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Today, we're joined by Bloomberg's Scott Moritz. AT&T is launching a new, 5G wireless home internet service. How much is it and what can you tell us about it?
Time now for our daily Tech and Business Report. Today, KCBS news anchor Holly Quan is joined by Bloomberg News reporter Scott Moritz. Dish is out with an offer that might be for you. It's introducing Boost Infinite, which offers service for 25 dollars a month for life.
AT&T says it may have to hike the price of its wireless plans for a second time in recent months. For more, KCBS Radio news anchor Eric Thomas spoke with Bloomberg News Reporter Scott Moritz.
Telecommunications companies have spent $100 BILLION rolling out 5G networks in the U.S. But so far, it doesn't appear they've been able to make any money from their efforts. So Scott...what were the hopes and expectations for 5G...and what's the reality been? For more, KCBS Radio news anchor Liz Saint John spoke with Bloomberg News reporter Scott Moritz.
Wireless companies are making inroads in getting people to subscribe to their home internet service. For more, KCBS Radio news anchor Rebecca Corral spoke with Bloomberg News reporter Scott Moritz.
AT&T is rolling out what's being called the fastest internet connection for consumers. For more, KCBS Radio news anchor Rebecca Corral spoke with Bloomberg reporter Scott Moritz.
Jay is once again traveling this week so we are joined by Professor Karen Woody as special guest co-host. I know you will enjoy her comments on this special Focus on the SEC edition. Stories 1. Coinbase v. the SEC. Andrew Ross Sorkin previews in NYT Dealbook. Francine McKenna takes a deep dive in The Dig (sub req'd) Gary Gensler testifies before Congress, Paul Keiran in the WSJ. 2. Why compliance should lead ESG. Kyle Brasseur in Compliance Week (sub req'd) 3. Another cheating scandal at KPMG. Matt Kelly on Radical Compliance. Leadership 4. Leadership lessons from the fall of Kabul. Sandra Erez in CCI. 5. What are the Big 3 issues from this year's proxy season? Eric Knox, Sehrish Siddiqui and David Venturella in CCI. 6. How large a problem is corporate recidivism? Dick Cassin in the FCPA Blog. 7. The Great Resignation and meaningful work. Brett Beasley in Notre Dame's Deloitte Center for Ethical Leadership. 8. Boeing safety woes hit the Boardroom. Wachtel Lipton lawyers in Harvard Law School Forum on Corporate Governance. 9. On the intersection of culture and corporation reputation. Mike Volkov in Corruption Crime and Compliance. 10. Learned Hand on leadership and humility. Jeff Kaplan in the Conflict of Interests blog. Podcasts and Events 11. CCI surveying stress in compliance. Henry Kronk in CCI. Take the survey here 12. On Innovation in Compliance, Tom has run a 6-part special podcast series on Looking Back on 9/11, sponsored by Affiliated Monitors. In this series he will visit with professionals from a variety of compliance perspectives who will discuss how 9/11 changed our profession, including three who were in NYC during the attacks. Hear thoughts and reflections from Gabe Hidalgo, Juan Zarate, Alex Dill, Eric Feldman, Scott Moritz and John Lee Dumas. 13. Are you exasperated? Then check out the latest offering from the Compliance Podcast Network, F*ing Argentina. In this podcast series co-hosts Tom Fox and Gregg Greenberg, author of F* Argentina explore the current American psyche of being overworked, over leveraged, overtired and overwhelmed. Find out about modern America's exasperation with well…exasperation. In Episode 1, the dreaded Parent Meeting night at your child's elementary school. 14. Ethisphere's World Most Ethical Company awards for 2022 are open for submission. For more information on the Application Process, click here. 15. Breaking News features The Compliance Handbook, 2nd edition. Check out the Breaking News feature here. Purchase The Compliance Handbook, 2nd edition here. Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week is the 20th anniversary of 9/11. On Saturday Tom and Jay ask that you take a moment of silence to remember all those who lost their lives on that day, their loved ones and those who were impacted by those events over the past 20 years. Stories 1. Elizabeth Holmes finally goes to trial. Aly McDevitt in Compliance Week (sub req'd) Opening statements review in the WSJ. 2. The role of compliance in an ESG effort. David Povey in Compliance Week. (sub req'd) Matt Kelly weighs in on diversity as well in Navex Global's Risk and Compliance Matters. 3. Raytheon under FCPA scrutiny. Dylan Tokar in WSJ Risk and Compliance Journal. 4. CCI surveying stress in compliance. Henry Kronk in CCI. Take the survey here. 5. From Wells Fargo to Kraft Foods. Matt Kelly in Radical Compliance. Tom and Matt in Compliance into the Weeds. 6. Has the SFO turned the corner? Martin Kenney in the FCPA Blog. 7. Measuring compliance measurement. Jeff Kaplan in COI Blog. 8. From firm specific risk to systemic risk. John Coffee in Harvard Law School Forum on Corporate Governance 9. Do you need a BOD Code of Conduct? Kristy Grant-Hart in Compliance Kristy. 10. Joe Biden-the anti-corruption President? Joe Acotoia in Corruption Crime and Compliance. Podcasts and Events 11. On Everything Compliance, the full gang discuss where they were on 9/11 and its impact on their profession. Lisa Fine looks back on 9/11 in Great Women in Compliance. 12. On Innovation in Compliance, Tom has run a 6-part special podcast series on Looking Back on 9/11, sponsored by Affiliated Monitors. In this series he will visit with professionals from a variety of compliance perspectives who will discuss how 9/11 changed our profession, including three who were in NYC during the attacks. Hear thoughts and reflections from Gabe Hidalgo, Juan Zarate, Alex Dill, Eric Feldman, Scott Moritz and John Lee Dumas. 13. Join K2 Integrity September 15 for a round-table on the 20th Anniversary of September 11 and consider its impact on countering terrorist financing and illicit financing, and the continuing risks to national security. The roundtable will include members of the team that spearheaded the post-9/11 counter illicit finance regime: Juan Zarate, Chip Poncy, Danny McGlynn, moderated by Dr. Michele L. Malvesti. Information and Registration here. 14. Ethisphere's World Most Ethical Company awards for 2022 are open for submission. For more information on the Application Process, click here. 15. Breaking News features The Compliance Handbook, 2nd edition. Check out the Breaking News feature here. Purchase The Compliance Handbook, 2nd edition here. Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Co-host Jay Rosen (AKA ‘Mr. Monitor') can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Scott Moritz is Tom Fox's guest on this episode of Looking Back at 9/11. Scott is the Senior Managing Director at FTI Consulting Risk and Investigations, assisting clients and their outside counsel in managing their response to white collar crime, misconduct and bribery incidents. He is also the host of the podcast series, Fraud Eats Strategy. Scott joins Tom to talk about how the events of 9/11 impacted the FBI. How 9/11 Changed The FBI: Structural and Cultural Ambidexterity 9/11 fundamentally changed the FBI overnight. Scott remarks that for a long time after 9/11, the FBI was primarily focused on the attack on the Trade Center. That was the Bureau's main investigation, and it was being worked on by all the FBI field offices, and virtually every foreign attache office in the world. Many scholars, through various organizational studies and surveys, assumed that the FBI would have created simultaneous frontline structures and processes to balance their two competing missions: national security and law enforcement. The scholars also posited that perhaps the FBI would engage in cultural ambidexterity, which would be to refuse to take on the mission of national