The FCPA Compliance Report is the longest running podcast in compliance. This summer, the Compliance Podcast Network posted its 1000thpodcast in its catalogue. The FCPA Compliance Report is the most senior podcast in this network. To commemorate this event, I am featuring a five-year retrospective for the topic of each podcast. In each podcast, I consider where we were, where we are now and where we will be going in the next five years.

In the Episode, I visit with podcast favorite Mike Volkov and we consider FCPA enforcement and compliance programs over the past five years and where it may be going in the future. In this podcast we discuss:

1. How the 2012 FCPA Guidance was one of the seminal releases of information by prosecutors and regulators.
2. The Ten Hallmarks of an Effective Compliance provide all compliance practitioners with information needed to design, create and implement a best practices compliance program.
3. The DOJ and SEC have continually listened to the concerns of businesses and compliance practitioners over the past 5 years in formulating enforcement policies.
4. The DOJ telegraphed its enforcement priorities through its enforcement actions.
5. The 2017 FCPA Corporate Enforcement Policy was the culmination of this journey.
6. Compliance professionals should use data to demonstrate effectiveness and continuous improvement of their compliance programs.

In this podcast series, I visit with Vin DiCianni, founder and President of Affiliated Monitors, Inc. (AMI) and Eric Feldman, Senior Vice President of AMI. We consider the global view of ethics, compliance and corporate culture of non-US companies, outside the US; in both their home countries and in other countries. AMI does independent integrity monitoring in multiple countries outside the US and for many non-US organizations.

AMI's work has given them a unique vantage point to observe developments. AMI has a long history of working with internationally based companies. It is therefore well positioned to observe some of the challenges for monitors working internationally. In this concluding Part V, I discuss some of the challenges for monitors in the international arena with Feldman.

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.

In this podcast series, I visit with Vin DiCianni, founder and President of Affiliated Monitors, Inc. (AMI) and Eric Feldman, Senior Vice President of AMI. We consider the global view of ethics, compliance and corporate culture of non-US companies, outside the US; in both their home countries and in other countries where. AMI does independent integrity monitoring in multiple countries outside the US and for many non-US organizations. This work has given them a unique vantage point to observe developments. In this Part IV, I discuss the changing face of monitors in the international arena with DiCianni.

I conclude in the final episode with thoughts on proactive and reactive monitorships in the international context. 

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.

In this podcast series, I visit with Vin DiCianni, founder and President of Affiliated Monitors, Inc. (AMI) and Eric Feldman, Senior Vice President of AMI. We consider the global view of ethics, compliance and corporate culture of non-US companies, outside the US; in both their home countries and in other countries. AMI does independent integrity monitoring in multiple countries outside the US and for many non-US organizations. This work has given them a unique vantage point to observe developments. In this Part III, I discuss trends in ethics and compliance programs in Spain with DiCianni.

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.

In this podcast series, I visit with Vin DiCianni, founder and President of Affiliated Monitors, Inc. (AMI) and Eric Feldman, Senior Vice President of AMI. We consider the global view of ethics, compliance and corporate culture of non-US companies, outside the US; in both their home countries and in other countries. AMI does independent integrity monitoring in multiple countries outside the US and for many non-US organizations. This work has given them a unique vantage point to observe developments. In this Part II, I discuss international enforcement trends with Feldman. 

In the next episode we consider the changes going on in the country of Spain.

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.

In this podcast series, I visit with Vin DiCianni, founder and President of Affiliated Monitors, Inc. (AMI) and Eric Feldman, Senior Vice President of AMI. We consider the global view of ethics, compliance and corporate culture of non-US companies, outside the US; in both their home countries and in other countries where they do business. AMI does independent integrity monitoring in multiple countries outside the US and for many non-US organizations. This work has given them a unique vantage point to observe developments. In this Part I, I visit with Vin DiCianni on the trends he sees in the global arena around ethics, compliance and monitoring.

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.

NOVEMBER 12, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• What happens when an industry has too much hubris? (Bloomberg)
• Will the new Chairman help anything at Tesla?(Wall Street Journal)
• Still smoky for college basketball after 1stcorruption trial. (StarTribune)
• More (very) bad news for Goldman Sachs. (Wall Street Journal)

Goldman Sachs has a very bad week, most particularly around its role in the 1MDB scandal. Tom and Jay consider that story and look at some of the week’s top compliance and ethics stories. 

