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  • Navigating the Complexities of Self-Disclosure Amidst Political and Legal Uncertainties
    2025/11/03
    In this episode, Tom Fox welcomes back Hughes Hubbard partner Mike DeBernardis to explore the unprecedented criminal indictment of Smartmatic and its implications on self-disclosure policies under the current administration. They discuss the rare occurrence of a company facing criminal charges and how it complicates the risk assessment for potential self-disclosure. The conversation covers the unpredictable nature of DOJ actions, the impact of political influence, and the challenges this situation presents for legal advisors and their clients. They also delve into the broader implications for corporate compliance, including the increased difficulty in predicting outcomes and the need for thorough internal investigations. Key Highlights · Discussion on Smartmatic Indictment · Challenges in Self-Disclosure · Political Influence and Risks · Client Conversations and Risk Assessment Resources Hughes Hubbard and Reed Mike DeBernardis on LinkedIn Texas 89th Legislature: Key Artificial Intelligence Legislation Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    26 分
  • The Importance of Outside Counsel in False Claims Act Investigations
    2025/10/27
    In this episode, Tom Fox welcomes Arthur Gollwitzer from the law firm of Jackson Walker to discuss the merits of involving outside counsel in handling False Claims Act cases and the nuances of legal compliance. Arthur shares his experiences in avoiding and defending False Claims Act allegations, the significance of hiring specialized investigative counsel early, and the integrity and credibility required in investigative processes. He also offers insights on the implications of AI regulations in Texas, his time as an Assistant US Attorney in the Southern District of New York, and the honor of representing the United States in court. Key highlights: Discussing False Claims Act Importance of Independent Investigations Credibility in Legal Investigations AI and Legal Implications Experience in the Southern District of New York Resources: JacksonWalker Arthur Gollwitzer on LinkedIn Texas 89th Legislature: Key Artificial Intelligence Legislation Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book is Upping Your Game. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    26 分
  • Self-Disclosure on Both Sides of the Atlantic
    2025/10/20
    Join Tom Fox as he welcomes 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. They take a deep dive into issues around self-disclosure on both sides of the Atlantic. Simon Airey and Caitlin Sherd are leading experts in the field of investigations and compliance, each bringing a nuanced perspective to the complexities of self-reporting to the Department of Justice (DOJ) in the US and the Serious Fraud Office (SFO) in the UK. Simon, a distinguished barrister, underscores the incentives for companies to self-report but cautions that the process is fraught with complexities, particularly in the UK where court approval is required for deferred prosecution agreements. Caitlin highlights the potential benefits of self-disclosure, such as possible declinations, but notes the associated costs, including time, legal fees, and reputational risks. Both experts emphasize the necessity of strategic planning and legal counsel to navigate the intricacies of international compliance, particularly in light of increasing enforcement activity and evolving legal landscapes. Key Highlights · Incentives for Self-Disclosure in DOJ and SFO · Strategic Self-Disclosure Consideration for Legal Cases · Cross-Border Self-Disclosure Strategies for Companies · Global Challenges in Corporate Self-Disclosure Processes · Whistleblower Tips Driving Future FCPA Enforcement Resources McDermott, Will and Schulte Simon Airey Caitlin Shread Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    33 分
  • From the Courtroom to Compliance: FCPA Challenges and Strategies with James Koukios
    2025/10/13
    Join Tom Fox as he welcomes back MoFo partner James M. Koukios to discuss the themes and strategies observed in recent FCPA trials and the DOJ’s prosecutorial approach. They explore the importance of making juries care about corruption cases, the themes of abuse of power and financial motive, and the significance of concealment in establishing guilt. The conversation also touches on the future of FCPA trials and the DOJ’s commitment to prosecuting individuals involved in corporate misconduct. And of course, Go Blue! Key highlights: Making juries care about the impact of corruption is crucial. Abuse of power is a central theme in corruption cases. Concealment of actions indicates consciousness of guilt. Compliance programs must emphasize transparency and documentation. Jurors expect good governance and are sensitive to abuse of power. Financial incentives in corporations should align with compliance. Prosecuting individuals remains a priority for the DOJ. Resources: Morrison Foerster James Koukios Expect DOJ To Repeat 4 Themes From 2024’s FCPA Trials Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    32 分