security altogether. The FBI did something altogether unexpected and tackled both. The Benefit of One Agency “There was this rapid emergence of two clear, but distinct, identities, and eventually, you know, one new unified identity FBI, but some changes where, terrorism cases were centralized at headquarters...This was a big departure from the way that the FBI normally operated,” Scott tells Tom. By staying as a single agency, the FBI had better access to local law enforcement agencies and could take better advantage of defendants with information that could advance the national security mission. A Shift In The Private Sector Tom asks Scott to talk about any changes in the private sector he was personally involved in. The major change in the private sector post-9/11, especially with respect to financial institutions, was the induction of the Patriot Act which also paved the way for other significant changes. Financial Institutions and broker dealers had to harden the security of buildings and supply chains across the country's infrastructure. There was also the explosion of no fly lists, watch lists and terrorist watch lists. Banks, building owners and brokerage companies had to navigate these systems often, and quickly. Scott was very involved in helping these institutions in their anti money laundering obligations, as well as their security obligations. Looking To The Future Tom asks Scott to share some reflections on 9/11, and for the future. Scott remarks that post-9/11, the country was more united and people were more compassionate to one another. The best of humanity in forms of kindness and outpouring of love was seen not just from Americans to each other, but from the rest of the world to America. He hopes that someday he can see that kind of love and unity again. Resources Scott Moritz | LinkedIn | Twitter Fraud Eats Strategy Texas Tax rate at 80% of 8.25%
Analysts Don Kellogg and Roger Entner welcome Scott Moritz from Bloomberg to discuss the latest news about DISH. 0:26: Scott Moritz recaps his latest article and goes in depth on how DISH is relaunching Boost and launching a new 5G beta in Q4. 3:45: What is “Project Manhattan” and how is Charlie Ergen leading his company? 6:02: How AT&T helped DISH through their wholesale deal. 8:35: What could the timeline look like after the Beta Test. 9:35: Why DISH is choosing to start in Las Vegas and Florida. 10:35: How will DISH likely differentiate to gain customers? 13:20: Part of the success T-Mobile has seen has come from their merger - how vested are regulators in creating a fourth network in the US? You can find Scott's https://www.bloombergquint.com/author/28859/scott-moritz (latest articles for Bloomberg here).
As the Tokyo Olympics conclude and Biden passes an infrastructure bill, Tom and Jay are back to take a look at this week's stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Infrastructure Bill edition. Stories 1. Navex Global new benchmark report. Carrie Penman, Andrew Burt and Mary Bennett in Navex Global's Risk & Compliance Matters blog. 2. Conducting a double materiality assessment. Donota Calace in PracticalESG, Part 1 and Part 2. 3. Dangers lurking in internal investigations? Mike Volkov in Corruption, Crime and Compliance. 4. What can ‘ethics refugees' teach us about E&C? Richard Shell in CCI. 5. Running a design sprint. Carsten Tams with Part 4 of his 5-part series on Design Thinking in LinkedIn. 6. Amazon tagged for €746MM for GDPR violations. Cordery Compliance news alert. 7. What are the factors driving change in the investigation process? Jaclyn Jaeger in Compliance Week. 8. The Achilles Heel of Compliance? Scott Moritz in LinkedIn. 9. Ted Lasso and corruption. Harry Cassin in the FCPA Blog. 10. 100 bottles of booze on the wall, 100 bottles of booze. Jeff Kaplan in the Conflict of Interest Blog. Podcasts and Events 11. Innovation in Compliance hits its 200th anniversary show. I celebrate with Dan Skolnick from Accuity. Check out the show here. 12. On The Compliance Life, in August I visit with Kortney Nordrum CCO at Deluxe. In Episode 1, from Red Wing to Israel. 13. How do the Greek Timoleon and the Roman Aemilius inform compliance leadership today? Find out as Tom and Richard Lummis continue their exploration of Plutarch's Lives in this episode of 12 O'Clock High, a podcast on business leadership. 14. Compliance Week is having an open house this month as they have dropped their firewall. You can check out the entire publication for no charge. Check it out here. 15. K2 Integrity's Sepideh Rowland will moderate an ABA Webinar: Managing Compliance Under Pressure, August 17. Register and information here. 16. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here. 17.Each month Affiliated Monitors, Inc. introduces our readers and listeners to members of our AMI team. This month, in addition to our web Spotlight feature https://lnkd.in/g9aUbMaJ we recorded a companion podcast with Deann Conroy, who is a Compliance Solutions Manager. She is an experienced attorney, leader, and educator of healthcare legal issues. Please follow the link in the show notes for this month's double shot of our colleague Deanne! https://lnkd.in/gfTdF5mq Tom Fox is the Voice of Compliance 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
As the Tokyo Olympics continue and FirstEnergy settles one of the largest domestic corruption cases ever, Tom and Jay are back to take a look at this week's stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Domestic Corruption edition. Stories The First Energy domestic corruption scandal. Rick Messick in GAB. Matt Kelly in Radical Compliance. Obstacles to compliance training. Dick Cassin in the FCPA Blog. Should companies go into space? Mike Volkov says no in Corruption, Crime and Compliance. Is your compliance relationship with HR unleavened? Then leaven it, says Amy Dufrane in CCI. Can the Olympics be saved? Perhaps from the corruption angle. Andy Spalding in the FCPA Blog. What's it like to be a whistleblower? Aaron Nicodemus with a 5-part series in Compliance Week (sub req'd). Aaron discusses the series on this edition of From the Editor's Desk. (No Sub Req'd) What happens when a CCO acts like a GC? They ‘step in it' says Matt Kelly in Radical Compliance. Are you afraid of your own shadow? Michael Rasmussen says you might well should be in Navex Global's Risk and Compliance Matters. If you step in it, RAC it. Ngozi Okeh in PracticalESG. Boards and Corporate Strategies in the post-pandemic world. Wachtell, Lipton lawyers in the Harvard Law School Forum on Corporate Governance. Podcasts and Events Jonathan Keller reviews the evolution of healthcare compliance in this episode of The Compliance Handbook. Scott Moritz turns the tables on Tom by interviewing him about his recently released book The Compliance Handbook, 2nd edition on this week's edition of Fraud Eats Strategy. On The Compliance Life, in July I visited with Asha Palmer, CECO at Convercent. In Episode 1, from Claire Huxable to the DOJ. In Episode 2, ‘What do you think about Abu Dhabi?' In Episode 3, she moves into compliance consulting and is surprised with what she observed. In Episode 4, Asha talks about moving into the CECO role and beyond. How do the Greek Cleomenes and the Roman Giaus Graccus inform compliance leadership today? Find out as Tom and Richard Lummis continue their exploration of Plutarch's Lives in this episode of 12 O'Clock High, a podcast on business leadership. In Integrity Through Compliance, Episode 14, Joe Miller Returns to Discuss Anticipated Antitrust Enforcement Trends in the Biden Administration. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here. Tom Fox is the Voice of Compliance 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
Part 2 of this Fraud Eats Strategy series, Scott Moritz continues the conversation on the Anti-Money Laundering Act of 2020 (AMLA 2020) with Matt Biben, Partner of Gibson Dunn.
