Tom and I discuss HP, NCR & how NOT to react to whistleblowers, the new and improved DOJ web site, Comverse Technologies and a lenient sentence for Paul Cosgrove. Episode #53.
00:39: More than you wanted to know about Howard’s new site (the redesigned Open Air Blog)
01:51: Have a happy new year
02:55: Hewlett Packard (Howard recuses himself from the discussion, so this is all Tom)
06:09: You missed my birthday. Don’t worry, you don’t have to apologize
06:43: NCR shows considerable skill at treating a whistleblower complaint in exactly the wrong way. Tom & I talk about how to handle a whistleblower better. And here’s the link to Mike Volkov’s video.
18:12: DOJ improves their already-great Web site. And they work really, really hard
23:07: Tom is speaking in Singapore. If you’re anywhere close, you really need to go. Here’s the link to the conference. And in San Diego. The San Diego one is on diligence, and is with Mike Volkov
27:32: Comverse: we can’t guarantee that we won’t screw up…again. Ooookkkaaaayyyy, Comverse. Thanks for sharing. And how to actually have consistent messaging.
36:44: Paul Cosgrove, former global head of Sales at Control Components, Inc. (CCI), gets sentenced. Ending a very interesting case. And neither Howard nor Tom are Supreme Court scholars. Little help, anyone? And Howard is going to be in the same room with Lanny, in the near future, in London!
Tom and I talk about the Pfizer DPA, and what lessons we can learn from a company that’s been doing it right for more time than most companies have even heard of the FCPA.
01:21: Howard won’t tempt fate again. Believe it.
02:03: Pfizer & Wyeth settle enforcement actions. Tom and I will be doing an entire episode just about that.
04:42: Standard Chartered
21:32: Did Standard Chartered have a “Deceptive Business Plan?” Or did they just follow the law as OFAC has laid it out?
29:44: What happened to the Attorney-Client Privilege?!
32:46: We have to bring Deloitte into it too
37:40: Evasion versus doing what’s legal in a different way (or, is it illegal if you jump through the hoops they set up?)
39:26: Is there such a thing as “reputation risk?”
46:34: SFO is investigating an EADS subsidiary
49:38: News Corp. arrests, Church of England divests
52:43: JP Morgan Chase is my new best friend
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
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!