FCPA Compliance Report

Thomas Fox
  • 4.7 (20)
  • BUSINESS
  • UPDATED BIWEEKLY

The FCPA Compliance Report is the longest running podcast in the in compliance and business ethics. Join 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.

  1. Buying Blind: AI Procurement Risks Ethics with Jessica Tillipman

    2D AGO

    Buying Blind: AI Procurement Risks Ethics with Jessica Tillipman

    In this episode, Tom Fox welcomes Jessica Tillipman, Associate Dean for Government Procurement Law Studies; Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy. We take a deep dive into federal procurement and compliance. We begin with Tillipman’s recent article “Buying Blind: Corruption Risk and the Erosion of Oversight in Federal AI Procurement.” Tillipman explains how her initial focus on AI as a tool to reduce procurement risk shifted after finding instances of AI exploitation and U.S. regulatory changes, raising concerns that contracting practices (commercial terms, limited audit rights, reduced testing and documentation) worsen AI’s inherent opacity. She contrasts government contracting’s “superpower” rights with transparency and competition mandates tied to taxpayer funds and discusses procurement tradeoffs between speed and oversight. Tillipman distinguishes fraud from waste and abuse, warning against conflating categories. She analyzes GSA’s proposed AI clause as overdue but overly broad and potentially unworkable, and stresses the importance of explainability, human oversight, and due process for consequential AI use. The conversation highlights procurement as a major corruption and compliance risk area and the need to invest in people and integrated teams. Key highlights: Government vs Private Contracting Procurement Blind Spots AI Procurement Black Box Fraud, Waste, and Abuse GSA AI Clause Debate Training Future Leaders Resources: Jessica Tillipman at GW Law Jessica Tillipman at LinkedIn Jessica Tillipman Website Jessica Tillipman Publication Buying Blind: Corruption Risk and the Erosion of Oversight in Federal AI Procurement Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

    32 min
  2. World’s Most Ethical Companies 2026: the 8.2% Ethics Premium

    MAR 23

    World’s Most Ethical Companies 2026: the 8.2% Ethics Premium

    In this episode, Tom Fox welcomes back Erica Salmon Byrne to talk about Ethisphere’s 20th edition of the World’s Most Ethical Companies. Erica began by noting that there are 19 first-time honorees across 40 industries and 17 countries in the  2026 World’s Most Ethical Companies awards. They discuss the rigorous 250+ question Ethics Quotient and documentation review. They discuss the Ethics Premium using a five-year lookback (Jan 1, 2021–Dec 31, 2025), which showed 8.2% statistically significant outperformance versus a benchmark, based on index-firm analysis with capped company weighting. Beyond outperformance, the data showed a resiliency pattern during volatility: lower drawdowns, less time at the bottom, and faster recovery, which is correlated with practices that protect intangible assets. They highlight common honoree program elements, including transparency on investigations and discipline, more interactive “espresso shot” training, and manager toolkits and expectations to drive culture. They preview the 17th Global Ethics Summit in Atlanta and the WME gala. Key highlights: How the WME Process Works Record 8.2% Outperformance Resilience and Drawdowns Compliance Protects Value Trust Through Transparency Global Ethics Summit Preview Resources: Erica Salmon Byrne on LinkedIn Inside the Ethics Premium Solactive GBS Global Markets All Cap USD Index Ethisphere Tom Fox Instagram Facebook YouTube Twitter LinkedIn The Ethics Premium on the FCPA Compliance and Ethics blog. For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

    28 min
  3. SDNY's New Policy on Declinations

    MAR 16

    SDNY's New Policy on Declinations

    In this episode, Tom Fox welcomes back Hughes Hubbard partner Mike DeBernardis to discuss the Southern District of New York’s new corporate enforcement voluntary self-disclosure program for financial crimes and why SDNY leadership, including Jay Clayton, likely issued it: to encourage self-disclosure that saves enforcement resources and supports DOJ’s focus on individual accountability. They compare the policy to the (former) DOJ’s Corporate Enforcement Policy, highlighting notable distinctions such as SDNY’s narrower scope (financial/market integrity offenses) and a revised approach to aggravating factors that excludes common CEP considerations like seriousness, pervasiveness, and senior management involvement, while carving out categories including foreign bribery and sanctions evasion, potentially reducing forum shopping. They also examine a “conditional declination” within two to three weeks, its implications for investigation speed and timeliness, and added pressure from whistleblower programs and compressed internal triage timelines. Key highlights: Why SDNY Issued It SDNY Significance Aggravating Factors Shift Does It Move Needle Conditional Declination Speed Whistleblowers and Pressure Resources:  Hughes Hubbard and Reed Mike DeBernardis on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    25 min
  4. Highlights from SCCE Europe with Gerry Zack

