Tom and I discuss HP, NCR & how NOT to react to whistleblowers, the new and improved DOJ web site, Comverse Technologies and a lenient sentence for Paul Cosgrove. Episode #53.
00:39: More than you wanted to know about Howard’s new site (the redesigned Open Air Blog)
01:51: Have a happy new year
02:55: Hewlett Packard (Howard recuses himself from the discussion, so this is all Tom)
06:09: You missed my birthday. Don’t worry, you don’t have to apologize
06:43: NCR shows considerable skill at treating a whistleblower complaint in exactly the wrong way. Tom & I talk about how to handle a whistleblower better. And here’s the link to Mike Volkov’s video.
18:12: DOJ improves their already-great Web site. And they work really, really hard
23:07: Tom is speaking in Singapore. If you’re anywhere close, you really need to go. Here’s the link to the conference. And in San Diego. The San Diego one is on diligence, and is with Mike Volkov
27:32: Comverse: we can’t guarantee that we won’t screw up…again. Ooookkkaaaayyyy, Comverse. Thanks for sharing. And how to actually have consistent messaging.
36:44: Paul Cosgrove, former global head of Sales at Control Components, Inc. (CCI), gets sentenced. Ending a very interesting case. And neither Howard nor Tom are Supreme Court scholars. Little help, anyone? And Howard is going to be in the same room with Lanny, in the near future, in London!
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.
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!
01:35 Africa Sting fiasco case and is the DOJ “on the ropes?” (lasts about 15 minutes)
16:30 Any broader lessons to the recent DOJ problems? (about 3 1/2 minutes)
20:55 Cinergy (almost 3 minutes)
23:48 O’Shea (my rant begins at 24:10 and continues for about 8 minutes)(the whole thing lasts 15 minutes)
39:04 Brazil minister resigns. Yes, another one. (3 1/2 minutes)
42:35 Avon fires its Vice Chairman (2 minutes)
44:55 The revolving door strikes again (2 1/2 minutes)
47:15 Qualcomm (2 minutes)
49:27 Compliance consolidation (private equity buys some ethics)(about 4 1/2 minutes)
54:00 Tom and I get invited to speak different places
56:21 News Corp. is back
Our interview with Joel Androphy and Sarah Frazier. They’re John O’Shea’s lawyers. It’s very rare that a Judge grants a rule 29 motion.
Delayed because of, you guessed it, tech issues.
Show notes to follow later today.
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
Not a single technical issue for this one: no multiple-part episode because my system shut down, no nothing. Just the show.
1. Haiti Telecom: it’s an SOE! No, it’s not! Yes, it is!
2. ICE doesn’t get en banc review. And Howard goes off on a rant against Alcatel-Lucent (and just won’t let it go)
3. Lindsey & O’Shea: the DOJ can’t seem to catch a break. Tom takes us through the legal issues.
4. Oracle and the entire tech sector
And believe it or not, just that takes over an hour. Plus, Howard admits that he gushed like a little girl when he met the Above the Law guys. You know you would’ve too, admit it.
It’s really good to be back.