Podcasts about foreign corrupt practices act fcpa

In this episode, Dr. Rosinus is joined by legal expert Daniel Praetorius for an in-depth exploration of white-collar crime in Chile, viewed through a comparative lens with the German legal system. Mr. Praetorius opens with a clear and insightful overview of Chile's criminal court system and legal framework, which reflects both Spanish and German influences. A central focus of the discussion is Law No. 21.595, Chile's groundbreaking Economic Crimes Law, which came into effect in 2023. This law significantly expands the scope of economic offenses and introduces comprehensive penalties for both individuals and corporate entities. The conversation also delves into the international dimensions of compliance, particularly the enduring influence of the U.S. Foreign Corrupt Practices Act (FCPA) of 1977 on corporate governance in Chile. Further, Mr. Praetorius offers valuable insights into Chile's approach to corporate liability and sanctions, the role and discretion of prosecutors, the current landscape of whistleblower protection, and the scope and limits of legal privilege in Chilean law. Here you will find a translation of Chile´s Law No 21.595, Economic Crimes Law: https://cdn.lawreportgroup.com/acuris/files/Anti-Corruption-New/Chile%20-%20Ley%20Chile%20-%20Ley%2021595%20-%20Biblioteca%20del%20Congreso%20Nacional.pdf Here you will find Chile´s Criminal Code: https://www.bcn.cl/leychile/navegar?idNorma=1984 Here you will find information about the US-Foreign-Corrupt-Practices-Act: https://www.justice.gov/jm/jm-9-47000-foreign-corrupt-practices-act-1977 Here you will find the episode “Criminal law in Brazil”: https://criminal-compliance.podigee.io/147-cr Here you will find the episode “White-Collar Crime in India - Interview with Nikhil Varshney”: https://criminal-compliance.podigee.io/255-cr Dr Rosinus in dialogue with: Daniel Praetorius is a Chilean lawyer and Partner at Lembeye Abogados in Santiago. He is specialized in criminal law, compliance, and dispute resolution. His professional background includes positions at national and international law firms as well as several years at the Chilean National Prosecutor's Office, where he worked in the Economic Crime Unit. He also spent time as a foreign associate at Freshfields in Frankfurt. In addition to his litigation practice, he regularly advises on internal investigations and compliance systems. His legal education in both Chile and Germany enables him to navigate cross-border issues and compare legal frameworks from multiple perspectives. He can be reached at: dpraetorius@lembeye.cl and +56 9 7889 4608. https://www.rosinus-on-air.com https://rosinus-partner.com

What happens when the world's most influential anti-bribery law is abruptly paused? Is transparency merely a compliance box-tick—or the most powerful tool we have against global threats like kleptocracy, sanctions evasion, and illicit finance? In this eye-opening episode of Corruption, Crime, and Compliance, Michael Volkov is joined by two powerhouse experts in the global fight against corruption: Scott Greytak and Josh Birenbaum (*see ‘'About Guests below). Together, they break down the sweeping implications of the U.S. government's pause on Foreign Corrupt Practices Act (FCPA)enforcement, the gutting of the Corporate Transparency Act (CTA), and what all of this means for business leaders, policymakers, and the international community.When the United States hit pause on FCPA enforcement, the global anti-corruption landscape shifted. Scott and Josh explore how companies are reacting, how allies are stepping up enforcement, and why transparency is emerging as a national security imperative. They offer a forward-looking conversation filled with insights for compliance professionals, risk officers, and anyone committed to ethical business in a volatile world.You'll hear them discuss:Why the U.S. government's pause on FCPA enforcement shocked the global anti-corruption community—and why companies should still stay the course with compliance regardless of political signals.How the Corporate Transparency Act, once seen as the most significant U.S. anti-money laundering law in a generation, has been quietly gutted—leaving a dangerous gap in the fight against shell companies and financial crime.What it means that U.S. companies are now incentivized to form anonymously domestically to avoid ownership disclosure—inviting kleptocrats, traffickers, and foreign adversaries to hide in plain sight.Why global businesses must prepare for a sharp rise in trade compliance enforcement, as tariffs, export controls, and sanctions take center stage in economic security—and why transparency is essential to managing these risks.How foreign enforcers, especially in Europe, are beginning to step up—but why no alliance or coalition can truly fill the vacuum left by a retreating United States.What makes transparency not just a compliance tool, but a weapon against geopolitical threats—from Xinjiang's forced labor camps to Russian shadow fleets and fentanyl trafficking.How transparency can be hardwired into foreign aid policy to protect U.S. taxpayer money, prevent narco-state development, and give American businesses a fair shot abroad.Why there's still hope—from new bipartisan support for anti-corruption measures to the emergence of a national security lens on transparency across Congress, federal agencies, and the private sector.About GuestsScott Greytak is an anticorruption attorney and the Director of Advocacy for TI US. His work focuses on designing anticorruption laws and policies, organizing and leading ideologically inclusive coalitions, and lobbying the U.S. Congress and administration. Greytak was named a Top Lobbyist in 2021, 2023, and 2024 by the National Institute for Lobbying & Ethics. Josh Birenbaum is the deputy director of FDD's Center on Economic and Financial Power, focusing on illicit finance risks and global corruption. Previously, Josh was the research and policy analyst at TRACE International, producing articles, book chapters, op-eds, model policies, industry reports, and speeches on sanctions, export controls, corruption, conflict minerals, money laundering, human rights, illicit finance, and other topics. ResourcesScott Greytak on LinkedIn | Email - sgreytak@us.transparency.orgJosh Birenbaum on LinkedIn | Email - jbirenbaum@fdd.orgMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

When The United States has hit pause on Foreign Corrupt Practices Act (FCPA) enforcement—it left many asking whether Europe will now be stepping up to lead the global anti-corruption charge. In this episode of Corruption, Crime and Compliance, Michael Volkov explores how European prosecutors are responding to the enforcement gap, why multinational companies can't afford to slow down their compliance efforts, and how both state-level and international initiatives are reshaping the future of anti-bribery law.You'll hear him talk about:The launch of a new International Anti-Corruption Prosecutorial Task Force formed by the UK, France, and Switzerland, designed to intensify cross-border enforcement and cooperation in bribery and corruption cases.The task force's formation as a direct response to the U.S. enforcement pause, signaling that European agencies are prepared to take a more prominent role in prosecuting international corruption, especially involving multinational corporations.California's bold move to pursue foreign bribery under its Unfair Competition Law (UCL), reinforcing that FCPA violations remain prosecutable at the state level despite federal hesitation.A continued commitment by global companies to maintain strong compliance programs, reflecting awareness that international and local enforcement can still pose serious legal and financial risks.The unexpected dismissal of the long-running FCPA case against Cognizant executives, contrasted with the DOJ's decision to move forward with prosecutions in other high-profile cases, suggesting a selective enforcement pattern under current policy shifts.A landmark case by the UK Serious Fraud Office (SFO), charging a company with failure to prevent bribery—a first for the SFO to bring such a case before a jury, potentially setting a new standard for corporate liability in the UK.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

How prepared is your organization to handle the evolving landscape of sanctions compliance? In this episode of Corruption, Crime and Compliance, Michael Volkov dives into critical sanctions compliance cases and their implications for global companies. He discusses four significant cases that underscore the necessity of robust compliance programs, particularly in light of increased DOJ enforcement actions. Through these examples, he breaks down the consequences of third-party liability, supply chain risks, and the dangers of inadequate compliance measures, offering valuable insights into how companies can proactively avoid similar pitfalls.Cases discussed:British American Tobacco (BAT): The company faced a staggering $629 million settlement for circumventing North Korean trade sanctions. This case illustrates how corporate prosecutions are evolving to resemble Foreign Corrupt Practices Act (FCPA) cases, emphasizing the growing scrutiny on multinational corporations.Epsilon Electronics: This case clarifies the liabilities companies face when third-party distributors divert products to prohibited countries, such as Iran. Even if the company had no direct involvement in the diversion, it still bears responsibility, underscoring the importance of diligent monitoring of distribution channels.ELF Cosmetics: The company received a $1 million fine for importing goods containing materials sourced from North Korea. This case underscores the critical importance of conducting thorough supply chain due diligence to ensure compliance with international sanctions.Murad LLC: This case focuses on post-acquisition compliance failures, demonstrating the urgent need for thorough pre- and post-acquisition audits. These audits are essential to uncover potential sanctions violations and ensure that newly acquired companies adhere to compliance standards.Resources:Michael Volkov on LinkedIn | TwitterThe Volkov Law GroupLinks to the four cases: British American Tobacco | Epsilon Electronics I Elf Cosmetics | Murad LLCA Framework for OFAC Compliance Commitments (May 2019)

