Thomas-Fox

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A CCO Job Function: Managing Talent

CCOs have a big job, no question. In addition to developing and strengthening the compliance program and remaining attentive to ethical concerns throughout the organization, the CCO has the responsibility of managing his bench of compliance practitioners. Given the egos often prevalent among top talent, this is no small feat...

choices

Ruth Rendell and Developing Better Compliance Solutions

The late, great mystery writer Ruth Rendell was known for challenging human bias. As a result, her writing felt fresh while her contemporaries' novels were often formulaic and predictable. In the world of compliance, overcoming human bias when seeking solutions is even more important. Tom Fox explores how compliance practitioners can perfect their decision making.

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Deep Dive: SEC Enforcement of the FCPA

FCPA practitioners often focus only on DOJ enforcement issues. This article provides a deep dive into some of the key differences between DOJ enforcement of the FCPA with that of the SEC.

Mr. Spock

Farewell to Mr. Spock and Risk Assessment Under COSO

Mr. Spock and his pursuit of logic inform today’s blog post. Every compliance practitioner is aware of the need for a risk assessment in any best practices compliance program; whether that program is based on the US Foreign Corrupt Practices Act (FCPA), UK Bribery Act or some other compliance law or regime.

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New Coke and Technological Solutions as a Response to the Economic Downturn

This might be the time that you consider a technological solution to help manage your FCPA anti-corruption compliance program going forward. It may be that you can come out running a more effective program, yet ultimately spend less money because you do not have to replace employees aid off during your company’s initial response to the downturn.

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Franchising and Liability Under the FCPA

U.S. franchisors doing business abroad come into contact with officials of foreign governments fairly frequently - if not once they're up and running, then certainly during the startup process. Each interaction presents an opportunity for an FCPA violation. And if and when a misdeed comes to pass, who's ultimately liable? The individual with boots on the ...

ice cream

Get Your Tootsie-Frootsie Ice Cream: Hiring as Part of Your Compliance Program

No matter how much anti-bribery/anti-corruption training your company provides, no matter how diligent your efforts to prevent compliance violations, it's possible that you'll have a "5 percenter" in your ranks -- someone who will lie, cheat and steal anyway. In order to steer clear of serious compliance infractions, you may need to reassess your screening and hiring processes.

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Byzantium and the Alstom FCPA Settlement – Part III

The final installment from Tom Fox in a series on the Alstom FCPA enforcement action, this post explores the accounting records violations the French parent company owned up to. As it happens, the charges are a bit puzzling, but it's made clear in the settlement not only that there were some serious misdeeds afoot, but that there were ...

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Germany in the World Cup and the Alstom FCPA Enforcement Action – Part II

The recent Alstom enforcement action has dwarfed many others, and for Tom Fox, it brings to mind last summer's soccer upset heard 'round the world - Germany trouncing Brazil in the World Cup. Today's piece delves into the deferred prosecution agreements, outlining the requirements they set for Alstom and what they mean for compliance practitioners in general.

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The Alstom FCPA Enforcement Action – Part I

The first in a series of posts from Tom Fox on the recent Alstom enforcement action -- among the very largest of all FCPA actions to date both in terms of the scope of the investigation and the amount of fines levied against the offending party. Lessons to be learned from Alstom? The importance of controls cannot ...