggressively pursued third party business relationships where bribery and corruption have been found. This is particularly true where companies are required to deliver goods into a foreign country through the assistance of a freight forwarder or express delivery service. There are several major risk points. These include: Location, location, location; Customs and other governmental agencies; Aviation and postal regulators; Business promotion expenditures for governmental officials; Agents and sub-agents; and Government accounts are a major part of express shipper customers so must analyze this as well. How can a company respond to protect itself or at least reduce its potential FCPA risk with regarding to a logistics company, freight forwarder or express delivery company? Obviously having a thorough risk assessment program and due diligence program are critical. After determining risk, move to perform due diligence based upon this risk. However, there are some general questions that you should ask, both internally and to your prospective vendor. Relationship. What is your relationship with the third party? Is it purely arms-length? Is it sales agent making a solicitation? Is it a consortium, which may be a lower risk? Is it partnership of JV, if so what is your control? Is it subcontractor or supplier? All of these have different risk levels. Business Formation. What is the character of the third party? Is it a US based company, is it subject to a robust national compliance law? Is it private/public? Who else do they represent? Length of time in business? Who are the principals and are they governmental officials? Compensation. How do you compensate the third party? Is it bonus-based paid at the conclusion of a transaction? Will the representative have an expense account? If so how is it given to them, for instance will you pay on a lump sum v. verified expenditures? How will they be paid, local currency into a bank account, cash or check? What is the level of compensation? Are you over-compensating based upon the market; you are taking a chance that the third party could share it with others. Location. What is the geographic location and is it one of the usual suspects on the Transparency International Corruptions Perceptions Index (TI-CPI)? Industry. What is the industry or sector that you are engaged? This can be significant because certain industries/sectors such as infrastructure, medical industry, defense contractors are facing increased DOJ/SEC scrutiny. Process. What is the process by which the business opportunity arose? What is the bidding process? Who invited you? Is it an open bid? Did you respond to an RFP? Did you compromise you own standards to bid? Is there a mandated partner assigned by the foreign government? After you ask some of these questions, investigate your risks and evaluate them; you should incorporate these findings into a contract with appropriate FPCA compliance terms and conditions. This contract should announce to your to third party freight forwarder/express supplier of your expectations regarding their compliance program. Your contract should also allow for management of the compliance relationship. Your contract should require training and certification by verified provider or by your company. Your company’s Relationship Manager should ensure the third party’s compliance with your company’s anti-bribery compliance program. James Min, Vice President, Int'l Trade Law & Global Head of Trade Law Practice Group at DP-DHL Legal Department, developed a risk matrix for the freight forwarders/express delivery industry. In this Min analyzes risks by multiplying factors noted herein and thus scoring. This model shows that location should not be the sole criteria for risk. The factors in the Min Model are the performance of your company’s customers clearance brokers and how far that performance varies from the norm your company normally receives. In the below chart, +1.00 equals average clearance time. >1.0 equals faster than average and The Min Model Country TI CPI Customs Clearance Performance Variance from Average Performance Risk Score Risk Rank A 55 .93 1.21 61.9 1 B 20 .76 0.89 13.5 3 C 54 .29 1.00 15.6 2 D 88 .12 0.7. 7.39 4   The key in this approach is how often the Customs Broker/Express Delivery Service varies above the average for customs clearance times. If the percentage of customs clearance performance is so great that your vendors variance is above 100% most of the time, this could be a Red Flag that bribery or corruption is involved. This should lead to further investigation, due diligence, or asking of questions of your vendor. Almost every business transaction engaged in by a freight forwarder, express delivery service or customs broker, outside the US involves a foreign governmental official. Every time your company sends raw materials into, or brings them out of, a country there is an interaction with a foreign governmental official in the form of a Customs Official. Every customs transaction involves a payment to a foreign government and every transaction involves some form of a foreign governmental regulatory process. While the individual payment per transaction can be small, the amount of total transactions can be quite high, if a large volume of goods are being imported into a foreign country. Conversely interacting with international tax authorities can present problems similar to those with customs officials, but the stakes can often be much higher since tax transactions may be less in frequency but higher in financial risk. These types of risks include the valuation of raw materials for VAT purposes before such materials are incorporated into a final product, or the lack of segregation between goods to be sold on the foreign country’s domestic market as opposed to those which may be shipped through a free trade zone for sale outside that country’s domestic market. If you utilize the services of a third party for any of the transactions listed above, that company’s actions will go a long way in determining your company’s FCPA liability. You must have a thoughtful process and document that process. Three Key Takeaways Express delivery services and freight forwarders present unique compliance risks. There must be a business justification to bring on new express delivery services or freight forwarders in high risk jurisdictions. Consider the Min Model (or something similar) as your risk matrix in this area. This month’s podcast series is sponsored by Opus. Opus helps free your business from the complexity and uncertainty of managing the risks associated with your customers, vendors, and third parties. By combining the most innovative Third-Party Risk Management and Know Your Customer Compliance SaaS platforms with unparalleled data solutions, Opus turns information into action so your business can thrive. Opus solutions include Hiperos 3PM accelerator, the leading platform for third party risk management. To learn more, go to www.opus.com.       Learn more about your ad choices. Visit megaphone.fm/adchoices

