Fcpa Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Alexander Cotoia and Daniela Meléndez from the Volkov Law Group to discuss the challenges and legal implications of ephemeral messaging in business. Cotoia's perspective emphasizes the significant risks ephemeral messaging poses for companies, particularly in terms of compliance and data preservation. He advocates for proactive measures, such as refining data preservation policies and monitoring all business-related electronic data. Similarly, Melendez, with her extensive knowledge and experience in conducting internal investigations, underscores the potential legal liabilities companies may face if they fail to secure relevant information. She cites real-world examples, like the Google case, to stress the importance of enforcing document preservation policies and educating employees on their responsibilities. Join Tom Fox, Alex Cotoia, and Daniela Meléndez as they delve deeper int

In Part 3 of this special 3-episode series, we explore how Venice created the first modern hotline and whistleblower reporting system. Whistleblower and hotline reporting systems in compliance programs are crucial tools for organizations, providing a confidential platform for employees to report misconduct. Fox emphasizes the value of using an external hotline system, which offers an additional layer of anonymity and impartiality and can bring specialized expertise that may be difficult to match within an organization. He also highlights the role of hotlines in collecting detailed information, which can provide greater insight into situations and help protect companies from accusations of negligence or wrongdoing. Furthermore, Fox underscores the need for hotlines to inspire employee confidence, offer on-demand support from subject matter experts, and provide inbuilt litigation support and avoidance tools. Join Tom Fox in this episode of the Compliance Lessons from Venice podcast to delve deeper into the sign

In Part 2 of this special 3-part series, we continue our look at compliance lessons from Venice by reviewing the Arsenale and corporate culture. The Arsenale district in Venice, a significant maritime hub from the mid-1200s to mid-1400s, serves as a fascinating historical example of compliance program implementation. The district was renowned for its innovative shipbuilding techniques, which were zealously guarded as state secrets through strict regulations and severe punishments for violators. Tom draws parallels between the practices of the Arsenale district and the guidance provided by the DOJ and SEC. He emphasizes the importance of a balanced approach to compliance, incorporating both incentives and discipline. Fox suggests that companies should provide job security, compensation for mishaps, and assistance to families as incentives for employees to remain loyal and compliant, while also using financial rewards, promotions, and acknowledgments as effective tools for incentivizing compliance. Join Tom F

Today we begin a special holiday podcast series on compliance lessons from Venice. In Part 1, we are doing compliance in the old-fashioned way. The importance of compliance departments and the simplicity of compliance programs cannot be overstated. These elements are vital in maintaining ethical standards within an organization. An effective compliance program must have a compliance department that is adequately staffed with professionals who can handle the day-to-day compliance work. He argues that these departments should not only have the necessary headcount but also the expertise to answer questions and provide guidance to company personnel. Fox also underscores the significance of basic methods in compliance programs, likening them to the simple yet effective block-and-tackle pulley system used in Venice. Join Tom Fox as he delves deeper into this topic in the Compliance Lessons from Venice podcast episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Billy Jacobson, well-known to the compliance community, who recently opened a new boutique law firm, Jacobson Lopez. We talk about why he co-founded the firm, the type of work it takes on, and where he hopes it might grow. Billy Jacobson is a seasoned attorney with a rich background in white-collar law and compliance, having served as a DOJ attorney and worked on high-profile fraud cases such as the Enron trials and as CCO at Weatherford. His perspective on Jacobson Lopez, a boutique law firm specializing in compliance and investigations, is shaped by his experience and expertise in AML, FCPA, and BSA practices. With his partner, Jonathan Lopez, Billy co-founded Jacobson Lopez, a boutique law firm offering specialized services in compliance work, internal investigations, government enforcement, and individual representation. They aim to provide big law firm expertise at more modest

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back LRN’s Susan Divers to discuss the second report 2023 from LRN on the LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition. Susan Divers is a seasoned professional in ethics and compliance, working closely with Tom Fox and associated with LRN. She strongly believes in the significance of ethics and compliance programs in companies, emphasizing the need for continuous training and reminders to ensure employees understand and adhere to the rules and expectations. Susan has noticed a trend of integrating ethics and compliance considerations into HR systems, such as performance reviews and promotions, to hold individuals accountable for their actions. She advocates for a shift from rule-based to values-focused programs, emphasizing personal responsibility and implementing policies like Clawback to address misconduct and enforce consequences. Join Tom