Episode #67 with Nigel Morris-Cotterill, Oonagh van den Berg and Malcolm NanceIn this episode of Regulatory Ramblings, the panel tackles the Trump administration's controversial move to suspend enforcement of the Corporate Transparency Act (CTA)—a key anti-money laundering (AML) initiative passed under the Biden administration. The decision, announced by the U.S. Treasury Department in early March, stated that it would halt all penalties and fines associated with beneficial ownership information reporting under current regulatory deadlines. Crucially, it also confirmed that no penalties would apply even after forthcoming rule changes take effect—effectively dismantling the mechanism meant to expose the real owners of shell companies.The net result: the U.S. government will no longer require shell companies to disclose their beneficial owners, allowing wealthy individuals and corporations to hide their profits from public scrutiny. The CTA, passed in 2021, had required companies to submit ownership data to FinCEN (Financial Crimes Enforcement Network) as a means to tackle tax evasion and corporate cronyism. The rule's enforcement had already been frozen by a federal court order. Reacting to the Treasury's announcement, President Donald Trump took to Truth Social, calling the CTA “an absolute disaster for Small Businesses Nationwide” and celebrating the suspension of what he described as “the economic menace” of beneficial ownership reporting.This episode's Spotlight segment features returning guest Nigel Morris-Cotterill, a renowned expert in counter-money laundering and financial crime compliance. He breaks down why the term “beneficial ownership” is a legal misnomer in corporate law and argues that the CTA was always set up to fail—especially in a country like the U.S. that has historically resisted full FATF compliance. Nigel discusses how this rollback affects compliance expectations in Asia-Pacific financial hubs like Hong Kong and Singapore, stressing that legal and compliance professionals in the region must remain vigilant. He also cautions that the rollback creates tension between U.S. and local AML standards, while selective extraterritorial enforcement by the U.S. is all but guaranteed.Joining the discussion, Malcolm Nance and Oonagh Van den Berg weigh in on the global implications of the move. They explore whether this rollback represents a temporary pause for regulatory review or a tectonic shift in the U.S.'s approach to corporate accountability, transparency, and AML enforcement. Oonagh underscores that while the CTA imposed real burdens on SMEs, the abandonment of enforcement could signal a broader retreat from anti-corruption efforts—especially as the Trump administration also moves to suspend the Foreign Corrupt Practices Act (FCPA) and disband units focused on fighting kleptocracy.Together, the panel explores pressing questions: Will deregulation lead to more illicit finance? Is this the start of a new multipolar world order where financial crime enforcement becomes political and transactional? They touch on how trade-based money laundering, sanctions evasion, and the exploitation of legacy systems like hawala continue to pose massive risks to financial systems.The conversation ends with a consensus that blanket deregulation is not the answer. Instead, they call for smarter, more risk-based, tech-enabled regulation that moves beyond box-ticking and uses modern tools—like AI and data analytics—to target the real threats. It's a sobering yet thought-provoking discussion on what may be the beginning of a global recalibration in financial crime compliance.HKU FinTech is the leading fintech research and education in Asia. Learn more at www.hkufintech.com.

Bribery and corruption remain major risks for businesses worldwide, with enforcement agencies ramping up scrutiny and penalties for non-compliance. Without strong anti-bribery policies, companies face financial, legal, and reputational fallout. One of the most effective (yet often overlooked) ways to mitigate bribery risks? A robust gifts and hospitality reporting framework. In this episode, we'll explore how businesses can enhance transparency and accountability to protect themselves from bribery risks. From real-world case studies of bribery scandals to practical compliance strategies, our experts break down the essentials of an effective anti-bribery programme. Key topics include: Bribery legislation 101: Understanding the UK Bribery Act, the Foreign Corrupt Practices Act (FCPA), and global enforcement trends. Identifying bribery risks: The industries, transactions, and scenarios where businesses are most vulnerable. The power of transparency: Why a well-structured gifts and hospitality policy can help prevent bribery before it starts. Lessons from major bribery cases: What businesses can learn from high-profile enforcement actions. Building a strong anti-bribery framework: Essential steps for compliance, from risk assessments to employee training. Bribery can be hard to prove—but that's exactly why prevention is key. Tune in for expert insights on safeguarding your business and ensuring compliance in an increasingly regulated world!

Episode #65 with Tom Fox & Malcolm Nance, plus Philip Rohlik This episode is devoted to discussing the recent executive order signed by US President Donald J. Trump instructing the Department of Justice to halt enforcement of the decades old, much-dreaded Foreign Corrupt Practices Act (FCPA) pending a one-year review. In our initial “Regulatory Ramblings Spotlight” segment, we speak with Philip Rohlik, an American attorney in mainland China with the law firm Debevoise & Plimpton to get a sense of what the president's decision means for Hong Kong and the broader Asia-Pacific. Following that, we have a lengthier chat on the global implications of President's Trump's move with Tom Fox, a veteran compliance and anti-corruption lawyer, noted FCPA specialist and podcaster, as well as Malcolm Nance, a former US naval intelligence officer, counterterrorism specialist and author. About the guests. Philip Rohlik is a counsel in the Shanghai office of Debevoise & Plimpton LLP. He is a member of the firm's White Collar & Regulatory Defense and International Dispute Resolution Groups whose practice focuses on international investigations, securities law and dispute resolution. He is recognized by “The Legal 500 Asia Pacific – Greater China” (2024-2025) for his anti-corruption and compliance practice and has been described as “very thorough and hands on," and "excellent investigation lawyer". Based in Asia since 2011, Philip leads the firm's dispute resolution team in Shanghai. He joined Debevoise in 2000, having received his J.D. magna cum laude from the New York University School of Law that same year. He received a B.A. summa cum laude with honors from St. Louis University in 1997. Tom Fox is based in West Texas and a prominent member of the compliance community and one of the most well-known legal practitioners when it comes to the FCPA. Over the past 15 years, he has been a general counsel and chief compliance officer. He is now an independent consultant, assisting companies with anti-corruption, anti-bribery compliance, and international transaction issues. He is also the author of the award-winning FCPA Compliance and Ethics Blog and the international best-selling book “Lessons Learned on Compliance and Ethics.” His podcasts have won numerous w3, Davey, Communicator, and Webby awards for podcasting excellence. Tom is the author of the seminal text “The Compliance Handbook,” now in its 5th edition published by LexisNexis. In addition to his blog and podcast, he is a columnist for “Corporate Compliance Insights” and a contributing editor to the “FCPA Blog.” He is a well-known and frequent speaker on compliance and ethics issues, social media use, and corporate leadership. In the interests of full disclosure, Tom is founder of the Compliance Podcast Network which also carries this program. Malcolm Nance is based in upstate New York. He was a 20-year veteran of the US Navy where he was an intelligence officer and cryptographer, and a Russian and Arab language specialist. In his capacity as a master chief, he was responsible for discipline all throughout the ranks. He is best known for his appearances on MSNBC where he warned about Russian interference in the run up to the 2016 and 2020 US Presidential elections. Malcolm is also a best-selling author – with his books “The Plot to Hack America,” “The Plot to Destroy Democracy,” “The Plot to Betray America” and most recently “They Want to Kill Americans” – all of which are well worth reading. Given the radical actions of the second Trump administration, his two most recent books seem eerily prescient. HKU FinTech is the leading fintech research and education in Asia. Learn more at www.hkufintech.com.

In this episode of Whistleblower of the Week, host Jane Turner speaks with Stephen M. Kohn, co-Founder and Board Chairman of National Whistleblower Center and leading whistleblower attorney. On February 10th, President Trump halted enforcement of the Foreign Corrupt Practices Act (“FCPA”) in an Executive Order, arguing the move would aid American business abroad. Listen to Kohn and Turner discuss how this decision will impact American business and whistleblowers reporting bribery, corruption, and collusion. On March 13th, Kohn published an article, “Crippling the FCPA is Bad Business for the U.S” in the NYU Compliance and Enforcement Blog. He highlights his recent research which illustrates how FCPA enforcement primarily targets foreign companies, with monetary sanctions against foreign companies far outpacing sanctions against U.S-based companies. National Whistleblower Center has launched a campaign to call for the resuming of FCPA enforcements. Take action today by contacting your Representatives and Senators.  Listen to the podcast on WNN or on Spotify, Apple Podcasts, Google Podcasts, or Amazon. Subscribe on your favorite platform!

