FCPA Compliance Report

Thomas Fox

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. read less
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Episodes

DeepSeek and the Sputnik Moment
4d ago
DeepSeek and the Sputnik Moment
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes back Mike Huneke and Brent Carlson for a special two-part podcast series on DeepSeek’s bombshell AI advancements announced on President Trump’s inauguration day. In Part 1, we reviewed the business and compliance implications, and in Part 2, they consider the Sputnik Moment that has occurred. In this episode, we delve into the concept of the ‘Sputnik moment’ as it relates to the global race to dominate artificial intelligence (AI) technology in the 21st century. Our discussion highlights AI’s economic and military applications and its significance for the United States. The conversation touches on the role of compliance, enforcement, and the evolving regulatory landscape, including recent developments like the AI diffusion framework. The episode also explores the increasing responsibilities placed on U.S. companies and their compliance teams, especially concerning export controls and national security standards. Key highlights: Economic and Military Implications of AI Compliance and Enforcement Challenges The Role of Compliance Teams Board of Directors’ Responsibilities Resources: Mike Huneke Hughes Hubbard & Reed website Brent Carlson on LinkedIn A Fresh Look at US Export Controls and Sanctions DeepSeek Finds US Export Controls at a New ‘Sputnik Moment’ in Bloomberg.Law Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
DeepSeek and the Recalibration of Risk with Mike Huneke and Brent Carlson
5d ago
DeepSeek and the Recalibration of Risk with Mike Huneke and Brent Carlson
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes back Mike Huneke and Brent Carlson for a special two-part podcast series on DeepSeek’s bombshell AI advancements announced on President Trump’s inauguration day. In Part 1, they review the business and compliance implications, and in Part 2, they consider the Sputnik Moment that has occurred. In Part 1, they consider the immediate and significant repercussions in both the business and compliance landscapes. Key topics include the economic and geopolitical ramifications of DeepSeek’s innovations, changes in export control policies, and the unique compliance challenges AI technology poses. The discussion also examines how corporations can recalibrate their risk frameworks, integrate high-probability standards, and leverage data analytics to handle millions of transactions in a global economy. Emphasizing the importance of comprehensive compliance programs, the episode provides actionable insights for compliance professionals navigating this evolving landscape. Key highlights: DeepSeek’s AI Breakthrough Economic and Compliance Implications Export Controls and Legal Concerns Compliance Strategies and Risk Management Training and Organizational Culture Resources Mike Huneke Hughes Hubbard & Reed website Brent Carlson on LinkedIn A Fresh Look at US Export Controls and Sanctions DeepSeek Finds US Export Controls at a New ‘Sputnik Moment’ in Bloomberg.Law Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Strategic ROI: Navigating Export Controls and Compliance
Jan 13 2025
Strategic ROI: Navigating Export Controls and Compliance
Welcome to the award-winning FCPA Compliance Report, the longest-running compliance podcast. In this episode, Tom welcomes back Brent Carlson and Mike Huneke to discuss a crucial topic in corporate compliance: the return on investment (ROI) in export controls compliance. This pod reviews the challenges compliance professionals face in articulating the value proposition for investments in compliance programs. Brent and Mike highlight the misconceptions about compliance being merely a cost center and explore various ways to demonstrate its tangible benefits to executive teams and boards. The discussion also covers the impact of recent regulatory changes and geopolitical tensions and how companies can proactively address these shifts to ensure robust compliance and leverage new opportunities. By looking at past enforcement actions and drawing parallels with the evolution of the FCPA, the episode provides listeners with critical insights into the practical steps for enhancing compliance programs and the importance of staying ahead of regulatory expectations in a rapidly changing global trade environment. Key highlights: Setting the Stage for Compliance ROI Challenges in Export Controls Compliance Geopolitical Influences on Export Controls Comparing Export Controls to FCPA National Security and Economic Security Solutions and Strategies for Compliance Resources: Hughes Hubbard & Reed website Brent Carlson on Linkedin Mike Huneke on LinkedIn A Fresh Look at US Export Controls and Sanctions Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