In this episode we look inside the United Nations and its various agencies. We assess the harsh reality of endemic corruption in how governments intersect with UN agencies. Given its unique mission, the nature of how it is funded and disbursed funds largely for things such as large-scale infrastructure building, healthcare, education and peace-keeping, and the fact that its employees and officers are foreign officials under the law, the UN represents a perfect storm of corruption risk. Scott Moritz speaks to Murphy & McGonigle law partner Robert “Bob” Appleton. Bob was Chief of the first ever UN Anti-Corruption Unit, the Procurement Fraud Task Force, which existed between 2006-2010, and was responsible in part for the focus of the FCPA by the Fraud Section at DOJ.
In this second episode of Fraud Eats Strategy, Scott Moritz speaks to Neil Barofsky, a partner at Jenner & Block and the former Special Inspector General of the Troubled Asset Relief Program about these issues. We will explore the increased discovery of financial crimes that occur in a down cycle of the economy and how organizations can use fraud risk assessments to identify fraud, pursue avenues of recovery and strengthen their organizations against the potential negative consequences of fraud.
As we move to our first non-PG podcast and channel our inner Chauncy Gardner with signature line, “I like to watch”, Tom and Jay continue to brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week. What is monitoring and oversight? Matt Kelly draws compliance inspiration from Jerry Falwell who (allegedly) likes to watch his wife having sex with another man. What is risk-based due diligence? Financial regulators opine. Mengqi Sun in the WSJ. Bank/government partnership to fight financial crime. Dylan Tokar in WSJ. Why fraud matters, the Steve Bannon indictment. Mike Volkov. Why does the Palantir S-1 appear to be like the children of Lake Wobegon — stronger, better-looking, and above average? Francine McKenna explains on The Dig. Lucenda Shen sees a flag-waving, in Term Sheet. How bad was the sexual harassment on the Washington Football Club? Very Bad. Expose in the Washington Post. Are we losing the war on AML? Martin Woods says yes. More on McDonald’s suit against its former CEO? Fenwick West lawyers. This month on The Compliance Life, I am joined by Louis Sapirman. In Part 1, we looked at Louis personal and professional journey into compliance. In Part 2, we discussed the qualities of a successful CCO. In Part 3, communication as a driver of compliance. In this month’s final episode Part 4, Sapirman takes a look at the CCO role down the road. On Compliance and Coronavirus we had a week of Exiger. Tuesday had Brandon Daniels on Data Management and Data Security Moving out of Covid-19, Michael Beber on on M&A, IPOs and SPACs During and After Covid-19; and Anna Osborn on managed services and outsourced compliance. On the Compliance Podcast Network, on 31 Days to a More Effective Compliance Program, this month focuses on the role of the Board in compliance. This week saw the following offerings: Monday- BOD and succession planning; Tuesday-incorporating compliance strategy into long-term BOD planning; Wednesday-areas of BOD inquiry into compliance; Thursday- special guest Vin DiCianni on 3 specific BOD inquiries on compliance; and Friday-20 questions. The month of August is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. Please join us in September where I take a deep dive into Internal Controls. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register here. There’s a place where True Crime meets Compliance, and its name is Fraud Eats Strategy. Check out this new show by Scott Moritz of FTI consulting, and catch all the episodes, notes, resources and more on the Compliance Podcast Network! We’d love to hear what you think of the show, and we’d love it even more if you shared it with a friend, colleague or that one guy you think might be a secret oligarch. Check out this great new podcast series here. This week on the FCPA Compliance Report, some of the top commentators in compliance have joined Tom to discuss some of the top developments in compliance over the past 10 years. The schedule for this week is as follows: Monday, Aug. 24 – Episode 495 - Mike Volkov on changes in FCPA enforcement; Tuesday, Aug. 25 - Episode 496 - Matt Kelly on changes in compliance from the business journalist perspective; Wednesday, Aug. 26 - Episode 497 - Jonathan Armstrong in changes in data protection/data privacy compliance; Thursday, Aug. 27 - Episode 498 - Jay Rosen in changes to proactive monitoring from the business development perspective; and Friday, Aug. 28 - Episode 499 - Jonathan Marks on how changes in internal audit both mirror and even foreshadow some of the changes he has seen in compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this first episode of Fraud Eats Strategy with Scott Moritz he speaks to former Enron Whistleblower Sherron Watkins about the many red flags that were ignored, the ill-fated board decisions and the wide-ranging complicity that led to Enron’s implosion. Sherron’s memo to former Enron leadership warned of the accounting irregularities that would cause the company to “implode in a wave of accounting scandals” and sparked what is now one of the biggest fraud and misconduct cases in American history. Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, war lords, kleptocrats and more.
In this introduction, you will meet Scott Moritz, Senior Managing Director in the Global Risk and Investigations Practice at FTI Consulting. The series features a deep dive into the various ways fraud can effect each and every one of us.
Post By: Adam Turteltaub Internal investigations rarely proceed on a straight line. There are twists and turns, and sometimes a need for a switch, or even two. First, from an in-house investigation to one conducted using an outside resource. And, at times, there may be a need to even switch outside investigators. Scott Moritz, Senior Managing Director at FTI Consulting, explains in this podcast what to consider when making a transition. He discusses when the time is right to bring in an outside firm, or maybe switch the firm you are using. He also provides insight into what it takes to get an outside investigative firm up to speed. That includes not just a recap of the facts on hand. Corporate cultural factors and internal policies are important to share as well to ensure that the investigation flows smoothly and doesn’t cause problems of its own. In addition, it is critical, as always, to be mindful of the impact an investigation can have on productivity and morale. Listen in to learn more about how to make your investigation transitions as smooth as possible.
By Adam Turteltaub A good investigation begins well before the first allegation, according to Scott Moritz, Senior Managing Director at FTI Consulting. It begins with the creation of a proper framework for how investigations will be conducted. In the latest Compliance Perspectives podcast he recommends that the investigation policy framework should begin by considering the different categories of likely cases: HR, privacy, cyber, and others. Each may require its own team, processes and legal considerations. Understanding these factors in advance helps ensure a faster start and a more thorough investigation. When it comes to deciding whether to handle the investigation in-house or to engage outside resources, he notes that sometimes the answer is clear, such as when the allegation involves senior leadership. In other cases, multiple factors need to be assessed. But he points out, it doesn’t always have to be a decision made as soon as the allegation is made. Sometimes it is more prudent to do an initial investigation and then decide based on what the preliminary evidence indicates. Listen in to discover more about how to create the framework that can help improve your investigation processes from the initial review of the allegation right down to the final report.
