This Week in FCPA-Episode 70

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories, including: 

1. The DOJ announces a major criminal case which rocked the world of college athletics, involving pay for shoes scandal. See article by Michael McCann in Sports Illustrated. See article by Mark Schlabach on ESPN.com. Sam Rubenfeld looks at the corruption in college sports angle in the WSJ Risk and Compliance Journal.
2. Consumer product sellers need to check the SDN list before a sale? Before shipping? If you are Cartier jewelers, yes, according to SEC enforcement action. See article by Dick Cassin in the FCPA Blog.
3. Alere settles FCPA and accounting fraud SEC enforcement action. Dick Cassin reports in the FCPA Blog. See copy of SEC Cease and Desist Order.
4. McKinsey reminds us that a promise to pay can be a FCPA violation as its imbroglio in South Africa continues. See article Tom’s article in Compliance Week.
5. Todd Haugh, an assistant professor of business law and ethics at Indiana University, wrote in the most recent issue of the MIT Sloan Management Review that even best practices compliance program fail to take into account behavioral best practices and one important but too often overlooked key to strengthening both individual and overall corporate behavior is eliminating rationalizations. See Tom’s blog post in the FCPA Blog.
6. Uber loses it license in London and for the first time an Uber CEO apologizes for the company’s unethical behavior. Prashant S. Rao and Amie Tsang reports in the New York Times.
7. After the Equifax breach comes news the SEC was hacked. Joe Mont reports in Compliance Week. Matt Kelly reports on SEC Chairman Jay Clayton’s testimony before Congress on this and other subjects this week in Radical Compliance.
8. Jose Altuve reaches 200 hits for fourth straight season, becoming on the 4th Second Baseman to do so. He has also clinched the AL top hitter for the 3rd time in four years. Is an MVP far behind. Cubs clinch and Red Sox magic number is 1, having been stomped by the Astros 12-2 last night.
9. Join Tom’s monthly podcast series on One Month to a More Effective Compliance Program. In October, I will consider compliance with business ventures such as in the M&A context, joint ventures, distributors, channel ops partners, teaming agreements and all other manner of business venture. The first week I take a deep dive in M&A under the FCPA. This month’s sponsor is the Volkov Law Group. It is available on the FCPA Compliance Report, iTunes, Libsyn, YouTube and JDSupra.
10. The Jay Rosen weekend report preview.