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FCPA Compliance Report
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Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.
 
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FCPA TV
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FCPA Compliance and Ethics Report
 
Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.
 
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TWIFCPAPodcast – MP3 of This Week in FCPA
 
This Week in FCPA--Audio Version
 
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MP3 of This Week in FCPA
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This Week in FCPA--Audio Version
 
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Main Justice 001: Cost shifting in e-discovery
 
Cost-shifting allows the expensive burden of e-discovery to be shifted to the adversary requesting the discovery. But case law isn’t settled.
 
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show series
 
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FCPA Compliance Report
 
Show Notes for Everything Compliance-Episode 14 Topics from Matt: Trump Administration & FCPA enforcement— we have two declinations now; maybe a compare-and-contrast, and speculation on what a tough Trump Admin enforcement WOULD look like; EU’s GDPR— Do EU regulators really know what they want to do with enforcement of this law; although if the ...…
 
Is a Board of Directors a compliance internal control? I think the clear answer is yes. In the FCPA Guidance, in the Ten Hallmarks of an Effective Compliance Program, there are two specific references to the obligations of a Board in a best practices compliance program. The first in Hallmark No. 1 states, “Within a business organization, compli ...…
 
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Fall Back Up with Jordi Morgan
 
SHOW NOTES: On this episode I’m delighted to sit down with the President of the Nova Scotia Community College (NSCC), Don Bureaux As President of NSCC, Don Bureaux serves as the chief executive officer for the operation of 13 campuses, with over 120 programs, and approximately 24,000 students and 2,000 staff. Don Bureaux has been president of N ...…
 
A gap analysis is a method of assessing the differences in performance between a business' internal controls to determine whether business requirements are being met and, if not, what steps should be taken to ensure they are met successfully. Moreover, it is a determination of the degree of conformance of your organization to the requirements o ...…
 
Today, I consider some ways in which a compliance professional can work to implement internal controls in a multi-national organization. The first step is to convert your company’s compliance risks into internal control objectives. The internal control objectives are then given to each business unit with instructions to develop controls, which ...…
 
Next, I will review how to use the risk assessment you have performed as a tool to provide a structured approach to establishing effective internal controls. After preparation of the risk assessment, the next step is to prioritize the listing of the risks and which locations they are common. This begins by mapping existing internal controls to ...…
 
In an article entitled, 12 Leadership Qualities of An Often-Overlooked President, Matt Myatt, writing in forbes.com online reviewed the leadership qualities of John Adams as laid out in David McCullough’s Pulitzer Prize winning biography, appropriately entitled John Adams. Adams presidency was glossed over with little more than a brief mention, ...…
 
Today, I want to discuss how to assess for your internal controls regime for international operations. It is incumbent that you need to review as much information so you can to understand the financial and operational structure of an entity and how the financial and operation structure outside the US is integrated with the corporate headquarter ...…
 
In this episode, Matt Kelly and I take a deep dive into the 4th of July weekend use of the New Jersey beaches by Governor Chris Christie. Governor Christie had closed the beaches in a budget dispute but was still able, as Governor, to give himself and his family full access to the now wide open beaches on the recently passes holiday weekend. We ...…
 
Next, I want to consider some of the issues around internal controls outside the US and why your company’s internal controls might require changes for different countries across the globe. However, this provides an opportunity to further operationalize your compliance program through internal controls more narrowly tailored to mirror your busin ...…
 
The issue of beneficial ownership is one which still bedevils many compliance professionals. Today, I visit with Brian Alster, Dun & Bradstreet’s Global Head of Supply and Compliance about the problem this issue continues to raise in the anti-corruption compliance space. Beneficial ownership is a critical inquiry for financial institutions and ...…
 
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FCPA Compliance Report
 
This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: U.S. charges top Colombia anti-graft prosecutor with money laundering. See article by Dick Cassin the FCPA Blog. US Supreme Court may finally settle one of the fiercest debates arising from the Dodd-Frank Act: What is a whi ...…
 
There are four significant controls that he would suggest the compliance practitioner implement initially. They are: (1) Delegation of Authority (DOA); (2) Maintenance of the vendor master file; (3) Contracts with third parties; and (4) Movement of cash / currency. Your DOA should reflect the impact of compliance risk including both transaction ...…
 
Today, New York Times columnist David Brooks’ thoughts on building and maintaining order inform our discussion on internal controls. In the area of internal controls, I believe it is incumbent to consider not only the most obvious risk areas for your internal controls but also the universe of potential transactions within the operations of a pa ...…
 
In this episode, I visit with Patrick Henz, a compliance practitioner and author of Access Granted: Tomorrow’s Business Ethics. Henz has written one of the most fascinating books on compliance going forward into the future that I have recently read. His book analyzes actual and future technological developments to discuss how these will affect ...…
 
