In the Episode, I am joined by John Warren Vice President and General Counsel at the Association of Certified Fraud Examiners (ACFE). We discuss the 2020 ACFE Report to the Nations, which is the most comprehensive report on the global scourge of fraud. The year’s Report is particularly important with the government bailouts from the fallout of Covid-19. It is a fascinating look of how fraud occurs, where is occurs and the steps you can take to prevent it. Some of the highlights include:  What is the ACFE Report to the Nations? How often is it released? What are you trying to capture? What are some of the big picture findings of the Report? What is the annual cost of global fraud? Why are hotlines so critical to fraud detection? What is the fraud tree? What are the 5 critical areas of occupational fraud reviewed? What does the Report to the Nations tell us about corruption? What detection/prevention areas are the most effective for corruption? With COVID-19 and the federal government bailout, why is fraud prevention and detection so much more critical now? You can download a copy of the ACFE 2020 Report to the Nations by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

FCPA Compliance Report

John Warren on 2020 ACFE Report to the Nations

In the Episode, I am joined by Joel Androphy, co-founder at Berg & Androphy. Joel is well-known literally across the country as a white-collar defense lawyer and plaintiff’s counsel in high-profile False Claims Act litigation. With the ongoing Trump Administration’s bailouts and stimulus packages, there will be great temptations for fraud. There have already been several high-profile cases of companies returning bailout monies to which they were not entitled. In this podcast we consider the role of the FCA in helping the US government fight fraud, waste and abuse. Some of the highlights include:  Androphy believes the coronavirus bailout will cause great amount of fraud. What is the role of the FCA in fighting government fraud, waste and abuse? Why does Androphy believe that citizens who bring FCA cases are doing civic duty? What are the different types of fraud perpetrated in government contracting? Why is Androphy on a mission to have the federal bailout dollars benefit the American worker and not the American fraudster. For more information on Joel Androphy, check out the firm website here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Joel Androphy on the Role of the FCA in Fighting Government Procurement Fraud

In the Episode, I am joined by Mike DeBernardis, Counsel and Hughes Hubbard. We review the Foreign Corrupt Practices Act enforcement from Q1 and take a look into that veiled land of the future.  Some of the highlights include: Key highlights from the Cardinal Health SEC enforcement action. The Airbus international anti-corruption enforcement action is the largest ever. How can a CCO begin to get their arms around it or discern what it might mean for their company? What are Mike’s 3 key takeaways from Airbus? What is the significance of the individual prosecutions in Q1? What are the top questions Mike and the Hughes Hubbard team is receiving from its clients now? While investigations may slow down in Q2, Mike expects an uptick in Q3 & Q4. There will not be any Free FCPA Pass from the DOJ going forward on enforcement. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike DeBernardis on Q1 FCPA Enforcement Highlights

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchini on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In this fifth and final episode, I visit with Lucas Bianchinni about the current state of environmental regulation, enforcement and compliance in Brazil. With the country’s size and scope in mind, what is the framework for environmental regulation in Brazil, in both criminal and civil? What are best practices in complying with Brazilian environmental regulations? Why everything starts with a risk assessment? What is the risk management process for environmental compliance? What should US or other non-Brazilian companies expect in the environmental regulatory process? Many of our listeners are aware of several very high-profile environmental disasters in Brazil. What are some of the lessons from these recent Brazilian cases? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support.  Learn more about your ad choices. Visit megaphone.fm/adchoices

From the Unthinkable to a Culture of Compliance-Lucas Bianchini on Environmental Compliance in Brazil

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Ingrid Santos and Giuliana Boniha on #MeToo and Sexual/Moral harassment in Brazil today.   How does the #MeToo movement in Brazil differ from the US? What are some of the key Brazilian laws in this area? What practical approaches do you suggest companies take? Given the cultural differences in the US and Brazil, what advice do you give foreign companies new to Brazil on sexual and moral harassment? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. For general and easy-access information on harassment in Portuguese, we recommend reading the manual created by the Brazilian Labor Court of Appeals’ available on their website. Other than that, we can be reached through the firm’s website at www.azevedosette.com.br, which is also available in an English version.  Learn more about your ad choices. Visit megaphone.fm/adchoices

