This Week in FCPA

Episode #30

Howard@OpenAir — Mon, 06 Feb 2012 15:09:00 +0000

Show Notes:

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

Full episode:

Episode #29: The O’Shea Lawyers Edition

Howard@OpenAir — Tue, 31 Jan 2012 12:14:59 +0000

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.

Episode #28, Finally

Howard@OpenAir — Thu, 26 Jan 2012 11:20:06 +0000

Delayed because of, you guessed it, tech issues.

Show notes to follow later today.

Episode #27, Our 2011 FCPA Year in Review, with FRANCINE McKENNA!

Howard@OpenAir — Fri, 13 Jan 2012 20:54:26 +0000

Our 2011 Year in Review!

Special Guest: Francine McKenna! Of Re: The Auditors! How excellent is that?!

Episode #26

Howard@OpenAir — Sun, 01 Jan 2012 18:50:15 +0000

Our holiday episode! It’s a little longer than normal; we’re catching up from Tom and I being on vacation.

Show Notes:

2:30 Siemens Indictments (lasts for about 14 minutes)
16:11: Deutsche Telekom/Magyar Telecom (15 minutes)
31:44: Shot Show conspiracy charges dismissed (4 minutes)
35:44: Shot Show prosecutor criticized by the Judge (8 1/2 minutes)
44:11: Bourke appeal (9 minutes)
53:37: New SFO director (1 1/2 minutes)
55:05: Ousama Naaman sentenced (3 1/2 minutes)
58:49: Aon
1:08:06: What are internal controls? (The most important 2 minutes you can possibly watch on internal controls)
1:10:01: SEC v. Rakoff. I mean, SEC v. Citigroup. (almost 14 minutes) I go off on a 4 minute rant, starting about 1:16:45
1:23:55: Alba/Alcoa
1:28:00: News of the World arrests

Full episode:

Episode #25, plus a Breakout Session on Holiday Gift giving.

Howard@OpenAir — Sun, 11 Dec 2011 19:50:43 +0000

Once again, the titles are screwed up. I have to reach out to Vodburner and get some help.

Show Notes:

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)

Full episode:

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

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Breakout Session on Gift Giving on the Holidays

Episode #24, plus the FCPA Professor on a Compliance Defense

Howard@OpenAir — Mon, 05 Dec 2011 16:42:36 +0000

Well, I thought I had figured out why the titles were coming on at the wrong time, but I was mistaken. Hmmm…maybe this show will get dismissed.

Tom and I are back from vacation and raring to go. The first section—about half the show—we spend on the Lindsey case. I end up on a bit of a rant.

We have a breakout session on the Compliance Defense with none other than the esteemed FCPA Professor, Mike Koehler. Agree with him or no, there’s no one more knowledgeable anywhere in the world about the history of the FCPA.

Show Notes:

Lindsey, starting at 1:45, takes up a significant amount of time (about 28 minutes)
Olympus starts at 29:47 (almost 3 minutes)
Alstom starts at 32:38 (4 1/2 minutes)
SFO Red Flags starts at 37:06 (1 1/2 minutes)
Pfizer starts at 38:45 (6 1/2 minutes)
Finmeccanica starts at 45:33 (about 2 minutes)

Full episode (despite the bars, go ahead and hit play. I’ll work):

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

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Breakout/Conversation/Debate on a Compliance Defense to the FCPA

Gone Fishin’

Howard@OpenAir — Tue, 22 Nov 2011 19:16:37 +0000

Tom and I are on vacation, so there’ll be no This Week this week. Come back next week (or even better, hit that subscribe button up above there on the right, and get notified when we next post) and we’ll be tanned, rested, and ready to bring you our take on the FCPA events of the last week, along with our unique brand of analysis to help you fit those events into context. Plus, of course, another breakout session.

Tom and I wish all of you a very Happy Thanksgiving!

Episode #23, and a Breakout on Tone at the Top

Howard@OpenAir — Sun, 13 Nov 2011 02:37:47 +0000

For some reason—I think I’ve sussed it out, so it shouldn’t recur next week—the “Howard Sklar” and “Tom Fox” titles at the bottom of the screen which normally appear when I say our names and where we write, don’t appear until some random moment 10 or so minutes into the show. This happened last week also, I think, but as I said, it shouldn’t happen again. Please excuse the random malfunction.

Show Notes:

1:03: Neither Tom nor I attended the ACI 26th Annual National Institute on the Foreign Corrupt Practices Act (but each of us wanted to) (lasts for 1 1/2 minutes)
2:50: DOJ to issue guidance that’s sure to please no one (lasts for 11 minutes)
15:17: AAG Lanny Breuer gives a speech at the ACI conference (lasts for 2 1/2 minutes)
18:50: Tom and I start an intense discussion around modern enforcement and modern compliance using AAG Breuer’s speech and the Chamber of Commerce’s efforts to amend the FCPA as a base. Very interesting, if I do say so myself. (lasts for 10 minutes)
28:55: Olympus: what the heck is going on over in Japan? (lasts for 10 minutes)
40:28: Astra Zeneca gets indicted in Serbia (lasts 3 minutes)
43:53: Formula 1, Ecclestone, Gribkowski (lasts almost 4 minutes)
47:45: PEPs and the Swiss (lasts 4 minutes)

Full episode:

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

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Breakout on Tone at the Top

Episode #22, plus a Breakout on Training

Howard@OpenAir — Sun, 06 Nov 2011 17:08:15 +0000

Show Notes:

Debate of the use of DPAs in the UK (18 minutes): starts at 1:25
Freeport-McMoRan, United Steelworkers, and paying for police protection (10 minutes): starts at 19:28
Embraer (6 minutes): starts at 29:26
Tognum resignation (3 minutes): starts at 35:20
Dadeleh bail (3 minutes): starts at 37:51
Allianz (3 minutes): starts at 40:10

Full episode:

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

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Breakout on Training: total time is about 14.