This episode features a discussion between regular KB host Liz David-Barrett, and Kevin E. Davis, the Beller Family Professor of Business Law at NYU School of Law. Their conversation centres on the international regulation of bribery and corruption, specifically focusing on the U.S. Foreign Corrupt Practices Act (FCPA), following President Trump's recent suspension of its enforcement. The episode explores the potential implications for U.S. companies, foreign entities, and international anti-corruption efforts. Read Kevin's recent blog post on this issue here: https://wp.nyu.edu/compliance_enforcement/2025/02/21/implications-of-pausing-fcpa-enforcement/ And his paper on international regulation here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4506000

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR Partner Mike DeBernardis to discuss the recent executive order by the Trump administration to pause the enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days. They take a deep dive into the potential implications for compliance programs, the continuing relevance of the FCPA, and the broader legal and business effects of this temporary halt. The conversation also explores how companies might navigate this hiatus, consider the long-term implications, and maintain robust compliance standards despite the pause in enforcement. Highlights include Mike's insights on the intersection of compliance and business efficiency and the potential for non-US authorities to fill any enforcement void created by the U.S. Department of Justice's pause. Key highlights: Executive Order on FCPA Enforcement Implications for FCPA Compliance SEC and Business Implications Compliance Programs and Business Practices Future of FCPA Guidance Opportunities for Compliance Officers Resources: Hughes Hubbard & Reed website

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 explore a subject more fully. Are you looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this Compliance into the Weeds episode, Tom Fox and Matt Kelly review the Trump Administration's attempts to end enforcement by the CFPB and corruption under the FCPA. Last week, significant alterations were made to enforcement policies related to the Foreign Corrupt Practices Act (FCPA) and the Consumer Financial Protection Bureau (CFPB), resulting in a noticeable reduction in enforcement efforts and a shift in focus towards issues like corporate bribery associated with drug cartels and human trafficking. These actions will create risks for U.S. businessmen in countries like China, who might face false charges due to the de-emphasis on traditional FCPA enforcement, and these policy shifts might expose U.S. companies to anti-corruption investigations leveraged by other countries in retaliation to Trump's trade policies. Matt Kelly emphasizes the need for businesses to maintain robust compliance programs despite the enforcement rollback, warning that legal risks remain due to the statute of limitations, and stresses the importance of upholding corporate compliance and ethical standards to prevent corruption. Through their extensive experiences in compliance and corporate governance, both Tom and Matt highlight the complexities and potential repercussions of these enforcement changes on global business operations. Key highlights: Introduction: Unpacking the Current Situation Emphasis on Corporate Bribery in Enforcement Changes Upholding Compliance Duties Amid Enforcement Changes FCPA and CFPB Statute of Limitations Global Business Impact of Trump's Trade Policies Resources: Matt in Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

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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What went wrong when McKinsey paid bribes to secure consulting contracts with South Africa's state-owned enterprises? In this episode, Michael Volkov dives into the December 2024 DOJ settlement with McKinsey & Company, which paid $122 million after being found guilty of paying bribes to officials at Transnet and Eskom to secure valuable consulting contracts. The case involved significant violations of the Foreign Corrupt Practices Act (FCPA) and highlights the risks companies face when failing to implement effective compliance programs.You'll hear him discuss:The details of McKinsey's settlement with the DOJ for $122 million, including the 35% discount and the cooperation credits granted by the government.The role of Vikas Sagar, McKinsey's former senior partner, and his guilty plea in 2022 for orchestrating bribery payments.How McKinsey Africa used sensitive, non-public information obtained through bribes to secure multi-million dollar contracts with Transnet and Eskom.The ongoing issue of engaging third-party intermediaries and the importance of conducting thorough due diligence before entering into business relationships.The lessons learned from McKinsey's lack of proper oversight and controls that allowed a small group of corrupt executives to facilitate bribery schemes.The broader impact of local content requirements in international business and the associated risks of partnering with unqualified entities that have ties to corrupt government officials.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm's Investigations + White Collar Defense Group, hosted the seventh episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Kate and Nate spoke with Chen Zhu, a partner in Morrison Foerster's Investigations + White Collar Defense and FCPA + Global Anti-Corruption Groups, and James Koukios, co-head of Morrison Foerster's FCPA + Global Anti-Corruption Group and former senior deputy chief of the Fraud Section at the U.S. Department of Justice (DOJ). Together, they discussed anti-corruption and Foreign Corrupt Practices Act (FCPA) considerations and enforcement concerns for life sciences companies, especially those operating in both the U.S. and China.

What happens when a major defense contractor faces scrutiny for ethics and compliance violations? In this episode of Corruption, Crime, and Compliance, Michael Volkov dives into the high-stakes world of corporate accountability, exploring Raytheon's recent $428 million settlement with the U.S. Department of Justice. From fraudulent pricing to bribery and compliance lapses, we uncover the impact of these violations and the tough questions they raise about corporate governance, oversight, and ethical responsibility in high-stakes industries.Hear Michael talk about:Raytheon Company (Raytheon) -- a subsidiary of defense contractor, RTX (formerly known as Raytheon Technologies Corporation) — agreed to pay over $950 million to resolve the Justice Department's investigations into three areas of violation. The settlement addresses three main issues:A major government fraud scheme involving defective pricing on certain government contractsViolations of the Foreign Corrupt Practices Act (FCPA) the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR)As part of the settlement, Raytheon entered into a three-year deferred prosecution agreement (DPA) and agreed to the filing of criminal information in the District of Massachusetts charging Raytheon with two counts of major fraud against the United States. Raytheon admitted to engaging in two separate schemes to defraud the Department of Defense (DOD) relating to the provision of defense articles and services, including PATRIOT missile systems and a radar system. Separately, Raytheon entered into a three-year DPA in connection with a criminal information in the Eastern District of New York charging Raytheon with two counts: conspiracy to violate the anti-bribery provision of the FCPA for a scheme to bribe a government official in Qatar and conspiracy to violate the AECA for willfully failing to disclose the bribes in export licensing applications with the Department of State as required by part 130 of ITAR.The Justice Department's FCPA and ITAR resolution is coordinated with the Securities and Exchange Commission (SEC). Both DPAs require that Raytheon retain an independent compliance monitor for three years, enhance its internal compliance program, report evidence of additional misconduct to the Justice Department, and cooperate in any ongoing or future criminal investigations. Raytheon also reached a separate False Claims Act settlement with the Justice Department relating to the defective pricing schemes.ResourcesMichael Volkov on LinkedIn | X (Twitter)The Volkov Law Group

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast All Things Investigation. In this podcast, host Tom Fox is joined Mike Huneke as we explore the recently released 2024 ECCP. In this discussion, Tom and the speaker examine the extent to which the government issues detailed guidance, advice, and settlement documents in areas of law like the Foreign Corrupt Practices Act (FCPA). The conversation reflects on historical perspectives, including a statement by an SEC commissioner from the 1980s who compared issuing guidance on the FCPA to advising on committing murders. The dialogue also touches on lessons from the Enron collapse and the dissolution of Arthur Andersen, noting the government's cautious approach to putting corporations, employees, and shareholders at risk. The speaker argues that while this guidance can be seen as helping companies avoid misconduct, ignoring or rejecting it can lead to significant legal trouble. Key Highlights ·      Introduction to ECCP ·      Government's Approach to Corporate Risk ·      Mike's Top 5 Takeaways ·      What does it all mean?  Resources: Hughes Hubbard & Reed website  Mike Huneke

How prepared is your organization to handle the evolving landscape of sanctions compliance? In this episode of Corruption, Crime and Compliance, Michael Volkov dives into critical sanctions compliance cases and their implications for global companies. He discusses four significant cases that underscore the necessity of robust compliance programs, particularly in light of increased DOJ enforcement actions. Through these examples, he breaks down the consequences of third-party liability, supply chain risks, and the dangers of inadequate compliance measures, offering valuable insights into how companies can proactively avoid similar pitfalls.Cases discussed:British American Tobacco (BAT): The company faced a staggering $629 million settlement for circumventing North Korean trade sanctions. This case illustrates how corporate prosecutions are evolving to resemble Foreign Corrupt Practices Act (FCPA) cases, emphasizing the growing scrutiny on multinational corporations.Epsilon Electronics: This case clarifies the liabilities companies face when third-party distributors divert products to prohibited countries, such as Iran. Even if the company had no direct involvement in the diversion, it still bears responsibility, underscoring the importance of diligent monitoring of distribution channels.ELF Cosmetics: The company received a $1 million fine for importing goods containing materials sourced from North Korea. This case underscores the critical importance of conducting thorough supply chain due diligence to ensure compliance with international sanctions.Murad LLC: This case focuses on post-acquisition compliance failures, demonstrating the urgent need for thorough pre- and post-acquisition audits. These audits are essential to uncover potential sanctions violations and ensure that newly acquired companies adhere to compliance standards.Resources:Michael Volkov on LinkedIn | TwitterThe Volkov Law GroupLinks to the four cases: British American Tobacco I Epsilon Electronics I Elf Cosmetics I Murad LLCA Framework for OFAC Compliance Commitments (May 2019)

