00:48: should the DOJ throw an elbow? I explain my post, here. Is the DOJ a regulator or prosecutor? Would a compliance defense change that? (@09:35). False Claims Act & Federal Acquisition Regulations discussed at 12:14.
19:12: I discuss my next article for Forbes.com. Should there be a distinction between public and private?
20:10: Jon Jordan’s article on the compliance defense, and he gets “FCPA Voice Rookie of the Year” award for 2012. Last year was Matt Ellis.
30:44: How can the business community partner with the DOJ? Should the DOJ adopt the OFAC informal opinion process?
35:57: Why I hate bribery. A toddler dies because the ambulance driver demanded a bribe.
42:27: UK Bribery Act…who cares? Deloitte survey. Oxford University Press case at 47:10.
53:32: Data Systems & Solutions enforcement action
1:00:18: Scott Peeler goes to Stroz Friedberg
1:02:25: SEC serves papers on Germans via publication in the International Herald Tribune
Episode #39 is in two parts (my baby pulled out the plug to the router).
0:00 Happy Shavuos
1:45: It’s the Week of the Letter
2:01: Open Society Foundations letter to Rob and Lanny
3:00: What’s an “instrumentality”? More than 51% owned by government? Is that the right standard?
8:45: Public v. Private distinction: does it mean anything anymore?
13:53: Is there, or should there be, a de minimus gift exception?
15:25: Gift-related investigation disclosure by MTS
We lose contact around 17:45 or 18:00
0:00 Sorry about that
2:34: Congress writes a letter to the Chamber: are your members hopelessly conflicted. Hell freezes over: Tom, the FCPA Professor, and I are all on the same side of this.
5:38: DOJ writes to Congress about the Ted Stevens case. Were the 40-day suspension and the 15-day suspension sufficient? (@7:38: Williams & Connolly respond, harshly)
16:10: Ernst & Young 12th Global Fraud Survey
20:20: Dow Jones anti-corruption survey
22:27: Chadbourne & Parke Compliance Quarterly: Tom and I love it
27:35: The SEC has a lot of trials. Do they have the people to do them?
30:34: 7 Ways to Maintain Credibility with the DOJ in FCPA investigations (including, hire Recommind
38:39: a panel you might want to attend. Definitely worth the $195.
Once again, the titles are screwed up. I have to reach out to Vodburner and get some help.
- 1:20: Brazil Ministers resigning in droves (lasts for 7 minutes)
- 8:34: World Compliance event with Tom and The Bribery Act guys (almost 6 minutes)
- 14:26: Squire Sanders event (1 minute)
- 15:35: SFO/DOJ and “informal” access (3 1/2 minutes)
- 19:00: World Check webinar series that Howard is doing (2 minutes)
- 21:00: John May article via FCPA Professor on self-disclosure and immunity (about 6 minutes)
- 27:23: Overseas Contractor Reform Act, also via the FCPA Professor (5 minutes)
- 32:27: Rakoff decision on Citigroup, and “neither admit nor deny” settlements (9 minutes)
- 43:17: Global-Tech Supreme Court case on willful blindness (4 minutes)
- 46:03: Lindsey, again. Howard goes on a rant, Tom goes on what is, for him, a rant. We both talk directly to the DOJ prosecutors. (15 minutes)
- 1:01:10: O’Shea (4 minutes)
—————————Breakout Session Below———————————
Breakout Session on Gift Giving on the Holidays
We tried something new this episode (two things, actually). First, we have our first guest! If it didn’t take me a week—yes, a week; damn you, Vodburner—to process this video, you would have had prior notice that the guys that run The Bribery Act are having a super seminar including the SFO and others. Today. In fact, it’s over. Sorry about that.
Second, we’re including a separate section on one particular topic. This week, it’s a deep dive into gifts and hospitality. It’s short (under 20 minutes, and we’re going to shoot for 10), so you can watch it at work without too much interference into your day. Thanks Elie and Lat for that piece of advice.
I think, eventually, I’ll be able to have one full video with the entire episode, plus the breakout. Today, it’s two videos.
- Our guest! Barry Vitou from Pinsent Masons and the founder of The Bribery Act!
- Esquinazi Reply to the Opposition to the Supplemental Brief in Support of the Motion to Dismiss (which has since been denied…stay tuned for episode #20)
- Chadbourne’s Quarterly Compliance Report, and Scott Peeler is, simply put, awesome (and we discover that there’s an app for that!)
- Schapiro’s reply to Senator Crapo (which we’re pronouncing CRAY-poh out of respect). Not so timely, but pretty good nonetheless.
- Koch Brothers and Bloomberg’s 7,000 word extravaganza
- A fruit box? Really?
- OFAC and who “controls” a company. One director?! Are they serious?!
Plus, the gifts & hospitality breakout, below.
Gifts & Hospitality Breakout