Stacy Moritz of Secret Aardvark Trading Co comes on the Craft Hot Sauce podcast. Secret Aardvark was founded in 2004 by creative and culinary genius Scott Moritz. His love of travel, surfing, making music and telling stories was matched only by his passion for discovering the flavors of the world. Stacy shares how they began hocking sauce at Portland farmer’s markets and have grown to be available in over 1,000 roadhouses, eateries, and groceries all over the world. Scott’s life in food began when he entered a chili cook-off at age thirteen. He went on to start a pie company, several catering businesses, a tamale cart, and was a co-founder of Portland’s own Salvador Molly’s. His adventures ended far too soon when we lost him to pancreatic cancer in 2009. Scott’s passing left Stacy and the Secret Aardvark family to carry forward his dream of sharing his unique, flavorful, and affordable sauces with the world. Music guest is Scotland Barr & the Slow Drags and their song 1000 Roads. You can try Secret Aardvark hot sauce in the July version of the craft hot sauce subscription box:https://crafthotsauce.com/collections/all-vendors/products/craft-hot-sauce-club
In this episode I visit with Scott Moritz, the Global Lead, Protiviti Forensics. We discuss the Varsity Blues scandal from the forensic perspective. Some of the highlights from the podcast include: Ø What would a root cause analysis show?Ø Every college and university need to do a full analysis of its admissions process. From soup to nuts, a complete review. Ø With so much in the public domain, there is a clear road map to do so.Ø How should you pressure test your control environment?Ø What is the curriculum around business ethics? These words must also mean for each institution to look inward. Ø What will you do when the government comes knocking? Learn more about your ad choices. Visit megaphone.fm/adchoices
As The Bachelorette wraps up another season, a mating dance is developing in the telecommunications world. SoftBank is desperate to find a match for Sprint, the fourth-largest U.S. wireless company, of which it owns 84 percent. It has at least two potential suitors in mind: T-Mobile, the No. 3 U.S. wireless company, or Charter, the second-largest U.S. cable company. With T-Mobile, SoftBank founder and CEO Masayoshi Son would probably have to sell majority control of Sprint. Charter, on the other hand, would be a takeover target -- and would come with an enterprise value price tag of $200 billion or more. Will Sprint find a match, or will both partners turn down Son's money-losing asset? Bloomberg reporters Gerry Smith and Scott Moritz give host Alex Sherman their predictions.
In 2012, Congress created a new government agency called FirstNet and tasked it with building a high-speed wireless network that would allow all first responders in the United States to communicate with each other daily and in times of emergencies. In July, FirstNet awarded AT&T with a 25 year contract to do the actual work. In this episode, hear highlights from a recent hearing about this new network as we examine the wisdom of contracting such an important part of our public safety infrastructure to the private sector. Please visit Podchaser.com to nominate your favorite Congressional Dish episode. Password: Patreon Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Additional Reading Article: PayPal, GoFundMe, And Patreon Banned A Bunch Of People Associated With The Alt-Right. Here's Why. by Blake Montgomery, Buzzfeed News, August 2, 2017. Article: U.S. Virgin Islands becomes first territory to 'opt-in' to FirstNet by Donny Jackson, Urgent Communications, August 1, 2017. Article: New Mexico becomes eighth state to 'opt in' to FirstNet by Donny Jackson, Urgent Communications, August 1, 2017. Article: FirstNet Becoming a Reality as the Number of States Opting in Grows to Seven by Adam Stone, GovTech, July 27, 2017. Interview: Executive Spotlight: Interview with Mike Leff, VP for Strategy and Operations for AT&T Global Public Sector by Andy Reed, Executive Biz, July 27, 2017. Article: AT&T in Early Talks With U.S. Officials for Time Warner Approval by David McLaughlin, Gerry Smith and Scott Moritz, Bloomberg, July 24, 2017. Article: FirstNet Gets its Teeth: Implications for Turf, Tech, and Tower Vendors by Daniel Vitulich, Wireless Week, July 21, 2017. Article: National Cell Network For First Responders Could Mean Better Coverage For Vermonters by Amy Kolb Noyes, VPR, July 14, 2017. Article: Some may be kept in the dark on future of public safety telecom by Dave Gram, VTDigger, July 9, 2017. Article: States Deserve A Complete Picture In Evaluating FirstNet/AT&T Coverage Plans by Al Catalano, Keller and Heckman LLP, Lexology, June 29, 2017. Article: Leidos and AT&T to Implement Software Defined Networking for the Defense Information Systems Agency by Leidos, PR Newswire, June 26, 2017. Article: State, Territory Plans and Next Step in FirstNet Build-Out Arrive Ahead of Schedule by Theo Douglas, GovTech, June 19, 2017. Report: FirstNet Has Made Progress Establishing the Network, but Should Address Stakeholder Concerns and Workforce Planning, U.S. Government Accountability Office, June 2017. Article: AT&T and Maxwell Air Force Base Pilot IoT Connected "Smart Base", AT&T Newsroom, April 4, 2017. Article: FirstNet Taps Telecom Giant AT&T for First Responder Network Buildout by News Staff, GovTech, March 30, 2017. Article: Incident Management Teams and FirstNet: A Perspective on the Future by Lesia Dickson, GovTech, January 26, 2017. Article: AT&T Powers NASA's Deep Space Network, AT&T Newsroom, December 14, 2016. Article: Wilbur Ross: From 'king of bankruptcy' to face of American business by Paul Davidson, USA Today, November 30, 2016. Article: AT&T and NASA Collaborate on Drone Traffic Management System, AT&T Newsroom, November 10, 2016. Article: AT&T Agrees to Buy Time Warner for $85.4 Billion by Michael J. de la Merced, The New York Times, October 22, 2016. Article: FirstNet Makes Progress, But Cost and Quality Concerns Remain by Colin Wood, GovTech, May 18, 2016. Website: AT&T's History of Invention and Breakups, The New York Times, February 13, 2016. Article: AT&T Completes Acquisition of DIRECTV, AT&T Newsroom, July 24, 2015. Article: FirstNet: Is Opting Out an Option? by Adam Stone, GovTech, November 17, 2014. Article: FirstNet Hires Friends, Skirts Competitive Bidding by Greg Gordon, McClatchy News Service, GovTech, September 26, 2014. Article: Millions in federal emergency communications funding lost, diverted by Greg Gordon, McClatchy DC Bureau, July 14, 2014. Article: How AT&T got busted up and pieced back together by Jose Pagliery, CNN, May 20, 2014. Article: FirstNet Explained by Tod Newcombie, GovTech, April 17, 2014. Article: FirstNet: Anwsers to Key Questions by David Raths, GovTech, October 10, 2012. Article: FirstNet Board Filled by Public Safety Officials, Telecom Execs by Sarah Rich, GovTech, August 20, 2012. Article: Communications Giant: The Deal; With Cable Deal, AT&T Makes Move to Regain Empire by Seth Schiesel, The New York Times, June 25, 1998. Article: Communications Bill Signed, And the Battles Begin Anew by Edmund Andrews, The New York Times, February 9, 1996. Article: Company News; AT&T Completes Deal To Buy NcCaw Cellular by Edmund Andrews, The New York Times, September 20, 1994. Article: AT&T Buying Computer Maker In Stock Deal Worth $7.4 Billion by Eben Shapiro, The New York Times, May 7, 1991. Article: U.S. Settles Phone Suit, Drops I.B.M. Case; AT&T to Split Up, Transforming Industry by Ernest Holsendolph, The New York Times, January 9, 1982. Article: No. 1 U.S. Utility Is Investor Favorite by Gene Smith, The New York Times, November 21, 1974. References Website: FirstNet FirstNet Board Members Website: National