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Marco Goldberg, Managing Director of EQS Group's North American Business, which assists organizations in navigating the complex world of compliance and building a culture of trust. Marco Goldberg is a seasoned professional in corporate compliance and investor relations solutions, with a rich background in international industrial management and an MBA from the Berlin School of Business and Entrepreneurship. The EQS Group is a leading provider of corporate compliance and investor relations solutions, serving about 9,000 customers globally. He emphasizes the importance of trust in international organizations and sees EQS Group's mission as helping to create trusted companies through their solutions. His experiences in the industry and his active participation in hosting the ECEC, Europe's largest compliance conference, have shaped his perspective. Join Tom Fox and Marco Goldberg on t

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Chip Jones to discuss the recent spate of enforcement actions in the messaging compliance arena. Chip Jones, the Executive Vice President of Compliance at Global Relay, is an expert in e-communications archiving and compliance solutions for the financial services industry, focusing on instant messaging compliance and enforcement actions related to off-channel communications. Chip believes technology plays a vital role in regulating off-channel communications in financial services, emphasizing the importance of capturing and supervising all communications, including those on personal devices, to ensure compliance with SEC record-keeping requirements. He acknowledges that using personal devices for communication has been prevalent for years, but the pandemic has accelerated this trend. Chip suggests that technological solutions, such as the Global Relay app, can help financial profes

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, Kristy Grant-Hart reviews the holdbacks on the internal control failures and other areas identified in the SEC enforcement action. In this episode of the FCPA Compliance Report podcast, we delve into clawbacks and consequence management in compliance programs, particularly about the Foreign Corrupt Practices Act (FCPA). Our host, Tom Fox, brings a unique perspective, expressing disappointment over the lack of clawbacks in a recent case but emphasizing the importance of consequence management, such as withholding bonuses from employees involved in misconduct. His extensive experience in the field shapes Fox’s insights, and he underscores the need for businesses to shift their models in response to investigations and compliance violations. He also highlights the significance of a proactive approach to addressing compliance issues

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, we have Karen Moore on the internal controls failures and other areas identified in the SEC enforcement action. The recent FCPA enforcement action against Albemarle has sparked a lively debate in the compliance community, particularly regarding the company’s internal controls, imposed penalties, and the lack of monitorship. While Karen is surprised at this development, Tom believes it is consistent with the new DOJ FCPA policy. One of the key takeaways from the episode is the importance of thorough due diligence and stronger measures to prevent corruption. The case highlights the need for compliance officers to operate beyond their comfort zones and ensure that the right people receive the right training to spot issues. It also raises questions about the credibility of messages about risk tolerance from senior leadership and the

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, we open with Matt Kelly, providing an overview. The intriguing case of Albemarle, a chemicals company embroiled in a bribery scheme, is a stark reminder of the importance of compliance and timely remediation measures. Albemarle faced hefty fines and penalties, totaling over $218 million, for using intermediaries to sell chemicals to state-owned oil companies and funnel bribes to government officials. However, the company’s swift action in withholding bonuses during their internal investigation and implementing remedial measures, such as eliminating sales agents and adopting a direct sales approach, was recognized and credited. We underscore the significance of Albemarle’s transformation of its business model as a positive remediation measure that effectively reduces corruption risk. We also emphasize the importance of timely sel

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jim Walton to discuss LRN’s always great annual Code of Conduct Report. Jim Walton is a well-known compliance professional with a background in engineering and a passion for assessing and improving corporate codes of conduct effectiveness. His perspective on this topic is shaped by his extensive experience, including his current role as a Director on LRN’s Advisory Services team, where he leads their code of conduct practice. Jim believes a company’s code of conduct should reflect its character, culture, and values, serving as a foundation for its ethical culture. He emphasizes the importance of the code being a useful resource for employees, providing guidance on ethical decision-making and access to detailed information and resources. Jim also acknowledges that there is always room for improvement in corporate codes of conduct, even among some of the largest companies in the worl

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Adam Pollock, co-founder of PollockCohen and Qui Tam/FCA expert.   Adam Pollock is an experienced lawyer with a unique blend of expertise in computer science and law. Having studied computer science at the University of Michigan before transitioning into law at the University of Pennsylvania, Pollock has spent over 15 years in the legal field, specializing in white-collar defense, Qui Tam cases, False Claims Act cases, whistleblower suits and public advocacy. His law firm's impactful public advocacy cases is rooted in a mission-driven approach, focusing on cases that serve a greater public good. He cites examples such as challenging the government over the regulation of menthol cigarettes, which disproportionately affect the African American community, and fighting for the rights of New York City retirees. Pollock's work is driven by a desire to create positive change and make a di