FCPA Compliance Report
Everything Compliance-Episode 3

FCPA Compliance Report

Play Episode Listen Later Dec 8, 2016 65:00


We are back to our more rounded format for this episode on a variety of topics including anti-corruption enforcement across the globe, the new French anti-corruption law, Sapin II, the Agricultural Bank of China compliance enforcement action by the state of New York Department of Financial Services; how corruption influences as much as it pays money and individual accountability for corporate malfeasance is not a Democratic or GOP issue but a law enforcement issue. We end with a well-deserved one minute rant from the panel about what is in the front of their mind. Mike Volkov discusses the internationalization of anti-corruption enforcement. He refers to the comments from the ACI FCPA conference, by Kara Brockmeyer and Dan Kahn about the increasing international enforcement efforts against corruption. This extends far beyond cooperation but also to enforcement. Recent examples are VimpelCom and Embraer where other countries received proceeds from fines and penalties. How does a company begin to deal with this type of complexity? Who does it disclose to? Who does it pay? When will the US give credit for payments made to other countries and when does it not? Finally this year saw of the third joint DOJ/SEC week long training for foreign prosecutors put on in DC. How do such events assist enforcement efforts, particularly around cooperation and mutual assistance? For Tom Fox’s blog post, “Anti-Corruption Enforcement Has Gone International?” click here.  Matt Kelly leads a discussion dive into the AgBank enforcement/sanction action. He explains what does it all means and then pivots into a discussion of where he might see state regulators such as the state of New York Department of Financial Services or state banking regulators becoming more aggressive if the Trump administration pulls back? He discusses how these issues may have relevance for areas of compliance other than bribery and corruption and if so how. Finally, he ends with a reverse states’ rights discussion of Democratically aligned states fighting federal roll back of rights and privileges through litigation. For Kelly’s posts, see post on the enforcement action involving the Agriculture Bank of China, click here.  Jonathan Armstrong leads a discussion on the new French anti-corruption law, Sapin II. He discusses the genesis of the law and why prior French efforts at anti-corruption law and enforcement was so harshly criticized by the OECD. He articulates how Sapin II differs from the UKBA, FCPA, the Brazilian Clean Companies Act and other anti-corruption laws across the globe. He talks about where he envisions French enforcement efforts going and the whistleblower protections of the law. Finally he ends with the key piece(s) of advice for clients regarding this law Cordery is suggesting around this law. For Cordery’s piece on the new law click here. Jay Rosen takes us through a Paul Krugman NYT post on some of the invidiousness of corruption, focusing on the corrupting nature of compliance around undue influence. Rosen explains incentives more than anything else and how such incentives skew the marketplace. We consider whether Trump’s discussions with the Carrier Corp over jobs was unduly influenced recalling President Kennedy’s ‘jawboning’ of the US steel industry in the 1960s. He also discusses the remarks of Sally Yates at ACI national FCPA conference about individual accountability and how this is not a GOP or Democratic issue but a criminal enforcement issue. For a link Krugman post, click here. For a copy of the text of Yates remarks, click here. For a copy of Jay blog post entitled, “The DOJ and SEC Share Patriots Mantra—Next Prosecutor Up” click here. Rants this week include the new UK surveillance law, the SEC domestic corruption enforcement action involving United Airlines for the Chairman’s Flight and the Chicken Littles of the compliance world claiming the sky is falling. Learn more about your ad choices. Visit megaphone.fm/adchoices

Everything Compliance
Everything Compliance-Episode 3

Everything Compliance

Play Episode Listen Later Dec 8, 2016 65:00


We are back to our more rounded format for this episode on a variety of topics including anti-corruption enforcement across the globe, the new French anti-corruption law, Sapin II, the Agricultural Bank of China compliance enforcement action by the state of New York Department of Financial Services; how corruption influences as much as it pays money and individual accountability for corporate malfeasance is not a Democratic or GOP issue but a law enforcement issue. We end with a well-deserved one minute rant from the panel about what is in the front of their mind. Mike Volkov discusses the internationalization of anti-corruption enforcement. He refers to the comments from the ACI FCPA conference, by Kara Brockmeyer and Dan Kahn about the increasing international enforcement efforts against corruption. This extends far beyond cooperation but also to enforcement. Recent examples are VimpelCom and Embraer where other countries received proceeds from fines and penalties. How does a company begin to deal with this type of complexity? Who does it disclose to? Who does it pay? When will the US give credit for payments made to other countries and when does it not? Finally this year saw of the third joint DOJ/SEC week long training for foreign prosecutors put on in DC. How do such events assist enforcement efforts, particularly around cooperation and mutual assistance? For Tom Fox’s blog post, “Anti-Corruption Enforcement Has Gone International?” click here.   Jay Rosen takes us through a Paul Krugman NYT post on some of the invidiousness of corruption, focusing on the corrupting nature of compliance around undue influence. Rosen explains incentives more than anything else and how such incentives skew the marketplace. We consider whether Trump’s discussions with the Carrier Corp over jobs was unduly influenced recalling President Kennedy’s ‘jawboning’ of the US steel industry in the 1960s. He also discusses the remarks of Sally Yates at ACI national FCPA conference about individual accountability and how this is not a GOP or Democratic issue but a criminal enforcement issue. For a link Krugman post, click  here. For a copy of the text of Yates remarks, click  here. For a copy of Jay blog post entitled, “The DOJ and SEC Share Patriots Mantra—Next Prosecutor Up” click  here. Rants this week include the new UK surveillance law, the SEC domestic corruption enforcement action involving United Airlines for the Chairman’s Flight and the Chicken Littles of the compliance world claiming the sky is falling. Learn more about your ad choices. Visit megaphone.fm/adchoices