The United Nations and World Economic Forum calculates that the cost of corporate corruption globally is $5 trillion a year, or 5% of the world's 2022 GDP. Corruption can hamper economic growth by discouraging investment, increasing transaction costs, and distorting market competition. It can perpetuate poverty by diverting resources away from essential services and benefiting the wealthy and powerful. It can undermine democratic institutions and erode public trust in governments. It can hinder sustainable development by diverting resources away from essential infrastructure and social services.The Foreign Corrupt Practices Act, or the FCPA – the government's leading weapon in this global war on corporate crime – has far-reaching implications for companies engaged in international business. For those who violate it the consequences can be severe. And with the recent addition of the Foreign Extortion Prevention Act (FEPA), the federal government has even more to work with. I had the pleasure of learning more about this fascinating and complex area of the law by speaking with two attorneys with Reed Smith who practice in the firm's Global Regulatory Enforcement Group. Mark E. Bini is a former federal and state prosecutor in New York, has led multiple multi-year cross-border investigations of corporations and individuals and has particular experience in investigations involving potential Foreign Corrupt Practices Act (FCPA) violations. As a prosecutor, he worked closely and in parallel with many domestic and foreign law enforcement agencies and regulators, including the United Kingdom's Financial Conduct Authority and Brazil's Ministerio Publico Federal.Thomas H. Suddath, Jr., is a former Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's Office in Philadelphia, has extensive experience conducting international and domestic internal investigations and frequently counsels companies on compliance and voluntary disclosure issues related to the FCPA. He has handled FCPA and other internal investigations in many countries including Russia, Poland, Turkey, Greece, Hungary, Czech Republic, Mexico and Colombia.Thanks to Mark and Tom for sharing their insights based on decades of experience. *******This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageFollow us on LinkedInSubscribe on your favorite platform.

The U.S. Foreign Extortion Prevention Act (FEPA) is a groundbreaking piece of anti-corruption legislation which makes it a crime for any foreign official to demand or accept a bribe from an American or American company, or from any person while in the territory of the United States. Our two guests, Tom Firestone, Partner at Squire, Patton and Boggs, and Scott Greytak, Director of Advocacy at Transparency International US, played a critical role in getting the act into law. In the episode, they speak to Liz Dávid-Barrett (Centre for the Study of Corruption) about the scope of the act and how it relates to the Foreign Corrupt Practices Act (FCPA). The three also debate some of the likely challenges around enforcing FEPA as well as the effect the law may have on enforcement efforts by other countries. For more background on the act, here is a helpful explainer written by Scott - https://www.transparency.org/en/blog/us-foreign-extortion-prevention-fight-against-global-corruption

The award winning, Compliance into the Weeds is the only weekly podcast which 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 Fox and Matt Kelly take a deep dive into the recently announced Department of Justice (DOJ) Whistleblower Incentive Program. Last week, the DOJ announced a whistleblower pilot program, offering monetary rewards to whistleblowers who report corporate misconduct. Whistleblowers can receive up to 30% of the net proceeds of a settlement resulting from their tip. The program covers various types of corporate crime, including bribery, healthcare fraud, and Foreign Corrupt Practices Act (FCPA) violations. This program puts pressure on compliance programs to quickly investigate and address reported misconduct. It also raises questions about how whistleblowers will be rewarded in cases where there is a declination or non-prosecution agreement. The SEC case involving a whistleblower award highlights the importance of handling whistleblower reports effectively. Key Highlights: DOJ Announces Whistleblower Pilot Program Covering Various Types of Corporate Misconduct Tension Between Self-Reporting and Whistleblower Reporting Recent SEC whistleblower award as a cautionary tale Resources: Matt in Radical Compliance  Tom Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Is compliance solely about adhering to legal standards, or does it also play a role in driving business efficiency? This question is central to the latest episode of the Career Can Do podcast, where host Mary Ann Faremouth engages with Tom Fox, the innovative founder of the Compliance Podcast Network. Their conversation explores the evolving world of compliance programs and the transformative impact of podcasting. Tom Fox, a leading authority in anti-corruption and anti-bribery compliance, shares his valuable insights into why businesses must continuously update their compliance strategies. The shift to remote work, accelerated by the COVID-19 pandemic, exposes the inadequacies of compliance programs that were designed a decade ago. Tom emphasizes that today's fast-changing risk environment requires a proactive and adaptive approach to compliance. A major focus of their discussion is the Foreign Corrupt Practices Act (FCPA), a crucial tool in combating global bribery and corruption. Tom underscores the importance of strong compliance frameworks, especially in high-risk sectors like energy, where effective risk management is essential. Tom's personal journey is equally inspiring. After a severe bike accident, he transforms this challenge into an opportunity for growth, using his resilience to build a successful global practice from his home. His story illustrates how adversity can become a powerful catalyst for professional success. Podcasting also plays a significant role in Tom's career, providing a platform to enhance his brand and open new business opportunities. Both Tom and Mary Ann champion the power of podcasting, highlighting its potential to establish thought leadership, build professional brands, and create meaningful connections within the industry. They encourage professionals and businesses to use podcasting as a strategic tool for career and business growth. For those interested in tapping into Tom's expertise or exploring podcasting for their own ventures, he offers multiple ways to connect, including email, LinkedIn, and his website. This episode of Career Can Do is essential listening for anyone looking to navigate the complexities of compliance and leverage the transformative power of podcasting. Resources: Faremouth

In this episode, Lisa Mays, an international trade attorney with Sheppard Mullin and leader of the firm's Supply Chain Industry Team, joins host Scott Maberry to discuss the state of the global supply chain, including the impact of the war in Russia, and the intensifying trade war with China.   What We Discussed in This Episode: Most trade lawyers are on the East coast. What benefits do you bring to your clients being in California?  What roles do the different government agencies play in enforcement, and why is recent inter-agency enforcement cooperation so significant? What is the compliance obligation regarding “diversion” of goods by suppliers, distributors, sales agents, and customers? How are U.S. trade wars playing out in the global supply chain?  What specific supply chain issues are created by the war in Ukraine? What recent actions has the U.S. taken as the trade war with China intensifies? How is international trade law impacting the way the solar industry operates? Why has it become critical for companies to trace their supply chains for forced labor? Will supply chain regulation continue to be a priority for the remainder of President Biden's current term?   About Lisa Mays An international trade lawyer based in Sheppard Mullin's Orange County office, Lisa Mays leads the firm's Supply Chain Industry Team and is a leading member of the Transportation Industry Team. Lisa's practice focuses on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, and customs and import regulations. She regularly advises semiconductor manufacturers, automakers, airlines, aerospace and defense firms, importers, and exporters on sanctions; export controls, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR); trade agreements; the Foreign Corrupt Practices Act (FCPA); Customs and imports; antidumping and countervailing duties (AD/CVD); the False Claims Act; Committee on Foreign Investment in the United States (CFIUS); anti-boycott controls; cybersecurity issues; and anti-money laundering (AML) matters.  Lisa also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Office of the U.S. Trade Representative (USTR), the Department of Commerce Bureau of Industry & Security (BIS), the Department of State Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), the International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), and CFIUS.   About Scott Maberry An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Lisa Mays Scott Maberry Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.  

