1,322 episodes

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.

FCPA Compliance Report Thomas Fox

    • Business

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.

    Doreen Edelman on CFIUS under the Biden Administration

    Doreen Edelman on CFIUS under the Biden Administration

    In the Episode, I visit with Doreen Edelman, chair of the Lowenstein Sandler Global Trade & Policy practice. She leads a unique team that combines global trade and policy expertise with cross-border M&A, technology, government contracts, white collar investigations, and business counseling practices to help clients develop strategies to minimize global business risks, increase compliance with U.S. requirements, and mitigate matters raised by U.S. regulatory agencies and the U.S. Department of Justice. Doreen joins me to bring us up-to-date on all things Committee on Foreign Investment in the United States (CFIUS) and where it is headed under the Biden Administration. 
     Some of the highlights include:

    Why do you want everyone in compliance to have some familiarity of CFIUS?

    Isn’t it just about foreign ownership?

    Is this just about China?

    Do you expect Biden to come in and have lots of changes?

    What if you have investors that are Limited Partnerships?

    When should company or investor start to consider CFIUS issues?

    Are there any exceptions? Is there a de minimus exception for small deals?

    What are the rules on a real estate purchase under CFIUS?

    Resources
    Doreen Edelman LinkedIn page
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    • 33 min
    James Koukios on the MoFo Top 10 International Anti-Corruption Developments for October 2020

    James Koukios on the MoFo Top 10 International Anti-Corruption Developments for October 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 October 2020.
    Some of the highlights include:

    A record setting year in FCPA enforcement.

    Beam Suntory-how did things go so sideways from SEC enforcement to DOJ enforcement.

    Transparency International Report on International anti-corruption enforcement.

    The continued debate over DOJ interpretation of agency theories. Do the 2 amici sited in the newsletter present any new arguments?

    China considering changes to anti-corruption laws. What does this mean for Western companies and does it pose an increased risk?

     Resources
    To a copy of the Top 10 International Anti-Corruption Developments for October 2020 Newsletter click here.
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    • 23 min
    Special Edition-Everything Ethics

    Special Edition-Everything Ethics

    Today I have a special year end episode where I am interviewed by Kevin Foster for his show Everything Ethics, which he has graciously allowed me to cross-post. It is a free flowing conversation about ethics with some compliance thrown in. It was a ton of fun to visit with Kevin. You can check out more about Kevin and his ethics trainings on the Resources below. 
     Resources
    J. Kevin Foster LinkedIn Profile
    Business Ethics Advisors
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    • 1 hr 1 min
    Eric Young on Key Compliance & Enforcement Changes 2010 to 2020

    Eric Young on Key Compliance & Enforcement Changes 2010 to 2020

    In this episode, I am joined by Eric Young, recently retired long-time compliance professional. In a continuing series on the FCPA Compliance Report, Eric joins me to explore some of the key changes he observed in compliance and enforcement in the financial industry over the decade of 2010 to 2020. 
    Some of the highlights include:                            

    Greater and more visibility of bribery and corruption enforcement, particularly by the SEC against financial institutions.

    Much lower regulator tolerance for poor data governance, self-governance and self-regulation.

    An AML compliance program is a microcosm of what an enterprise-wide corporate compliance program should look like.


    Resources
    Eric Young on LinkedIn
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    • 17 min
    James Koukios on the MoFo Top 10 International Anti-Corruption Developments for September 2020

    James Koukios on the MoFo Top 10 International Anti-Corruption Developments for September 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 September 2020.
    Some of the highlights include:

    Brazil developments. Car wash to be extended?

    SEC Amends Rules Governing Whistleblower Awards. Why were they amended?

    Why has it become so important/powerful?

    Any chance new Administration or Congress would fix Supreme Court decisions in Kokesh and Digital Realty Trust?

    Sargent Marine FCPA enforcement action-a rare criminal prosecution against a company. Why are such cases so rare?

    The discount: what was the basis; what is the process for seeking such a discount? What types of evidence is required?

    Oil Trader Charged with Bribing Ecuadorian Officials. 


    Resources
    To a copy of the Top 10 International Anti-Corruption Developments for September 2020 Newsletter click here.
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    • 25 min
    Fry Wernick and Mike Ward Dissect the Year’s 3 Biggest Anti-Corrupt Cases

    Fry Wernick and Mike Ward Dissect the Year’s 3 Biggest Anti-Corrupt Cases

    In this episode, I was pleased to visit with Fry Wernick and Mike Ward, both partners at Vinson & Elkins. We dissect the three biggest anticorruption enforcement actions: Airbus, J&F Investments and Goldman Sachs. Fry explains things from the government perspective and Mike takes a look at things from the in-house CCO or compliance professional perspective. Their collective insights were great and I know you will enjoy this episode:
     I.  Airbus
    DOJ Perspective

    In this case, the UK and France took the lead in the investigation? What does this mean workload wise in the FCPA unit?

    There were claims other than FCPA violations investigated by the US. How, if at all, did those impact the FCPA investigation.

    What are some of the unique challenges in working with French prosecutors and theFrench blocking statute.

    How does the DOJ work thru the gross penalty with other countries?

    Company Perspective

    What does this case tell a compliance professional?

    What was the bribery scheme? What is the MO of the bad guys?

    What controls were discussed in the settlement documents?

    What company conduct was rewarded?

    II.  J&F Investments
    DOJ Perspective

    How do you evaluate something so massive, yet largely resolved by the time the DOJ takes the lead?

    How is it to work with Brazilian prosecutors? Does each large international investigation have its own character and cadence?

    Company Perspective

    This case had difficult corporate governance issues.

    Your M&A protocol needs to be in place but the risks from each transaction are bespoke.

    In many ways, the case was a testament to deep pockets.

    Pay attention to what is said in the resolution documents.

    III.  Goldman Sachs
    DOJ Perspective

    Obviously as the biggest FCPA prosecution ever, how does the Dept. work up such a case. Are there multiple prosecutors working up different aspects of the case?

    How do you coordinate both internationally and domestically with all the other regulatory bodies?

    What is the one pie concept and why is it so important?

    Company Perspective

    Why was there no monitor?

    Compliance needs to be persistent and persistently right.

    Why are compliance red flags also commercial red flags?

    Will clawbacks become the norm?

    For more information on Fry Wernick and Mike Ward and their practices, check out the Vinson & Elkins website here.
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    • 1 hr 3 min

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