Archive for the ‘TWIFCPAVideocast’ Category

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Episode #34

In TWIFCPAVideocast on March 30, 2012 by Howard@OpenAir

Tom and I, both in Washington DC for the Dow Jones Global Compliance Symposium, decided to do a live show, so to speak.  We recorded on YouTube (the video quality isn’t great because I was using my laptop camera.

Also, you might find the sound to be a bit low: I would suggest listening with headphones.

 

Part I: Is the DOJ being overly aggressive in its enforcement of the FCPA?

 

 

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Part II: Should there be a compliance defense to the FCPA?

 

 

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Part III: Should there be successor liability or not?

 

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Part IV: What about the upcoming guidance?

 

 

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Part V: Who is a foreign government official?

 

Articles

Episode #33

In TWIFCPAVideocast on March 19, 2012 by Howard@OpenAir Tagged: , , , , , ,

Finally, episode #33 is here. Totally my fault: there have been numerous tech issues involving my computer, and the recording software, that actually makes this the fourth time Tom and I have recorded the same episode.

Show notes to follow:

Articles

Episode #32

In Africa Sting Case,Alcoa,News Corp.,Noble,TSKJ,TWIFCPAVideocast,Wynn on March 5, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , , ,

New recording software. Oh My G-d. How much easier is this?

1:24: Tom gets published! Go to Amazon and look at his book. (lasts 30 seconds)

2:05: Tom moderates at panel at the    upcoming Global Compliance Symposium. Take a look here and see what’s what. (3 minutes)

5:05: News Corp. (17 minutes)

–Around 12:57, Howard takes a surprising position
–Around 17:44, what should regulators do when a company self-reports a violation, but a
really minor one?

22:22: Noble execs get sued (13 minutes)

–Is there going to be a trial? @26:05
–Around the 30-minute mark, I take another surprising stance on the SEC’s capabilities,
Tom says I’m wrong about something, I concede; and I take a very unsympathetic view to
a prosecution (yes, that’s possible)

35:45: TSKJ sentencings (7 1/2 minutes)

–Stanley @ 35:45
–Tesler @38:35
–@43:46, the impossible happens: Howard says “I’m wrong.”

44:08: Africa Sting case ends (11 minutes)

55:15: Wynn Resorts boots a board member (6 1/2 minutes)

1:01:40: Alba suing Alcoa (1 1/2 minutes)

1:03:15: Alstom subsidiaries get debarred. (3 minutes)

Articles

Episode #31 (FINALLY!), plus a New Breakout Session!

In TWIFCPAVideocast on February 27, 2012 by Howard@OpenAir

Sorry, folks. Tom and I recorded this weeks ago, and between my tech issues and a trip to Hong Kong, I was just able to get this thing processed today. I’m STILL trying to process the second part, our breakout session. With no luck. Plus, my computer-shutdown problems are back, which means I’m probably switching off Vodburner.

I know this has nothing to do with you, but it explains—but doesn’t excuse—the tardiness. And yes, Tom and I are both aware that we have a LOT to cover in our next episode. We will be recording that sometime this week, I hope.

Show notes to follow:

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Breakout Session:

Articles

Episode #30

In News Corp.,O'Shea,TWIFCPAVideocast on February 6, 2012 by Howard@OpenAir

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:

Articles

Episode #28, Finally

In ABB,O'Shea,TWIFCPAVideocast on January 26, 2012 by Howard@OpenAir

Delayed because of, you guessed it, tech issues.

Show notes to follow later today.

Articles

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

In TWIFCPAVideocast on January 13, 2012 by Howard@OpenAir

Our 2011 Year in Review!

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

Articles

Episode #26

In TWIFCPAVideocast on January 1, 2012 by Howard@OpenAir

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

Show Notes:

  1. 2:30 Siemens Indictments (lasts for about 14 minutes)
  2. 16:11: Deutsche Telekom/Magyar Telecom (15 minutes)
  3. 31:44: Shot Show conspiracy charges dismissed (4 minutes)
  4. 35:44: Shot Show prosecutor criticized by the Judge (8 1/2 minutes)
  5. 44:11: Bourke appeal (9 minutes)
  6. 53:37: New SFO director (1 1/2 minutes)
  7. 55:05: Ousama Naaman sentenced (3 1/2 minutes)
  8. 58:49: Aon
  9. 1:08:06: What are internal controls? (The most important 2 minutes you can possibly watch on internal controls)
  10. 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
  11. 1:23:55: Alba/Alcoa
  12. 1:28:00: News of the World arrests

Full episode:

Articles

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

In ABB,Brazil,Chadbourne,Chamber of Commerce,Citigroup,Debarment,Lindsey,O'Shea,SEC,SFO,Squire Sanders,TWIFCPAVideocast,UK Bribery Act,World Check,World Compliance on December 11, 2011 by Howard@OpenAir Tagged: , , , , , , , , , , , , , , ,

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

Show Notes:

  1. 1:20: Brazil Ministers resigning in droves (lasts for 7 minutes)
  2. 8:34: World Compliance event with Tom and The Bribery Act guys (almost 6 minutes)
  3. 14:26: Squire Sanders event (1 minute)
  4. 15:35: SFO/DOJ and “informal” access (3 1/2 minutes)
  5. 19:00: World Check webinar series that Howard is doing (2 minutes)
  6. 21:00: John May article via FCPA Professor on self-disclosure and immunity (about 6 minutes)
  7. 27:23: Overseas Contractor Reform Act, also via the FCPA Professor (5 minutes)
  8. 32:27: Rakoff decision on Citigroup, and “neither admit nor deny” settlements (9 minutes)
  9. 43:17: Global-Tech Supreme Court case on willful blindness (4 minutes)
  10. 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)
  11. 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

Articles

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

In Compliance Defense,Finmeccanica,Lindsey,Olympus,Pfizer,red flags,SFO,TWIFCPAVideocast,UK Bribery Act on December 5, 2011 by Howard@OpenAir Tagged: , , , , , , , , ,

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:

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

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