1. Malaysian officials call for Goldman Sachs to return the $600MM profits it made on the 1MDB bond sales. Stephania Palma reports in the Financial Times. (sub req’d) Goldman Sachs reserves up to $1.8bn to pay for the scandal. Sam Rubenfeld reports in the WSJ Risk and Compliance Journal. Tom has a 3-part series on the matter. Part I-background facts in the guilty plea and indictments, Part 2-the bribery and money-laundering schemes and Part 3-what does it all mean for compliance professionals.
2. New academic reports shows better whistleblower programs save companies money. For the full report, click here. Matt Kelly has two posts on Radical Compliance (here and here). Tom blogs about it on the FCPA Compliance and Ethics Blog.
3. What happens when a compliance professional is not up for the job. David Crow looks at a FCA investigation in the Financial Times. (Sub req’d)
4. Who is Responsible for Ethics? Marsha Ershagahi Hames explains in LRN’s Blog.
5. Did the Hoskinsdecision change any requirements around due diligence on intermediaries or other third-parties? Eric Lochner opines in the FCPA Blog.
6. Does the recent Stryker FCPA enforcement action change the requirements for per diem expense reimbursements? Kyden Creekpaum writes in the FCPA Blog.
7. Does a Golden Passport portend corruption? Dick Cassin explores in the FCPA Blog.
8. Magistrate recommends PdVSA suit alleging recoupment of bribery proceeds by tossed. Carol Balado reports in com. (sub req’d)
9. Is the (SEC) glass half-full or half-empty? In half-full article, FCPA Unit head says more industries about to be sweep. Ryan Barber in com (sub req’d) In the half-empty department, Co-Director of Enforcment, Stephanie Akavian says its impact, not numbers that matter (meaning the numbers are way down). Francine McKenna reports in MarketWatch.
10. Ever wonder how a SEC investigation begins? Dan Portnov explains it all on Grand Jury Target.
11. Looking for the top training on how to operationalize your compliance program? Tom announces a new Compliance Master Class to be held in NYC November 12 & 13, hosted by Jonathan Marks and Baker Tilly. For agenda, more information and registration details click here.
12. Tom premiers new podcast offering, the Daily Compliance News on the Compliance Podcast Network. Have cup of coffee and catch up on the day’s top compliance stories with the Compliance Evangelist. 

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.

NOVEMBER 9, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• What happens when the regulators question your tech solutions? (Wall Street Journal)
• Are Chinese companies being targeted for FCPA prosecutions?(FCPA Blog)
• KPMG (finally) begins to address conflicts of interest. (Financial Times)
• In the wake of a massive employee walkout, Google modifies its company policies around harassment. (New York Times)

In this episode of Across the Board, I visit with Doreen Lilienfeld. She is a partner at Shearman & Sterling in New York. Today we visit on the firm’s Shearman & Sterling Annual Corporate Governance & Executive Compensation Survey.  Some of the topics we discuss are:

• What is the Shearman & Sterling Annual Corporate Governance & Executive Compensation Survey?
• Why should Boards of Directors be concerned with corporate culture?
• What is corporate culture?
• What are some corporate culture red flags?
• Why is corporate culture a company asset?
• What are some indicia of a health corporate culture?
• How does a Board work to institutional corporate culture oversight?
• How should a Board work through or think through its role in oversight?

To review the Shearman & Sterling Annual Corporate Governance & Executive Compensation Survey, click here.

NOVEMBER 8, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• Malaysian officials call for Goldman Sachs to return the $600MM profits it made on the 1MDB bond sales. (Financial Times)
• Did the Hoskins decision change due diligence requirements?(FCPA Blog)
• How will the rest of the world deal with new US sanctions on Iran? (Wall Street Journal)
• Compliance executive under investigation from FCA for lack of expertise. (Financial Times)

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly and I take a deep dive into the recently announced reorganization of the Michigan State University compliance function, rolling it into the newly created Office of Audit, Risk, and Compliance.  

Some of the highlights from this podcast are:

1. Does MSU interim President John Engler get compliance?
2. What is the role of a CCO at a major state university?
3. Does rolling compliance under internal audit demonstrate a adherence to or lack of commitment to compliance?