Telecommunications & Information Administration Offices GovTrack: H.R. 3630 (112th): Middle Class Tax Relief and Job Creation Act of 2012 House Vote Senate Vote Document: FirstNet Partnership Factsheet Infoplease: Top 50 Cities in the U.S. by Population and Rank YouTube: Patreon CEO on Content Policy, Lauren Southern, and IGD YouTube: Lauren Southern: Patreon Banned My Account?? Visual References Image Source Image Source Image Source Sound Clip Sources Hearing: National Public Safety Network; Senate Commerce, Science, and Transportation Subcommittee on Communications; July 20, 2017. Witnesses: Curtis Brown: Virginia Deputy Secretary of Public Safety & Homeland Security Dr. Damon Darsey: University of Mississippi Medical Center Professor Mark Goldstein: GAO Physical Infrastructure Issues Director Chris Sambar: AT&T FirstNet, Senior Vice President Michael Poth: FirstNet CEO Timestamps & Transcripts 1:10 Sen. Roger Wicker (MS): In 2012 Congress created the First Responder Network Authority to lead the development of a nationwide interoperable public-safety broadband network in the United States. Following the communication’s failures that plagued recovery efforts during 9/11 and other national emergencies, including Hurricane Katrina, there was and still is a clear need for a reliable communications network to support the essential work of our public-safety officials. Such a network would improve coordination among first responders across multiple jurisdictions and enhance the ability of first responders to provide lifesaving emergency services quickly. 6:37 Sen. Brian Schatz (HI): With FirstNet, firefighters will be able to download the blueprint of a burning building before they enter; a police officer arriving at a scene can run a background check or get pictures of a suspect by accessing a federal law enforcement database; most importantly, emergency personnel will not be competing with commercial users for bandwidth. They will have priority on this network, which will be built and hardened to public-safety specifications. It will have rugged eyes and competitive devices and specify public-safety applications. 9:40 Curtis Brown: Last week the governor was proud to announce that Virginia was the first state in the nation to opt in to FirstNet. Virginia opted in to provide current AT&T public-safety subscribers with the benefit of priority services now at no cost to the Commonwealth, as well as the green light to build out of Virginia’s portion of the national public-safety broadband network. We believe that decision to opt in will promote competition within the public-safety communications marketplace, that will reduce costs and drive innovation across all carriers. Opting out was _____(00:31-verily) considered, but the unknown cost and risk associated with deploying and operating a network was not feasible. 19:45 Mark Goldstein: In March 2017 FirstNet awarded a 25-year contract to AT&T to build, operate, and maintain the network. FirstNet’s oversight of AT&T’s performance is very important, given the scope of the network and the duration of the contract. Among GAO’s findings in the report are the following: first, FirstNet has conducted key efforts to establish the network, namely releasing the requests for proposal for the network and awarding the network contract to AT&T. As the contractor, AT&T will be responsible for the overall design, development, production, operation, and evolution of the network. 24:35 Chris Sambar: The AT&T team that I lead is dedicated exclusively to FirstNet. I expect this group to grow to several-hundred employees by this year’s end as we hire people across the country with a broad range of skill sets to help us ramp up our network build out. Overall, AT&T expects to spend $40 billion over the lifetime of this contract and to build an operating unique, nationwide, interoperable, IP-based, high-speed mobile network, encrypted at its core, that will provide first responders priority, primary users with preemption and all other users during times of emergency and network congestion. The First Responder Network will be connected to and leverage off AT&T’s world-class telecommunications platform, valued at nearly $180 billion, including a wireless network that reaches 99.6% of the U.S. population. In addition, AT&T will support first responders 24 by 7 by 365 with a dedicated security-operation center and help desk. We will provide first responders with a highly secure application ecosystem as well as a highly competitive flexible pricing on equipment and services that they select for their unique needs. One of the most important resources that AT&T brings to bear on the new First Responder Network is our best-in-class national disaster-recovery team. We have spent more than a 130,000 working hours on field exercises and disaster-recovery deployments over the last two decades. This team combines network infrastructure, support trailers, recovery engineering-software applications, and boots on the ground filled by full-time and volunteer AT&T disaster-response team members. In order to support the First Responder Network, AT&T will increase its disaster-recovery fleet by adding 72 new custom-designed vehicles, just for the FirstNet mission. 26:55 Chris Sambar: Possibilities include near real-time information on traffic conditions, which can help determine the best route to an emergency for a first responder; wearable sensors and cameras for police and firefighters to help give them better situational awareness and camera-equipped drones and robots that will be able to deliver real-time imagery. Our FirstNet efforts are expected to create 10,000 U.S. jobs over the next two years as well as significant public-private infrastructure investment. 30:25 Michael Poth: We’ve created and delivered state plans on June 19 to 50 states, two territories, and the District of Columbia three months ahead of schedule, and as mentioned, the five governors from five great states have already opted in. None of this could be possible, though, without the public-private framework that Congress established for the FirstNet network, by leveraging private-sector resources, infrastructure, cost savings, public-private partner synergies to deploy, operate, and maintain the system. FirstNet can be now deployed quickly, efficiently, and cost effectively. 36:10 Sen. Roger Wicker (MS): Dr. Darsey mentioned that the Mississsippi wireless communications commission has expressed concerns about FirstNet’s commitment to hardening the network. You mentioned this in your testimony, the need for FirstNet infrastructure to be hardened. Can you discuss why that’s important, and is it more important in the rural areas, and also, in your experience, how do broadband needs differ between urban and rural communities with respect to providing emergency medical services? Dr. Damon Darsey: Sure. Thanks for the question. I’ll give you an example. Couple years ago we had a tornado, as you well remember, that took out a hospital in the northeast part of our state. And the medical center has got a pretty robust program to respond to that, and we did. The challenge in that was it took out a couple of commercial towers, but it did not, after a fairly close hit, take out one of our hardened public-safety communication towers. What that did for us is we lost all ability to communicate data out of that area, which was vital in moving and evacuating the hospital, nursing home, and recovering the people that were there. That’s the piece that is the concern that I think we share, all of us here, of how do we make that as hardened as possible. In terms of rural and urban, from a medical perspective we can do a lot more, as our team is showing in Mississippi and other states, if we know about the patient well before they get close to a hospital. If we can reach out and touch the stroke patient in the middle of the Mississippi Delta, we can dramatically increase their chances of survival and meaningful use after arrival to the hospital. Currently, we’re doing that over radio, and it’s working really well, but now imagine that in the rural areas. In urban areas, it’s vital in the medical world, but here we’re five minutes from multiple hospitals. Now take that as a 45 or 50 minutes away, and what we can do with broadband data in that time is truly life saving and saving of healthcare dollars. There’s a nexus here that FirstNet can combine both of those. 