With Uncle Duke joining the compliance debate around Michael Cohen, Jay Rosen and myself take a look at some of the top compliance stories over the past week.

  1. The fallout from the Michael Cohen revelations continue to explode across the compliance universe. Matt Kelly considers it from a COSO perspective in Radical Compliance, Tom and Matt podcast have another podcast about it on Compliance into the Weeds, Tom channels his inner Hunter S. Thompson for a three part series, Part I-the Start, Part II-Full Gonzo and Part III-Uncle Duke. The NYT reports that the Novartis GC loses his job over the scandal.
  2. Rod Rosenstein announced a new “anti-piling on” policy. What does it mean for FCPA enforcement? Lara A. Covington and Michael E. Hantman, writing in the FCPA Blog, point out the strings attached and potential rewards. Tom considers the new policy (channeling Tom Wolfe) here.  For the full text of Rosenstein’s remarks see here.
  3. Writing in forbes.com, Dan Pontefract says we need ethics professionals more than ever.
  4. The purveyors of the most excellent Global Anti-Corruption Blog, Rick Messick and Matthew Stepenson both post articles decaptitating the arguments against transparency into shell corporations. Rick’s piece is here. Matthew’s piece is here.
  5. What is it like to negotiate a FCPA/Bribery Act resolution, while heading up the remediation. Phoebe Seers reports on how the Innospec GC/CCO handled it in Mlex.
  6. Trump tweets out to protect Chinese jobs in the ZTE sanctions case. What are the implications? Sam Rubenfeld takes a look at the landscape in WSK Risk & Compliance Journal.
  7. Businesses are finding value in combining sustanibility and compliance. Ben DiPietro reports in the WSJ Risk & Compliance Journal.
  8. Cybersecurity whistleblowers are becoming increasingly important to the SEC and in the corporate world. Henry Cutter reports in the WSJ Risk & Compliance Journal.
  9. Rockets square their series with Golden State 1-1 and are heading out west. Celtics head to Cleveland up 2-0.
  10. Tom announces publication date of his next book, The Complete Compliance Handbook,which will be available on May 21, 2018 on Amazon.com. If you are attending Compliance Week 2018, Tom is have a book signing party on Monday, from 2:15 to 2:45. Come by and pick up an autographed copy.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

As we celebrate all things Star Wars on the May the Fourth Be With You edition, Jay Rosen and myself take a look at some of the top compliance stories over the past week.

  1. Panasonic settles FCPA enforcement action. Tom spends most of the week on it Background, the Bribery Schemes, a 20% Discountand Lessons Learned. Henry Cutter explores the due diligence and Trace Certification issues in the WSJ Risk and CorruptionJournal as does Kelly Swanson in GIR (sub req’d).
  2. Former VW CEO indicted in emissions-testing scandal. Jack Ewing reports in the NYTand Adrienne Roberts and Christina Rogers report in the WSJ. Dick Cassin reports in the FCPA Blog.
  3. What does the D&B declination mean for self-disclosure? Clara Hudson explores in GIR (sub req’d).
  4. An interesting UK court case considers whether lawyer interviews are privileged when the company agrees to a DPA with the SFO. For an English lawyer perspective, see article in the FCPA Blogby Susan Hawley. For another perspective, see the article by Debevoise & Plimpton lawyers Karolos Seeger, Andrew Lee and Robin Lööf in the NYU Compliance and Enforcement Journal.
  5. Are you using data to power your compliance program? If not you are missing the boat say Ren McEachern and Roy Pollitt in the FCPA Blog.
  6. Two looks at speaking up in a company. Jonathan Marks on how to win back employees trust so they will use a hotline. From an article in Fraud Magazine, he cross-posted on his blog. Henry Cutter interview Public Service Enterprise Group Inc. CCO Antonio Fernández on building a speak up culture in WSJ Risk and Compliance Journal.
  7. Matt Kelly joins us for a special breaking news segment on 5 steps law enforcement officials expect you to engage in if you have a data breach. See Matt’s article in Radical Compliance.
  8. What are the GDPR implications for whistleblowing? Vera Cherepanova explores in the FCPA Blog.
  9. Another week, another declination, this time for Transocean. Kelly Swanson reports in GIR(sub req’d).
  10. Tom announces publication date of his next book, The Complete Compliance Handbook, which will be available on May 21, 2018 on Amazon.com. It is available for PreSale here.
  11. Tom has a busy May planned. Join him at Brazil’s largest compliance conference, the 6th International Compliance Congress, held by LEC – Legal, Ethics and Compliance, May 8 to 10, in São Paulo, Brazil. Registration and information here; Hear him speak to the Houston chapter of ACAMS, from 11:30 -2 PM on Thursday May 17thin Houston on “Driving Compliance and Ethics through Data Analysis”. Information and registration here;and join in a session on Using Frameworks to Prove Compliance Competency at Compliance Week 2018 in Washington DC, May 20-23. Information and registration are here.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

