Compliance into the Weeds – Details, episodes & analysis

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode Tom Fox and Matt Kelly take a deep dive into the recent Securities and Exchange Commission FCPA  enforcement action involving John Deere.  The case centers on a $10 million civil penalty imposed by the SEC for bribery activities in the Thailand office of a newly acquired subsidiary, Wirtgen Group. This transgression spanned from 2017 to 2020, and despite having a code of business conduct, Wirtgen employees flouted rules by falsifying expenses, entertaining government officials at massage parlors, and engaging in a luxury sightseeing tour under the guise of a factory visit.  A critical issue was John Deere's delayed integration of Wirtgen into its compliance program, leading to internal control lapses and obvious red flags in expense reports. Although Deere has since taken significant remedial actions, including firing culpable employees and enhancing its compliance and internal audit programs, the situation underscores persistent compliance challenges even for large, sophisticated firms. This episode serves as a reminder of the essential compliance lessons from past decades that firms must steadfastly adhere to. Key Highlights ·      Details of the Bribery Scheme ·      Internal Control Violations ·      Pre and Post-Acquisition Due Diligence Issues ·      Remedial Steps and Improvements ·      Root Cause Analysis and Lessons Learned Resources Matt in Radical Compliance Tom   Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom Fox and Matt Kelly take a deep dive into the recent SEC enforcement actions against several companies for pre-taliation clauses and related illegal intent.   Our conversation discusses recent enforcement actions by the SEC sanctioned against seven companies for a total of $3 million in civil penalties. The main issue was that these contracts required employees to forfeit any right to whistleblower awards if they reported misconduct to regulators. The conversation explores the legality of these contract clauses and the chilling effect they have on potential whistleblowers. Tom and Matt also discuss the challenges of remediation and the need for a comprehensive approach to address retaliatory clauses in all types of contracts. Key Highlights SEC Enforcement Actions on Pre-Retaliation Language The Illegality of Pre-Retaliation Clauses Addressing Pre-Retaliation Clauses: Remediation Challenges Expanding the Focus: From Employment Contracts to All Contracts Resources Matt in Radical Compliance Tom   Instagram Facebook YouTube Twitter LinkedIn Check out the full 3-book series, The Compliance Kids on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode Tom Fox and Matt Kelly take a deep dive analyzing term-ending Supreme Court decisions from a compliance perspective.  They address the Jarkesy decision on SEC in-house tribunals, the Loper ruling overturning the Chevron deference doctrine, and the Snyder decision that narrows the scope of federal anti-corruption law. Despite the headlines, they conclude that these rulings have minimal direct impact on corporate compliance programs, emphasizing the ongoing importance of ethical integrity and effective compliance practices. Key Highlights ·      Supreme Court Cases Impacting Compliance ·      The Jarkesy Decision: Minimal Impact on Compliance ·      The Loper Case: Chevron Deference Overturned ·      The Snyder Decision: A Controversial Ruling ·      Implications and Final Thoughts Resources Matt on Radical Compliance   Tom   Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we explore the recent CFPB circular which noted a company’s failure to implement adequate data protection measures can qualify as an unfair practice prohibited under the Consumer Financial Protection Act.  Highlights include: ·      The CFPB is going to start bringing charges against more companies for sloppy data protection programs.  ·      Three Key data protection security controls.  ·      Why CISOs and IT needs to talk to compliance. ·      The role of auditing and monitoring. ·      How and where to get started. Resources Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we explore the new requirements for CCO certification by considering what is meant by the term ‘reasonably designed’ compliance program. Highlights include: ·      What does ‘reasonably designed’ mean in practice and the eyes of the DOJ? ·      Should the DOJ articulate a standard? ·      Are CCOs certifying under greater risk? ·      What have other thought leaders opined? ·      Does this standard impact ‘effective’ compliance programs? Resources Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we deep dive into recent failures detected in the state of Wisconsin regarding cyber security risks around election integrity. Highlights include: The risks were uncovered. What is a material risk? Why Multi-Factor Authentication is important cyber security control. What are the consequences of a single point of failure? How and when should redefine a hazard? What does CISA say about MFAs? Resources Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into the recent settlement by Biotronik with the DOJ over allegations of the violation of the Anti-Kickback Statue  Highlights include: ·      Background facts. ·      Training programs as cover for bribes. ·      What is lavish entertainment? ·      What were the internal control failures? ·      Controls for high-risk payments. ·      Lessons learned for the ABC compliance professional. Resources Tom in the FCPA Compliance and Ethics Blog Part 1-Background Part 2-the Bribery Schemes and Lessons Learned Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into the recent story of an in-house attorney who was disbarred for fraudulent activities in creating fraudulent claims and fraudulent settlements.  Highlights include: ·      Background facts. ·      Conflicts of Interests. ·      What were the internal control failures? ·      Were they material? ·      Lessons for the compliance professional. Resources Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into the recent New York, Department of Financial Services enforcement action against Carnival Cruise Lines for failures in its cybersecurity reporting obligations.  Highlights include: ·      Why is Carnival Cruise Lines subject to the DFS? ·      What violations occurred? ·      Why were there false certifications? ·      What were the tactical cyber security violations? ·      Were they material? ·      Lessons for the compliance professional. Resources Matt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into some of the issues for compliance professionals in the wake of the Dobbs decision.  Highlights include: ·      What should compliance professional do now? ·      What are your policies and procedures? ·      Forced-birth v. women’s right states. ·      Where does you company stand? ·      Preparing for compliance challenges ahead. ·      The next wave of civil rights issues destroyed. ·      Ethical practices v. obeying state laws ·      Social media outreach. Resources Matt in Radical Compliance Tom in the FCPA Compliance and Ethics Report Learn more about your ad choices. Visit megaphone.fm/adchoices