41:00 Michael Poth: Numerous bids were in, and they were analyzed with a great level of detail, and through that process that the Department of Interior assisted us with as the acquisition experts, AT&T came out as the prevailing solution and prevailing company provider. Sen. Bill Nelson (FL): The question is why. Poth: Well, the value that they’re bringing with their existing infrastructure, their ability and size, their financial sustainability to be able to take on something of this nature, and their lowest-risk approach to implementing this in the shortest time was truly some of the value propositions that made them more competitive than some of the other bids that were analyzed. 42:13 Chris Sambar: The initial RFP that FirstNet released contemplated building out a public-safety broadband network using just band class 14, and we responded accordingly. But through discussions, we decided we would extend it beyond just the band class 14, which is the spectrum that was allocated for first responders in 2012. We said we would open up all of the spectrum bands within AT&T. So, essentially, what that means is the day that a state opts in, they have immediate access to AT&T’s entire network, all spectrum bands, and they will see the benefits of FirstNet on all spectrum bands, all wireless towers, from AT&T that are LTE enabled. So I think that’s a tremendous benefit that FirstNet was not expecting when they contemplated the original RFP. But when we brought that, I think they were very pleased with that, and that helped us. Sen. Bill Nelson (FL): So, you’re going to have a level playing field for all device manufacturers. Sambar: Absolutely, sir. 43:15 Sen. Bill Nelson (FL): There must have been some folks in Virginia that suggested that you opt out of the network and chart your own path. Tell me the benefits to Virginia’s first responders of the governor’s decision to opt in. Curtis Brown: Thank you, Senator. The decision to opt in was really based on looking at the benefits that comes with opt in, the immediate priority and preemption services that would come for those who are subscribers to the network. And a major thing, Senator, is to the fact that it comes at no cost to the Commonwealth. We have been disproportionately impacted by sequestration and other aspects—the governor had to close a 300-million-dollar budget deficit—and so looking at the cost it would take to build a network and sustain it, it just was not feasible. 47:45 Chris Sambar: We initially envisioned, when we launched the State Plan portal on June 19, that we would have roughly 50 user IDs and passwords per state. That would be 50 individuals who would access the portal. We immediately got feedback that states wanted more, and we are offering more. So, we have a state right now, as a matter of fact, 227 login and user IDs have been issued. So, it shouldn’t be an issue for a state if they have additional people. The only requirements we have, Senator, is that, as Mr. Poth said, that it’s an official email address, somebody in the state who works for the state— Unknown Senator: Right. Sambar: —or an authorized consultant. Either of those is fine. We just don’t want, like, a @gmail, @hotmail, someone that we don’t know who they are. Unknown Senator: Right, okay. 53:14 Michael Poth: How do the states hold us accountable? As FirstNet shifts gears from developing a proposal and making an award, for the next 25 years we are going to be in a position to work with the states, continuous and public safety in all of those states, to make sure that all of their expectations, both from the State Plans and in the future, are being met and translated. If appropriate, we back into contractual actionable items. Or if AT&T, for example, is not meeting the requirements or the expectations, FirstNet will, on behalf of public safety and those states, enforce the terms of the contract. 54:55 Michael Poth: Canada is using the same exact spectrum that we’ll be utilizing with AT&T, so there’s a lot of synergies. We’ve spent a great deal of time coordinating and comparing notes with Canada and the public-safety entities in that country as to what we’re doing so that there is the inoperability between the countries will also be realized. 1:08:50 Chris Sambar: So we have had a number of states as well as federal agencies we’ve been in communication with, and some of the states have been very direct that they’re interested us putting our LTE equipment on state-, city-, municipal-owned assets. That would give them the benefit of revenue from AT&T through a lease agreement. It would also give us a benefit of being able to build out the network faster. 1:24:20 Michael Poth: AT&T’s already been doing this, as mentioned, for years with their fleet of 700 deployables. Now with the 72 dedicated, which are much smaller units which is going to give us the ability to maybe get those into areas that are a little tougher to get to, we’re very excited about that. That is an absolute addition to the solution that we’re going to be able to bring to public safety quickly. 1:25:50 Chris Sambar: So, we will be building out band class 14 over the coming five years across a significant portion of our network. In the meantime, before band class 14 is built out, we will be using our commercial network. There are requirements in the contract with FirstNet over how quickly we need to build out band class 14, and we have to hit those milestones in order to receive the payments due to us from FirstNet. If we don’t hit those milestones, we don’t receive the payments, so we will be aggressively building out band class 14 for first responders. Again, in the meantime, they will have access to all of AT&T’s bands. So to say it simply, if you are a first responder, Senator, you will not know whether you’re on band class 14 or any other AT&T band, but you will have the exact same experience regardless of what band you are on on AT&T network. Sen. Roger Wicker (MS): Your position isn’t the service that’s provided, and the consumer and the public-safety user, to them it will be immaterial where it’s coming from. Sambar: The way I like to say— Exactly. The way I say it is this: public safety has been told for many years that the magic of FirstNet happens on band class 14, and we’ve changed that. That’s not correct anymore. The magic happens on the AT&T network period, and it doesn’t matter where you are, you’re going to have the exact same experience. So we’ve extended it far beyond the band class 14 to our entire network. Wicker: Will you build out the class 14 spectrum only where it is economically viable, or will you build it out where there is written requirement in the arrangement between you and FirstNet? Sambar: We are building band class 14 where we need the capacity in our network. So in order to provide priority and preemptive services to first responders and have enough capacity for everyone that’s on the network, including the first responders, there are places where we will need additional capacity; that’s where we’re building— Wicker: And you will determine that need. Sambar: AT&T, based on capacity triggers—obviously, we’ve been doing this for a long time—based on capacity triggers that we see in the network, we build out band class 14 as additional capacity on individual—and this is done on a tower-by-tower basis. 