With the Red Sox leading the AL with a 10-2 start and back to brawling with the NY Yankees, Jay Rosen and myself take a look at some of the top compliance stories over the past week.

  1. Is there a new health care focus coming in FCPA enforcement actions? Joseph Spinelli and Lisa Murtha explore this issue in the FCPA Blog.
  2. Mark Zuckerberg testifies before Congress. What are the implications? Sascha Matusak says a wave of litigation is coming on the SCCE Compliance and Ethics.  Ben DiPietro wraps up national coverage on the WSJ Risk and Compliance Journal. Joe Mont explores the potential regulatory aspect in Compliance Week. (Sub Req’d)
  3. The SEC awarded more than $2.1 million to a former company insider “whose information led to multiple successful enforcement actions. Dick Cassin reports in the FCPA Blog.
  4. Do ‘No-Poach’ agreements violate anti-trust law? Jaclyn Jaeger explores in Compliance Week. (sub req’d)
  5. A Navex Global report says that more hotline and whistleblower reports are turning out to be valid after corporate investigations? Henry Cutter reports on the report in the WSJ Risk and Compliance Journal. Carrie Penman considers three key finding on Navex’s Ethics and Compliance Matters
  6. Tom Topolski and Eric Feldman talk about how make the relationship between a corporate monitor and corporation work. Check out the SCCE Compliance Perspectives podcast, hosted by Adam Turteltaub.
  7. FinCen rules on customer due diligence and ultimate beneficial ownership go into effect on May 11. What are the implications for non-financial institutions? Check out FinCen’s FAQs here.
  8. Tom announces presales of his next book, the Complete Compliance Handbook, which will be published by Compliance Week in April 2018. It is available for PreSale here.
  9. Tom will be leading Convercent Roundtables on using data to drive ethics to the center of business on Houston (April 17) and Dallas (April 18). He will lead discussions on using data to drive ethics into the center of business.
  10. The Everything Compliance gang will be back on Thursday April with a deep dive into Mark Zuckerberg’s Facebook testimony, the Michael Cohen subpoena and more. Check it out next Thursday.
  11. AMI’s Eric Feldman will be speaking on How Audits Become Investigations at the 2018 Public Service Internal Audit Conference in Singapore, hosted by The Institute of Internal Auditors Singapore, on April 18, 2018. For information and registration, click here.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit Affiliated Monitors at www.affiliatedmonitors.com.

In the midst of this true madness in the NCAA tournament this year, Jay Rosen and myself take a look at some of the top compliance stories over the past week.