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this first episode of Season 2, Tom and Mike review the Lockheed corruption scandal which led directly to the passage of the FCPA.  The discussion covers the significant bribery and corruption charges that led to the creation of the Foreign Corrupt Practices Act (FCPA). The hosts explore the international political fallout from the scandal, its impact on various countries including Japan, Italy, and the Netherlands, and the consequences for Lockheed. The episode highlights how the case influenced the development of anti-bribery laws worldwide and the roles played by figures like Stanley Sporkin in shaping these regulations. The conversation also touches on the ongoing challenges in combating corruption in the aerospace industry and its global implications. Key Highlights ·      The Lockheed Scandal: An Overview ·      High-Level Corruption and Its Unveiling ·      International Repercussions of the Lockheed Scandal ·      The Birth of the FCPA ·      Modern Implications and Compliance Resources Mike DeBernardis on LInkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

By Adam Turteltaub Best known as The FCPA Professor, Mike Koehler argues that that many people have it all wrong when it comes to enforcement of the Foreign Corrupt Practices Act (FCPA). Citing historical data he argues that there is not, contrary to popular opinion, a slow down in enforcement of the FCPA. The pace of roughly 12-13 resolutions per year has continued. In fact, the three resolutions in the first quarter of 2024, he notes, puts it on track to continue the trend. How do compliance teams get management attention to FCPA enforcement? He recommends against just focusing on the likely price of the settlement. Instead, outline all the costs. Those start with the multiple years before the resolution when the costs of legal, accounting and other fees may be as much as twice the resolution. Then, point to the eighteen months or so after the settlement when the organization will be under ongoing scrutiny, likely at a substantial cost. All of this, of course, is in addition to the diminished productivity and potential business losses. Listen in to learn more about how he sees anticorruption enforcement shaping out both by US and international prosecutors.  

In a recent speech on March 7, 2024, Deputy Attorney General Monaco announced that, in the next 90 days, DOJ would implement a new whistleblower program to reward reporting of criminal misconduct at public and private companies. In particular, DOJ will encourage reporting of potential violations of the Foreign Corrupt Practices Act ("FCPA") and the recently enacted Foreign Extortion Prevention Act ("FEPA"). AAG Monaco noted that DOJ will be particularly interested in "foreign corruption cases" involving "non-issuers and violations of the recently enacted FEPA," along with criminal abuses of the United States financial system and domestic corruption cases.DAG Monaco also reiterated the importance of voluntary self-disclosures. DOJ employs a "mix of carrots and sticks" to incentivize companies to build stronger compliance programs that proactively mitigate risks and disclose misconduct to DOJ when appropriate. DAG Monaco underscored the fact that a corporate resolution "will always be more favorable with voluntary self-disclosure."In this episode, Michael Volkov discusses DOJ's new initiatives on whistleblowing and encouraging voluntary self-disclosures.DOJ's planned whistleblower program will significantly impact individual incentives to report financial misconduct and corporate decisions regarding voluntary self-disclosures.The program's focus extends beyond FCPA violations, encompassing other significant financial abuse schemes and potential reporting against non-issuer companies.Global companies are facing unprecedented risks and challenges in today's economy, leading them to prioritize robust ethics and compliance programs to promote positive corporate citizenship.The SEC whistleblower program has been successful, resulting in serious prosecutions and the derailment of fraudulent schemes. However, only around 10% of reports involve FCPA anti-bribery allegations.The Department of Justice recently announced its plan to create a whistleblower bounty program, which would fill gaps in existing programs and coordinate with voluntary self-disclosure policies.DOJ's whistleblower program will reward reporting of criminal misconduct at both public and private companies, encouraging reporting of potential violations of the FCPA and the Foreign Extortion Prevention Act.Companies are urged to disclose misconduct to earn valuable benefits, and the DOJ emphasizes the benefits of voluntary self-disclosure and cooperation to mitigate risks and maximize financial performance.ResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group

On the docket today, we embark on a crucial exploration into the intricacies of international business law with a focus on anti-corruption measures. In this episode, we delve into the landscape of anti-corruption laws, dissecting key regulations like the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. We navigate the extraterritorial reach of these laws and their profound impact on global business transactions. Venturing further, we unravel the implications for international businesses, shedding light on potential legal consequences and penalties for non-compliance. Our journey takes a deep dive into the FCPA, dissecting its provisions, enforcement mechanisms, and recent developments, offering practical insights for businesses to ensure compliance. We also scrutinize the necessity of robust corporate compliance programs, emphasizing the role of Legal English in drafting effective policies. Real-world case studies bring these concepts to life, extracting lessons and best practices. Additionally, we address the cultural nuances of compliance and explore the crucial role of due diligence in preventing corruption in business transactions. As we navigate these intricate waters, our mission is to empower legal professionals with the knowledge needed to ensure global compliance with anti-corruption laws.For the show notes for this episode, go here. Comment below the show notes if you have any questions about this episode.For more about this podcast, go here. For ways to improve your Legal English, go here.For the Intro To Legal English Course, go here. This is a free course!Have you watched our YouTube Channel? Go here.Willing to support the show? Buy Me a Coffee.---Discover Our Writing Journal - Unlock the power of effective Business English writing with our new book: 4 Business English Writing Journal: 365 Daily Prompts for Global ProfessionalsElevate your communication skills as a global professional with 365 daily prompts tailored to enhance your language proficiency. Join us on a transformative journey towards mastering Business English.To read more about or to purchase, go to the Amazon page here or read more Here.---Check out our website: 4 Business-EnglishImprove Your Communication SkillsIn the modern business world, communication is key to success. Often, communication is conducted in English. Whether you are dealing with native-English speakers, or English as a Second Language speakers, you need to communicate effectively in the lingua franca of the 21st Century: English. There are many common business terms that you need to understand, and some you need to master. Often, academic English courses do not teach these business phrases or lexicon. That is where 4 Business English can help.This site is designed with business professionals in mind. People who need to improve their professional English skills - reading, writing, conversational, or even public speaking and giving formal presentations. Support the show

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Joshua Drew, a Member of Miller & Chevalier who practices in the firm's white collar and FCPA practice areas. Joshua Drew, a seasoned attorney with a rich background in the Department of Justice (DOJ) and the Foreign Corrupt Practices Act (FCPA), recently joined the litigation group at Miller & Chevalier. His perspective on joining the firm is largely influenced by his admiration for the team's expertise, having interacted with several of the firm's lawyers during his tenure at Vimple.com, now Veon. He also found the firm's practice areas, particularly FCPA work and general litigation, to be in perfect alignment with his experience. Moreover, he appreciated the firm's smaller size, strategic focus, and subject-matter expertise, making his decision to join Miller & Chevalier a no-brainer. To learn more about Joshua Drew's journey and his insights, join Tom Fox and Joshua Drew on this episode of the FCPA Compliance Report. Key Highlight: Drews's extensive Compliance and Litigation Experience Streamlining Investigations and Improving Compliance at HP Life under the monitor at Veon Impressive Team and Strategic Focus at Miller Incentivizing Disclosure and Cooperation in Mergers Resources: Joshua Drew on LinkedIn Miller & Chevalier Chartered Tom Fox Instagram Facebook YouTube Twitter LinkedIn   For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

The award winning, Compliance into the Weeds is the only weekly podcast which 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 the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the ERP software giant SAP.  The recent $220 million fine imposed on German software giant, SAP, for violations of the FCPA underscores the critical role of internal audits in maintaining corporate compliance. Despite having a comprehensive FCPA compliance program, SAP's lack of control over its subsidiaries led to bribery activities, a situation that Tom and Matt believe could have been prevented with a robust internal audit function. Fox emphasized the need for strong internal audits to identify and address issues within different parts of an organization. Similarly, Kelly, underscored the importance of internal audits in identifying and rectifying control lapses. To delve deeper into this topic and understand the implications of the SAP case, join Tom Fox and Matt Kelly on this episode of the Compliance into the Weeds.  Key Highlights ·      The bribery schemes and geographic scope ·      What is culture? ·      Third parties and corruption risks ·      The fine and penalty ·      The comeback ·      Lessons learned for the compliance professional Resources Matt on Radical Compliance Tom   Tom on the FCPA Compliance and Ethics Blog Instagram Facebook YouTube Twitter LinkedIn For more information on Ethico and a free White Paper on top compliance issues in 2024, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the Foreign Extortion Prevention Act (FEPA), a groundbreaking law that aims to combat corruption by criminalizing foreign government officials who solicit or accept bribes from US entities. This law complements the Foreign Corrupt Practices Act (FCPA), which penalizes companies for offering bribes, and introduces new challenges and implications for anti-corruption measures. Tom views FEPA as a long-overdue measure that fills a gap in anti-corruption efforts. He agrees with Matt emphasizes that FEPA addresses a long-standing concern of anti-corruption advocates. Both Fox and Kelly anticipate further guidance from the Department of Justice on how this new law will interact with existing measures under the FCPA. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of the Compliance into the Weeds podcast.  Key Highlights: Combating Foreign Corruption: FIFA's Powerful Impact Implications of FIFA Cooperation on FCPA Prosecution Extradition Challenges in FIFA Corruption Cases The Impact of the Name and Shame List Resources: Matt Kelly on LinkedIn Tom Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

By Adam Turteltaub While most eyes have focused on the US Department of Justice's document Evaluation of Corporate Compliance Programs when looking for guidance, it's not the only DOJ source out there. Josh Drew (LinkedIn), Member, Miller & Chevalier explains that it would be wise to also look to Attachment C. What is it? It's a document typically attached to Foreign Corrupt Practices Act (FCPA) resolutions. It specifies what the defendant company will need to do to establish and maintain an effective corporate compliance program. As a result, it, like the Evaluation document, provides very clear guidance as to what the DOJ's thinking is when it comes to compliance. In August and September 2023 there were several changes to Attachment C. For one, it expanded the call for support from senior management down to include midlevel management as well. It specifically points to the importance of their tone and conduct:  “The Company will ensure that mid-level management throughout its organization reinforce leadership's commitment to compliance policies and principles and encourage employees to abide by them.” In the realm of training, it calls for metrics to assess the effectiveness of the training, not just that it was given. That's a theme consistent with other direction from the DOJ. Not surprising for an FCPA-related document, it also calls for documenting the business justification for engaging a third party and ensuring that contract terms are specific. Third parties should also be tracked after the initial engagement, which means ongoing due diligence. And, here, too, as elsewhere, the Department of Justice reinforces the importance of both incentives for good behavior and disincentives for bad. Listen in and then be sure to spend some time reading Attachment C.