For more see Matt’s blog post, Michigan State Reorgs Compliance Again

NOVEMBER 7, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• Changes at the top of Danske bank as the Chairman of the Board resigns. (Financial Times)
• Strip clubs off the approved employee expense reimbursement at Under Armor.(Wall Street Journal)
• What are per deim expenses and why do you need to be concerned about them? (FCPA Blog)
• Flight risk or spend-thrift? First person to receive UWO arrested in London. (BBC online)

NOVEMBER 6, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• Are new industries about to be hit with FCPA enforcement actions. (National Law Journal)
• Shocking news-corruption still ongoing in emerging markets. (Devdiscourse)
• Does a Golden Passport portend corruption? (Wall Street Journal)
• In SEC enforcement is it quantity or quality which matters? (MarketWatch)

In this episode I visit with Jonathan Armstrong and we update the current status of Privacy Shield in EU, US and UK. On both sides of the Atlantic, Privacy Shield is still a topic of hot conversation. Some of the highlights are: 

1. What is the current status of Privacy Shield?
2. How has the Trump Administration responded to Privacy Shield?
3. Will the EU move forward without American support?
4. How does Max Schrems view Privacy Shield?
5. What is the current state of litigation involving Privacy Shield?
6. What does all of this mean for US companies, trying to get data out of the UK and EU?

For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

In this episode I visit with Jonathan Armstrong and we update the current status of Privacy Shield in EU, US and UK. On both sides of the Atlantic, Privacy Shield is still a topic of hot conversation. Some of the highlights are: 

1. What is the current status of Privacy Shield?
2. How has the Trump Administration responded to Privacy Shield?
3. Will the EU move forward without American support?
4. How does Max Schrems view Privacy Shield?
5. What is the current state of litigation involving Privacy Shield?
6. What does all of this mean for US companies, trying to get data out of the UK and EU?

For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

In this episode, I visit with James Koukios, a partner at Morrison and Foerster in Washington DC. Koukios is a former prosecutor from the Department of Justice who worked in the FCPA Unit. He is back to discuss the firm’s monthly newsletter the Top 10 International Anti-Corruption Developments for August 2018. In this podcast we discuss:

1. How each month’s newsletter is produced, what goes into it and how topics and issues are generated.
2. The declination with disgorgement received by the Insurance Corporation of Barbados Limited given
3. There were three declinations discussed in the newsletter: (a) Guralp Systems Limited; (b) Hertz; (c) Electrobras; and (d) Sinotec Biovac. We briefly discuss each case and then the overall themes or lessons to be learned from them collectively;
4. The case that keeps on giving and going-PdVSA. We discuss the month’s indicments and prosecutions.
5. The 1MDB prosecutions and why every US company involved with 1MDB or the prior Malaysian government needs to scrub their operations and interactions with them now to determine if there were any suspicious payments.
6. The Hoskinsdecision. What are the implications of this case for the compliance practitioner, white collar defense lawyer and in-house compliance professional.
7. The incentives the Justice Department has given to companies to come in self-disclose FCPA violations under the Sessions administration.

To see the firm’s Top 10 International Anti-Corruption Developments for August 2018, click here.

NOVEMER 5, 2018 BY TOM FOX

In today’s edition of Daily Compliance News:

• Corruption allegations throw Sri Lanka into turmoil. (New York Times)
• New academic paper shows the ROI on robust whistleblower program. (Navex Global)
• SEC levied nearly $4bn in fines for last fiscal year. (Wall Street Journal)
• Head of Australian Cricket resigns after scathing report on ball tampering scandal. (BBC)

In today’s edition of Daily Compliance News:

• Maryland football coach DJ Durkin fired one day after Systems Board of Regents reinstated him. (New York Times)
• Big news in the 1MDB scandal. Tim Leissner pleads guilty. Roger Ng and Jho Low are indicted. (FCPA Blog)
• New study shows the monetary cost for reputational damages. (WSJ Risk and Compliance Journal)
• Leslie Caldwell and Christopher Ting aver compliance is still critical to the DOJ. (Law360)
• Adventures in Compliance looks at Sherlock Holmes as a teacher. (Compliance Podcast Network)

The Boston Red Sox thrashed the LA Dodgers in World Series, bringing the trophy back to Boston for the 4th time in 15 years. What’s it like to support such a loveable winner? Jay shares some of the secrets as the lads look at some of the week’s top compliance and ethics stories.