1:28:00 Sen. Roger Wicker (MS): Are you able to say what approximate percentage of the lower 48 landmass will be covered by band class 14 build out? Chris Sambar: Unfortunately, I am not, Senator. That’s proprietary between FirstNet and AT&T. I would say, again, it’s a significant portion, though. Wicker: Can you be more specific than “significant”? Sambar: That would be proprietary, Senator. I apologize. Wicker: And what makes it proprietary? Sambar: The specific details of the contract between FirstNet and AT&T. There’s a number of specific details that are proprietary, Senator. Wicker: That is proprietary and not available to the public— Sambar: That’s correct, Senator. Wicker: —or to the Congress. Sambar: That’s correct, Senator. 1:29:35 Sen. Roger Wicker: Then in terms of this coverage, which you said really shouldn’t matter what band it’s coming over— Chris Sambar: Mm-hmm. Wicker: —are you able to say what percentage of the lower 48 landmass will be covered in one way or the other? Sambar: One way or the other? Wicker: Yes. Apart, of course, from the deployables. Sambar: So, 99.6% of the U.S. population will be covered by AT&T’s network. 1:39:05 Chris Sambar: The vast major—as we understand it, based on our research and FirstNet’s research—the vast majority of firefighters, for example, are not issued devices for their daily use at work, especially volunteer firefighters. Greater than 70% of police officers are in the same situation: they are not provided a device. They’re using their personal devices. We are going to make available the FirstNet network to all of those first responders, regardless of whether you’re a volunteer, whether your agency provides you a device, or whether you bring your own personal device. They will have access to the FirstNet network. Once we can verify their credentials and ensure that we have the right people on the network, they will have access to all of those features and benefits, and it will come at a significantly lower price than they’re paying today for their personal or commercial service. So it’s a tremendous benefit to all first responders. 1:39:55 Sen. Roger Wicker (MS): On user fees, will they cost the same for all network users, or will they vary by regions, public-safety agencies, or states? Chris Sambar: It’s difficult to answer because there are different use cases, so it depends. If you’re a large department and you want unlimited data and you have a number of applications that you want preinstalled on the device and you have mobile-device management software, that would be one use case. There may be a rural department that wants to connect body cameras and dashboard video camera from a police department. It will depend on the use case. Wicker: So it’s use case and not regions and states. Sambar: That’s correct, sir. Wicker: That would be the variable. Sambar: That’s correct. Hearing: Public Safety Communications; House Committee Subcommittee on Telecommunications and the Internet, September 29, 2005. Witnesses: David Boyd: Homeland Security Dept SAFECOM Program Director Timothy Roemer: Member of the 9/11 Commission, Director of the Center for National Policy Art Botterell: Emergency Information Consultant Timestamps & Transcripts 30:44 David Boyd: Interoperability’s not a new issue. It was a problem in Washington, D.C. when the Air Florida flight crashed into the Potomac in 1982, in New York City when the Twin Towers were first attacked in 1993, in 1995 when the Murrah Building was destroyed in Oklahoma City, and in 1999 at Columbine. Too many public-safety personnel cannot communicate by radio, because their equipment is still incompatible, or the frequencies they are assigned to are different and they haven’t got bridging technologies available. They operate on 10 different frequency bands, and they run communication systems that are often proprietary and too often 30 or more years old. Over 90% of the nation’s public-safety wireless infrastructure is financed, owned, operated, and maintained by the more than 60,000 individual local jurisdictions—police, fire, and emergency services—that serve the public. 1:43:00 Timothy Roemer: Let me give you a couple examples of what the 9/11 Commission found as to some of these problems. We found all kinds of compelling instances of bravery and courage, people going into burning buildings and rescuing people. They might have rescued more. We might have saved more of the fire department chiefs, officers, police officers, emergency personnel, if they would have had public-radio spectrum to better communicate. At 9:59 in the morning on 9/11 four years ago, a general evacuation order was given to firefighters in the North Tower. The South Tower had collapsed. A place that held up to 25,000 people had been diminished to cement, steel, and ash. The people, then, in the North Tower, many of the chiefs in the lobby, didn’t even know that the other tower had collapsed, or else they might have been able to get more people out more quickly. We had comments from people saying such things as, we didn’t know it had collapsed. Somebody actually said, Mr. Chairman, that people watching TV had more information than we did in the lobby on 9/11 in the North Tower. People on TV in Florida or California knew more than our first responders on site in New York City. 1:45:10 Timothy Roemer: Mr. Chairman, then we had a disaster happen in the southern part of our country in New Orleans where we had other communication problems. In New Orleans, there’re three neighboring parishes were using different equipment on different frequencies. They couldn’t communicate. We had National Guard in Mississippi communicating by human courier, not by radio frequencies; and we had helicopters up in the air looking at our own citizens on the roofs of their homes in New Orleans, screaming and yelling for help, but they couldn’t talk in the helicopters with the boats in the water to try to find out who was rescued, who wasn’t, and who needed help. 1:55:45 Art Botterell: Third, we can no longer afford to rely on vendor-driven design of our emergency-communications infrastructure. Businesses are responsible for maximizing shareholder value, not for protecting the public welfare. We need independent sources of information and planning for our future emergency infrastructure lest we continue to get updated versions of the same old thing. Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Cover Art Design by Only Child Imaginations
Just weeks ago, Straight Path Communications was an obscure telecommunications company with a $400 million market capitalization. Today, it has a equity valuation of about $3 billion, and it's only climbing higher. What happened? A bidding war between AT&T and Verizon, according to people familiar with the matter. Bloomberg Gadfly columnist Tara Lachapelle and Bloomberg wireless reporter Scott Moritz explain why Verizon is forcing AT&T to pay top dollar for a little-known owner of wireless licenses and airwaves.
Round and round it goes, and where will it stop? Nobody knows! Spin the wheel of telecom M&A. Will it match T-Mobile and Sprint? T-Mobile and Dish? Verizon and Dish? Verizon and Charter? Comcast and Charter? Or something else entirely? More than a year has passed since these companies were allowed to discuss merging, a byproduct of the government's wireless spectrum auction. That all ends April 27, when the anti-collusion quiet period concludes. Will the telecommunications world see major changes? Bloomberg reporters Scott Moritz and Gerry Smith discuss with host Alex Sherman.