From the Unthinkable to a Culture of Compliance- Ingrid Santos and Guiliana Boniha on #MeToo and Sexual/Moral Harassment

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Glaucia Ferreira on background investigations in Brazil.   What are some of the challenges in performing background investigations in Brazil under the Clean Companies Act? Why are financial check and security investigation so critical in Brazil? What some of the challenges unique to performing background investigations in Brazil? Why is the human element so important in background investigations? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

From the Unthinkable to a Culture of Compliance- Glaucia Ferreira on Background Investigations

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In today’s episode, I visit with Luiz Salles and we discuss two key factors in compliance investigations in Brazil and the impacts of these factors on antitrust compliance.   Why must a company take “Brazilian Factors” into account for an investigation? Why is an interdisciplinary approach needed for investigations in Brazil? As the world’s 5th largest country does an internal investigation need to take local culture into account? Why? What is the nexus between anti-corruption investigations and anti-trust violations in Brazil? Where can listeners go for more information? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

From the Unthinkable to a Culture of Compliance-Luiz Salles on Investigations and Anti-Trust Compliance

In this special podcast series, I visit with lawyers from Azevedo Sette in Sao Paulo. The lawyers and topics include: Isabel Franco on a CarWash changed a culture, Lucas Bianchinni on environmental regulation in Brazil, Glaucia Ferreira on the Clean Companies Act, Luiz Salles on recent Brazilian corruption enforcement actions and Ingrid Santos on the hottest topic in Brazil: Me Too and sexual/moral harassment. In this first episode, I chat with Isabel Franco about how CarWash changed the entire perception and culture of compliance in Brazil.  What was CarWash and how did it change perceptions about compliance in Brazil? Why was an investigation of corruption of Petrobras so critical to Brazil? Who were some of the key political figures brought down by Lava Jato? Why was this change so critical to the compliance profession in Brazil? What other corruption investigations did CarWash lead to? How did Lava Jato expand out to the entire continent? Having practiced in both the US and Brazil, how would you assess the current state of the compliance profession in Brazil? What is the legacy of Lava Jato? This podcast is sponsored by the law firm of Azevdo Sette. To learn more about this firm, visit its website, for resources, expert guidance and support. Learn more about your ad choices. Visit megaphone.fm/adchoices

From the Unthinkable to a Culture of Compliance-How a Car Wash Changed a Culture, Isabel Franco

In the Episode, I visit with Susan Divers, Senior Executive at LRN. Susan is one of the leaders of the LNR team which annually produces the Program Effectiveness Report. The 2020 version has been released. We review its key findings and insights as well as the LRN Program Effectiveness Index. Finally, we conclude with a key theme of the Report and discuss why it is such an insight for the compliance professional.   Some of the highlights include: What is the 2020 Program Effectiveness Report? Why does LRN release this report annually? This year’s report has even more importance and urgency but we had ethical failures which caused loss of life over the past year as well. What were the overview of key insights? What are some of the key reasons ethical scandals occur? What is the Program Effectiveness Index (PEI) and what does it tell us this year? What are the 5 elements of an ethical culture? One of the key themes I took away from this year’s Report is the interconnectedness of compliance program elements. Download and read the 2020 Program Effectiveness Report here. For more information on LRN, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Susan Divers on LRN’s 2020 Compliance Program Effectiveness Report

In the Episode, I visit with Pat Harned, President of the Ethics & Compliance Initiative (ECI). We discuss ECI’s upcoming virtual conference IMPACT 2020. As the first major compliance annual conference to go virtual, ECI faced unique challenges to bring the top speakers and thought leaders to this event. Find out how they did so as Harned and Tom Fox discuss some of the highlights of this most unique event. Some of the highlights include: Keynotes speeches include Sally Yates, Anita Hill, David Rock and Jan Schwartz. Earn up to 15 CEUs - Participate in, view and earn CEUs for every session, even those happening concurrently! On-Demand Access - Watch and participate in exceptional keynotes and benchmarking sessions live as well as on-demand through the event library for up to one year. Assess Your Program - Register for the event and you will be provided access to ECI's High-Quality Program (HQP) Assessment. Take the survey and gauge the maturity of your E&C program prior to the event. This assessment is valued at $500 for individual users but is included in IMPACT registration! Get Valuable Benchmarks - Throughout the conference we will be sharing metrics from the HQP and compare your results with your peers.  Resources It’s not too late to register for IMPACT 2020. Conference information and registration available here. For more information on ECI, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Pat Harned on ECI’s IMPACT 2020

