Navigating the Complexities of Self-Disclosure Amidst Political and Legal Uncertainties

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Nicole Di Schino, Principal Compliance Services Consultant at Diligent’s Spark Compliance Group, to discuss how best to harness AI for your compliance regime through 2026 and beyond. Nicole and Tom discuss the critical importance of AI governance, compliance, and modern GRC. They cover practical steps for developing comprehensive compliance programs, emphasizing the necessity for AI risk assessments, the establishment of AI governance committees, and the implementation of human oversight in AI processes. Nicole highlights the intrinsic risks of AI, including privacy concerns and AI bias, and shares her personal experiences with AI’s impact in educational settings. Tom underscores the role of compliance education, advocating for the broader view of compliance as an ambassadorial and academic function. This session also explores the integration of AI into compliance workflows and the essential role of board and committee oversight. Resources: Nicole Di Schino on LinkedIn Diligent Website Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jim Massey, who has recently released a new book, Risk in Action. Jim Massey, an accomplished author and behaviorist practitioner, delves into the intricate dynamics of trust within leadership through his book “Risk in Action.” Drawing from his extensive experience in high-stakes boardrooms and executive sessions, Massey emphasizes the crucial role of trust as a foundation for effective action. He explores the interconnected nature of trust, risk, and fear, urging individuals to redefine risk as a prioritization tool that enables progress and bold decision-making. By addressing these themes, Massey aims to spark vital conversations and empower leaders to embrace uncertainty, ultimately encouraging them to take courageous actions that drive growth and innovation. Key highlights: Navigating Trust, Risk, and Fear in Leadership Enhancing Business Outcomes through Proactive Risk Management Cultivating Innovation Through Compliance Transformation Embracing Fear for Innovative Growth Dynamic Risk Assessment for Compliance Agility Navigating Uncertainty: Leading with Courage and Clarity Resources: Risk in Action on Amazon Jim Massey Website Jim Massey on LinkedIn Eastward.ai Website Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Virna di Palma, Head of Global Content and Brand at Ethixbase360. Virna offers insights into her extensive background in third-party risk management, with a focus on FCPA compliance and the evolution of due diligence. They discuss the ongoing importance of third-party risk management, recent shifts in FCPA enforcement, and the growing impact of new regulations on corporate compliance. Virna highlights the transformative role of automation and AI in enhancing compliance programs while emphasizing the need for human analysis. The conversation also addresses emerging issues, such as modern slavery and sustainability, and explores how organizations can optimize investments in risk management to drive business growth and resilience. Key highlights: Importance of Third-Party Risk Management Impact of FCPA Enforcement Pause Technological Advancements in Compliance Human Rights and Modern Slavery Future of Third-Party Risk Management Resources: Virna Di Palma on LinkedIn Ethixbase360 Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Richard Graham, Director - KYC / Financial Crime at Moody's, to discuss the newly released AI Risk and Compliance Survey. Graham shares his extensive background in financial crime and technology, emphasizing his current role, which focuses on KYC and financial crime at Moody's. Together, they discuss the survey's insights, which reveal that 53% of 600 senior risk professionals surveyed are currently using AI for risk management, representing a significant increase from the previous year. Graham explains the crucial role of high-quality data in maximizing AI's potential and highlights its rapid adoption driven by its demonstrated benefits in compliance and risk management. The conversation also explores the evolving role of risk professionals in the context of AI tools, the impact of regulatory awareness, and the industry's shift towards more proactive risk management. Key highlights: Overview of AI Risk and Compliance Survey Key Findings and Industry Trends Adoption of AI in Banking and Corporations Early Wins and Barriers to Scale Data Governance and Regulatory Expectations Resources: Richard Graham on LinkedIn Moody’s Moody’s AI Risk and Compliance Survey Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

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 explore the broader implications for corporate compliance, including the increased complexity in predicting outcomes and the necessity 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 & Reed Mike DeBernardis on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Join Tom Fox as he welcomes Simon Airey and Caitlin Sheard, partners at McDermott Will & 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 Sheard 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 & Schulte Simon Airey Caitlin Sheard 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, is available. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Join Tom Fox as he welcomes Pat Poitevin, a compliance veteran with extensive experience in enforcement, consulting, and academia. Pat shares his professional journey, beginning with his work at the Royal Canadian Mounted Police (RCMP), and discusses the importance of establishing strong ethics and compliance cultures within organizations. He emphasizes the role of AI in transforming compliance functions and enhancing the effectiveness of risk management. Pat also touches on the future of compliance, talent acquisition, and the impact of technology on business ethics. The conversation offers valuable insights for compliance professionals looking to refine their programs and align them with business strategies for sustained 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

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