Podcast appearances and mentions of kara brockmeyer

This week, Kara Brockmeyer, partner in Debevoise & Plimpton's Washington, D.C. office, discusses the impact of the U.S. Anti-Money Laundering Act on anti-corruption compliance and enforcement. This podcast was recorded at TRACE's 2022 Forum, which brings together compliance professionals for meaningful discussions.

In this podcast episode, Sergio Moro, director at Alvarez & Marsal, former Lava Jato Judge and former Minister of Justice of Brazil, and Kara Brockmeyer, partner at Debevoise & Plimpton and former Chief of the SEC's FCPA Unit, shared their experiences with the audience and commented on the usual mistakes that companies make when conducting internal investigations and the importance of thinking strategically.

As federal judge Emmet Sullivan reminded the Justice Department that he, not they, run his court this week, self-distancing Tom and Jay are back to consider some of the top compliance articles and stories which caught their collective eye this week. Former Wal-Mart lawyer sues for allegedly refusing to change internal investigation report on FCPA. Matt Kelly in Radical Compliance. Dylan Tokar in the WSJ Risk & Compliance Journal. How to mobilize for an internal investigation. In the WSK Risk & Compliance Journal. What is trade based money laundering? Jon Rausch in Dipping Through Geometries. Moving towards a more agile compliance and internal audit. Alex Movchan interviews Alkistis Gkiosi for the Risk and Compliance Platform Europe. What steps can you take to safeguard a compliance program during Covid-19? Kara Brockmeyer, Andrew M. Levine and Philip Rohlikin opine in NYU’s Compliance and Enforcement Blog. Should the role of the CCO be expanded? Klaus Moosemeyer says yes in the FCPA Blog. Using data analytics in a compliance regime. Szilvia Andriasik in the FCPA Blog. A new cyber-compliance playbook? Rod Rosenstein & Sumon Dantiki in Compliance Week. (sub req’d) How to handle an internal investigation in during Covid-19? Lara Burke & Dominique Strieder in Compliance Week. (sub req’d) Interested in moving to the CCO chair? Check in on this month’s edition of The Compliance Life where Tom visits with Ellen Hunt, CCO at AARP. In this Part 2, Hunt relates how to move towards the CCO chair. New episodes appear each Tuesday in May at 1 PM CST. The Compliance Life is now available on iTunes. On Compliance and Coronavirus this week: Megan Dougherty explains why you should be pod-curious; AndrewRawson on the new normal of employee relations during and after Covid-19; JohnPetrovski and Jim Belin on how the economy may reopen and the markets play out. Compliance and Coronavirus. On the Compliance Podcast Network, this month topic: written standards; all on 31 Days to a More Effective Compliance Program. This week’s offerings: Monday-Operationalization of your Code of Conduct; Tuesday-Introduction to policies and procesures; Wednesday-Revising your policies and procedures; Thursday- Policies and procedures on gifts and business entertainment; Friday- Policies and procedures on travel. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Kara Brockmeyer, a partner in Debevoise & Plimpton’s Washington office and former Chief of the SEC’s FCPA Unit, discusses some changes she’s observed in the implementation of compliance programs with much of the world in lockdown. She also describes the pace of investigations now that DOJ and SEC lawyers are working remotely and she wraps up with a few predictions about what we might see in this field post-pandemic.

As Tom celebrates the Astros franchise record of 104 wins (to-date) and Jay continues to avoid talking about the Red Sox, they then turn to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.  1.     Both Nissan and Carlos Ghosn settle SEC charges for failure to report salary. Does Nissan have a massive conflict of interest in its investigation? Sean McLain and Nick Kostov report. 2.     PwC gets in yet more trouble with SEC. Francine McKenna reports. Matt Kelly explores. Tom and Matt take a deep dive in Compliance into the Weeds. 3.     TechnipFMC settles SEC charges for FCPA violation. Harry Cassin reports.  4.     How do you fix a toxic culture? Mike Volkov enlightens.5.     What factors influence an ethical culture? Jay continues a multipart series. 6.     Thinking about investiging in US real estate? Foreigners need to check in on the new rules. Doug Cornelius explains. 7.     8 Prominent CCOs tackle 5 compliance questions in an interview in Compliance Week.8.     What are 10 reasons compliance programs fail? Andrew Hayward and Tony Osborn consider. 9.     Has the fight against corruption in Mexico turned the corner? Andrew Levine, Kara Brockmeyer and Marisa Taney consider. 10.  Tom continues his preview of the Converge19 speakers in a special bonus series of podcasts on the Compliance Podcast Network. Check out the following: Monday-Jacki Cheslow with a testimonial of why you should attend;  Tuesday-Michael Rasmussen on a SWOT analysis for CCOs; Wednesday-Stephen Martin on the role of the Board of Directors; Thursday- Dan Chapman on the new DOJ Guidance (with an assist from FCPA Monitor himself) and Friday- Ren McEachern on the power of integrated 3rd party risk management. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone, YouTube,  Spotify and the Compliance Podcast Network. 11.  The Everything Compliance gang will be doing its first live podcast at Converge19. You should be there! Listeners to this podcast can obtain a complimentary ticket by using the promotion code foxvip, for registration and information, click here.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Kara Brockmeyer, former Chief of the SEC’s FCPA Unit and now with Debevoise & Plimpton, discusses key enforcement actions, the shifting legal landscape and compliance trends from 2018, together with a few predictions for 2019.

