Category: Podcasts

Episode 339 — The Four Sanctions Cases that Everyone Should Know

Episode 339 — The Four Sanctions Cases that Everyone Should Know

The Justice Department has repeated on several occasions that it intends to aggressively prosecute corporations for sanctions and export controls violations.  The “New FCPA” is how the Justice Department characterizes its plan.  To execute the strategy, DOJ has assigned 25 new prosecutors.  This is the most important fact — unleashing 25 new prosecutors with the goal of bringing criminal cases against corporations and individuals will...

Episode 338 — Deep Dive into Deere SEC FCPA Settlement

Episode 338 — Deep Dive into Deere SEC FCPA Settlement

The SEC’s recent settlement with Deere & Company for $9.9 million for FCPA violations is another textbook example of bribery schemes, which revealed the absence of a culture of compliance, and the circumvention of basic entertainment, hospitality and travel expense controls.  Deere’s bribery scheme involved its Thailand subsidiary, Wirtgen Thailand, and various improper payments to government officials, including cash, sham consulting fees, extravagant “factory visit”...

Episode 335 — Nicolas Garcia, GC at Orica, on Compliance Trends and Challenges in Latin America

Episode 335 — Nicolas Garcia, GC at Orica, on Compliance Trends and Challenges in Latin America

Nicolas Garcia is the VP Legal and Regional & Compliance Manager LATAM at Orica, one of the world’s leading mining and infrastructure solutions providers. From the production and supply of explosives, blasting systems, specialty mining chemicals and geotechnical monitoring to our cutting-edge digital solutions and comprehensive range of services. With more than 10,000 employees, Orica has operations in more than 30 countries with offices in...

Episode 336 — Review of Recent DOJ Declinations

Episode 336 — Review of Recent DOJ Declinations

The Justice Department is encouraging companies to voluntarily disclose criminal violations — “Come in and confess” and DOJ offers promises of a declination.  But even a declination comes with a requirement: the company has to pay disgorgement In the latest declination case, Boston Consulting Group (“BCG”) earned a declination for FCPA violations stemming from conduct in Angola.  BCG, a management consulting firm, earned the declination...

Episode 335 — Review of the DOJ Whistleblower Program

Episode 335 — Review of the DOJ Whistleblower Program

On August 1, 2024, DOJ issued its Whistleblower Policy Pilot Program (“WRPP”).  The new program amends its Corporate Enforcement Policy.  DOJ also issued a Program Guidance document, a Fact Sheet, Frequently Asked Questions and a dedicated website. The WRPP will run for three years.  The Money Laundering and Asset Recovery Section (“MLARS”) is administering the WRPP.  The WRPP will reward individuals who provide “original information”...

Episode 334 — SEC Suffers Dismissal of Claims in Fraud Case Against Solarwinds

Episode 334 — SEC Suffers Dismissal of Claims in Fraud Case Against Solarwinds

A New York federal district judge handed down a significant decision dismissing much of the SEC’s securities fraud enforcement action against SolarWinds arising from its claims relating to SolarWinds’ cybersecurity policies, and disclosure of a significant cyberattack against the SolarWinds’ network. In an unprecedented case, the SEC alleged that SolarWinds, which went public in 2018, mislead the public as to the effectiveness of its cybersecurity...

Episode 333 — Boeing Plea Agreement in 737 MAX Safety Case

Episode 333 — Boeing Plea Agreement in 737 MAX Safety Case

The Boeing 737 MAX case took another dramatic turn.  On July 24, 2024, the Department of Justice filed with the United States District Court for the Northern District of Texas a proposed plea agreement with Boeing.  The plea agreement, which has been filed under Federal Rule Criminal Procedure 11(c)(1)(C), requires the Court to approve and accept the deal.  The Court can reject the plea deal...

Episode 332 — Deep Dive into SEC’s Internal Controls and Cybersecurity Settlement with R&R Donnelly

Episode 332 — Deep Dive into SEC’s Internal Controls and Cybersecurity Settlement with R&R Donnelly

In a significant expansion of internal controls enforcement, the SEC announced a $2.1 million settlement with R.R. Donnelley & Sons Co. (“RRD”) for its handling of a 2021 ransomware attack and resulting disclosure failures.  The settlement represents the SEC’s first application of its internal controls enforcement authority to include cybersecurity policies and procedures.  The SEC’s interpretation represents a significant expansion of its enforcement authority.  In...

Episode 331 — NAVEX State of Risk and Compliance

Episode 331 — NAVEX State of Risk and Compliance

NAVEX delivers quality studies and important insights on ethics and compliance topics.  In its 2024 State of Risk & Compliance, NAVEX provides a comprehensive report on current trends and practices involving risk and compliance management. The Report reflects the survey results from over 1,000 respondents global who influence or manage their organization’s risk and compliance programs. Over half of the respondents came from the United...

Episode 330 – Halyna Senyk on Anti-Corruption Progress in Ukraine

Episode 330 – Halyna Senyk on Anti-Corruption Progress in Ukraine

Halyna Senyk, a Senior Program advisor from the CEELI Institute, joins us to discuss anti-corruption progress and challenges in the Ukraine.  Halyna is responsible for managing the CEELI Institute’s anti-corruption portfolio.  Based in Prague, the CEELI Institute focuses on promoting the rule of law through professional training programs for judges, law enforcement, lawyers, prosecutors, civil society representatives and investigative journalists. While its main activities are...