Investment Funds: Massive Transparency Loopholes

In recognition of the recent honor of Sir Bill Browder KCMG with the title Knight Commander of the Order of St Michael and St George for his significant contributions to human rights and anti-corruption, we are revisiting a 2017 interview with Bill. He describes the brazen fraud and violence of Putin’s Russia, the death of Sergei Magnitsky, and the passage of the Magnitsky Act. (This episode was originally published on 31 May 2017)

Today’s podcast is a recording of a talk given by Drew Sullivan of the OCCRP at the University of Maryland. Drew is the co-founder and editor of the Organized Crime and Corruption Reporting Project (the OCCRP), a global network of journalists working collaboratively to evaluate and mine enormous amounts of data to expose corruption. The OCCRP is also a past winner of the TRACE Prize for Investigative Reporting. Special thanks to the Center for International and Security Studies at Maryland in the School of Public Policy and the Philip Merrill College of Journalism for letting us record the event. Originally posted 11 May 2022

Jessica Warwick in Norton Rose's Ottawa office joins the podcast to talk about the Arapakota decision and what it means for anti-bribery enforcement in Canada.   (This episode was originally published 21 June 2023)

Pedro Pizano and Jeffrey Smith, with the McCain Institute and Vanguard Africa respectively, discuss the reputation laundering that musicians, actors and athletes facilitate when they agree to perform for dictators and kleptocrats. They also describe how these same artists can use their platforms for good instead and show support for the citizens living under brutal regimes. Originally Posted: Sep. 15, 2020

Josh Kirschenbaum is a visiting fellow at the German Marshall Fund’s Alliance for Securing Democracy and formerly served as acting director of the Office of Special Measures at Treasury’s Financial Crimes Enforcement Network (FinCEN). He joins the podcast to discuss investment funds and the gaping loophole they create through which vast sums of money can move with no accountability. This episode was originally published on April 20, 2021.

Joel Bakan joins the podcast to discuss his books, and the films based on them. He outlines the fundamental conflict inherent in companies ostensibly committed to ESG principles while simultaneously driven by a legal requirement to maximize shareholder value. Originally posted on Jul. 14, 2021

This week’s podcast features an excellent presentation by Misti Mukherjee, founder and managing member of Extensio Law.  Misti addresses the shifting field of diversity, equity and inclusion—including recent changes to the law—and emphasizes the critical importance of this work alongside the need to approach it with intentionality and discipline.

This week’s podcast is a bit off the beaten track.  We speak with Sherub Tharchen in Paro in Bhutan about his country.  We cover some of the basics, including the country’s location between two neighbors with high levels of corruption, and then discuss how the current King of Bhutan tackled corruption in a way that, while probably not replicable in most countries, has nevertheless had great success for the Bhutanese.

Leah Ambler, then Director of Corruption Prevention at the Australian Commission for Law Enforcement Integrity and previously Legal Analyst at the Organisation for Economic Co-operation and Development (OECD), delves—in her personal capacity—into her excellent chapter on whistleblower protections, emphasizes their importance in reducing corruption and highlights the challenges posed by the lack of comprehensive, harmonized legislation.  Originally posted on Jan. 12, 2022

This week on Bribe, Swindle, or Steal, we listen in on the lively presentation at the 2024 TRACE Forum featuring former enforcement officials, Charles Duross, Partner, Morrison Foerster, David Last, Partner, Cleary Gottlieb, and Mark Mendelsohn, Partner, Paul Weiss. Speaking with TRACE President, Alexandra Wrage, Chuck, David, and Mark discuss their time as Chiefs of the FCPA Unit and their experiences navigating heightened scrutiny and shifting resources, and then they offer their perspectives on what lies ahead.