Kara Brockmeyer, former Chief of the SEC Enforcement Division's FCPA Unit, describes the Unit's role in the joint enforcement of the US anti-bribery law

As they made clear with several FCPA enforcement actions in 2016, the SEC has placed a renewed interest in the accounting provisions of the FCPA, specifically the internal controls provisions. The BHP enforcement continued this trend, where there was no evidence that bribes were paid or offered in violation of the FCPA, the poor internal compliance controls at BHP led to a $25MM fine. Kara Brockmeyer, the former Chief, FCPA Unit; Division of Enforcement of the SEC, reiterated that the SEC was committed to protecting investors in US public companies and those which list other securities in the US, through enforcement of the accounting provisions, including internal controls provisions of the FCPA. It would seem that the reason is straightforward; a company with rigorous internal compliance controls is better able to prevent, detect and remedy any FCPA violations that may occur. What can you do around the FCPA’s requirements for internal controls and current SEC emphasis? I would suggest that you begin with an exercise where you map the internal controls your company has in place to the indicia of the Ten Hallmarks of an Effective Compliance Program, as set out in the FCPA Guidance. While most compliance practitioners are familiar with the Ten Hallmarks, you may not be as familiar with standards for internal controls. I would suggest that you begin with the COSO 2013 Internal Controls Framework as your starting point.  As a lawyer or compliance practitioner you may not be familiar with all the internal controls that you have in place. This exercise would give you a good opportunity to meet with the heads of Internal Audit, Finance and Accounting (F&A), Treasury or any other function in your company that deals with financial controls. Talk with them about the financial controls you may already have in place. An easy example is employee expense reports. Every company I have ever worked at or even heard about requires expenses for reimbursement to be presented, in documented form on some type of expense reimbursement form. This is mandatory for IRS reporting; so all entities perform this action. See how many controls are in place. Is the employee who submits the expense reimbursement required to sign it? Does his/her immediate supervisor review, approve and sign it? Does any party in the employee’s direct reporting chain review, approve and sign? Do any personnel from accounts payable review and approve that expenses have the requisite receipts attached? Is there any other review in accounts payable? Is there any aggregate review of expense reports? Is there a monetary limit over which additional reviews and approvals occur? Now if an employee has submitted expenses for activities that occurred outside the US are there are any foreign government officials involved? Were those recipients of any such gift, travel or entertainment identified on the expense reimbursement form? Was the business purpose of the meal, gift or entertainment recorded? Can you aggregate the monies spent on any one foreign official or by a single employee in your expense reporting system? All of these are internal controls that can be mapped to the appropriate prong of the Ten Hallmarks or other indicia of your compliance program. You can take this exercise through each of the five objectives under the COSO 2013 Internal Controls Framework and its attendant 17 Principles. From this mapping you can then perform a gap analysis to determine where you might need to implement internal compliance controls into your anti-corruption compliance program. This can lead to remedial steps that you can take. For example, you can recommend procedures be written for all key compliance areas in which there are currently no procedures and your existing procedures can be updated to include compliance issues and clear definition how controls are to be evidenced. Through this you can move from having detect controls in place, to having prevent controls, whenever possible.  As a Chief Compliance Officer (CCO) or compliance practitioner, this is an exercise that you can engage in at no cost. You simply investigate and note what internal controls you have in place and how they may be a part of your anti-corruption efforts going forward. Compliance is a straightforward exercise; this does not mean that it is easy, you do have to work at it so that you will simply not have a paper, “check the box”, program. But using the excuse that you have limited resources is simply an excuse and a rather poor one at that. While the clear lesson from the BHP enforcement action is that you are required to have effective internal controls in place, by engaging in this mapping exercise you can then figure out what you have and, more importantly, what internal compliance controls that you do not have and need to institute. Three Key Takeaways  Learn the internal controls your company currently has in place. Map your compliance internal controls to the COSO 2013 Framework, Use your gap analysis as a basis for remediation. Learn more about your ad choices. Visit megaphone.fm/adchoices

