FCPA Compliance Report

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into the recent Bankrate DOJ enforcement action in which the company garnered a NPA and for which it paid a total penalty of $28.5 million. We...

MARCH 13, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Ex-Olympus boss wins pension suit. (Financial Times)·      Feds bring massive college admission scam action. (Washington Post) ·      The OECD is watching. (Calgary Herald)·       Former KPMG partners convicted in PCAOB scandal. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adchoices

MARCH 12, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Did Oracle violate the FCPA? (Tech Central)·      General David Petraeus calls for the end of shell companies. (Washington Post)·      Jay Clayton says prepare for market turmoil if there’s a hard Brexit. (MarketWatch)·       What is a ‘loonshot’? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adc...

MARCH 11, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Wells Fargo and terrible corporate culture. (New York Times) ·      Martin Shekreli continues to run company (from prison). (Washington Post)·      LSU suspends BB coach indefinitely. (Sports Illustrated)·       Leadership Lessons from Sandra Day O’Conner. (Wall Street Journal) Learn more about your ad choices. Visit meg...

In this episode I visit with Andrew Beato from the law firm of Stein Mitchell Beato & Missner LLP. We discuss the firm’s recent Federal Claims Act settlement with Walgreen on behalf of firm client  Marc Baker. Walgreens agreed to pay $60 million to settle allegations that it knowingly overcharged government healthcare plans such as Medicaid for prescription drugs. With this settlement, Walgreens r...

In this special bonus podcast, I am joined by Mike Volkov to discuss the stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the FCPA enforcement action against the Russian telecom company, MTS. The FCPA enforcement action came in at $850 million which makes it Number 3 in the Top 10 of all-time FCPA settlement. Some of the h...

In this episode I visit with podcast favorite Erica Salmon Byrne, the EVP and Executive Director of Business Ethics Leadership Alliance at Ethisphere on its 2019 World’s Most Ethical company awards. The companies will be honored at the upcoming Some of the highlights of the podcast include: ·     This year’s numbers include 128 companies honored. They were located in 21 countries and in 50 differe...

MARCH 9, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      A COI at the top is bad. (Financial Times)·      There are more $100 bills than $1 bills. What does that mean for compliance? (Financial Times) ·      Will Justin Trudeau survive? (Financial Times)·      What happens when billionaires fight? (Financial Times) Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom and Jay were both conferencing this week, albeit in different disciplines. Tom at Podfest Expo and Jay at the ABA White Collar Crime conference. In between they discussed some of this week’s top compliance and ethics stories which caught their collective eyes. 1.    MTS has massive FCPA resolution. Harry Cassin breaks the story.2.    CTFT to follow DOJ lead on enforcement and SEC lead on Whist...

The only Opinion Release of 2011 (11-01) may have left compliance practitioners initially scratching their heads. However, this collective head scratching is not because the Opinion Release is so difficult to understand and has no application to the everyday business of compliance, but for a polar opposite reason – the question posed to the Department of Justice (DOJ) is so straight-forward, and h...

MARCH 8, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Gulnara Karimova charged with conspiracy to commit money laundering in the whooping amount of $866MM. (FCPA Blog)·      How to win friends and influence enemies? (Financial Times) ·      Facebook says it not prioritizes privacy. Do you believe it? (New York Times)·      What happens when billionaires fight? (Wall Street J...

Welcome to the only roundtable podcast in compliance. This episode is Part 1 of a special two-part episode. Today, in Episode 42 Mike Volkov and Jay Rosen sound off. Next week, in Episode 43 Jonathan Armstrong and Matt Kelly weigh in on issues that are on their collective minds. Shout outs (and no rants) follow this episode only after the commentators say their peace.   1. Mike Volkov uses the Coh...

MARCH 7, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Russia based MTS settles FCPA violations for $850MM (FCPA Blog)·      CTFT to follow DOJ lead on enforcement and SEC lead on Whistleblowers. (CTFT Press Release)·      Are you still under construction? (You should be) (Wall Street Journal)·      Robert Kraft lawyers up. (New York Times) Learn more about your ad choices. V...

