Archive for the ‘UK Bribery Act’ Category

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Episode #52

In disclosure,Harris Corp.,News Corp.,Safran,State-Owned Entities,TWIFCPAVideocast,UK Bribery Act,Wal-Mart on September 10, 2012 by Howard@OpenAir Tagged: , , , , , , , , , ,

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?

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Episode #43

In Chadbourne,Compliance Defense,Data Systems & Solutions,Debarment,Jon Jordan,SEC,Stroz Friedberg,UK Bribery Act on July 5, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , ,

Show notes:

00:48: should the DOJ throw an elbow? I explain my post, here. Is the DOJ a regulator or prosecutor? Would a compliance defense change that? (@09:35). False Claims Act & Federal Acquisition Regulations discussed at 12:14.
19:12: I discuss my next article for Forbes.com. Should there be a distinction between public and private?
20:10: Jon Jordan’s article on the compliance defense, and he gets “FCPA Voice Rookie of the Year” award for 2012. Last year was Matt Ellis.
30:44: How can the business community partner with the DOJ? Should the DOJ adopt the OFAC informal opinion process?
35:57: Why I hate bribery. A toddler dies because the ambulance driver demanded a bribe.
42:27: UK Bribery Act…who cares? Deloitte survey. Oxford University Press case at 47:10.
53:32: Data Systems & Solutions enforcement action
1:00:18: Scott Peeler goes to Stroz Friedberg
1:02:25: SEC serves papers on Germans via publication in the International Herald Tribune

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Episode #42

In Alcoa,Due Diligence,Hughes Hubbard,News Corp.,RICO,TWIFCPAVideocast,UK Bribery Act,Wal-Mart,Watts Water on June 15, 2012 by Howard@OpenAir Tagged: , , , , , ,

Show Notes:

01:31: Alba wins motion to dismiss their case against Alcoa
09:32: Is it okay that the DOJ uses a company’s internal investigation results?
14:17: Watts Water sues its lawyers
18:36: Due Diligence is difficult, especially in China (learned from the China Law Blog)
23:43: We start to talk about the UK DPA Consultation, but end up riffing on whether there should be DPAs at all
28:32: We finally get back to the UK
29:33: Why is Congress investigating Walmart?
36:47: Maybe because Walmart’s investigation scope has expanded, again
40:57: We throw in some News Corp. (not a sponsor of this video) news
43:12: Hughes Hubbard shares some wisdom
47:13: Tom and I are both speaking in Houston the last week in June, but at different events.

Hughes Hubbard FCPA Anti-Bribery Alert Summer 2012 Electronic Version

Come hear me and Jonathan Marks speak: June 25th (Monday) in San Francisco and June 26th (Tuesday) in Houston.

China Law Blog: definitely worth the time. In fact, it’s worth a lot of time.

UK Consultation Page

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Episode #40

In Africa Sting Case,Carson,disclosure,Lindsey,O'Shea,SFO,State-Owned Entities,Travel Act,TWIFCPAVideocast,UK Bribery Act on June 1, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , , , , , ,

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

In Chadbourne,Chamber of Commerce,SEC,State-Owned Entities,Travel Act,TWIFCPAVideocast,UK Bribery Act on May 25, 2012 by Howard@OpenAir Tagged: , , , , , , , , , ,

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.

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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 on Gift Giving on the Holidays

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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/Conversation/Debate on a Compliance Defense to the FCPA

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