What specifically are internal controls in a compliance program? Internal controls are not only the foundation of a company but are also the foundation of any effective anti-corruption compliance program. The starting point is the FCPA itself, requires the following: Section 13(b)(2)(B) of the Exchange Act (15 U.S.C. § 78m(b)(2)(B)), commonly c ...…
 
In this episode, I visit with Ed Buthusiem, with BRG Business Transformation. BRG partners with companies and their stakeholders to deliver sustainable results with speed and transparency through a data-driven and expert-led approach. We discuss the work of BRG and how BRG helps companies to drive a value proposition. We explore what this means ...…
 
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FCPA Compliance Report
 
In this week which starts the 4th of July holiday weekend, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: The second Declination of the Session’s Justice Department, CDM Smith. For a copy of the Declination click here. For article in the FCPA Blog, click here. The son of Equatoria ...…
 
Today I want to consider some factors which can lead to employees’ distrust of an internal reporting system. Ryan Hubbs wrote an excellent article entitled “10 Factors Leading to Reporting Mechanism Distrust”. The guidance and mandates for companies on reporting mechanism reporting are numerous, overlapping and sometimes very broad. There are t ...…
 
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FCPA Compliance Report
 
The top compliance roundtable podcast is back with a wealth of new topics. Stayed tuned to the end where there are some heartfelt and somber rants in this edition. Matt Kelly opens with a discussion on Uber from the policies and procedures framework. Matt rants on the danger of overly legalistic approaches to compliance. For Matt Kelly’s posts ...…
 
In an article entitled “How to Launch and Operate a Legally-Compliant International Workplace Report Channel” or in compliance parlance, a hotline, author Donald Dowling of the law firm of White and Case, provided a useful guide to help navigate the challenges of setting up a multi-national whistleblower’s hotline, such as is required under the ...…
 
In this episode, Matt Kelly and I take a deep dive, literally into the weeds of the convergence of the compliance profession and the nascent cannabis industry. While several states have made pot for medical use legal and one state, Colorado has made it legal for personal consumption, it is still illegal under federal law. We consider such quest ...…
 
Is your hotline working for you? In an article entitled, entitled “Promoting Effective Us of the Compliance Hotline” José Tabuena provided an excellent example of the power of a hotline. He provide a case study of a company which had not integrated its IT function into its regular compliance and ethics training programs. As such there were zero ...…
 
In this episode, I visit with Steven Durham, a partner in the law firm of Labaton Sucharow. The firm is one of the leaders in the SEC Whistleblower practice. Durham describes his background and how he got to the firm. He relates the Whistleblower Practice at Labaton, what is your role and how Jordan Thomas worked to create the firm’s whistleblo ...…
 
Thursday June 29, 2017 Linde to Pay $11.2 Million Gets FCPA Non Prosecution Agreement
 
Today I would like to review some best practices regarding a compliance hotline. The hotline should be developed and maintained externally. It seems axiomatic that em­ployees tend to trust hotlines maintained by third parties more than they do internally maintained systems. Through the submitting of reports via an external hotline there is a pe ...…
 
In this episode, I visit with James Gellert, CEO of RapidRatings, a company which uses a financial dialogue to determine third party supplier health and viability. Gellert explains what supply chain resilience is and how can examining financial health of your suppliers can lead to a more financially efficient supply chain. We then discuss the c ...…
 
Tom Fox is the Compliance Evangelist™. He has practiced law in Houston for 34 years. He was most recently the General Counsel at Drilling Controls, Inc., a worldwide oilfield manufacturing and service company. He is now one of the country’s leading experts on compliance, risk management, and corporate governance. Tom is the author of the intern ...…
 
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FCPA Compliance Report
 
After last week’s guest announcers, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: The first Declination of the Session’s Justice Department, Linde gas. For a copy of the Declination click here. For Tom’s discussion of the lessons learned, click here. The son of Equatorial Guinea' ...…
 
Who to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to reverberate, it continues to bring up some very knotty questions, which have bedeviled the Chief Compliance Officer (CCO) ...…
 
Prior to the Schrems decision by the European Court of Justice, US based law firms could rely on Safe Harbor to use and analyze information from investigations conducted in Europe. However the Schrems decision and subsequent EU privacy rulings and regulations have brought the entire issue around internal investigations into question. In a podca ...…
 
On June 16, 2017, the Department of Justice (DOJ) issued a Declination to Linde North American Inc. and Linde Gas North America LLC (collectively “Linde”). This is the first Declination issued by the DOJ in the era of the Trump Administration. For that reason alone, it was instructive and should be studied by the compliance profession. However, ...…
 
