Compliance into the Weeds

Tom Fox
  • 4.0 (15)
  • Management
  • Updated Weekly

What happens when two compliance aficionados get together to talk all things compliance, risk management and ERM? You get Tom Fox, the Voice of Compliance and Matt Kelly, the Coolest Guy in Compliance, going into the weeds of a topic each week. Each week, you can take a deep dive with two of the top writers, thinkers and prognosticators in compliance. 

  1. Bosch and the Foreign Direct Product Rule: Lessons from the Export Controls and NSD Settlement

    1d ago

    Bosch and the Foreign Direct Product Rule: Lessons from the Export Controls and NSD Settlement

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it in greater depth. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the recent Bosch export controls enforcement action involving two German subsidiaries that sold about $72 million in advanced microsensors and software to Huawei from 2020 to late 2024 Their actions violate U.S. export controls tied to the Foreign Direct Product Rule and 2020 “footnote one” restrictions. Although Bosch voluntarily self-disclosed, cooperated, remediated, disgorged profits, and received a DOJ criminal Declination, BIS imposed a $36.1 million civil penalty, citing fundamental compliance failures: an understaffed and underqualified export controls function, confusion between the de minimis rule and the foreign direct product rule (which has no de minimis exception), and mishandling repeated external warnings from business partners and suppliers. They highlight internal control and communication breakdowns (including external signals) and the need to build specialized export/sanctions compliance capacity, noting BIS issued a compliance framework in 2020 and offers training. Key highlights: Bosch case overview Understaffed compliance fallout Ignored partner warnings Declination and remediation COSO signals and controls Building export compliance muscle Resources Matt in Radical Compliance Tom in the FCPA Compliance Blog: Part 1, Part 2, Part 3, Part 4, and Part 5 posts on Thursday, June 25. Tom Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

    27 min
  2. OFAC’s Warning Shot: FTI Consulting Fined for Indirect Dealings with Sanctioned Bank

    Jun 17

    OFAC’s Warning Shot: FTI Consulting Fined for Indirect Dealings with Sanctioned Bank

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it in greater depth. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss a recent OFAC enforcement action fining FTI Consulting $1.05 million for a sanctions violation involving indirect dealings with Russia’s state-owned VTB Bank. FTI provided economic analysis for VTB in litigation, but, knowing VTB was sanctioned, used a law firm as an intermediary to invoice and receive payment, which OFAC said does not avoid liability because prohibitions apply to indirect transactions as well as direct ones. OFAC doubled the base penalty of $525,000 explicitly to promote future compliance by similarly situated companies, signaling strong disapproval of “middleman” structures. The case also involved unpaid invoices that became an impermissible extension of credit to a sanctioned entity, highlighting the need for rigorous contract and payment-term review beyond basic sanctions screening and for dedicated sanctions expertise. Key highlights: Introducing the OFAC Case Middleman Billing Scheme Why Screening Misses Indirect Risk Did Compliance Approve It? OFAC Expectations and Capability Penalty Doubled Warning Shot Unpaid Invoices as Credit Extension Resources: Matt in Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred the Davey, Communicator, and W3 Awards, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    20 min
  3. Why the Compliance Job Market Feels Frozen

    Jun 3

    Why the Compliance Job Market Feels Frozen

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it in greater depth. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss a recent slowdown in compliance and internal audit hiring, with more layoffs and fewer job openings over the last several months. Matt attributes the “frozen” market to broader economic uncertainty, tariffs, the war in Iran, which is driving higher energy costs, and erratic regulatory enforcement, all of which, combined with executives’ indecision about AI’s costs and impact, lead companies and employees to avoid change. They note structural competition at senior levels due to a larger, more experienced talent pool and the limited number of top roles, while acknowledging opportunities in compliance-adjacent paths such as HR, legal, governance, and integrity functions, depending on experience and credentials. Matt suggests focusing on interpersonal and cross-functional skills AI can’t replace and highlights continued demand in trade compliance, whistleblowers, and anti-fraud/False Claims Act work. Key highlights: Compliance Job Market Shift Why Hiring Feels Frozen AI and Executive Uncertainty Talent Supply and Senior Roles Career Moves and Branding Where Hiring Still Happens Resources: Matt in Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    23 min
  4. An SEC Rollback and a Tribute to Barney Frank

    May 27

    An SEC Rollback and a Tribute to Barney Frank

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss SEC Chair Paul Atkins’ proposals to overhaul filer categories and sharply reduce corporate reporting and governance obligations, including SOX 404B internal control testing and Dodd-Frank say-on-pay votes, alongside a companion proposal to allow semi-annual instead of quarterly reporting. Matt explains the shift to only two categories, raising the large accelerated filer threshold to $2B market cap, eliminating smaller reporting company status, and leaving roughly 80% of public companies as non-accelerated filers with reduced disclosures (e.g., two years of audited financials). They note a five-year IPO grace period, dubbed the “Elon exemption”, that could cover large new issuers such as SpaceX, OpenAI, and Anthropic. They warn of weakened investor protection, reduced enforcement, and significant impacts on compliance and culture. The episode closes with reflections on Barney Frank’s intellect, style, and Dodd-Frank legacy. Key highlights: Atkins Rollback Overview New Filer Categories and Elon Exemption Investor Protection Fallout Compliance Culture Impacts Remembering Barney Frank Resources: Matt on Radical Compliance Tom in Compliance Week Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    23 min
  5. The DOJ Trainwreck and the Rising Risk Calculus for Compliance and Self-Disclosure