    MAR 9

    Highlights from SCCE Europe with Gerry Zack

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This is our 800th edition. In this episode, Tom Fox welcomes back Gerry Zack, who recently attended the SCCE Europe conference in Berlin. They begin by noting the differences from the U.S. national conference, including a stronger European focus on behavioral ethics, culture, and community networking. Zack highlights extensive conference attention to AI, including the shift toward agentic AI, practical compliance uses such as identifying policy gaps, enhancing third-party due diligence, and automating anomaly follow-up, while cautioning about investigative risks if AI-generated interview strategies are scrutinized in court. They discuss AI-driven fraud threats (deepfakes, fake invoices, and improved phishing) and the growing concerns about shadow AI and the improper use of confidential information. Zack also describes a company’s experience pursuing ISO 37301 and 37001 certifications and notes ongoing work and limited U.S. awareness around the UK Failure to Prevent Fraud Act. He was surprised by the profession’s continued lack of sophistication in risk assessments. Key highlights: US vs Europe Conference AI Keynote and Practical Takeaways ISO Compliance Certification UK Failure to Prevent Fraud Surprises Risk Assessment Gap Resources: Gerry Zack on LinkedIn RiskTrek Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    32 min
  5. Venezuela Re-Entry: A Strategy of Watchful Waiting

    MAR 2

    Venezuela Re-Entry: A Strategy of Watchful Waiting

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Morgan Lewis partners Carl Valenstein (international corporate law, Latin America) and Katelyn Hilferty (international trade, export controls and sanctions) on whether businesses should consider returning to Venezuela after Maduro’s arrest and President Trump’s announcement. Ed. Note: this podcast was recorded in February, and since then, OFAC has issued New and amended Venezuelan-related General Licenses. The situation remains fluid. Valenstein leads off by noting that he is counselling businesses to engage in “watchful waiting” due to continued instability, corruption, weakened institutions, security risks, uncertainty about elections, and a lack of clear U.S. incentives, such as political risk insurance. Hilferty explains that sanctions relief is narrow: two limited OFAC general licenses focused on Venezuelan-origin oil and U.S.-origin diluents, while most sanctions and broad export control restrictions remain in effect, with licenses revocable. They discuss payment and transparency concerns, large outstanding debts, and major capital and operational challenges to restore oil production. They advise companies to review licenses, establish compliance guardrails, screen counterparties, and draft contract and payment terms before pursuing opportunities. Key highlights: What Changed in Venezuela Watchful Waiting Reality Check License Reversals and Uncertainty Compliance Starting Point Checklist Cartels and Terror Designations Beyond Oil and Gas Opportunities Resources: Morgan Lewis Carl Valenstein Katelyn Hilferty Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    26 min
  6. Navigating Compliance in 2026: Trends and Transformations