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for February 2020. Some of the highlights include: Lambert Motion for Acquittal Denied. We take a deep dive into the motion and the court’s ruling. Pemex Investigation Expands. What does it mean for US companies? Is each email a separate FCPA violation? What does this mean for the DOJ going forward? Cardinal Health FCPA resolution. Key takeaways for the compliance professional.  Resources To a copy of the Top 10 International Anti-Corruption Developments for February 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

James Koukios on the MoFo Top 10 International Anti-Corruption Developments for February 2020

In the Episode, I visit with Karen Woody, Assistant Professor of Law. Her areas of expertise include, Securities Law, Financial Regulation and White-Collar Crime. We visit about the recent Supreme Court argument in the Lui case and how it might (or might not) impact the SEC’s ability to seek profit disgorgement for fraudsters. Some of the highlights include: What is profit disgorgement? Is it different from restitution? How has the SEC used this doctrine in the past? How did the Kokesh decision open the way for the Lui appeal? How does the Lui case attack this doctrine? What question was before the Supreme Court? What were the parties arguments? From the Court’s questioning, what can be gleaned? Will the Court really allow convicted fraudsters to keep their ill-gotten gains by doing away with profit disgorgement? Learn more about your ad choices. Visit megaphone.fm/adchoices

Karen Woody on Profit Disgorgement at the Supreme Court

In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for January 2020. Some of the highlights include: Airbus-in this massive and sprawling case, Koukios details what are the 3 key takeaways you would advise a company on from the matter. The French PNF involvement and what it might mean from French anti-corruption enforcement going forward. SFO Wins First Conviction for Withholding Documents Requested in Bribery Investigation. Isabel dos Santos, Sonangol and Angola-what does it mean and what should companies do now?  Resources To a copy of the Top 10 International Anti-Corruption Developments for January 2020 Newsletter click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

James Koukios on the MoFo Top 10 International Anti-Corruption Developments for January 2020

In this Episode, I visit with Quyen Truong, a partner at Stroock & Stroock & Lavan in Washington DC. In this podcast we discuss the firm’s recent article on the national impact of this proposed mini-CFPB, part of a major California’s major push to dominate the consumer protection landscape; and the key aspects of the proposed agency expansion, particularly the top enforcement threats facing the industry. Some of the highlights include: Some of the highlights include: An overview of the California proposal to create a mini-Consumer Financial Protection Bureau in California. What types of businesses does the proposal cover? What will be the role of the California Dept. of Business Oversight? What are the similarities with the federal law and CFPB? Could this law be expanded to B2B companies? Could this law serve as a model for other states? With the Trump Administration’s recent rollback on CFPB enforcement, will states likely take up the slack? For a copy of the article California’s Mini-CFPB: National Impact and Enforcement Threat, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Quyen Truong on California’s Proposed Mini-CFPB: National Impact and Enforcement Threat

In the Episode, I visit with Bryan Sillaman, Managing Partner of the Paris office of Hughes Hubbard & Reed. In this podcast we discuss the French portion of the Airbus anti-corruption enforcement action. Some of the highlights include: Describe the French enforcement authorities and the law under which they investigated and then issued the Judicial Public Interest Agreement with Airbus? What is the French Blocking Statute and what role did it play in the investigation? Why is this enforcement action a milestone in French anti-corruption enforcement? What was the final penalty assessed by the French Court? How will the monitorship over Airbus work in practice? What does the French Judgment say about or do for the PNF? Learn more about your ad choices. Visit megaphone.fm/adchoices

Bryan Sillaman on the French Airbus Enforcement Action

The FCPA Compliance Report is the longest running podcast in the in compliance and business ethics. Join its by its award-winning host, Tom Fox, the Voice of Compliance as he visits with top compliance practitioners, key figures from business, the government and law firms in the top podcast dedicated to all things compliance.

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FCPA Compliance Report

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