Posts Tagged ‘UK Bribery Act’

Articles

Episode #47

In Africa Sting Case,Declinations,News Corp.,Self-disclosure on July 30, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , , , , , , , , , , , ,

A shorter episode this week, in episode #47 Tom and I talk about the virtues of a free press, checkbook journalism, the effect of foreign law on US regulatory decisions, how to choose FCPA outside counsel, and more!

02:15: No enforcement actions this week, no new investigations
02:47: News Corp., phone hacking, the Leveson Committee, and we’re shocked, shocked, to find that there’s gambling going on in this establishment (wait, you mean that reporters pay for access?!). The intersection between the FCPA and a free press.
09:04: New law firm FCPA updates
10:36: if Germany says someone isn’t a government official, does that bind (or even influence) the DOJ?
15:25: law firm FCPA updates are too long, I argue
18:00: How to choose outside counsel for FCPA matters (Howard’s version)
26:37: Howard’s book comes out (okay, it’s Alexandra Wrage’s book; I just wrote a chapter).
27:43: New corporate disclosures (Qualcomm, Stryker, Schlumberger) show LONG investigations
32:11: Bistrong gets a recommendation of probation
34:17: The problem with sting cases
35:27: What’s a declination?

Articles

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

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 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

Articles

Episode #23, and a Breakout on Tone at the Top

In Chamber of Commerce on November 12, 2011 by Howard@OpenAir Tagged: , , , ,

For some reason—I think I’ve sussed it out, so it shouldn’t recur next week—the “Howard Sklar” and “Tom Fox” titles at the bottom of the screen which normally appear when I say our names and where we write, don’t appear until some random moment 10 or so minutes into the show.  This happened last week also, I think, but as I said, it shouldn’t happen again. Please excuse the random malfunction.

 

Show  Notes:

  1. 1:03: Neither Tom nor I attended the ACI 26th Annual National Institute on the Foreign Corrupt Practices Act (but each of us wanted to) (lasts for 1 1/2 minutes)
  2. 2:50: DOJ to issue guidance that’s sure to please no one (lasts for 11 minutes)
  3. 15:17: AAG Lanny Breuer gives a speech at the ACI conference (lasts for 2 1/2 minutes)
  4. 18:50: Tom and I start an intense discussion around modern enforcement and modern compliance using AAG Breuer’s speech and the Chamber of Commerce’s efforts to amend the FCPA as a base.  Very interesting, if I do say so myself. (lasts for 10 minutes)
  5. 28:55: Olympus: what the heck is going on over in Japan? (lasts for 10 minutes)
  6. 40:28: Astra Zeneca gets indicted in Serbia (lasts 3 minutes)
  7. 43:53: Formula 1, Ecclestone, Gribkowski (lasts almost 4  minutes)
  8. 47:45: PEPs and the Swiss (lasts 4 minutes)

Full episode:

[vimeo http://vimeo.com/32017986 w=768&h=640]

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————————Breakout Session Below——————————–

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Breakout on Tone at the Top

[vimeo http://vimeo.com/32021423 w=768&h=640]

Articles

Episode #22, plus a Breakout on Training

In Alcoa,Dadeleh,Opinion Release,TWIFCPAVideocast,UK Bribery Act on November 6, 2011 by Howard@OpenAir Tagged: , , , , , , , , , , , ,

Show  Notes:

  1. Debate of the use of DPAs in the UK (18 minutes): starts at 1:25
  2. Freeport-McMoRan, United Steelworkers, and paying for police protection (10 minutes): starts at 19:28
  3. Embraer (6 minutes): starts at 29:26
  4. Tognum resignation (3 minutes): starts at 35:20
  5. Dadeleh bail (3 minutes): starts at 37:51
  6. Allianz (3 minutes): starts at 40:10

 

Full episode:

 

[vimeo http://vimeo.com/31675651 w=500&h=400]

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Breakout on Training: total time is about 14.

[vimeo http://vimeo.com/31679742 w=500&h=400]

Articles

Episode #20, and a Breakout on Contract Provisions

In Contract Provisions,Design Institutes,Esquinazi,Haiti Telecom,SciClone,TWIFCPAVideocast,Watts Water on October 26, 2011 by Howard@OpenAir Tagged: , , , , , ,

Tom and I are always looking for ways to improve the show.  One comment that we’ve gotten is that the length of the show makes it hard for some people to watch.  We’ve also gotten comments, however, that the show length is right on because it gives us time to really talk about the issues.  What we’re going to do to keep the discussion thorough, but help people who want to watch in chunks, is to put the start times of each piece of the discussion.  If a particular section interests you, skip to that section.  I’ll also put the total time for each segment, so you know before you start how long it is (in other words, I do the math for you).  I hope this helps keep this “work safe” and we hope you enjoy.

Show  Notes:

  1. Esquinazi Order (6 1/2 minutes): starts at 1:40
  2. TRACE gift-tracking software (plus, TRACE is awesome)(5 minutes): starts at 8:24
  3. Watts Water (15 minutes): starts at 13:40
  4. SciClone (12 minutes): starts at 28:53
  5. A compliance defense (25 minutes): starts at 40:46
  6. Olympus (6 minutes): starts at 1:05:17
  7. Halliburton (just a mention)(2 minutes): starts at 1:11:39

Full episode:

[vimeo http://vimeo.com/31110853 w=500&h=400]

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Breakout on Contract Provisions: total time is 10 minutes and 34 sec.

[vimeo http://vimeo.com/31063688 w=500&h=400]
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