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, Kristy Grant-Hart reviews the holdbacks on the internal control failures and other areas identified in the SEC enforcement action. In this episode of the FCPA Compliance Report podcast, we delve into clawbacks and consequence management in compliance programs, particularly about the Foreign Corrupt Practices Act (FCPA). Our host, Tom Fox, brings a unique perspective, expressing disappointment over the lack of clawbacks in a recent case but emphasizing the importance of consequence management, such as withholding bonuses from employees involved in misconduct. His extensive experience in the field shapes Fox's insights, and he underscores the need for businesses to shift their models in response to investigations and compliance violations. He also highlights the significance of a proactive approach to addressing compliance issues and the need for a significant change in the business model. Join Tom Fox as he navigates the complex world of compliance in this enlightening FCPA Compliance Report podcast episode.  Key Highlights: The Significance of Consequence Management in FCPA Investigations The Significance of Shifting Business Models Holdbacks going forward Resources: Tom Fox blog post series on the Albemarle FCPA Enforcement Action. Tom Fox Threads Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

The award winning, Compliance into the Weeds is the only weekly podcast which 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 sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt consider the recent DOJ enforcement action involving Verizon Business Network Services for failure to have an effective cyber security compliance program. The recent case of Verizon's non-compliance with cybersecurity standards and subsequent remediation efforts has sparked a significant conversation in the realm of cyber compliance. Tom views this case as a roadmap for companies to enhance their cybersecurity programs, emphasizing the importance of gap analysis and pressure testing. He draws parallels between cybersecurity compliance and the Foreign Corrupt Practices Act (FCPA) compliance, suggesting that Verizon's case could serve as an example for other companies.  Matt applauds Verizon's voluntary self-disclosure and extensive remediation efforts. He underscores the importance of disclosure, cooperation, and remediation in both cybersecurity and corruption cases, viewing Verizon's actions as a positive example for other companies. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of the Compliance into the Weeds podcast.  Key Highlights ·      Verizon's Cybersecurity Program Failures ·      Enhancing Cybersecurity Compliance through Remediation Measures ·      Automating Compliance Efforts with GRC Tools ·      Potential Penalties for Non-Disclosure of Cybersecurity Issues  Resources Matt in LinkedIn Matt on Radical Compliance Tom   Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Customs has taken on heightened significance with respect to the U.S. Foreign Corrupt Practices Act (FCPA) compliance and risk management for many global businesses. We are tapping the knowledge of two former federal prosecutors from the U.S. Justice Department to help provide useful insights. Regulatory enforcement lawyers Daniel Ahn and Mark Bini discuss their experience in matters involving allegations of bribery and corruption brought by federal and state governments and explain the key issues that companies should look out for at the border. They analyze the FCPA, discuss customs issues, and show how attention to compliance and due diligence help prevent allegations of corruption.

In international finance, the difference between what is legal and normal and what is criminal and corrupt is often unclear, a disparity made worse by an overlapping series of laws and regulations which in some cases can put U.S. competition at a disadvantage. These networks of illicit finance, shell corporations, and offshore structures used by global elites to create, move, and conceal vast amounts of wealth is explored in great detail by Prof. Kimberly Kay Hoang in her new book, "Spiderweb Capitalism: How Global Elites Exploit Frontier Markets." Hoang's investigation, which involved some 350,000 miles of travel and dozens of field interviews with executives and market players, sheds light on this secretive and poorly understood corner of the global economy. In her discussion with Robert Amsterdam, Hoang explains how shell corporations can be set up to move funds from statelets like Guernsey, to more well known offshore havens like the Cayman Islands, as well as Singapore, Vietnam, Cambodia, Myanmar, and Delaware, among many others. Her investigaiton brings fresh insights to the shortcomings of laws like the Foreign Corrupt Practices Act (FCPA), which has imposed very high compliance costs on US companies but has done little to halt the activity of other players.

When beauty company Avon Products Inc. was charged in 2014 with violating the Foreign Corrupt Practices Act (FCPA), due to failure to detect and prevent bribery acts happening in China, they settled for ten times more than the cost they paid for in "gifts." Today, the FCPA investigation and enforcement action still stand as one of the most interesting cases for companies and compliance professionals to learn much from. Tune in to this new episode of The Corruption Files — The Avon China Bribes with Thomas Fox and Michael DeBernardis ▶️  Key points discussed in the episode: [00:05] Tom Fox shares the background facts on such an "insane case," with the investigation almost as interesting and important as the resolution.   [00:24] Michael DeBernardis states that Avon China Bribes the grandfather case for a couple of other very similar FCPA cases.  [02:16] The internal audit department already identified this issue of paying gifts and recommended FCPA training for the team, which did not push through due to the lack of budget. [02:59] In-fighting or territoriality is not surprisingly uncommon at big companies, leading to compliance and corruption problems.  [04:50] Tom cites how in 2012, the government became so frustrated with Avon that they started issuing grand jury subpoenas for individuals.  [12:56] A key part of the corporate process is to have systems that talk to each other. And if you don't, the costs can literally be astronomical.  [19:25] Avon's $8 million in bribes led to $500 million in pre-settlement costs, $135 million in settlement costs, and $250 million in post-settlement resolutions.   [20:50] Tom reminds companies that if there's a potentially high reward, it generally means there's high risk.   [24:02] Michael emphasizes that Compliance budgets can be tight, but skipping small training can catch up with you in the long run.  ---------------------------------------------------------------------------- Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com. Texas Tax rate at 80% of 8.25%

On this episode, recorded in-person at the ASEEES 2022 Convention in Chicago, Lera and Taylor sit down with Will Pomeranz, the director of the Wilson Center's Kennan Institute, to talk about his experience practicing Russian law in Russia, the work of the Kennan Institute, the evolution (and devolution) of Russian law from the tsarist period through Vladimir Putin today, and the legality of the referenda in Ukraine. A timely discussion, especially in light of the bombings Poland at the Ukraine-Poland border on November 15th, 2022. We hope you enjoy! For more information on the Wilson Center and its vast resources, please visit their website: https://www.wilsoncenter.org/. For the Kennan Institute specifically, visit: https://www.wilsoncenter.org/program/kennan-institute. ABOUT THE GUEST William Pomeranz is the Director of the Kennan Institute, a part of the Woodrow Wilson International Center for Scholars located in Washington, D.C. He also has taught Russian law at the Center for Eurasian, Russian, and East European Studies (CERES), Georgetown University. He hold a B.A. from Haverford College, a M.Sc. from the University of Edinburgh, a J.D. cum laude from American University, and a Ph.D. in Russian History from the School of Slavonic and East European Studies, University of London. Prior to joining the Kennan Institute, Dr. Pomeranz practiced international law in the United States and Moscow, Russia. He advised clients on investment in the Russian Federation as well as on U.S. anti-money laundering requirements, the Foreign Corrupt Practices Act (FCPA), and various U.S. sanctions programs. His research interests include Russian legal history as well current Russian commercial and constitutional law. His academic articles have been published in the Russian Review, Slavonic and East European Review, Kritika, Review of Central and East European Law, Demokratizatsiya, and Problems of Post-Communism. He also has provided commentary and conducted numerous press interviews with CNN, NPR, C-SPAN, Reuters, VOA, Bloomberg, and other media outlets. PRODUCER'S NOTE: This episode was recorded in Chicago's Palmer House Hilton on November 12th, 2022 at the ASEEES Convention. If you have questions, comments, or would like to be a guest on the show, please email slavxradio@utexas.edu and we will be in touch! CREDITS Host/Associate Producer: Lera Toropin (@earlportion) Host/Associate Producer: Taylor Ham Associate Producer: Cullan Bendig (@cullanwithana) Assistant Producer: Sergio Glajar Assistant Producer: Misha Simanovskyy (@MSimanovskyy) Social Media Manager: Eliza Fisher Supervising Producer: Katherine Birch Recording, Editing, Sound Design: Michelle Daniel Music Producer: Charlie Harper (@charlieharpermusic) www.charlieharpermusic.com (Main Theme by Charlie Harper and additional background music by Charlie Harper, Makaih Beats, Kirk Osamayo, Independent music collective) Executive Producer & Creator: Michelle Daniel (@MSDaniel) www.msdaniel.com DISCLAIMER: Texas Podcast Network is brought to you by The University of Texas at Austin. Podcasts are produced by faculty members and staffers at UT Austin who work with University Communications to craft content that adheres to journalistic best practices. The University of Texas at Austin offers these podcasts at no charge. Podcasts appearing on the network and this webpage represent the views of the hosts, not of The University of Texas at Austin. https://files.fireside.fm/file/fireside-uploads/images/9/9a59b135-7876-4254-b600-3839b3aa3ab1/P1EKcswq.png Special Guest: William Pomeranz.