1. What are some of the lessons from the Boston Red Sox World Series win for the compliance practitioner. Joe Mont considers in Compliance Week. (sub req’d)
2. Maryland football coach is reinstated by the Board of Regents, then fired the next day by the school’s President. What does it all mean? See reports in the New York Times, Sports Illustratedand ESPN.
3. Cognizant sets aside $28 million for FCPA settlement. Kelly Swanson reports in GIR (sub req’d)
4. Wal-Mart settles shareholder action over FCPA matter. Could full resolution be close? Sarah Nassauer reports in the WSJ.
5. GIR announces the top investigative firms and doles out awards to at its 4thannual awards dinner. See here.
6. How much does a reputational hit impact the bottom line. Mengqi Sun explores on the WSJ Risk & Compliance Journal.
7. Is Michigan State serious about compliance? Matt Kelly explores more changes at the troubled university in Radical Compliance.   
8. More sentences in the ongoing PdVSA corruption scandal. Sam Rubenfeld details this week’s guilty pleas for corruptionand money laundering. All in the WSJ Risk and Compliance Journal.
9. In a rare anti-corruption sting, a US business is indicted for offering bribes to a Haitian government official. Sam Rubenfeld reports in the WSJ Risk & Compliance Journal. Harry Cassin weighs in on the FCPA Blog.
10. Is compliance still critical to the DOJ?Leslie Caldwell and Christopher Ting provide an emphatic yes in aLaw360 (sub req’d)
11. Big news in the 1MDB scandal. Ex-Goldman banker Tim Leissner pleadsguilty to FCPA and AML violations, ex-Goldman banker Roger Ng is indictedfor FCPA and AML violations. Finally the big kahuna himself Jho Low is indicted. Dick Cassin reports in the FCPA Blog. Nicole Hong, Liz Hoffman and Bradley Hope report in the Wall Street Journal.
12. Looking for the top training on how to operationalize your compliance program? Tom announces a new Compliance Master Class to be held in NYC November 12 & 13, hosted by Jonathan Marks and Baker Tilly. For agenda, more information and registration details click here.
13. Want to attend a top compliance conference but have no travel budget? Navex Global has the answer for you with its virtual conference. Check out details and registration here.
14. Tom premiers new podcast offering, the Daily Compliance News on the Compliance Podcast Network. Have cup of coffee and catch up on the day’s top compliance stories.
15. Interested in the intersection of Sherlock Holmes and compliance? Check out the podcast series Adventures in Compliance. This week’s offerings: A Study in Scarlet and Exercising Power; the Valley of Fear and Virtual Teams; The Hound of the Baskervilles and 90 Days to Innovation; Sherlock Holmes as a Teacherand the Sign of Four and Innovation.

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.

In this episode of Across the Board, I visit with Amii Barnard-Bahn.  She is a strategic advisor to Boards of Director and executive coach to many C-Suite members. She specializes in accelerating the success of C-Suite executives and partners with leaders and teams to help scale their business. She has shaped company culture and strategic initiatives as an executive at Fortune 20 companies, smaller businesses and nonprofits, leading multiple functions; including Human Resources, Legal, IT, Communications, and Compliance. Today’s topic is the Board’s failures at Theranos and how they helped lead to the demise of the company. 

 Some of the topics we discuss are:

• • Where can you begin to enumerate the Board failures?
  • What type of Board Chair is needed to make the Board truly independent?
  • Why a compliance professional needs to be named to the Board.
  • What is the role of a Board of Directors?
  • What questions should Board candidates ask before agreeing to go on a Board?
  • If there are serious allegations of fraud, if the Board does not lead an investigation, the government will do it for you?

  This podcast will help you as a Board member understand how your role changes as the risks to your organization change, if you do not provide effective oversight.

In today’s edition of Daily Compliance News:

• The Danske Bank AS whistleblower has been released from his NDA and will testify before the Danish and EU Parliaments. (Bloomberg)
• If a whistleblower rings, is anyone listening? (MVolkov)
• Yet another former PdVSA procurement officer, has pled guilty to AML charges in connection with bribery and corruption. (DOJ Press Release)
• Former national KPMG Partner-in-Charge of Inspections has pled guilty to all five counts against him for stealing data on inspections from the PCAOB. (MarketWatch)
• Adventures in Compliance looks at A Study in Scarlet and CCOs exercising power. (Compliance Podcast Network)