The Art of Influence and Leadership: Insights from Jennifer B. Gardner
Dec 16 2024
The Art of Influence and Leadership: Insights from Jennifer B. Gardner
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jennifer B. Gardner, a seasoned trial lawyer and expert in leadership and influence. She shares her unique professional journey, from running her law practice to becoming a master storyteller in the courtroom. Jennifer delves into the importance of emotional intelligence, right-brain communication in influencing and persuading, and the necessity of understanding human psychology to lead and connect with diverse audiences effectively. Jennifer also sheds light on how these skills translate into the corporate compliance world, emphasizing the power of crafting messages that resonate emotionally and using simple, compelling language. She offers practical tips on combining data with storytelling, understanding one’s audience, and developing resilience in high-pressure situations. Whether you are a compliance officer, lawyer, or business leader, Jennifer’s insights provide valuable strategies for becoming more influential and effective in your professional role. Highlights in this episode: Jennifer’s Journey into Law and Leadership The Power of Influence in Law Applying Influence in the Corporate World The Art of Storytelling in Legal Cases Somatics and Leadership The Importance of Self-Awareness and Mindfulness Exploring the Art of Influence Program Resources: Jennifer B. Gardner on LinkedIn Gardner and Associates Law Firm The Art of Influence Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
Global Compliance Insights: Financial Market Compliance in Brazil with Bruna Veiga
Dec 9 2024
Global Compliance Insights: Financial Market Compliance in Brazil with Bruna Veiga
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom engages in a comprehensive discussion with Bruna Veiga about the evolution and significance of the compliance department in the financial markets in Brazil and globally. Bruna describes her journey, starting as a trainee and advancing to her current role as a Legal and Compliance Officer in fund management. She highlights the crucial role of combining regulations from different regions, particularly the rigorous frameworks in Brazil and the United States, to manage compliance effectively. The conversation delves into the historical development of compliance programs in Brazil, the challenges faced, and the similarities with the U.S. regulatory landscape. Bruna provides insights on managing compliance amidst evolving regulations, the importance of continuous learning, and establishing a culture that values ethical compliance. Key topics such as money laundering, AI governance, and compliance considerations in marketing are also explored, offering valuable strategies for compliance professionals to navigate these complex areas. Highlights in this episode: Development of Compliance in Brazil Navigating Multiple Regulations Hot Topics in Compliance: AI and Money Laundering Compliance Communication and Engagement Career Advice for Aspiring Compliance Professionals Resources: Bruna Veiga on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the entire 3-book series, The Compliance Kids, on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
Adrian Roux on South Africa’s New Compliance Legislation and Its Global Impact
Dec 2 2024
Adrian Roux on South Africa’s New Compliance Legislation and Its Global Impact
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Adrian Roux, a senior associate at Edward Nathan Sonnenberg, to discuss recent legislative changes in South Africa’s anti-corruption efforts and their global relevance. Adrian highlights the introduction of a new offense in South Africa akin to the UK’s Bribery Act’s ‘failure to prevent bribery’ offense and discusses a new policy directive for non-trial resolutions for companies facing corruption charges. Both initiatives aim to mitigate extensive corruption exposed during the Zuma era’s state capture saga, which involved high-profile public and private sector corruption cases investigated by the Zondo Commission. Adrian explains the challenges and implications of these legislative changes for compliance professionals globally, emphasizing the importance of understanding new compliance obligations and developing adequate procedural defenses. Additionally, the episode touches on increased international cooperation between South African and U.S. authorities in white-collar enforcement. This collaboration, noted in recent FCPA enforcement actions, signifies a growing trend towards global enforcement in corporate compliance and anti-corruption matters. Highlights in this episode: New Legislative Changes in South Africa Failure to Prevent Offense Adequate Procedures and Compliance Programs Corporate Alternative Dispute Resolution Directive International Cooperation in White Collar Enforcement  Resources: Arian Roux on LinkedIn ENS Law Firm Zondo Commission Report on State Capture Article on 34A of the Prevention and Combating of Corrupt Activities Act Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids, on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