  • Pat Poitevin on Transforming Corporate Compliance: Leveraging AI and Building Ethical Cultures
    2025/10/06
    Join Tom Fox as he welcomes Pat Poitevin, a compliance veteran with extensive experience in enforcement, consulting, and academia. Pat shares his professional journey, starting with his work at the Royal Canadian Mounted Police (RCMP), and discusses the importance of building strong ethics and compliance cultures in organizations. He emphasizes the role of AI in transforming compliance functions and making risk management more effective. Pat also touches on the future of compliance, talent acquisition, and the impact of technology on business ethics. The conversation provides valuable insights for compliance professionals seeking to enhance their programs and align them with business strategies for long-term growth. Key Highlights · Current Projects and Focus Areas · Building a Strong Ethics and Compliance Culture · Leveraging AI in Compliance · Compliance Strategies for Geopolitical and Technological Changes · Balancing Policies and Human Behavior · Future of Compliance and Technology Resources Pat Poitevin 🔸 LinkedIn: Pat Poitevin 🔸 Consulting Firm: Active Compliance and Ethics Group (ACEG) Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    27 分
  • Middle Managers Are the Key - Evie Wentink’s Evolution in Compliance
    2025/09/29
    Join Tom Fox as he welcomes back Evie Wentink back to the FCPA Compliance Report. Evie shares her journey from a compliance professional to an innovator in the field, discussing her unique approach to compliance training and the role of middle managers. With nearly two decades of experience, Evie has transformed her career by leveraging social media to create engaging content that inspires compliance professionals worldwide. Discover how Evie’s innovative strategies are reshaping the compliance landscape and learn about her new venture, Ethical Edge Experts LLC. Key takeaways: – 🌍 Embrace change and see the world beyond your keyboard. – 💡 Innovation in compliance through social media and engaging content. – 🏢 The critical role of middle managers in compliance programs. – 📚 The importance of continuous learning and professional growth. – 🎯 Selling compliance by making it personal and relatable. Key highlights: Embracing Change and Innovation Training and the Role of Middle Managers Bridging the Gap in Compliance Perspectives Utilizing Social Media for Compliance Engagement The Importance of Being Coachable Ethical Edge Experts LLC Resources: Evie Wentink 🔸 LinkedIn: Evie Wentink 🔸 Consulting Firm: Ethical Edge Experts Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    31 分
  • Whistleblowing in 2025 - Insights from Mary Inman
    2025/09/22
    Join Tom Fox as he welcomes back Mary Inman, a leading expert in whistleblower law and compliance, to discuss the dynamic landscape of whistleblowing in 2025. Mary shares her insights on the rise of whistleblowing, the impact of AI, and the evolving legal protections for whistleblowers. Key takeaways: – 🚨 Whistleblowing is on the rise due to changes in administration and rapid technological advancements. – 🌐 International cooperation is crucial, with new SEC initiatives focusing on cross-border enforcement. – 🏛️ The antitrust whistleblower program is a significant development, offering new opportunities for insiders. – 💼 Competitors are increasingly acting as whistleblowers, especially in trade fraud cases. – 🧠 Mental health support for whistleblowers is gaining attention, with resources becoming more available. Key highlights: The Current State of Whistleblowing Antitrust Whistleblower Program International Cooperation and SEC Initiatives Trade Fraud and Whistleblower Roles Whistleblower Mental Health and Compliance Lessons Evolving Legal Protections for Whistleblowers Connecting with Whistleblower Resources Resources: Mary Inman 🔸 LinkedIn: Mary Inman 🔸 Email: Mary Inman 🔸 Law Firm: Whistleblower Partners Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    33 分
  • Suhail Motwani on Balancing Oversight and Autonomy in a Best Practices Compliance Program
    2025/09/15
    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, join Tom as he interviews Suhail Motwani from FTI Consulting on the FCPA Compliance Report. Suhail, a Senior Director in risk advisory and investigations, shares insights from his article ‘Navigating the Compliance Paradox. They discuss the challenges of balancing global oversight with local adaptation in compliance frameworks, emphasizing the importance of a hybrid model for multinational corporations. Key takeaways: – 🌍 Understanding the compliance paradox: global vs. local – 🏢 Importance of hybrid compliance structures for MNCs – 📊 Key considerations in compliance frameworks – 🗣️ The role of communication and training in compliance – 🤝 Building trust and relationships in compliance teams Key highlights: Navigating the Compliance Paradox Centralized vs. Decentralized Compliance The Hybrid Compliance Model Concluding Thoughts on Relationship Dynamics Resources Suhail Motwani on LinkedIn Suhail Motwani at FTI The Compliance Paradox Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    29 分