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!
Tom and I talk about News Corp. and the arrest of Rebekah Brooks (and the lawyer who charges $4,700 per hour). We talk about the Carson case and Judge Selna reassuring us that private means private. We talk about Esquinazi and his appeal, including the effect of the dueling declarations. Finally, we talk about Walmart, the expansion of the investigation, and how it’s bringing in more commentary than we’ve seen in the past.
1:01: Takeaways from the ABA Panel with the SEC
4:42: News Corp.’s Brooks arrested
8:39: The $4,700 per hour lawyer?!
12:57: Judge Selna’s tentative Carson decision; what should the government have to search and disclose?
26:29: Esquinazi appeal
31:41: The dueling “declarations.” Is Haiti Teleco an instrumentality or not? Haiti says no. Wait, they say yes.
42:14 Walmart’s disclosure
43:34: The Donald comments
49:52: What’s coming up from Tom and Howard, including that we are going to be together at Compliance Week on a panel going over the recent case law and hot FCPA issues. Come to Compliance Week and see us.
Just slapping it up, show notes to follow (at some point: I’m traveling for the rest of the week).
Tom and I talk about WalMart and their self-disclosure issue…no, wait…they don’t have a self-disclosure issue, do they?
We also talk about News Corp. (not the publisher of this blog…sorry, Sam), crisis management, willful blindness, and when’s it all gonna end?!
And we talk about when an in-house or outside counsel suddenly is cross-designated—without their knowledge or consent, much less additional salary—as a “government agent.”
[vimeo http://vimeo.com/41740155 w=768&h=640]
Once again, due to technical issues, I’ve had to split this week’s episode into two parts, of which this is part I.
We talk about:
- The Haiti Teleco case (remember that one?)
- the JSW allegations
- more on Diageo and the Thai government’s new anti-corruption efforts
- mid-year reviews (with a polite suggestion to Miller, Chevalier)
- the fact that Nicola Hanna is a man (much to my chagrin)
- and lots of other interesting topics.
[vimeo http://vimeo.com/27914941 w=500&h=400]
Episode #14, with Tom in the UK, and only minor technical issues. We covered a ton of material:
- Business Roundtable in DC
- Lindsey allegations of prosecutorial misconduct
- Carson jury instructions
- National Strategy to Combat Transnational Organized Crime
- Niger now has a “High Commission”
- Diebold has no news, but we report on it anyway
- Travel Act gets challenged, nobody notices
- RBS gets hit for AML, without actually violating anything
[vimeo http://vimeo.com/27071872 w=500&h=400]
Another great conversation (although you’ll have to excuse the reverb). Here’s what we spoke about:
1. The Carson decision: the US wins another one. What will the long-term effect of these challenges be?
2. Ernst & Young European Fraud Survey 2011: shocking. (when you click on the link, look half-way down the right-hand column for the “download” section to download the entire survey…well worth the read)
3. Tenaris DPA
4. Latin Node exec pleads guilty
5. Due diligence for companies in the M&A context, including an article by Mark Herrmann that both Tom and I disagree with