Fcpa Compliance Report

Welcome to Day 2 of 30 Days to a Better Compliance Program. Today I consider written protocols, which are the foundation upon which an effective compliance program is built. Written protocols consist of a Code of Conduct, policies and procedures and internal controls.”  Code of Conduct  The substance of your Code of Conduct should be tailored to your company’s culture, and to its industry and corporate identity. It should provide a mechanism by which employees who are trying to do the right thing in the compliance and business ethics arena can do so. The Code of Conduct can be used as a basis for employee review and evaluation. It should certainly be invoked if there is a violation. The Code needs to be written in plain English and translated into other languages as necessary so that all applicable persons can understand it.  Policies, Procedures and Controls  The written policies and procedures required for a best practices compliance program are well known and long established. You should include the nature

In this episode Mike Volkov and I take a look at the most significant enforcement actions from 2016, the most significant compliance related issues from 2016 and the issues and cases that may be the most significant going forward into 2017. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to Day 1 of 30 days to a better compliance program. Together with a podcast each day, I will be giving you tip to help you create a best practices compliance program in 2017. At the end of January, you will not only have a good summary of the basics of a best practices compliance program but information that you can incorporate into your compliance regime. Today I consider the various Tones in an organization. Any compliance program starts at the top and flows down throughout the company, which set the proper character for each level of your organization.  At The Top  Tone at the Top has become a phrase inculcated in the compliance world. The reason it is so important to any compliance program is because it does actually matter. So how can a company overcome these employee attitudes and set, or re-set, its “Tone at the Top”? I once had a Chief Executive Officer (CEO) of a client who described his role at the company as “the ambassador for compliance.” I can think of no better description of the role o

In this episode Mike Volkov and myself take a deep dive into the Odebrecht/Braskem and Teva FCPA enforcement actions. We review the underlying facts, the conduct of the parties, the results obtained and what it all means for the compliance practitioner going forward.Learn more about your ad choices. Visit megaphone.fm/adchoices

Show Notes for Episode 33, week ending December 23, 2016-Holiday edition Odebrecht/Braskem FCPA enforcement action. Braskem Information, Braskem Plea Agreement, Odebrecht Information, Odebrecht Plea Agreement, SEC Civil Complaint. Goldman Sachs further ensnared in 1MDB scandal. Link to article in Wall Street Journal. Teva FCPA enforcement action. Teva Information. Teva Plea Agreement. Teva DPA Pre-taliation enforcement heats up, on Radical Compliance. NFL Playoff update on Patriots, Cowboys and Texans. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode SCCE CEO Roy Snell and I continue are exploration of issues of import to the compliance profession. We consider the penalty assessed by the NCAA on Notre Dame for it use of two ineligible football players and whether the punishment fit the crime; the forced transparency leading to hyper transparency for today's corporate scandals and the sanctions assessed against former Wells Fargo CEO John Stumpf; advise not send out stupid emails and consider how the safety industry evolved 20 years ago and what implications it might have for the compliance profession going forward. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Juliet Lui as we discuss how to best handle small and medium investigations in an efficient and cost effective manner. We discuss how such matters often slip through the cracks as they are not perceived as high profile yet can cause significant problems if allowed to fester. We discuss methodology, costs and deliverables. Lui details two case studies to emphasize how important small and medium investigations can be as they often uncover larger and more critical problems and issues. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode SCCE CEO Roy Snell and I take a deep dive into corporate governance and compliance, the public skewering of former Wells Fargo CEO John Stumpf and ask if a CEO should be involved in the hiring of a CCO. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode Matt Kelly and I take deep dive into the United Airlines SEC enforcement action for violation of internal controls around its reinstitution of a route from Newark to South Carolina at the insistence of the then Chairman of the New York and New Jersey Port Authority David Sampson in exchange for a concession to expand its physical facilities at the Newark airport. We review the background facts, as set out in the SEC Cease and Desist Order and the Justice Department Non-prosecution. We take a look at the internal controls violation of the former UA CEO for violating the company's Code of Conduct, the finding of a lack of internal controls around its route reinstitution protocol and finally discuss the problem of senior management override of internal controls.  For more information on this enforcement action, check out Matt's blog post on this matter, entitled, "This Weird United Airlines Case Just Happened"  and my blog post entitled, "The Chairman's Flight and the US Corrupt Practices Act". L

In this episode, I visit with Houston Chronicle business columnist Chris Tomlinson about his time working internationally for the Associated Press. He relates his first hand view of the invidiousness of corruption in African countries. He also talks about how a major FCPA corruption trial would be covered. He concludes with thoughts about the role of the Fourth Estate in the international fight against corruption. Learn more about your ad choices. Visit megaphone.fm/adchoices