The Department of Justice Evaluation of Corporate Compliance Programs states, in Prong 10, Third Party Relationships: Management of Relationships – How has the company considered and analyzed the third party’s incentive model against compliance risks? How has the company monitored the third parties in question? How has the company trained the relationship managers about what the compliance risks are and how to manage them? How has the company incentivized compliance and ethical behavior by third parties? If you do not manage the relationship it can all go downhill very quickly and you might find yourself with a potential FCPA violation. Now the DOJ has explicitly adopted this approach as a key determination of whether you have operationalized your compliance program. There are several different ways that you should manage your post-contract relationship. Relationship Manager There should be a Relationship Manager for every third party which the company does business with through the sales chain. The Relationship Manager should be a business unit employee who is responsible for monitoring, maintaining and continuously evaluating the relationship between your company and the third party. Some of the duties of the Relationship Manager may include: Point of contact with the Third Party for all compliance issues; Maintaining periodic contact with the Third Party; Meeting annually with the Third Party to review its satisfaction of all company compliance obligations; Submitting annual reports summarizing services provided by the Third Party; Assisting the company’s compliance function with any issues with respect to the Third Party. The Relationship Manager can be the Business Sponsor who prepared the Business Rationale discussed on Day 17. By using the Business Sponsor as the Relationship Manager, your company will further operationalize compliance by continuing to have the business unit lead the front-line relationship, communications and contact with the third party. As noted compliance commentator Scott Moritz has said, “This puts the onus on each stakeholder.” Compliance Professional Just as a company needs a subject matter expert (SME) in anti-bribery compliance to be able to work with the business folks and answer the usual questions that come up in the day-to-day routine of doing business internationally, third parties also need such a resource. A third party may not be large enough to have its own compliance staff so any company using third party representatives should provide a dedicated resource to third parties. This will not create a conflict of interest nor are other legal impediments to providing such services. They can also include anti-corruption training for the third party, either through onsite or remote mechanisms. The compliance practitioner should work closely with the relationship manager to provide advice, training and communications to the third party. Third Party Oversight Committee A Third Party Oversight Committee further operationalizes compliance. It review all documents relating the full panoply of a third party’s relationship with a company. It can be a formal structure or some other type of group but the key is to have the senior management put a ‘second set of eyes’ on any third party who might represent a company on the sales side. In addition to the basic concept of process validation of your management of third parties, as third parties are recognized as the highest risk in anti-corruption compliance, this is a manner to deliver additional management of that risk. After the commercial relationship has begun the Third Party Oversight Committee should monitor the third party relationship on no less than an annual basis. This annual audit should include a review of remedial due diligence investigations and evaluation of any new or supplement risk associated with any negative information discovered from a review of financial audit reports on the third party. The Third Party Oversight Committee should review any reports of any material breach of contract including any breach of the requirements of the Company Code of Ethics and Compliance. In addition to the above remedial review, the Third Party Oversight Committee should review all payments requested by the third party to assure such payment are within the company guidelines and are warranted by the contractual relationship with the third party. Lastly, the Third Party Oversight Committee should review any request to provide the third party any type of non-monetary compensation. Audit A key tool in operationalizing the relationship with a third party post-contract is auditing the relationship. You should secured audit rights, as that is an important clause in any compliance terms and conditions. Your audit should be a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which your compliance terms and conditions are followed. Noted fraud examiner expert Tracy Coenen described the process as one to (1) capture the data; (2) analyze the data; and (3) report on the data, which is also appropriate for a compliance audit. As a base line, any audit of a third party include, at a minimum, a review of the following: the effectiveness of existing compliance programs and codes of conduct; the origin and legitimacy of any funds paid to Company; books, records and accounts, or those of any of its subsidiaries, joint ventures or affiliates, related to work performed for, or services or equipment provided to, Company; all disbursements made for or on behalf of Company; and all funds received from Company in connection with work performed for, or services or equipment provided to, Company. Three Key Takeaways Management of the third party relationship is the key step in determining the effectiveness of your compliance program in this risk area. By using non-compliance functions, such as the Business Sponsor or Relationship Manager you more fully operationalize your compliance program. Never forget to put a second set of eyes on all third party relationships. This month’s podcast series is sponsored by Oversight Systems, Inc. Oversight’s automated transaction monitoring solution, Insights On Demand for FCPA, operationalizes your compliance program. For more information, go to OversightSystems.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Here's what we know: Verizon Chief Executive Officer Lowell McAdam asked Liberty Media CEO Greg Maffei to discuss acquiring Charter Communications, the $100 billion U.S. cable provider that bought Time Warner Cable last year. Liberty is Charter's largest shareholder. The government's ongoing wireless spectrum auction forbids Verizon from speaking directly to Charter until March, according to people familiar with the matter. We also know Verizon is contemplating more than a dozen purchases -- both large and small -- now that Donald Trump has become U.S. president. Trump-appointed regulators may be more likely to allow telecommunications megadeals than Obama's administrators. Still, Charter may not be Verizon's top takeover choice. Bloomberg wireless reporter Scott Moritz and media reporter Gerry Smith discuss the art of the deal and the art of the possible with host Alex Sherman.
Former agent Scott Moritz served with the FBI for nearly ten years. During his time in the Bureau, he focused on white collar crime, domestic and international corruption and money laundering investigations. While assigned to the New York Division, he was on an Asset Forfeiture Squad where he conducted parallel financial investigations alongside agents working organize crime and drug cases. He was responsible for locating the targets' assets, including real estate, bank accounts, investments and personal property items. In this episode of FBI Retired Case File Review, Scott is interviewed about an asset forfeiture investigation he worked involving a Long Island waste hauler with ties to New York LCN families. He explains how seized documents revealed the connection between the mob guys, garbage men and illegal asset. Since leaving the FBI, Scott has worked with a variety of organizations, government and regulatory agencies to identify, triage, investigate and remediate a wide variety of risks and complex financial crimes. Currently, he is a global leader for Protiviti Forensic and Managing Director in Protiviti’s New York office.
For our 50th episode extravaganza, you get two deals for the price of one (which is nothing!). CenturyLink is buying Level 3 for $34 billion in cash and stock, including debt. Surprised Level 3 is so big? We were too. Bloomberg Gadfly columnist Tara Lachapelle and telecom reporter Scott Moritz explain the businesses of CenturyLink and Level 3 and why a merger makes sense, although maybe not at $34 billion. Plus, Gannett's attempt to buy Tronc has officially failed. Bloomberg Gadfly columnist Brooke Sutherland joins host Alex Sherman once more to shake their heads at the name Tronc...and talk about why the deal failed.
First, Verizon bought AOL for $4.4 billion. This week, the largest U.S. Wireless provider acquired Yahoo's Internet business for $4.8 billion. The deal makes Verizon the third-largest digital advertising company by revenue, far behind Google and Facebook. Verizon isn't content to stay number three, and that means there may be more acquisitions to come after Yahoo is integrated. What might Verizon buy next? And is it fair to say Marissa Mayer was a failure as Yahoo CEO? Bloomberg wireless reporter Scott Moritz and Bloomberg technology executive editor Tom Giles discuss with host Alex Sherman.
Verizon is the frontrunner to acquire Yahoo. But what will the largest U.S. wireless company do with it? Bloomberg telecom reporter Scott Moritz and Deal of the Week host Alex Sherman decide it's all about mobile video... they think. Plus, Bob Teitelman discusses his new book "Bloodsport," which details the characters that developed modern M&A, including Marty Lipton, Felix Rohatyn, Michael Milkin and Joseph Flom. It's a must-read for avid listeners of the podcast.