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  • Navigating the Failure to Prevent Fraud: Key Insights and Implications
    2025/11/03
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will examine the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data-driven compliance. This podcast is sponsored by konaAI. In this concluding episode of Season 2, Tom Fox is joined by Steptoe LLP partners Zoe Osborne, Judy Krieg, and Matt Galvin for an in-depth discussion on the UK’s new fraud prevention offense. The panel explores the jurisdictional reach of the law, highlighting the broad scope that can impact U.S. companies, even those with limited ties to the UK. They delve into the roles of potential enforcers such as the Serious Fraud Office, the Crown Prosecution Service, and the Financial Conduct Authority. Practical advice is shared on leveraging AI for compliance, maintaining robust fraud prevention measures, and documenting decision-making processes to ensure transparency and accountability. This episode provides comprehensive insights essential for corporate compliance professionals navigating these complex regulatory landscapes. Key highlights: Overview of Failure to Prevent Fraud Offense Enforcement Agencies and Their Roles Technological Solutions for Fraud Prevention UK DPA Process and Jurisdictional Issues Resources: Steptoe LLP Matt Galvin Zoe Osborne Judy Krieg Click here for konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK's New Fraud Legislation Connect with Tom Fox on LinkedIn
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    36 分
  • Navigating Self-Disclosure Under the FTPF and Updated ECCT
    2025/10/10
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data driven compliance. This podcast is sponsored by Kona AI. In this episode of Season 2, I am joined by Simon Airey and Caitlin Sheard, partners at McDermott, Will and Schulte and both experts in the fields of investigation and compliance from both sides of the Atlantic. We take a deep dive into their recent article, 'Cross Atlantic Impact, DOJ and SFO, Self-Reporting and Enforcement Priorities,' exploring the critical topic of self-disclosure in the context of both U.S. and UK jurisdictions. The discussion covers the incentives for self-reporting under the DOJ's updated policies, the Serious Fraud Office's new guidance on voluntary disclosure in the UK, and the broadening scope of anti-economic crime laws, including the UK's significant changes effective from 2023. The conversation highlights the complexities and strategic challenges companies face in making self-disclosure decisions, the emerging enforcement focus on cartels and economic crimes, and the ongoing robust enforcement of anti-corruption laws such as the FCPA and the UK Bribery Act. Key Highlights · Discussion on Self-Disclosure Incentives · Challenges and Implications of Self-Disclosure · Changes in UK Law and Its Impact · Global Self-Disclosure Strategies Resources: McDermott, Will and Schulte Simon Airey Caitlin Shread Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities Click here for KonaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK's New Fraud Legislation Connect with Tom Fox on LinkedIn
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    33 分
  • Fraud vs. Compliance Risk Assessments: Understanding Key Differences and Best Practices
    2025/09/26
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data-driven compliance. KonaAI sponsors this podcast and is joined by Jonathan Marks from BDO. Today, we look at the distinctions between fraud risk assessments and compliance risk assessments. Despite initial similarities in risk control and governance, the two are fundamentally different in purpose, methodology, and impact. We also explore how compliance risk assessments ensure organizations follow laws, regulations, and policies, while fraud risk assessments focus on identifying, assessing, and prioritizing potential fraudulent activities. Key elements, including fraud schemes, concealment techniques, conversion motivations, and red flags, are discussed. Additionally, we emphasize the need for specialized skills and experience in conducting these assessments and highlight the role of continuous improvement in strengthening organizational resilience against both compliance and fraud risks. Key highlights: Understanding Fraud Risk Assessments Key Elements of Fraud Schemes Identifying and Evaluating Red Flags Connecting Red Flags to Controls Compliance Risk Assessments Explained Differences Between Compliance and Fraud Risk Assessments Resources: BDO Jonathan Marks on LinkedIn konaAI, a Covasant company Click here for konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation Connect with Tom Fox on LinkedIn
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    22 分
  • The Failure to Prevent Fraud Offense: Insights for US General Counsels with Mike DeBernardis
    2025/08/22
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data-driven compliance. Kona AI sponsors this podcast. In this episode of Season 2, Tom Fox is joined by Mike DeBernardis, Partner at Hughes Hubbard & Reed. In this episode, Tom and Mike look at the specific offenses listed in the Failure to Prevent Fraud Offense and translate them into US-legalese. They discuss common misunderstandings among US lawyers, the broad jurisdictional scope, and specific fraud types under UK law, such as fraud by false representation, failure to disclose information, and abuse of position. They also emphasize the importance of risk assessments for US companies with UK operations to ensure compliance and avoid legal repercussions, and also touch on the potential geopolitical implications and the necessity of having robust policies and procedures to prevent fraud. Key highlights: Fraud by False Representation Fraud by Failing to Disclose Information Fraud by Abuse of Position and Obtaining Services Dishonestly Corporate Fraud: Participation, Accounting, and Trading Risk Mapping and Compliance Strategies Resources: Hughes, Hubbard & Reed Mike DeBernardis on LinkedIn New Considerations for Companies with U.K. Ties: Home Office Issues Guidance to Organisations on the Offence of Failure to Prevent Fraud konaAI, a Covasant company Click here for konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation Connect with Tom Fox on LinkedIn