  Over some breakfast tacos and Mexican coffee, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss:  Uganda considers a demand side response to corruption. See Tom’s article in  Compliance Week. What are the rationales for anti-corruption legislation? See Tom’s post on the rationales underlying the FCPA on the  FCPA Compliance Report. Why due diligence investigations still need the human element. See Scott Shaffer’s article in  FCPA Blog.Kara Brockmeyer joins Debevoise & Plimpton LLP. See Tom’s article in the  FCPA Blog.What has been the fate of whistleblowers at Wells Fargo. See James Stewart considers in his Common Sense column in the  New York Times.Federal jury convicts former Guinea mining minister of laundering bribes. See article in the  FCPA Blog.Astros lead the AL with the second best record in baseball. What does Tony Parker’s injury mean for the Spurs/Rockets playoff series?The Financial Reporting Council (FRC) investigates KPMG on its audits of Rolls Royce for the firm’s failure to detect bribes paid by the company. See article in the  FCPA Blog.Listeners to this podcast can received a discount to Compliance Week 2017. Go to registrationand enter discount code CW17TOMFOX. Learn more about your ad choices. Visit megaphone.fm/adchoices

  Over some breakfast tacos and Mexican coffee, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss:  Uganda considers a demand side response to corruption. See Tom’s article in Compliance Week. What are the rationales for anti-corruption legislation? See Tom’s post on the rationales underlying the FCPA on the FCPA Compliance Report. Why due diligence investigations still need the human element. See Scott Shaffer’s article in FCPA Blog. Kara Brockmeyer joins Debevoise & Plimpton LLP. See Tom’s article in the FCPA Blog. What has been the fate of whistleblowers at Wells Fargo. See James Stewart considers in his Common Sense column in the New York Times. Federal jury convicts former Guinea mining minister of laundering bribes. See article in the FCPA Blog. Astros lead the AL with the second best record in baseball. What does Tony Parker’s injury mean for the Spurs/Rockets playoff series? The Financial Reporting Council (FRC) investigates KPMG on its audits of Rolls Royce for the firm’s failure to detect bribes paid by the company. See article in the FCPA Blog. Listeners to this podcast can received a discount to Compliance Week 2017. Go to registrationand enter discount code CW17TOMFOX. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Jay Rosen returns from a week’s trip to Walt Disney World. Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: DOJ Criminal Division's Acting Principal Deputy Assistant Attorney General remarks on the FCPA and its enforcement. - See text of speech by clicking  here. See Matt Kelly’s blog post by clicking  here.Whistleblowers in the news. See Tom’s article on the Barclay’s CEO and Amtrust in  FCPA Blog and on KPMG in  Compliance Week. Mike Volkov weighs on whistleblowing as indicia of corporate culture  here.One year reports note that declinations are on the rise under the on the now one-year old FCPA Pilot Program. For Miller & Chevalier report click  here (sub. req’d). For the Stanford University FCPA Clearinghouse Report in the Wall Street Journal, click  here.Tribute to Kara Brockmeyer, retiring as head of the SEC’s FCPA Unit. See Tom’s article in  Compliance Week.Jay details his upcoming conference schedule and weekend report on ethics and compliance observations from the Florida version of the Magic Kingdom.Listeners to this podcast can received a discount to Compliance Week 2017. Go to registrationand enter discount code CW17TOMFOX. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Jay Rosen returns from a week’s trip to Walt Disney World. Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: DOJ Criminal Division's Acting Principal Deputy Assistant Attorney General remarks on the FCPA and its enforcement. - See text of speech by clicking here. See Matt Kelly’s blog post by clicking here. Whistleblowers in the news. See Tom’s article on the Barclay’s CEO and Amtrust in FCPA Blog and on KPMG in Compliance Week. Mike Volkov weighs on whistleblowing as indicia of corporate culture here. One year reports note that declinations are on the rise under the on the now one-year old FCPA Pilot Program. For Miller & Chevalier report click here (sub. req’d). For the Stanford University FCPA Clearinghouse Report in the Wall Street Journal, click here. Tribute to Kara Brockmeyer, retiring as head of the SEC’s FCPA Unit. See Tom’s article in Compliance Week. Jay details his upcoming conference schedule and weekend report on ethics and compliance observations from the Florida version of the Magic Kingdom. Listeners to this podcast can received a discount to Compliance Week 2017. Go to registrationand enter discount code CW17TOMFOX. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

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