FCPA Survival Guide

By: Thomas Fox
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  • Summary

  • How can you survive a FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo lay out the Top 10 things you can do to reduce your overall fine and penalty, perhaps all the way down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA. This podcast is the companion series to the book, The FCPA Survival Guide.
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Episodes
  • Step 10-Lesson on Speak Up Culture, Triage, and Internal Investigations

    Step 10-Lesson on Speak Up Culture, Triage, and Internal Investigations
    Aug 8 2024
    How can you survive a FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo lay out the Top 10 things you can do to reduce your overall fine and penalty, perhaps all the way down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book, The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today we discuss lesson number 10 your investigation process. Tom and Nick discuss the importance of establishing a culture where employees feel empowered to speak up, the process of triaging and conducting internal investigations, and the significance of these practices in modern compliance programs. They reflect on the shift in workforce mentality towards valuing integrity and the practical implications for ethics and compliance teams in today's knowledge economy. They emphasize the necessity of effective internal reporting mechanisms and the strategic role of middle management in capturing risk intelligence. The conversation explores the challenges and opportunities in optimizing compliance processes to mitigate risks and demonstrate organizational effectiveness to regulators, such as the DOJ and SEC. Key Highlights and Issues · The Importance of Speak Up Culture · Workforce Dynamics and Compliance · Challenges in Compliance Reporting · Whistleblower Programs and Internal Reporting · Optimizing Compliance Processes Resources: Nick Gallo on LinkedIn Ethico The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action Tom Instagram Facebook YouTube Twitter LinkedIn
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    14 mins
  • Step 9 - Internal Controls

    Step 9 - Internal Controls
    Aug 1 2024
    How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a complete declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss lesson number nine: internal controls. Tom and Nick delve into the importance of internal controls in compliance, emphasizing the pivotal role they play in business operations. After studying the COSO Framework, Tom shares his transformation into a firm believer in internal controls, underscoring that robust financial controls can cover a significant portion of compliance requirements. They discuss real-world examples, including SAP’s lack of payment process controls and ABB’s successful avoidance of a monitor through proactive measures. The episode highlights the necessity of continuous improvement and collaboration between legal, financial, and business units to ensure the effectiveness of internal controls and the appropriate handling of overrides. The session concludes with a nod to the upcoming episode on speak-up, triage, and internal investigation. Key Highlights and Issues The Importance of Internal Controls Financial Controls and Compliance Continuous Improvement in Internal Controls Effective Collaboration and Overrides Resources: Nick Gallo on LinkedIn Ethico The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action Tom Instagram Facebook YouTube Twitter LinkedIn
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    16 mins
  • Step 8 - Investing in Compliance

    Step 8 - Investing in Compliance
    Jul 25 2024
    How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a complete declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss lesson number eight: investing in your compliance program. Tom and Nick highlight case studies from Albemarle, SAP, and ABB, emphasizing the importance of investing in resources, experienced personnel, and the need for continuous testing. The conversation underscores how these efforts build a credible compliance story for the DOJ and provide insights into successfully navigating FCPA remediation. Key Highlights and Issues Enhancing Your Compliance Program ABB’s Compliance Transformation Building a Compliance Story The Importance of Authenticity in Compliance Crafting a Persuasive Compliance Narrative Resources: Nick Gallo on LinkedIn Ethico The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action Tom Instagram Facebook YouTube Twitter LinkedIn
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    16 mins

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