The concept of privilege in an internal investigation is critical. Two important privileges are the attorney/client privilege and the work product privilege. Unfortunately both are often miss-understood, miss-applied and consequently lost. One such recent example of the miss-application of the attorney/client privilege was in the trial of forme ...…
 
In this episode, James Koukios, a partner at Morrison & Foerster returns to discuss the firm's newsletter Top Ten International Anti-Corruption Developments for April 2017. In this episode we highlight the three following matters for discussion and what lessons can be garnered from them. World Bank Veteran to Change Positions.The World Bank ann ...…
 
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FCPA Compliance Report
 
In this episode, I visit with Roy Snell about his recent announcement that he is stepping down as head of the SCCE. We review the current state of the SCCE and how the Roy has seen the compliance evolve from its start after the 1992 US Sentencing Guidelines. We discuss where Roy sees compliance going in the next several years and where the SCCE ...…
 
Day 14-Miranda and Internal Investigations: What Rights Does an Must an investigator warn an employee that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime? Even if the company attorneys handling the investigation provided the now standard corporate attorney Upjohn warnings, does a c ...…
 
When then Assistant Attorney General Sally Yates, announced the Memo that bears her name, she said the following, “we have revised our policy guidance to require that if a company wants any credit for cooperation, any credit at all, it must identify all individuals involved in the wrongdoing, regardless of their position, status or seniority in ...…
 
In this episode, Mike Volkov and I discuss how blockchain has the potential to transformation compliance and may facilitate some truly revolutionary modifications in key businesses processes. I see some great value propositions for the compliance function. For further reading, see: Blockchain and the Future of Compliance, by Mike Volkov. Will B ...…
 
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FCPA Compliance Report
 
This week, as their tribute to their Dad, we are guest hosted by Jay’s daughters, Millie and Michela. They lead us through a wide-ranging discussion on some of the week’s top compliance related stories, including: The Covington and Burling report on corporate culture at Uber. For what it means to the compliance practitioner, see Tom’s piece in ...…
 
What are the characteristics of a good interview in the context of an internal investigation? Is there one technique you can use which will provide you the results you want to achieve? How should you think through your questions and document review prior to the investigation? In this episode, I explore these and other questions, in an interview ...…
 
Today, I want to consider some of the challenges you may well face during an investigation. Beyond the basics, a company must consider the intake process as a starting point, however Marks noted one of the biggest challenges is in the intake process. Rather surprisingly, he noted there are still companies without a hotline or anonymous reportin ...…
 
In this episode, I visit with Lauren Briggerman, a member at the firm of Miller & Chevalier. She discusses the latest edition of the firm newsletter, Executives at Risk: Navigating Individual Exposure in Government Investigations-Spring 2017. We discuss several recent developments in significant government investigations which highlight the tac ...…
 
In this episode I visit with Luciana Silveira, a PhD candidate who is studying the FCPA and how it is has affected international trade flows. Some of the questions she is considering include the following: Was US business abroad affected? Did US companies decide to change their foreign business strategy because of the FCPA? After so many years ...…
 
In this episode, Matt Kelly and I take a deep dive into the corporate governance fiasco which is Uber. We consider the revelations in the failures of corporate governance, culture and internal controls at the organization. The company provides a fascinating study of what happens when a tech start up raised in the fraternity culture is successfu ...…
 
Beginning with the Department of Justice’s (DOJ’s) Yates Memo, its Foreign Corrupt Practices Act (FCPA) Pilot Program and then the release of the Evaluation of Corporate Compliance Programs (Evaluation), I believe the DOJ has put even more pressure on every Chief Compliance Officer (CCO), and indeed every company, to get an investigation done q ...…
 
In the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (Evaluation), under Prong 7 Confidential Reporting and Investigation asks the following: Properly Scoped Investigation by Qualified Personnel – How has the company ensured that the investigations have been properly scoped, and were independent, objective, appropria ...…
 
Today I am joined again by Professor Samuel Buell, from Duke University School of Law to discuss a recent paper he co-authored with Rachel Brewster entitled, "The Market for Global AntiCorruption Enforcement". In the paper and in this podcast Professor Buell discusses the internal structural changes which took place in the 1980s and 1990s which ...…
 
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FCPA Compliance Report
 
Show Notes for Episode 56, for the week ending June 9, the Who’s On First Edition This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit disgorgement. For what it means to the compli ...…
 
There is nothing like an internal whistleblower report about a FCPA violation, the finding of such an issue or (even worse) a subpoena from the DOJ to trigger the Board of Directors and senior management attention to the compliance function and the company’s compliance program. Such an event can trigger much gnashing of teeth and expressions of ...…
 
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