MARCH 6, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Huawei sues US claiming Bill of Attainder. (Zero Hedge)·      The clown show ends. (New York Times)·      Rule 29 ruling rides into the sunset. (New York Times)·       Just in time to watch March Madness, Carlos Ghosen to be released on bail. (Wall Street Journal) Learn more about your ad choices. Visit megaphone.fm/adcho...

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into horrific corporate conduct engaged in by Hacienda Healthcare in Arizona over the past few months. Our discussion provides insights into fa...

Corruption can take many forms, but its root causes often include a conflict of interest and possibly some type of collusion. In this episode, we’re illustrating these concepts and how they intertwine, and what you can do to proactively make sure your organization is secure. Where there is collusion, there may also be a conflict of interest While this type of fraud doesn’t necessarily involve a th...

Welcome to the Modern Medium Podcast! We talk about the tools, strategies, tactics, and possibilities in modern medium design. In our first episode, we’re exploring ideas: how they form, how they change, and how we might incorporate those ideas into graphic design. The creative process and coming up with ideas When you’re stuck in a creative rut, it’s difficult to know where to begin with an idea....

MARCH 5, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Uber’s GC is trying to clean up its mess. What about its culture? (New York Times)·      Dutch authorities about to charge Shell with massive bribery scheme. (CNBC)·      Wells Fargo Hires Strategic Enterprise Risk Chief. (Wall Street Journal)·      Purdue Pharma preparing bankruptcy filing. (Wall Street Journal) Learn mo...

In the second Opinion Release of 2007, 07-02, the Department of Justice (DOJ) considered another scenario where a US company desired to pay for travel to the US of foreign officials and for some business entertainment while these persons were in the US. It had some additional facts beyond those from Opinion Release 07-01 which are important for a compliance program.  Learn more about your ad choic...

In 2007, the DOJ issued two Foreign Corrupt Practices Act (FCPA) Opinion Releases which offered guidance to companies considering whether to, and if so how to, incur travel and lodging expenses for government officials. Both Opinion Releases laid out the specific representations made to the DOJ, which led to the Department approving the travel to the US by the foreign governmental officials. These...

What is a company to do if, in order to obtain a contract with a foreign government, they must agree to invest a percentage of the proceeds of the transaction into the community in which it operates as a “charitable donation”? This issue was considered in the second FCPA Opinion Procedure Release of 2010, 10-02. This issue is often negotiated with the foreign government and can include cash or in-...

Can you hire a foreign official as your agent? Is a foreign official always a foreign official for the purposes of the Foreign Corrupt Practices Act (FCPA)? Can a person be a foreign official yet not under a contract for third party services? After all, the FCPA does not prohibit business relations with or even payments to foreign officials as there must be evidence of corrupt intent. Put another...

MARCH 4, 2019 BY TOM FOX In today’s edition of Daily Compliance News: ·      Why is prosecuting bankers so hard? (Wall Street Journal)·      Huawei fights back against jailed exec. (Wall Street Journal)·      Meanwhile, Canada moves extradition hearing forward against Huawie exec. (Wall Street Journal)·      Canada PM in deep trouble and its getting in deeper. (Wall Street Journal) Learn more abou...

In this episode I visit with Andrew Beato from the law firm of Stein Mitchell Beato & Missner LLP. We discuss the firm’s recent False Claims Act settlement with Walgreen on behalf of firm client  Marc Baker. Walgreens agreed to pay $60 million to settle allegations that it knowingly overcharged government healthcare plans such as Medicaid for prescription drugs. With this settlement, Walgreens res...

Tom returns from London to find Sam Rubenfeld announcing his departure from the WSJ Risk and Compliance Journal via Twitter. Tom and Jay are back together to take a look  at some of this week’s top compliance and ethics stories which caught their collective eyes this week.  1.    Ethisphere’s 2019 World’s Most Ethical companies awards is announced. 2.    Fresenius announces pending FCPA resolution...