Show Notes for Episode 32, week ending December 9, 2016-the Fly the Not So Friendly Skies edition:  United Airlines SEC enforcement action for domestic; the Chairman’s Flight and the US Corrupt Practices Act, for a copy of the Justice Department NPA, click here and for a copy of the SEC Cease and Desist Order, click here. Monetary Authority of Singapore seeks to suspend former Goldman Sachs trader in 1MDB scandal. Link to Fox blog post on Compliance Week. FATF report that US weak on beneficial ownership issues, for a copy of the report, click here. Wal-Mart up to $820MM in pre-settlement FCPA settlement spend, on Radical Compliance. Release of eBook, Trump on Compliance. SEC Director of Enforcement, Andrew Ceresny announces he will leave the SEC. See NYT article, here. GibsonDunn briefing on The Road Ahead: DOJ and Federal Enforcement in the Trump Administration predicts a Southern California centered FCPA matter will be concluded by year end. 10th Annual SEC & DOJ HOT TOPICS 2017 -- Current Developments

We are back to our more rounded format for this episode on a variety of topics including anti-corruption enforcement across the globe, the new French anti-corruption law, Sapin II, the Agricultural Bank of China compliance enforcement action by the state of New York Department of Financial Services; how corruption influences as much as it pays money and individual accountability for corporate malfeasance is not a Democratic or GOP issue but a law enforcement issue. We end with a well-deserved one minute rant from the panel about what is in the front of their mind. Mike Volkov discusses the internationalization of anti-corruption enforcement. He refers to the comments from the ACI FCPA conference, by Kara Brockmeyer and Dan Kahn about the increasing international enforcement efforts against corruption. This extends far beyond cooperation but also to enforcement. Recent examples are VimpelCom and Embraer where other countries received proceeds from fines and penalties. How does a company begin to deal with this

Show Notes Introduction What is the FAR What’s the differences with DFARs What types of companies should be concerned What are some examples of covered with these regs (eg. Ozone depleting substances, child labor, sanctions/debarment) Reporting requirements What sort of resources are available to help demonstrate compliance   What is the Federal Acquisition Regulation (FAR) The purpose of the FAR is to provide uniform policies and procedures for acquisition of goods supplied to the US federal government. Among its guiding principles is to have an acquisition system that satisfies customer's needs in terms of cost, quality, and timeliness; minimize administrative operating costs; conduct business with integrity, fairness, and openness; and fulfill other public policy objectives At over 1,800 pages in its entirety, is a substantial and complex set of rules governing the procurement of all goods and services required by the U.S. Government When a federal government agency issues a contract, it will specify

This episode is dedicated exclusively to where FCPA enforcement, SEC enforcement, the compliance profession and compliance programs may be headed under the Trump administration, with a dash of anti-trust enforcement and EU Privacy Shield. Mike Volkov about where FCPA enforcement may be headed. We explore how FCPA cases are largely self-funded through company internal investigations which are turned over to the Justice Department. Volkov discusses funding and resources for the Department’s FCPA unit. He also touches on potential (or the lack thereof) of anti-trust enforcement going forward. For Volkov’s post, “A New Administration: A New FCPA Enforcement Regime?” click here. Matt Kelly leads a discussion on how the new administration may view the SEC going forward. He considers the announced resignation of SEC Chairman Mary Jo White and the appointment (and dismissal) of Kevin O’Connor from Trump’s transition team. Matt explains how Trump’s attacks on Dodd-Frank focus on easing rules for capital formation n

Show Notes for Episode 1 At the SCCE 2016 Compliance and Ethics Institute, I sat down with four of the top compliance commentators in the field for my first roundtable-style podcast. It was so successful that I persuaded the gang to come back together every couple of weeks for a formal podcast, which is entitled Everything Compliance. The premier episode is available for your listening pleasure today. I will post a new episode every two weeks. I host these four well-known compliance practitioners and commentators: Jay Rosen (Mr. Translations) - Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at rosen@ulgroup.com. Mike Volkov - One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com. Matt Kelly - Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at mkelly@ra

In this episode I welcome back Red Flag Group CEO Scott Lane. We discuss the evolution of regulator thinking around what constitutes a best practices compliance program. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, I take a deep dive into the Key Energy FCPA enforcement action.Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Red Flag Group CEO Scott Lane and myself discuss the evolution of regulators when evaluating compliance programs for effectiveness.Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I review Hallmark 10-Mergers and Acquisitions: Pre-Acquisition Due Diligence and Post-Acquisition Integration under the FCPA. To read more, check out my blog post series on Hallmark 10. For more information on this Hallmark, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available through Compliance Week by clicking here.Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I review Hallmark 9 - Continuous Improvement: Periodic Testing and Review. This podcast series is produced in a 10 article series. To read more, check out my blog post series on Hallmark 9. For more information on this Hallmark, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available through Compliance Week by clicking here.  Learn more about your ad choices. Visit megaphone.fm/adchoices