    May 13

    The DOJ Trainwreck and the Rising Risk Calculus for Compliance and Self-Disclosure

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss how internal dysfunction at the U.S. Department of Justice is creating uncertainty for corporate compliance teams and corporations more generally. Focusing on a reported turf battle between the long-standing Fraud Section in the Criminal Division, established in 1955 and central to FCPA enforcement and compliance guidance, and a newly created national Fraud Division, which was initially framed as targeting government benefits fraud. They argue that the reorganization could drain expertise, reduce future DOJ guidance, and distort enforcement into politically selective actions, citing IBM’s $17 million settlement, an EEOC case involving The New York Times and Smartmatic, and Smartmatic’s experience. They also highlight DOJ staffing losses with a net 20% fewer lawyers, loss of experienced attorneys, reliance on inexperienced hires and bonuses, and warn that the volatility may chill voluntary self-disclosure despite DOJ messaging encouraging it. Key highlights: DOJ Train Wreck Overview Fraud Section vs Fraud Division Political Enforcement Reality Self-Disclosure Gets Riskier What Companies Should Do Now Resources: Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    27 min
  6. Ohio State and Improper Requests by a President

    May 6

    Ohio State and Improper Requests by a President

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore the subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the recent departure of the President of the Ohio State University. Matt and Tom raise a compliance-focused question: how should an employee respond after receiving a request that may implicate an improper relationship between a company president and his girlfriend? They highlight whether an employee should question or report a potentially inappropriate relationship based solely on the request or whether doing so would go too far without more substantive evidence. Their discussion emphasizes that addressing such concerns can be a delicate conversation for employees to navigate. Resources: Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    23 min
  7. Navigating DOJ's Evolving Self-Disclosure Strategies

    Apr 29

    Navigating DOJ's Evolving Self-Disclosure Strategies

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore the subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss a recent Law360 post by Hui Chen on the evolving calculus for self-disclosure. Hui Chen’s insights into the Department of Justice’s (DOJ) evolving self-disclosure strategies are crucial for companies navigating the complexities of compliance in today’s uncertain regulatory environment. As a former DOJ compliance counsel and a Microsoft compliance officer, Chen emphasizes the challenges posed by a politicized, understaffed DOJ, urging companies to reassess their compliance programs amid shifting enforcement dynamics. Tom and Matt echo Chen’s concerns regarding the DOJ’s current state. Tom, acknowledging Chen’s expertise, highlights the impact of the department’s politicization and understaffing on the effectiveness of compliance efforts, while Matt underscores the importance of proactive self-disclosure despite uncertainties, stressing the potential risks of inaction under the current administration. Both agree that the fractured nature of the DOJ requires a reevaluation of traditional compliance and self-disclosure strategies. Key highlights: Navigating DOJ Self-Disclosure Strategies with Wei Chen Justice Department’s Impact on Corporate Prosecutions Mitigating Criminal Violations through Self-Disclosure Benefits of Self-Disclosure in Corporate Enforcement Resources: Hui Chen on Law360 (sub req’d) Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    23 min
  8. Banking Regulators Cut Model Risk Guidance: Implications for Compliance, Audit, and AML Oversight

    Apr 22

    Banking Regulators Cut Model Risk Guidance: Implications for Compliance, Audit, and AML Oversight

    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully, and looking for some hard-hitting insights on compliance. Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss new Federal Reserve, FDIC, and OCC model risk management guidance issued late Friday, arguing it replaces detailed, bright-line expectations with thin, principles-based language. They contrast the prior OCC guidance (109 pages) with the new 12-page document, saying it describes model risk governance abstractly but offers little direction on what banks should do, leaving decisions about materiality and oversight to management. They highlight practical consequences for bank compliance and internal audit, including reduced leverage to insist on prudent governance, potential weakening of AML model oversight under the strict-liability Bank Secrecy Act, and the risk of more arbitrary enforcement amid reduced regulatory staffing. They also note that the guidance excludes AI models, with future AI guidance promised only through a later comment process. Key highlights: From 109 pages to 12 Principles vs specifics debate Internal audit sidelined Regulators and capacity cuts AI models left out  Resources: Matt on Radical Compliance  Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices

    23 min
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Ratings & Reviews

4
out of 5
15 Ratings

About

What happens when two compliance aficionados get together to talk all things compliance, risk management and ERM? You get Tom Fox, the Voice of Compliance and Matt Kelly, the Coolest Guy in Compliance, going into the weeds of a topic each week. Each week, you can take a deep dive with two of the top writers, thinkers and prognosticators in compliance. 

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