Archive for the ‘disclosure’ Category

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Episode #52

In disclosure,Harris Corp.,News Corp.,Safran,State-Owned Entities,TWIFCPAVideocast,UK Bribery Act,Wal-Mart on September 10, 2012 by Howard@OpenAir Tagged: , , , , , , , , , ,

Tom and I talk about Tom’s talk tomorrow in Chicago, News Corp.’s latest arrest, Safran’s ridiculously low fine, how much an investigation should cost (more if you’re Walmart, versus ABM), the SFO and gifts, Harris Corp. and gifts, and more!

Show notes:

00:41: Go hear Tom in Chicago, Tuesday morning at the University Club of Chicago, hosted by Kreller, along with Stephen Martin of Baker McKenzie. They’ll be talking about the 5 key elements of a corporate compliance program

02:15: Is the SFO backing off prosecution of the UK Bribery Act? So argues Alexandra Wrage.

16:03: Mike Koehler is amazing. And, he writes. What is a government instrumentality, he asks, now that the Conflict Minerals rule defines it as when a foreign government owns 51% or more of the third party.

23:19: Anytime a lawyer gets arrested, we take notice. The head of legal for News of the World gets arrested.

26:48: How much should FCPA investigations cost? For Walmart, $51 million. For ABM, $3.3 million

29:27: Safran pays a “fine.” €500,000 to get a €170 million contract. Or, as I call it, cost of sales. Could it be because they’re 1/3 owned by the French government? Hey, DOJ/SEC: do something about this. Please.

35:05: NYU study on self-disclosure. Does self-disclosure have an effect on the penalty?

40:07: Harris Corp. investigating itself. Over gifts. “Why? Why? Why?,” I cry. And a question to ponder: is it possible to retain revenue going forward when you find old contracts were obtained through bribery?

Articles

Episode #40

In Africa Sting Case,Carson,disclosure,Lindsey,O'Shea,SFO,State-Owned Entities,Travel Act,TWIFCPAVideocast,UK Bribery Act on June 1, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , , , , , ,

Welcome to Episode #40!  Tom and I have a guest!  Our guest, Barry Vitou from Pinsent Masons—and of The Bribery Act site fame—talks to us about the recent news that his firm dug up that the SFO has conduct exactly -0- raids this year. Ouch.

We made a new over/under bet for the SFO and the UK Bribery Act:

Announcement of an investigation: March 15, 2013

Both Tom and Barry took the under.  I’m taking the over (just because).

Bringing a Case: December 15, 2013

Tom took the under, Barry took the over.  I’m taking the over.

The bet is a pint of Sam Adams versus a pint of Guinness.

Plus, we talk about recent articles that made us ask, WTF?  We talk about recent DOJ losses, and Tom wonders where Howard went, and when the person impersonating him will return him.  We talk about Lindsey and the dropped appeal, Carson pleas and motions (including one involving the FCPA Professor), Walmart, and finally, whistleblowers.  It’s a chock-full episode.

Show notes:

00:32: Interview with Barry Vitou (What has the SFO been spending their time on?)
22:09: Tom and I talk about why the SFO hasn’t brought a case
23:34: Three articles that made Tom and I say, “WTF?”
32:57: What’s going on with the DOJ lately? John Edwards, Ted Stevens, trial losses, trial screwups (34:57: Tom tells me I’m totally wrong; 43:03: I talk about the Bronx DA’s Office)
47:33: DOJ dismisses Lindsey appeal
51:44: Carson defendant pled guilty
52:30: Motion to Exclude Professor Koehler as an expert in the Carson trial
1:01:55: Whistleblower study: the data might surprise you
1:07:29: Walmart moving in the right direction
1:09:48: Go to Compliance Week! It’s not too late!

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Articles

Episode #21, Plus a Breakout on Audit Rights

In Alcoa,Audit Rights,Avon,Dadeleh,disclosure,Esquinazi,Haiti Telecom,InVision,Pillor,SEC,Tognum,TWIFCPAVideocast on October 31, 2011 by Howard@OpenAir Tagged: , , , , , , , , , ,

Once again, Tom and I keep our breakout session short (exactly 10 minutes!), and this week it’s on audit rights.  We’ve argued about this before, so this is familiar territory for us.

Show  Notes:

  1. Esquinazi Sentence (14 minutes): starts at 1:40
  2. Avon discloses an SEC investigation (9 1/2 minutes): starts at 15:55
  3. Dadeleh arrest and more on Aloca/Alba (11 1/2 minutes): starts at 25:21
  4. Innospec arrest (4 minutes): starts at 37:42
  5. SEC v. Pillor and individual liability for aiding and abetting (12 minutes): starts at 40:35
  6. Tognum (5 minutes): starts at 52:44
  7. Equitorial Guinea (just a mention)(15 seconds): starts at 57:55

Full episode:

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————————Breakout Session Below——————————–

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Breakout on Audit Rights: total time is 10 minutes even.

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