    FEB 16

    Navigating Compliance in 2026: Trends and Transformations

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, we replay a recent webinar Tom Fox participated in, hosted by EQS. The panel moderator was Steph Holmes, and the panelists were Tom Fox, Mary Shirley, and Matt Kelly. The session focuses on six key 2026 trends for ethics and compliance programs: (1) AI moving from experimentation to operational use, emphasizing deliberate scaling, human-in-the-loop oversight, governance frameworks, monitoring, and managing “shadow AI,” with practical use cases such as policy chatbots, gift/travel/entertainment reviews, and AI-enabled third-party risk lifecycle management; (2) enforcement “volatility” and unpredictable regulatory signals, with emphasis on returning to fundamentals such as documenting program inputs and outcomes, and noting continued activity, including record FCA resolutions and a DOJ whistleblower program award leading to a rapid antitrust settlement; (3) shifting employer–employee dynamics, including Gartner survey findings that 40% of employees would intentionally miss a compliance requirement to harm their organization, discussion of trust, employee sentiment, multi-generational communication differences, and the need to partner with HR while staying within organizational lanes; (4) heightened third-party and supply chain risk expectations, including cybersecurity, tariffs/tariff evasion, export controls, and the need to unify siloed risk views into a holistic third-party risk assessment; (5) anticipated increases in whistleblowing and investigation demands amid volatility, highlighting the importance of preventing retaliation, keeping reporters feeling heard through responsive communications, triage protocols, and anonymized case examples to build trust; and (6) measuring program effectiveness through a shift from outputs to outcomes, including reviewing KPIs and key risk indicators, peer review of investigations, hotline “mystery shopping,” and gap analyses against the DOJ’s ECCP and compliance program hallmarks, with special emphasis on third-party documentation and ongoing monitoring. Resources: Mary Shirley on LinkedIn Steph Holmes on LinkedIn Matt Kelly at Radical Compliance EQS Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    1 hr
  7. FCPA Enforcement Shifts: Volatility and Uncertainty

    FEB 9

    FCPA Enforcement Shifts: Volatility and Uncertainty

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode,  host Tom Fox welcomes Anik Shah, Director & Senior Legal Counsel at Sandisk, for an insightful discussion about the pivotal changes and enforcement actions around the FCPA in 2025 and their implications for 2026. In 2025, Anik Shah, a preeminent authority on FCPA and anti-corruption enforcement, offers a strategic perspective on the evolving compliance landscape. Given the recent uncertainties following an executive order and the dismissal of high-profile cases, Shah underscores the necessity for companies to maintain robust anti-bribery and anti-corruption controls, especially with potential reprioritization by the Department of Justice. He advocates a proactive risk management approach, emphasizing the importance of third-party risk management and comprehensive training to anticipate and mitigate potential FCPA issues. As enforcement focus shifts toward addressing cartel and transnational criminal organization activities, Shah advises companies to integrate anti-money laundering processes into their compliance strategies to align with global anti-corruption efforts. Key highlights: 2025 FCPA Enforcement Shifts and Uncertainty Voluntary Self-Disclosure Policy Revolution in 2025 Cartel Risk Mitigation through Compliance Integration Central Asia Construction Projects: Anti-Corruption Measures Proactive Measures: Fostering Anti-Corruption Compliance Awareness Resources: Anik Shah on LinkedIn Sandisk Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    31 min
  8. Navigating Security Threats In Venezuela with Marc Duncan - A Comprehensive Approach to Risk Management

    FEB 1

    Navigating Security Threats In Venezuela with Marc Duncan - A Comprehensive Approach to Risk Management

    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Marc Duncan, Chief Operating Officer at Salus Solutions, joins Tom to discuss security issues that US companies returning to Venezuela need to address upon reentering the country. They deep dive into understanding and managing security threats across domains such as finance, personnel, corporate structure, and cyber operations. Duncan discusses the importance of viewing problems abstractedly, conducting full-scale threat assessments, and the crucial role of continuous monitoring. He shares insights into working with local communities, ensuring physical and operational security, and developing crisis communication strategies. The conversation also touches on insider threats, technical surveillance countermeasures, and the need for a responsive, flexible security team. Learn how companies, including those operating in high-risk environments such as Venezuela, can effectively prepare for and mitigate risks. Key highlights: Comprehensive Threat Assessment Corporate Security and Board Involvement Assessing Organizational Risk Culture Insider and External Threats Logistics and Local Partnerships The Importance of Crisis Communication Training Final Thoughts and Recommendations Resources: Marc Duncan on LinkedIn Salus Solutions Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices

    27 min
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4.7
out of 5
20 Ratings

About

The FCPA Compliance Report is the longest running podcast in the in compliance and business ethics. Join 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.

Information

  • Creator
    Thomas Fox
  • Years Active
    2013 - 2026
  • Episodes
    1.6K
  • Rating
    Clean

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