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    22 分
  • James Tillen on the Importance of Cross-Functional Collaboration in Complying with the FTPF Offense
    2025/08/15
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data driven compliance. This podcast is sponsored by konaAI. In this episode of Season 2, Tom Fox is joined by James Tillen, a member at Miller & Chevalier. James emphasizes the critical need for cross-functional collaboration within organizations for compliance professionals. It explains that simply focusing on one’s compliance program is insufficient. Instead, engaging with various internal departments and possibly external experts is essential to effectively manage compliance risks, including those associated with the failure to prevent fraud. Key highlights: Why US multinationals need to pay attention Cross-Functional Collaboration Identifying Key Internal Collaborators Engaging Internal and External Experts Jurisdiction Resources: Miller & Chevalier James Tillen on LinkedIn New Considerations for Companies with U.K. Ties: Home Office Issues Guidance to Organisations on the Offence of Failure to Prevent Fraud konaAI, a Covasant company Click here for the konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation. Connect with Tom Fox on LinkedIn
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    23 分
  • Understanding the ECCTA and Its Impact with Jonathan Armstrong
    2025/08/08
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data-driven compliance. This podcast is sponsored by konaAI. In this episode of Season 2, Tom Fox is joined by Jonathan Armstrong. Tom and Jonathan explore the historical context of fraud laws in the UK, the specifics and implications of the new legislation, the role of the Serious Fraud Office under the new rules, and its impact on corporations, especially those with international operations. Jonathan also outlines necessary steps corporations need to take to comply with the Act and prevent fraud within their organizations, including the importance of thorough risk assessments, top-level commitment, and effective communication and training programs. Key highlights: Key Legal Points of the New Law Jurisdiction and Global Impact Fraud Risk Assessment and Prevention Technological and ESG Fraud Resources: Jonathan Armstrong on LinkedIn konaAI, a Covasant company Click here for konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation Connect with Tom Fox on LinkedIn
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    34 分
  • Understanding the ECCTA and Its Impact on Fraud Prevention with Vince Walden
    2025/08/01
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data driven compliance. This podcast is sponsored by konaAI. In this episode of Season 2, Tom Fox is joined by Vince Walden, CEO of konaAI. In this episode, they take a deep dive into the details of the UK Economic Corporate Crime Transparency Act, specifically the ‘Failure to Prevent Fraud’ offense. Walden, bringing the perspective of a fraud examiner and CPA, discusses the types of fraud covered under the new law and its broad scope, affecting not just UK companies but also US subsidiaries of UK companies. Walden emphasizes the importance of fraud prevention compliance programs and outlines how effective data analytics and risk assessments can help companies prevent fraud. He also explores the integration of advanced technologies like AI in building robust fraud detection mechanisms. The conversation highlights that effective compliance leads to better business processes and profitability. Key highlights: Understanding Fraud Offenses Under the Act The Broad Scope of the Act Importance of Compliance Programs Data Analytics in Fraud Risk Management Future of Fraud Detection with AI Resources: Vince Walden on LinkedIn kona AI, a Covasant company Click here for konaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation Connect with Tom Fox on LinkedIn
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    26 分
  • Understanding the UK’s New Failure to Prevent Fraud Offense with Sam Tate
    2025/07/25
    Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data driven compliance. This podcast is sponsored by Kona AI. In this first episode of Season 2, Tom is joined by Sam Tate, Global Head of Regulatory and Investigations at the international law firm Clyde & Co. Tate to discuss the significant changes brought about by the latest UK law on the Failure to Prevent Fraud offense, which was introduced as part of the Economic Crime and Corporate Transparency Act of 2023 and took effect on September 1, 2025. He also highlights the challenges of prosecuting large corporations for fraud. Tom and Sam examine the new compliance requirements under the law, their impact on multinational companies, and the extended jurisdiction that covers actions affecting the UK. Practical steps for companies to take in response to the new law are also discussed, emphasizing the need for a thorough risk assessment and robust compliance programs. ey highlights: Overview of the New Fraud Law Implications for US Companies Market Response and Compliance Challenges Prosecutors’ Perspective and Enforcement Corporate Response and Compliance Strategies Impact on International and Regulated Entities Resources: Clyde & Co Sam Tate at Clyde & Co ECCTA’s Failure to Prevent Fraud Offense—Is your Organisation ready? Check out KonaAI Click here for KonaAI White Paper Rethinking Compliance: Practical Steps for Adapting to the UK’s New Fraud Legislation. Connect with Tom Fox on LinkedIn
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    28 分