Understanding the Corporate Transparency Act with Frank Tumminello
Nov 18 2024
Understanding the Corporate Transparency Act with Frank Tumminello
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Frank Tumminello for an in-depth discussion on the Corporate Transparency Act (CTA) and its business implications. They delve into the reasons behind the CTA, a law established under the Anti-Money Laundering Act of 2020, and its importance in enhancing transparency and preventing criminal activities like tax evasion and money laundering. Despite being in effect for nearly a year, there needs to be more awareness, with only 15% of the 40 million affected companies having complied. Frank explains the Beneficial Ownership Information (BOI) report, its requirements, and the challenges businesses might face in staying compliant. They also touch upon the misconceptions and legal difficulties surrounding the CTA, as well as the efforts of FinCEN to facilitate compliance, including the potential for extended deadlines in hurricane-affected FEMA zones. Lastly, Frank introduces ‘File Forms,’ a platform designed to streamline BOI reporting, highlighting its features, success stories, and support to businesses navigating these new requirements. Highlights in this episode: Overview of the Corporate Transparency Act Purpose and Misconceptions of the CTA Beneficial Ownership Information Reporting Constitutionality and Legal Challenges FinCEN Updates and Compliance Efforts File Forms: Features and Benefits   Resources: Frank Tumminello on LinkedIn FileForms Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Understanding Anti-Boycott Compliance with Alexander Cotoia
Nov 11 2024
Understanding Anti-Boycott Compliance with Alexander Cotoia
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes back Alexander Cotoia to discuss the intricate and profoundly impactful topic of anti-boycott compliance related to U.S. companies involved in international trade. They delve into the specifics of the EAR’s anti-boycott provisions, a framework designed to prohibit U.S. companies from participating in or supporting foreign-imposed boycotts not endorsed by the U.S. government. The conversation highlights the strict reporting requirements enforced by BIS and IRS to ensure transparency and adherence to U.S. trade compliance interests. Alexander explains the details of Quantum Corporation’s recent settlement over violations, emphasizing the importance of active reporting to maintain U.S. trade relationships. The discussion also touches on potential compliance challenges, particularly regarding China and Taiwan. Tune in for best practices in anti-boycott compliance and learn how to navigate this complex regulatory landscape. Highlights in this episode: Understanding Anti-Boycott Law Deep Dive into EAR’s Anti-Boycott Provisions Enforcement and Compliance Case Study: Quantum Corporation Best Practices for Compliance Global Implications and Future Concerns   Resources: Alexander Cotoia on LinkedIn Volkov Law Group Alexander Cotoia's article on BIS – Quantum Corp Enforcement Action Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
The 2024 ECCP on Data-Driven Culture and Engagement
Nov 4 2024
The 2024 ECCP on Data-Driven Culture and Engagement
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox visits with Sam Silverstein on how compliance professionals should view the new DOJ mandate on using data to assess, manage, and improve corporate culture through data-driven compliance. The Culture Audit sponsors this podcast. In this comprehensive discussion, Tom Fox and Sam Silverstein delve into the 2024 Update to the Evaluation of Corporate Compliance Programs (ECCP) by the DOJ. Released in September, this latest update emphasizes the importance of data analytics, culture, engagement, and trust in compliance programs. With a detailed breakdown of over 250 questions posed by the ECCP, Tom and Sam provide valuable insights on how companies can benchmark their compliance programs and prepare for potential investigations. They highlight the role of a culture audit in addressing the DOJ’s requirements, offering