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?
Listen here:[audio https://thisweekinfcpaaudio.files.wordpress.com/2012/07/episode-46.mp3]
1:37: Halliburton’s settlement of the shareholder action
3:46: Halliburton messaging requirements
9:36: Halliburton’s audit personnel requirement
13:21: Back to the messaging requirements; should they have set the # of messages
17:54: Qualcomm opens an internal investigation (belatedly)
20:27: Is a Wells Notice something you must disclose
28:08: What happens (or should happen) when you get the first call from the DOJ & SEC
29:31: Are outside auditors going to lawyer up too?
31:46: Nordam penalized, but not too harshly
41:08: Noble executives Mark Jackson and James Ruehlen file their reply briefs
47:40: Do you have to know that what you’re paying is a bribe? To “willfully” bribe? How does that apply to facilitation payments?
57:25: I rant about tolling and the statute of limitations
Download here: Episode #46
Listen here:[audio https://thisweekinfcpaaudio.files.wordpress.com/2012/07/episode-45.mp3]
01:25: Many, many law firm “reports, reviews, alerts” etc. But is enforcement leveling out? And Miller Chevalier? Make a downloadable PDF, please.
08:28: Alcoa, Alba, and a publicized settlement offer
18:02: Chocolates and bribery. That is, the Orthofix case. And we get a full-on Howard rants starting about 28:13. And I get on a roll, and keep on it for a while.
36:55: Former Prime Minister of Israel Olmert acquitted of bribery. Ties into the US, and into the Sands investigation. How would this effect a US investigation?
In the middle of this: Tom leaves, Howard chokes, Tom returns.
41:44: Walmart, facilitation payments, and the (potentially premature) death notice for FCPA reform
42:19 starts the facilitation payments discussion. At 46:23, we start talking about the excellent <a href=”http://chinalawblog.com” title=”Dan’s China Law Blog” target=”_blank”>China Law Blog</a>, and Dan’s post from today. [Tom and I are in total agreement: you need to start reading China Law Blog, if you don’t already.]
Listen here:[audio https://thisweekinfcpaaudio.files.wordpress.com/2012/07/episode-44.mp3]
1:04: Latin America survey, with guests! Matt Ellis and James Tillen
36:49: Do the Dodd-Frank and Sarbanes Oxley whistleblower protection provisions apply outside the US? Judge Atlas (fellow Tufts University graduate…Go Jumbos!) says no.
48:48: The Attorney General is found in contempt of Congress. Starting with the DOJ’s chain of command for FCPA cases. (@56:59 conflicts, anyone?)
59:48: Roger Clemens was acquitted. Tom goes off on a rant against naps.
1:02:53: SEC’s “obey the law” injunctions are too vague for the 11th Circuit.
1:08:44: Do you have to disclose a Wells Notice? Answer: it depends.
1:14:24: Is a $135 million gift ever appropriate?
Download here: Episode #44
Listen here:[audio https://thisweekinfcpaaudio.files.wordpress.com/2012/07/episode-43.mp3]
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
01:31: Alba wins motion to dismiss their case against Alcoa
09:32: Is it okay that the DOJ uses a company’s internal investigation results?
14:17: Watts Water sues its lawyers
18:36: Due Diligence is difficult, especially in China (learned from the China Law Blog)
23:43: We start to talk about the UK DPA Consultation, but end up riffing on whether there should be DPAs at all
28:32: We finally get back to the UK
29:33: Why is Congress investigating Walmart?
36:47: Maybe because Walmart’s investigation scope has expanded, again
40:57: We throw in some News Corp. (not a sponsor of this video) news
43:12: Hughes Hubbard shares some wisdom
47:13: Tom and I are both speaking in Houston the last week in June, but at different events.
Download here: Episode #42
Come hear me and Jonathan Marks speak: June 25th (Monday) in San Francisco and June 26th (Tuesday) in Houston.
China Law Blog: definitely worth the time. In fact, it’s worth a lot of time.
00:50: Compliance Week
03:17: CEO of P&G gives a speech, and we ask, “do you need a CCO?”
11:18: Companies are taking a look at their specific risks, and that’s a good thing
13:54: What does any of this have to do with a compliance defense?
16:16: 8 moms give Bob McDonald (the CEO of P&G) agita
17:52: Tom and I go to an ABA panel on the Africa Sting case
24:30: Mike Koehler is going to law school
26:06: Hewlett-Packard’s latest disclosure
Listen here:[audio https://thisweekinfcpaaudio.files.wordpress.com/2012/07/episode-41.mp3]
Download here: Episode #41