1:37: Halliburton’s settlement of the shareholder action
3:46: Halliburton messaging requirements
9:36: Halliburton’s audit personnel requirement
13:21: Back to the messaging requirements; should they have set the # of messages
17:54: Qualcomm opens an internal investigation (belatedly)
20:27: Is a Wells Notice something you must disclose
28:08: What happens (or should happen) when you get the first call from the DOJ & SEC
29:31: Are outside auditors going to lawyer up too?
31:46: Nordam penalized, but not too harshly
41:08: Noble executives Mark Jackson and James Ruehlen file their reply briefs
47:40: Do you have to know that what you’re paying is a bribe? To “willfully” bribe? How does that apply to facilitation payments?
57:25: I rant about tolling and the statute of limitations
01:25: Many, many law firm “reports, reviews, alerts” etc. But is enforcement leveling out? And Miller Chevalier? Make a downloadable PDF, please.
08:28: Alcoa, Alba, and a publicized settlement offer
18:02: Chocolates and bribery. That is, the Orthofix case. And we get a full-on Howard rants starting about 28:13. And I get on a roll, and keep on it for a while.
36:55: Former Prime Minister of Israel Olmert acquitted of bribery. Ties into the US, and into the Sands investigation. How would this effect a US investigation?
In the middle of this: Tom leaves, Howard chokes, Tom returns.
41:44: Walmart, facilitation payments, and the (potentially premature) death notice for FCPA reform
42:19 starts the facilitation payments discussion. At 46:23, we start talking about the excellent China Law Blog, and Dan’s post from today. [Tom and I are in total agreement: you need to start reading China Law Blog, if you don’t already.]
1:04: Latin America survey, with guests! Matt Ellis and James Tillen
36:49: Do the Dodd-Frank and Sarbanes Oxley whistleblower protection provisions apply outside the US? Judge Atlas (fellow Tufts University graduate…Go Jumbos!) says no.
48:48: The Attorney General is found in contempt of Congress. Starting with the DOJ’s chain of command for FCPA cases. (@56:59 conflicts, anyone?)
59:48: Roger Clemens was acquitted. Tom goes off on a rant against naps.
1:02:53: SEC’s “obey the law” injunctions are too vague for the 11th Circuit.
1:08:44: Do you have to disclose a Wells Notice? Answer: it depends.
1:14:24: Is a $135 million gift ever appropriate?
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
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
00:50: Compliance Week
03:17: CEO of P&G gives a speech, and we ask, “do you need a CCO?”
11:18: Companies are taking a look at their specific risks, and that’s a good thing
13:54: What does any of this have to do with a compliance defense?
16:16: 8 moms give Bob McDonald (the CEO of P&G) agita
17:52: Tom and I go to an ABA panel on the Africa Sting case
24:30: Mike Koehler is going to law school
26:06: Hewlett-Packard’s latest disclosure
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!