  1. Cambridge Analytica is in a world of trouble after stealing data from Facebook and advising clients to engage in bribery and corruption. See stories in FCPA Blog, good summary of stories by Sam Rubenfeld at WSJ Risk and Compliance Journal, The Guardian reports on what we know so far and Recode summarizes the interplay between Cambridge Analytica and Facebook.
  2. Facebook is not far behind for its tepid response. Zuckerberg responds, reported in the Wall Street Journal, a Whistleblower weighs in, the Washington Post reports that the FTC has opened an investigations, Mark Zuckerberg talks to the New York Times.
  3. In largest whistleblower awards ever, the SEC doles out $83MM to 3 anonymous persons for fraudulent conduct at Merrill-Lynch. Dick Cassin reports in the FCPA Blog, Matt Kelly advises to read the fine print on Radical Compliance and Kevin LaCroix details some interesting points from the award. The award lands the whistleblowers’ attorney, Jordan Thomas on the front page of the NYT.
  4. Catching up on news from the UK: in NYU Compliance and Enforcement Blog considers the first test of Bribery Act’s Adequate Procedures defense, from the WSJ Risk and Compliance Report-(1) Sam Rubenfeld says UK may end Scottish shell companies, (2) Rubenfeld reports that the SFO claws back bribe payment to Chad government official, (3) Mara Lemos Stein reports the Financial Conduct Authority seeks more transparency.
  5. In an unsurprising yet disturbing development, whistleblower retaliation is up. Ben DiPietro reports in the WSJ Risk and Compliance Journal.
  6. Uber Brings in Holder Report Co-Author as Deputy GC, Angela Padilla Out. Stephanie Forshee reports in Corporate Counsel (Sub req’d)
  7. Check out the top new podcast in the compliance field Innovation in Compliance. It is available on the FCPA Compliance Report, iTunes, Libsyn, YouTube and JDSupra.
  8. Tom announces presales of his next book, the Complete Compliance Handbook, which will be published by Compliance Week in April 2018. It is available for PreSale here.
  9. Jonathan Armstrong will be in Houston on April 10 to put on a half-day GDPR workshop. You can find out more and register at the Greater Houston Business and Ethics Roundtable website, org.
  10. Tom will be leading Convercent Roundtables on using data to drive ethics to the center of business in Miami (April 4), Houston (April 17) and Dallas (April 18).
  11. Tom and Everything Compliance panelist Mike Volkov and Matt Kelly named as top contributors in compliance in annual JDSupra Readers 2017-8 Poll. Will Jay take his game up?
  12. Jay details the upcoming presentations by his Affiliated Monitors’ colleagues at the SCCE European Ethics and Compliance Institute and with Convercent.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

In this episode, Jay Rosen and myself take a look at some of the top compliance stories over the past week, including some fury.

  1. Wells Fargo is having its soul investigated by actual nuns. Alistair Gray reports in the Financial Times; Thorton McEnery notes sometimes the Universe is both hilarious and cruel in Dealbreaker; and Bloomberg says the Nuns want to know the root cause of the illegal conduct at Wells Fargo.
  2. BSRG goes into receivership. Tom reports in the FCPA Blog. For the original sordid story see, the piece in the New Yorker in 2013 by Patrick Radden Keefe.
  3. Bill Coffin continues his string of great posts. This week he says your data breach nightmare is only going to get worse in his Compliance Week
  4. Canada to introduce DPAs. Jaclyn Jaeger reports in Compliance Week.
  5. Kobe Steel CEO resigns amid admission of years of fraudulent reports by the company. Henry Cutter reports in the Wall Street Journal Risk and Compliance Journal.
  6. The FCPA declination program will be extended to other areas by the DOJ. See Tom’s piece in the FCPA Compliance Report and Henry Cutter’s piece in the Wall Street Journal.
  7. Mayhem at the Mavericks? Sports Illustrated broke the story of horrific sexual harassment in the Dallas Mavericks front office. Matt Kelly blogged on it in Radical Compliance. Tom and Matt explored it in a podcast on Compliance into the Weeds. Dick Cassin reports that the Mavericks are looking to hire a first ever CCO in the FCPA Blog.
  8. March 6 was the anniversary of the fall of the Alamo. The lads explore what is means for compliance professionals to be seen as the Alamo. Is compliance the last stand or are they simply slaughtered for standing up for their beliefs? Tom considers both perspectives in the FCPA Compliance Report.
  9. Tom and Jonathan Armstrong are back with Episode 3 of Countdown to GDPR. Tom writes about the policies and procedures you need for GDPR in the FCPA Compliance Report.
  10. Tom announces presales of his next book, the Complete Compliance Handbook, which will be published by Compliance Week in April 2018. It is available for PreSale here.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at www.affiliatedmonitors.com.