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Carlos Villagrán Muñoz, Chief Compliance Officer at CMPC in Chile. We discuss operationalizing compliance at CMPC and in Latin America. Carlos Villagrán Muñoz is a seasoned Chilean attorney with considerable experience in implementing and advancing compliance programs in Latin America. His perspective on the subject is shaped by his extensive experience and understanding of the unique challenges in the region. Carlos identifies two major hurdles in implementing effective compliance programs in Latin America: the need to tailor programs to both global and local contexts due to cultural nuances and differing perceptions of corruption and the pressing issue of money laundering, fueled by illegal activities such as corruption, drug trafficking, and human trafficking. He believes that Latin America lags in anti-money laundering efforts, which are crucial in combating corruption, and adv

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Dottie Schindlinger, Executive Director of the Diligent Institute.  The Diligent Institute, the governance research arm of Diligent Corporation, is on a mission to promote governance excellence by providing valuable resources and support to board members and senior leaders. Through research, thought leadership, podcasts, web shows, and certification programs, the institute addresses topics such as climate leadership, ESG, cyber risk, strategy, and AI ethics. Programs like the Next Gen Board Leaders Program and Director Network software facilitate peer-to-peer networking and board opportunities.  The Diligent Academy offers e-learning certification programs for directors, while the Diligent Forum provides a platform for directors to discuss specific themes with guest speakers. The conversation emphasizes the importance of empowering board members with the right information and insig

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcomes Jason Patel as they delve into the critical aspects of go-to-market security, market intelligence security, and customer privacy enforcement in today's digital world.  They discuss the importance of protecting businesses and customers' experiences, leveraging data for security and marketing strategies, and ensuring compliance with privacy legislation like GDPR and CCPA. They highlight the services offered by Cheq.ai, a company specializing in go-to-market security, and stress the need for real-time compliance and a transparent approach involving various stakeholders. The conversation also explores the risks of relying solely on vendors for compliance and the impact of opt-in and opt-out strategies in data privacy. Looking ahead, they predict data privacy to be a leading issue, emphasizing the need for clear and explicit internet regulations to protect businesses and consumers.  Key

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jonathan Wilson, lawyer and co-founder of the FinCEN Report Company, which will simplify filing beneficial ownership reports under the Corporate Transparency Act. The Corporate Transparency Act is a bipartisan law passed in 2020 to combat corporate anonymity and money laundering in the US. The law requires companies to disclose personal information about individuals with ownership stakes or substantial control. The FinCEN Report Company offers an online filing engine for easy submission of reports. This new tool facilitates collaboration between attorneys and clients, ensuring authorized access to information. The Corporate Transparency Act aims to protect the integrity of the financial system and prevent illicit activities by creating a database accessible to banks and law enforcement. Although the law’s implementation has been delayed, businesses must prepare for initial benefici

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back fan favorite Mike DeBernardis, partner at Hughes Hubbard Reed. We take a deep dive into the trial court ruling in the Coburn and Schwartz claim that the Cognizant internal investigation which identified them was run by the DOJ and should be tossed for the lack of federal criminal procedural protections. A recent district court decision on an FCPA case has significant implications for future investigations. The trial court emphasized the importance of a fully developed record and provided guidance for companies conducting internal investigations while cooperating with the government. The episode emphasizes the need for independent investigations, the distinction between government-directed investigations and cooperation with the DOJ, and the timeline of events that shows the importance of self-disclosure by the company. It also discusses the significance of independent decision

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Ragini Bhalla, head of content and PR for Creditsafe, focusing on the North American region, and Steve Carpenter, Country Manager for Creditsafe in Canada. Their discussion centers around a new Canadian law designed to combat human trafficking forced labor, and child labor within supply chains. Throughout the conversation, they shed light on the practices of various multinational corporations, emphasizing the need for cohesive anti-slavery reporting and measures across different jurisdictions. It becomes evident that addressing these critical issues requires collaboration and comprehensive efforts from all parties involved. A key to compliance with ethical sourcing and compliance with this new Canadian law is through a company’s Supply Chain. Companies must ensure their supply chains are free from forced labor and child labor, and Credit Safe provides services to help. The Canadian For

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Peter Grossman, Co-Founder, Chief Strategist at Labyrinth Training, and Duane Stumpf, Global Head of Integrity and Compliance at Alcon. Starting with a 70s-style rock and roll music number, Alcon Vision’s interactive, animated compliance training program, developed in conjunction with Labyrinth Training, has been recognized with high praise, receiving an Anthem Award and two Telly Awards. This program was created to make the company’s Lens Policy more memorable and engaging. This podcast episode focuses on creating impactful campaigns and stresses the need for creativity, mission, and quality work. This episode features Tom Fox, Peter Grossman, and Duane Stumpf discussing how the program’s success effectively delivers important lessons in ways people will remember and enjoy. Through this episode, the trio offers great insight into developing meaningful campaigns that will have a lastin