a detailed look into how organizations can measure and improve their compliance culture. This webinar educates compliance professionals on the latest DOJ expectations and provides practical tools and methodologies to enhance corporate compliance efforts. Highlights in this episode: Importance of Culture and Data Analytics Leveraging Data for Compliance Measuring and Improving Culture Data-Driven Culture of Compliance Understanding and Utilizing Culture Audit Data Forward Steps for a Stronger Culture Resources:  Culture Audit Set up a call to discuss the Culture Audit. Click here Sam Silverstein and the Accountability Institute Sam Silverstein on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Registration and information for the Compliance Podcast Network First Annual Agora Awards are here. This event is free. Learn more about your ad choices. Visit megaphone.fm/adchoices
Navigating Global Compliance and Risk: Lessons from the Pager Attacks
Oct 28 2024
Navigating Global Compliance and Risk: Lessons from the Pager Attacks
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox visits with Dr. Ian Oxnevad and Chris Mason from Infortal Worldwide about the Israeli attack on Hezbollah through its pagers and explores what all of this means for the compliance professional. The podcast explores the compliance and supply chain ramifications stemming from pagers licensed by a Taiwanese company to a Hungarian firm which were subsequently used to disrupt Hezbollah’s operations. This incident serves as a springboard for discussing the broader implications for global businesses, emphasizing the essential role of due diligence in complex supply chains. The episode offers insightful commentary on how Hezbollah’s lack of scrutiny over their suppliers led to vulnerabilities that were exploited by Israel, acting as a cautionary tale for organizations everywhere. Key topics include the unexpected ways legitimate companies can be compromised, the pervasive nature of risk management, and the importance of vetting and verifying partners across all industries to maintain business integrity and reputation. Highlights in this Episode: Attack on Hezbollah Compliance and Supply Chain Issues Payment Anomalies and Red Flags Lessons Learned and Risk Management The Importance of Knowing Your Risk Profile Unintended Consequences and Risk Management Final Thoughts on Supply Chain Vulnerabilities Resources Infortal Worldwide Dr. Ian Oxnevad on LinkedIn Chris Mason on LinkedIn Tom Fox Instagram Facebook YouTube Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices
Unlocking Financial Gains Through Proactive Compliance: Insights with Nicholas Tollet
Oct 21 2024
Unlocking Financial Gains Through Proactive Compliance: Insights with Nicholas Tollet
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company’s journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart’s FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment. Highlights in this Episode: The First Deferred Prosecution Agreement (DPA) The Second DPA and Lava Jato Investigation Compliance as a Competitive Advantage Detecting and Addressing Misconduct Remediation and Strengthening Compliance Financial Benefits of Compliance Comparing with Walmart FCPA Case Resources: Nicolas Tollet at Hughes Hubbard & Reed Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
From Inputs to Outputs: Roxanne Petraeus and Susan Divers on Rethinking Compliance
Oct 14 2024
From Inputs to Outputs: Roxanne Petraeus and Susan Divers on Rethinking Compliance
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, in this episode, host Tom Fox is joined by Roxanne Petraeus and Susan Divers from Ethena to discuss innovative perspectives on compliance training, specifically focusing on the 2024 update to the Evaluation of Corporate Compliance Programs.  Roxanne, drawing from her military background, emphasizes the importance of practical and effective compliance training that resonates with employees rather than traditional 'check-the-box' methods. Susan highlights the shift towards emphasizing outputs over inputs, urging for compliance programs that are not just on paper but practiced and understood by all employees. The discussion delves into the new expectations from the DOJ regarding the use of AI and data analytics in compliance, positioning compliance officers as pivotal to maintaining organizational justice and fairness. They also explore strategies for persuading senior management to prioritize compliance through emphasizing organizational culture and reputation. The conversation concludes with the role of leadership in fostering a compliant culture and practical steps for reaching out to Ethena for further insights. Highlights in this Episode ·       Deep Dive into the 2024 Compliance Program Update ·       Roxanne's Journey and Ethena's Mission ·       Susan's Transition to Athena ·       Outputs Over Inputs: A New Compliance Focus ·       The Role of AI in Compliance ·       Leadership and Compliance Strategy   Resources Roxanne Petraeus on LinkedIn Susan Divers on LinkedIn Ethena Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices
