Episode #52

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?

Episode #40

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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Episode #39

Episode #39 is in two parts (my baby pulled out the plug to the router).

 

Part I

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

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Part II

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.

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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.

Episode #16

Show Notes:
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.

 

So, It Begins

A few weeks ago, I was privileged to break bread with the incredible Tom Fox. Part of our discussion involved what our profession has in the way of commentary. With both of us bloggers (which is like saying that my son’s Little League team and the Yankees both play baseball), and with some other tremendously talented people out there like Mike Koehler, Dick Cassin, and Mike Volkov, plus, of course, Tom, we thought that the writing element was well covered.

But a weekly video? That might be interesting. So we both signed up for Skype, and the result is posted below. Please also check out the “Meet Tom and Howard” link above, where you can learn about who Tom and I are, and how to reach us with additional questions. You can also leave a comment, and Tom or I will get back to you.

Every week, Tom and I will get together and talk about the week’s events in FCPA. I will try to post episode notes also. This week, we talk about the UK Bribery Act, and how companies should react; we discuss the Johnson & Johnson deferred prosecution agreement and J&J’s added undertakings; and we discuss the recent challenges to the idea that state-owned entities can be foreign officials. We also talk about what contract provisions should be in every contract, and whether audit rights are a good thing or not.