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox, returning guest Kevin Carroll and Kenyen Brown of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally. Kevin Carroll is a partner in the firm's Washington and New York offices, in its white collar and investigations practices. He represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims. Kenyen Brown, a partner in the firm's Washington office, focuses primarily on white-collar criminal litigation and compliance counseling, including matters involving the Foreign Corrupt Practices Act (FCPA) and internal and government investigations. With his extensive white-collar litigation experience and refined judgment, Kenyen served as U.S. Attorney for the Southern District of Alabama, to which President Barack Obama appointed him. Key areas we explore on this podcast are: Why the Jan 6 Committee report would not be a complete investigation unless they ask former Vice President Pence about what he observed that day. Because of the constitution of the Committee itself, there has been an absence of partisan rancor, which allowed them to tell a narrative from an investigative standpoint. The American people found this very valuable. The influence of technology in public hearings and investigations.  The significance of the Jan 6 Committee report. People may get down into the semantics of what the President knew and argue the policy behind whether or not it was an insurrection, but at the end of the day, people were fearful for their lives.  The clarification of the Electoral Count Act.  Resources Hughes Hubbard & Reed website  Kevin Carroll on LinkedIn Kenyen Brown on LinkedIn

In 2016, the DOJ and SEC served enforcement action against Och-Ziff Capital Management Group for inappropriate business practices in Africa. It seemed like only yesterday when this successful hedge fund was incriminated in a complex scheme of bribing government officials to maintain and get new business. The settlement was $412 million (and even more for restitution for the victims), making it one of the biggest payments for violating the Foreign Corrupt Practices Act (FCPA). ▶️ The Sophisticated Conduct of Och-Ziff's African Bribery with Tom Fox and Michael DeBernardis Key points discussed in the episode: ✔️ A crisis can breed opportunities for corruption. Even as its red flags became increasingly apparent, the option remained for the Och-Ziff to stop its bribery and illegal action before and even after its activities were discovered. ✔️ Compliance professionals need to have their eyes extra peeled, not simply to vet due-diligence partners but to look deeply into the ongoing business relationships with joint-venture partners. Och-Ziff Subsidiary was involved in corruption issues tied to its mining projects in the Democratic Republic of Congo. What was blatantly amiss was the review and audit necessary to view the joint venture from the compliance perspective. ✔️ Find a joint-venture partner that approaches compliance the same way you do. In handling joint ventures, there is a need for ongoing due diligence — and ongoing management of the relationship beyond due diligence. In the lifecycle of a third-party agent, work starts when the contract is signed, and the joint venture is formed. ✔️ There are various means for auditing available that don't include turning the place upside down. Here are some good ways to keep an eye on an entity like a joint venture: -Do spot checks on certain transactions -Do sampling from a distance -Make the audit by interviewing the employees to ensure they understand and follow the compliance requirements. ✔️ Remember, it becomes more complicated when you are not in control. Regarding building contractual protections and having strict control, ensure that you find a joint-venture partner that approaches compliance the same way you do. ✔️ Companies have always had audit rights but haven't exercised those rights. It's almost a requirement when making high-risk transactions to not only build in the audit rights but also exercise them. Ask the right questions and gauge whether the third party has been honest in the due diligence process. Many companies get scared off by the idea of the disruption and invasion involved, but that's what takes away the potential problems and the unnecessary bouts with the SEC and the Department of Justice (which is responsible for enforcing the FCPA). ---------------------------------------------------------------------------- Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com. Texas Tax rate at 80% of 8.25%

Featuring:  Ray Banoun, one of the founders of the National White Collar Crime Institute.  Maggie O'Donnell, trial attorney focused on white collar criminal defense and civil matters.  Hosts:Nina Marino, founder of the Criminal Defense Law Section of the Women Lawyers Association of Los Angeles (WLALA) and the Los Angeles chapter of the Women's White Collar Defense Association (WWCDA). Nina regularly negotiates with and litigates against the U.S. Department of Justice, local district attorneys, and other government agencies in her defense of people investigated or charged with matters involving healthcare fraud, international extradition, cybercrime, money laundering, customs violations, tax crimes, Ponzi schemes, public corruption, and regulatory issues involving cryptocurrency. Joe Whitley, represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance.  Join Nina, Joe, Maggie, and Ray to learn more about the National White Collar Institute.  This is the first episode of the new series, "White Collar Talks with Nina and Joe"!

Guests: Victor Padilla, MBA, CFE, Weaver               Christopher Meadors, CPA, CFF, JD, Delta Consulting Group               Sasha Gartman, CFE, CAMS, Weaver Our presenters will provide an overview of the Foreign Corrupt Practices Act (FCPA) and the potential effects that the recent COVID-19 pandemic could have on FCPA enforcement trends. The presenters will discuss examples of FCPA risks that companies should be aware of in this environment and the corresponding actionable steps organizations can take to address such challenges. Examples of challenges include: Reduced budgets Layoffs of corporate compliance and audit professionals A distributed workforce Supply chain issues Make sure you FCPA programs and internal controls account for new risks associated with COVID. Do not let down your guard, FCPA enforcement is not going away any time soon. The episode is brought to you by the AICPA's Forensic and Valuation Services Section, the premier provider of information, tools, advocacy and guidance for professionals who specialize in providing forensics, valuation, fraud, fair value and damages and by the CFF Credential and ABV Credential programs which allow AICPA members to demonstrate competence and confidence in providing these services to their clients. Visit us online at www.aicpa.org/fvs to join our community and gain access to valuable member-only benefits. Don't miss an episode – subscribe to our podcast channel! And leave us a review so we can continue bringing valuable and relevant content to you.

Guests: Victor Padilla, MBA, CFE, Weaver               Christopher Meadors, CPA, CFF, JD, Delta Consulting Group               Sasha Gartman, CFE, CAMS, Weaver Our presenters will provide an overview of the Foreign Corrupt Practices Act (FCPA) and the potential effects that the recent COVID-19 pandemic could have on FCPA enforcement trends. The presenters will discuss examples of FCPA risks that companies should be aware of in this environment and the corresponding actionable steps organizations can take to address such challenges. Examples of challenges include: Reduced budgets Layoffs of corporate compliance and audit professionals A distributed workforce Supply chain issues Make sure you FCPA programs and internal controls account for new risks associated with COVID. Do not let down your guard, FCPA enforcement is not going away any time soon. The episode is brought to you by the AICPA's Forensic and Valuation Services Section, the premier provider of information, tools, advocacy and guidance for professionals who specialize in providing forensics, valuation, fraud, fair value and damages and by the CFF Credential and ABV Credential programs which allow AICPA members to demonstrate competence and confidence in providing these services to their clients. Visit us online at www.aicpa.org/fvs to join our community and gain access to valuable member-only benefits. Don't miss an episode – subscribe to our podcast channel! And leave us a review so we can continue bringing valuable and relevant content to you.

