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!
Once again, the titles are screwed up. I have to reach out to Vodburner and get some help.
- 1:20: Brazil Ministers resigning in droves (lasts for 7 minutes)
- 8:34: World Compliance event with Tom and The Bribery Act guys (almost 6 minutes)
- 14:26: Squire Sanders event (1 minute)
- 15:35: SFO/DOJ and “informal” access (3 1/2 minutes)
- 19:00: World Check webinar series that Howard is doing (2 minutes)
- 21:00: John May article via FCPA Professor on self-disclosure and immunity (about 6 minutes)
- 27:23: Overseas Contractor Reform Act, also via the FCPA Professor (5 minutes)
- 32:27: Rakoff decision on Citigroup, and “neither admit nor deny” settlements (9 minutes)
- 43:17: Global-Tech Supreme Court case on willful blindness (4 minutes)
- 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)
- 1:01:10: O’Shea (4 minutes)
—————————Breakout Session Below———————————
Breakout Session on Gift Giving on the Holidays
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.
- Lindsey, starting at 1:45, takes up a significant amount of time (about 28 minutes)
- Olympus starts at 29:47 (almost 3 minutes)
- Alstom starts at 32:38 (4 1/2 minutes)
- SFO Red Flags starts at 37:06 (1 1/2 minutes)
- Pfizer starts at 38:45 (6 1/2 minutes)
- Finmeccanica starts at 45:33 (about 2 minutes)
Full episode (despite the bars, go ahead and hit play. I’ll work):
————————Breakout Session Below——————————–
Breakout/Conversation/Debate on a Compliance Defense to the FCPA