Episode 66, the Herbalife FCPA Enforcement action

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Matt Kelly, Jonathan Marks and Mike Volkov for a deep dive discussion into the recent Herbalife FCPA enforcement action. We end with a veritable mélange of rants and shouts outs.    

1. Jonathan Armstrong looks at the case from the UK and Bribery Act angle and finds some Scottish cases which might inform a response. Armstrong shouts out to those ‘in transition’ and encourages them to engage.
2. Jay Rosen considers the lack of monitor in the Herbalife case and takes a deep dive into some of the possible reasons. Jay rants about AG Bill Barr and his unitary theory that the entire DOJ works for him personally.
3. Matt Kelly considers the role in internal audit in this case and then looks at the (non) actions of the Board of Directors. Matt shouts out to Nora Dannehy and her principled stance.
4. Mike Volkov considers how he would have approached counseling Herbalife if they had called him when it all hit the fan. He shouts out Ruth Bader Ginsburg.
5. Jonathan Marks considers the role of gatekeepers in this case and decrees the lack of skepticism at the Board. He rants about IIA for beginning the discussion to reconfigure its 3 Lines of Defense but says it does not go far enough.
6. Tom Fox shouts out to Jose Altuvé for breaking through the Mendoza Line by raising his batting average to .215. 

The members of the Everything Compliance are:

• Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
• Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
• Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
• Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
• Jonathan Marks is Partner, Firm Practice Leader - Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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