Webcast URL: https://knowledgewebcasts.com/know-portfolio/fcpa-under-bidens-administration-cle-2022/ The Biden administration considers corruption a top threat to national security that impacts the economy, the global anti-poverty development initiatives, and the overall democratic ideologies. To address this issue, the administration further elevates its enforcement efforts to counter corruption, including the amendment of the Foreign Corrupt Practices Act (FCPA). Businesses and other organizations concerned should, therefore, be well-versed with any developments in this area to stay compliant and keep legal risks at bay. Join a panel of key thought leaders and distinguished professionals organized by The Knowledge Group as they provide a comprehensive discussion of the latest trends and developments surrounding FCPA under the Biden administration. Speakers, among other things, will offer practical compliance strategies in this ever-changing regulatory landscape. For any more information please click on the webcast URL at the top of this description.

Niklas talks with Sean Pawley, CEO and Founder of Seshat Bank and Rasheed Griffith, COO and Chief Compliance Officer of Merkle Hedge.Sean has founded an API-first commercial bank for Latin America. He talks about his journey from East Africa to Central America, and how he uses the novel regulatory regime on Prospera Honduras to innovate in key areas for banking.Notably, he talks about the "Pawnbroker for All Seasons" model to risk management pioneered by Mervyn King (ex. Governor of the Bank of England) as an improvement over the "Lender of Last Resort" Model.Rasheed and Sean walk us through the most important international financial regulations such as AML-KYC laws, the Foreign Corrupt Practices Act (FCPA) and Securities Laws. These are key for finance entrepreneurs to understand when starting a new company.We learn how regulatory practice is often detached from material effectiveness, and how political incentives often lead to bad regulation. Better regulations, however, are needed for some key financial innovations to flourish.Rasheed, Sean and Niklas believe startup cities like Prospera Honduras can be the innovation needed to provide more innovation-friendly regulations.We invite you to join us on our mission to build the financial and governance systems of the future together on Roatan, Honduras, a beautiful Caribbean island on November 18-20: https://infinitafund.com/fintech2022Niklas on Twitter: https://twitter.com/NiklasAnzingerInfinita Fund Website: https://infinitafund.com/Discord: https://discord.gg/Z4H6UjbubK

We welcome back Gary Kalman, director of Transparency International's United States Office, for the third time. Find out more about the coalition at us.transparency.org (00:40) - Progress the U.S. is making on the fight against global corruption, and the role of U.S. entities in facilitating corruption (05:19) - The White House Anti Corruption strategy document (“United States Strategy on Countering Corruption”: https://www.whitehouse.gov/wp-content/uploads/2021/12/United-States-Strategy-on-Countering-Corruption.pdf) (10:43) - The influence of Transparency International on U.S. decisions and support for anti-corruption missions in other countries (14:14) - The Summit for Democracy (19:28) - Comparison to the 2016 Anti-Corruption Summit (24:00) - Maintaining and expanding bipartisan support for anti corruption and anti money laundering initiatives (31:00) - The ENABLERS Act (41:07) - The Foreign Extortion Prevention Act and The Foreign Corrupt Practices Act (FCPA) (https://en.wikipedia.org/wiki/Foreign_Corrupt_Practices_Act) (47:32) - Global anti-bribery enforcement and the challenges the U.S has with information sharing (53:25) - FCPA violations and prosecutions (55:10) - The most important agenda items for Transparency International's U.S. office

Kommt es zu sanktionierbarem Fehlverhalten oder Compliance-Vorfällen im Unternehmen, ist die Beauftragung eines unabhängigen Compliance-Monitors in der U.S.-amerikanischen Rechtspraxis an der Tagesordnung – häufig als Teil eines sog. Settlements zwischen U.S. Behörden und Unternehmen. Obwohl Bemühungen des deutschen Gesetzgebers, ein ähnliches Modell im deutschen Recht zu implementieren, mit der Abkehr vom Verbandssanktionengesetz in der vergangenen Legislaturperiode (vorerst) gescheitert sind, spielt das U.S. Monitorship auch für in Deutschland ansässige Unternehmen eine wichtige Rolle, z.B. wenn sich das Unternehmen wegen Verstößen gegen international wirkende Vorschriften wie den Foreign Corrupt Practices Act (FCPA) strafbar gemacht hat. Einmal vom Unternehmen beauftragt, hat der Compliance-Monitor die Aufgabe, die Einhaltung der Verpflichtungen aus dem Settlement zwischen Behörden und Unternehmen zu überwachen, die Umsetzung der vereinbarten Compliance-Maßnahmen zu kontrollieren und durch Empfehlungen – sog. Recommendations – zu unterstützen. Ziel ist es, die Implementierung eines nachhaltigen Compliance-Management-Systems zu fördern und auf diesem Weg das Risiko zukünftiger Compliance-Verstöße zu reduzieren. Obwohl die Vereinbarung eines Monitorships bereits konzeptionell keinen Sanktionscharakter haben soll, begegnen Unternehmen dem Monitorship häufig mit Vorbehalten. Dabei kann ein Monitor als Impulsgeber in der praktischen Umsetzung echten Mehrwert für das Unternehmen bringen und die Anordnung des Monitorships zur Compliance-Chance werden. Dr. Christian Rosinus bespricht mit Nicole Willms, wie ein U.S. Monitorship in der Praxis funktioniert, was auf betroffene Unternehmen zukommen kann und wie es gelingt, das Monitorship aktiv mitzugestalten. Dr. Rosinus im Gespräch mit: Nicole Willms ist Rechtsanwältin und Partnerin bei der Kanzlei Pohlmann & Company in Frankfurt. Seit vielen Jahren berät und unterstützt sie deutsche und internationale Mandanten bei der Entwicklung, Implementierung und Überprüfung von Compliance-Management-Systemen und effektiven Risikomanagement- und Governance-Strukturen. Seit 2016 ist Nicole Willms regelmäßig als Teil der Führungs- und Prüfungsteams in verschiedenen U.S. Monitorships, insbesondere für das U.S. Justizministerium (Department of Justice, DoJ) und die U.S. Börsenaufsicht (Securities Exchange Commission, SEC), tätig. Sie erreichen Nicole Willms per E-Mail unter nwillms@pohlmann-company.com oder telefonisch unter +49 69 260 1171 46. https://rosinus-on-air.com/ https://rosinus-partner.com/

The 38th International Conference on the Foreign Corrupt Practices Act (FCPA) is underway, and to highlight the event Vcheck Global's RiskWatch podcast co-host Seth Harlan interviewed  some of the featured speakers at this year's conference.He asked each speaker about critical risk and compliance issues, including affects from the pandemic, the growing prominence of Environmental, Social, and Corporate Governance (ESG) compliance in the U.S., and the prevailing attitude toward the FCPA and other globally relevant Anti-Bribery and Anti-Corruption (ABAC) statutes.Tune into this interview with Kimberly Parker, Partner with WilmerHale.

The 38th International Conference on the Foreign Corrupt Practices Act (FCPA) is underway, and to highlight the event Vcheck Global's RiskWatch podcast co-host Seth Harlan interviewed  some of the featured speakers at this year's conference.He asked each speaker about critical risk and compliance issues, including affects from the pandemic, the growing prominence of Environmental, Social, and Corporate Governance (ESG) compliance in the U.S., and the prevailing attitude toward the FCPA and other globally relevant Anti-Bribery and Anti-Corruption (ABAC) statutes.Tune into this interview with Ruti Smithline, Partner with Morrison & Foerster.

The 38th International Conference on the Foreign Corrupt Practices Act (FCPA) is underway, and to highlight the event Vcheck Global's RiskWatch podcast co-host Seth Harlan interviewed  some of the featured speakers at this year's conference.He asked each speaker about critical risk and compliance issues, including affects from the pandemic, the growing prominence of Environmental, Social, and Corporate Governance (ESG) compliance in the U.S., and the prevailing attitude toward the FCPA and other globally relevant Anti-Bribery and Anti-Corruption (ABAC) statutes.Tune into this interview with Robert Johnston, Partner with Lowenstein Sandler

In episode 5, Jim McCurry, Jon Kolodner, and Lisa Vicens provide insights on bribery and the Foreign Corrupt Practices Act (FCPA).  Topics discussed include, among other things:What bribery and the FCPA areAdvice for companies doing business abroadCompliance programs and best practices

The Foreign Corrupt Practices Act (FCPA) continues to be a key regulatory priority of US enforcement agencies and a central compliance concern for businesses around the world. In this episode of the Better Intelligence Podcast, PSA's Michael Olver speaks with veteran FCPA litigator Charles Duross, who spent seven years at the DOJ's FCPA unit before entering private practice to counsel clients on FCPA matters. Charles shares insights into how the DOJ and SEC pursue investigations, discusses the management of internal and government-facing investigations, and highlights key risk areas in dealing with third parties. _ To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com