Vince Walden on Leveraging Data Analytics for Effective Compliance Monitoring
Sep 30 2024
Vince Walden on Leveraging Data Analytics for Effective Compliance Monitoring
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Vince Walden, founder of KonaAI. Vince reports on the 2024 Update to the Evaluation of Corporate Compliance Programs. (Today’s episode is a cross-posting from Data Driven Compliance.) Walden, a distinguished expert in compliance data analytics, actively participates in industry forums such as the Society of Corporate Compliance and Ethics annual summit in Grapevine, Texas. He advocates for compliance professionals to have ample access to relevant data sources, enabling them to monitor and test policies, controls, and transactions effectively. Walden stresses the importance of AI developers being vigilant about potential biases and public harm, aligning with the Department of Justice’s stance on accountability. He advises compliance practitioners to collaborate with internal audit and finance teams to ensure they have the necessary transactional data for comprehensive risk assessments, highlighting successful, cost-effective implementations like those at Albemarle as models for gradual, data-driven compliance program adoption. Highlights in this Episode Data-Driven Compliance for Cost Savings Enhancing Compliance through Advanced Data Analysis Identifying High-Risk Areas for Data Analytics Proactive Risk Mitigation through Real-Time Monitoring ROI-driven Compliance Programs with Data Analytics   Resources: Vince Walden on LinkedIn KonaAI Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jon May Critiques the DOJ Whistleblower Financial Incentive Program
Sep 23 2024
Jon May Critiques the DOJ Whistleblower Financial Incentive Program
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, I welcome back the well known white collar defense practitioner and contrarian, Jon May as we take a deep dive into May’s concerns with the new DOJ Whistleblower Financial Incentive Program.   Jon May is a renowned legal expert known for assisting fellow attorneys in developing innovative solutions for complex cases. With extensive experience, May has authored papers critiquing the Department of Justice's Corporate Whistleblower Program, arguing that it is fatally flawed due to the DOJ's inherent hostility towards whistleblowers and lack of enforceable rights for them. He highlights significant practical issues within the program, such as the stringent requirement for complete cooperation and the misconception that whistleblowers are solely motivated by monetary rewards. By drawing attention to these critical flaws, May advocates for necessary reforms to make the program more effective and fairer. Highlights in this Episode ·       Flaws in DOJ's Whistleblower Reward System ·       Unfair Reward System for Whistleblowers ·       Financial Hurdles in SEC Whistleblower Program ·       Risk and challenges of DOJ whistleblower cooperation ·       Whistleblower rewards in corporate enforcement policies   Resources Jon May Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Kevin Carroll on The Trump Superseding Indictment
Sep 16 2024
Kevin Carroll on The Trump Superseding Indictment
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Kevin Carroll to discuss the latest developments in the Trump Jan 6th case, including the Special Prosecutor’s Superseding Indictment. In this week’s episode, Tom Fox is joined by Kevin Carroll to discuss the latest developments in one of the Trump trials. Jack Smith’s Superseding Indictment in the January 6th case in Washington, D.C., is dissected. Carroll explains the concept of a superseding indictment and its implications for the charges and defendants involved. The conversation also covers the impact of the Supreme Court’s decision on official acts and how it intersects with Trump’s legal strategies. Carroll provides insights into the procedural aspects of the case, potential trial timelines, and the broader ramifications of the court’s rulings on other ongoing cases involving Trump. Highlights in this Episode: The Superior Indictment Supreme Court’s Impact on the Indictment Trump’s Conversations with Pence Trial Within a Trial Concept Impact on Other Trump Trials Election Proximity and Legal Actions Resources: Kevin Carroll on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices