In this episode, I visit with Gar Hurst a partner at Givens and Johnston. Gar and the firm specialize on import control issues. Today we take a major issue that is bedeviling companies in the Port of Houston and elsewhere, wood packaging issue. We explore why it is the biggest threat to importations you have never heard about. It turns out that import laws and regulations have substantial impact on export control, AML and ABC compliance.  What are wood packaging violations? What is covered by Wood Packaging regulations? What are violations and what are Emergency Actions Notices? What remedies are allowed in the US and when must you go internationally for remediation? What are potential penalties. How can you engage in prevention? See Gar Hurst’s professional profile here. See the firm of Givens and Johnston’s profile here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

FCPA Compliance Report

Gar Hurst on Biggest Import Issue You Have Never Heard About

In this podcast, I am joined I am joined by Carrie Penman, Chief Risk and Compliance Officer at NAVEX Global, Inc. We visit about their upcoming 2020 virtual conference, NAVEX Next, which is entitled Beyond the Moment.  The theme, Beyond the Moment, defines the 2020 agenda and supports sessions that will help you and your organization move past a defensive stance on current events and trends. The goal is to help everyone be proactive and more holistic in their approach to risk and compliance management. If there is one key message that I have garnered in talking to compliance and other professionals about Coronavirus is that the future demands we be prepared, no matter what comes next. What are some of the key themes for this conference? Obviously the Coivd-19 lockdowns, work from home and remote working environments have changed a large number of risk factors that every Chief Compliance Officer (CCO) needs to consider from a risk perspective and address from a variety of angles; such as data privacy/protection, communications and training and ongoing engagement. Last year, NAVEX’s virtual conference had over 9,000 registrants. Best of all is the cost of the conference, its FREE. That is right, all of the above is available at no charge. NAVEX Global has submitted the conference to the Compliance Certification Board (CCB)® and is pending their review for approval of CCB CEUs. It will be held Thursday, October 22, from 10 AM to 4 PM Central Time. I hope that you will plan to join me for this great event. Registration, agenda and other information are available here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Carrie Penman on Beyond the Moment

In our continuing series, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore the money laundering Wirecard engaged in via the project dubbed ‘Hermes’.  Some of the highlights include: ·       Weekly news wrap-up on Wirecard. ·       What has this done to the German political scene? ·       Any talk about BaFin reforms? ·       How do losses reach €20bn? ·       How was the investigation “unrelated to the mandate”? ·       Money laundering through Hermes. Learn more about your ad choices. Visit megaphone.fm/adchoices

Wirecard Part 9, Running to Fraud with Hermes

In this podcast, I am joined by Piero Molinario, Senior Managing Director, Head of Financial Crimes Risk and Compliance for EMEA for K2 Intelligence FIN and Joanne Taylor, Managing Director, K2 Intelligence FIN who works with clients investigations and financial crime compliance, including fraud risk management, anti-bribery and corruption, regulatory enforcement, and fraud investigations. Both are located in London. We take a deep dive into the FinCen Papers. Some of the highlights include: What are the FinCen Papers? What is the significance of their release? Does this release hurt financial institutions? Does it hurt the regulators? Do the FinCEN Papers show there is more work to be done? Are there any positive takeaways from the release of the FinCEN papers? For more information on K2 Intelligence FIN, check out their website here. For additional reading see the white paper, The FinCEN Files Impatiently Bypasses Government Entities Responsible for Acting on SARs Filings. See also the following policy, Policy Alert: ICIJ Leaked SAR Investigation Highlights Opportunity for BSA/AML Reform, 25 September 2020 Learn more about your ad choices. Visit megaphone.fm/adchoices

The FinCen Papers

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this concluding Part 5, I am joined by Jonathan Armstrong and we discuss the enforcement action from the UK perspective under the UK Bribery Act.  Some of the highlights include: ·       China is a known high-risk business venue. ·       Licenses are required in China for direct sales.  ·       UK Bribery Act not as concerned with the blurring of public and private officials.  ·       Scottish cases provide some interesting analogies. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jonathan Armstrong on Herbalife from a UK Perspective

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 4, Jonathan Marks and Tom Fox discuss the role of gatekeepers and the lack of skepticism at the Board of Directors.  Some of the highlights include: ·       Chief Audit Executive and Chief Compliance Officer exits should be 8K events. ·       Who guards the gatekeepers? ·       The Board is responsible for management override of controls.  ·       Why was there a lack of skepticism at the Board level?  Learn more about your ad choices. Visit megaphone.fm/adchoices

Jonathan Marks on the Roll of Gatekeepers

In this special edition, I am pleased to cross-post a recent live event hosted by Sean Freidlin, Director Product Marketing at SAI Global. He hosted the third edition of SAI Global’s Compliance Book Club, featuring Robert Chesnut, author of Intentional Integrity. Sean's Compliance Book Club is fast becoming one of the most listened to events in the compliance world. His interview with Robert Chesnut is great information for the compliance professional. Sean graciously allowed me to cross-post this interview as a podcast on the Compliance Podcast Network. ﻿SAI Global’s Compliance Book Club is a community initiative that brings ethics, compliance, and risk professionals together around a book you’ll love, and invites everyone to participate in a live Q&A and discussion with the author.  For the third meeting, and as part of our celebration of the fifth annual International Compliance Officer Day, we present “Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution” by Robert Chesnut. In Intentional Integrity, Chesnut offers a six-step process for leaders to foster and manage a culture of integrity at work. He explains the rationale and legal context for the ethics and practices, and presents scenarios to illuminate the nuances of thinking deeply and objectively about workplace culture. You can check out Sean's original recording here. Check out the full panoply of SAI Global Ethical Leadership Articles and Resources here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance Book Club Interview of Robert Chesnut on Intentional Integrity

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore those other professional service providers who enabled Wirecard in our bring Lawyers Guns and Money episode . Some of the highlights include: Weekly news wrap-up on Wirecard Is EY at its Arthur Anderson moment? Who has potential lawsuits against EY? Is a Bundestag inquiry in the works? Will there be an EU-level inquiry into the German government response? Who were the Enablers? Why is now the time for lawyers to take a stand for the Rule of Law? Learn more about your ad choices. Visit megaphone.fm/adchoices

Wirecard Part 9, Bring Lawyers Guns and Money

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 3, Matt Kelly joins me to consider the role internal audit in this matter and the (non) actions of Herbalife’s Board of Directors. Some of the highlights include: Internal Audit as window dressing does not good government make. How high up must internal audit push? What is the Board’s duty? Is there a Caremark claim against the Herbalife Board of Directors? Learn more about your ad choices. Visit megaphone.fm/adchoices

Matt Kelly on the Role of Internal Audit

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 2, Jay Rosen joins me to consider how Herbalife was able to avoid a Monitorship.  Some of the highlights include: ·       The Benczkowski Memo. ·       The need for full disclosure and candor. ·       Remediate extensively.  ·       End of monitorships as we know them? Learn more about your ad choices. Visit megaphone.fm/adchoices

Jay Rosen on the Lack of Monitorship

In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 1, Mike Volkov details how he would counsel a company which found itself in a situation similar to Herbalife.  Some of the highlights include: ·       Where would you start? ·       Make sure the full Board of Directors understands its obligations and the risks involved. ·       Build internal alliances moving forward.  ·       Be up front and candid with prosecutors. ·       Do not walk back promises or representations made to prosecutors.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike Volkov on the Herbalife FCPA Resolution

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 5, I am joined by James Tillen and Matt Ellis to take a retrospective look back over the 12 years of Miller & Chevalier’s Latin American Corruption Survey. Some of the highlights include: How have the perceptions of corruption changed in the region over the past 10 years? What have been the changes in anti-corruption laws in the region over the past 10 years? What has been the progression of views on corruption related risks to specific countries over the past 10 years?   Miller has 14 partner firms from the region involved in the Survey and we discuss their crucial role in obtaining actionable data. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Miller & Chevalier 2020 Latin American Corruption Survey-Part 5, 12-Year Retrospective

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 4, I visit with firm Counsel Greg Bates and we explore some of the Survey’s data on compliance program design and implementation. Some of the highlights include: What does the Survey data mean for in-house compliance officers? What trends does the Survey indicate vis-à-vis compliance program data? The Survey had almost 1000 respondents, with a mix of representatives from multinational, local/regional, and public and private companies. Do you see different levels of importance of ABAC compliance programming based on the type of company that responded?   What other efforts to manage bribery and corruption risks are you seeing in the Survey data?   The Survey was conducted just before Coronavirus hit Latin America. Looking into your crystal ball, how do you think COVID-19 will impact compliance programming in the region? Join us in our final episode where I am joined by James Tillen and Matt Ellis to take a retrospective look back over the 12 years of Miller & Chevalier’s Latin American Corruption Survey. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Miller & Chevalier 2020 Latin American Corruption Survey-Part 4, Compliance Program Design and Implementation

In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law. She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore lies, spies and Wirecard. ﻿Some of the highlights include: Weekly news wrap-up on Wirecard What did BDO find in the Philippines? Why was the Wirecard Board of Directors afraid to meet in a conference room with windows? Why is there no interest in the bankruptcy remains of Wirecard? What did the initial Insolvency Report show? Was Wirecard ever designed to be profitable? The continued adventures of Jan Marsalek. More dirty money. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lies, Spies and Wirecard

Welcome to a special five-part podcast series where I take a deep dive into the Miller & Chevalier Chartered Latin American Corruption Survey. Over this five-part series I will visit with firm lawyers James Tillen, Matt Ellis, Alexandra Almonte and Greg Bates. Miller & Chevalier and 14 partner firms have tracked perspectives on anti-corruption issues in the region since 2008. It is the most comprehensive survey on the perception of corruption in Latin America.  This year, 54 percent of survey respondents said corruption is a significant obstacle to doing business – up 10 percent since 2012 – while only 45 percent of respondents believe offenders are likely to be prosecuted, down from 66 percent in 2008. Despite Latin America's anti-corruption progress over the last decade this new survey data reveals corruption risk to be at an all-time high across the region. In this Episode 3, I visit with firm Member Alejandra Almonte and we explore some of the Survey’s high-level findings on compliance trends in the Latin American region. Some of the highlights include: What were some of the key high-level findings about corruption and anti-corruption compliance in the region?  Focusing on implementation of compliance programming in Latin America, what trends does the Survey show are emerging? Given the enactment of laws in the region, such as Brazil’s Clean Companies Act and other anti-corruption legislation, where does the FCPA stand in the region?   What does the continued importance of the FCPA mean for compliance programs in the Latin American Region?  Join us in our next episode where we explore some of the Survey’s data on compliance program design and implementation with Greg Bates. For more information on the Miller & Chevalier Chartered 2020 Latin American Corruption Survey, click here. The Survey is available in English, Spanish and Portuguese.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Miller & Chevalier 2020 Latin American Corruption Survey-Part 3, Compliance Trends

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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