Compliance into the Weeds

Tom Fox
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Dec 12, 2018 • 28min

Compliance into the Weeds: Episode 103- Conspiracy or Coincidence?

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, Matt Kelly (the coolest guy in compliance) and I take a deep dive into two recent announcements by SEC Chairman Jay Clayton and PCAOB Chairman Will Duhnke that their agencies will turn a more critical eye towards Chinese companies and their lack of transparency in the audit process and in financial reporting. We introduce two characters, Conspiracy Tom and Conspiracy Matt to evaluate whether these announcements, made the same week as the arrest of the Chinese CFO of Huawei in Canada,   are a part of the larger trade war the Trump Administration is waging against China (Conspiracy Tom) or just coincidence (Matt).  For additional reading see Matt’s blog post “US Regulators Warn on China” in Radical Compliance.  Learn more about your ad choices. Visit megaphone.fm/adchoices
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Dec 6, 2018 • 29min

Compliance into the Weeds: Episode 102- a Rumination on Substantial Involvement

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, Matt Kelly and I take a deep dive Michael Cohen’s guilty plea and DAG Rod Rosenstein’s ‘substantially responsible” amending of the Yates Memo. Since Cohen said in the plea agreement that he only lied to Congress to support what he believed Trump wanted; not at Trump’s direction. It gives us the opportunity to explore a gray area about accountability for senior execs complicit in misconduct or to use Rosenstein's language have 'substantial involvement' but not substantially responsible for it. It provides several new lessons learned for the compliance professional (and some old ones as well). Some of the highlights from this podcast are:What does ‘substantially involved in or responsible for the misconduct’ actually mean?What does ‘substantially involved in or responsible for the misconduct’ actually mean?If the voting public, and employees; don’t see justice served, for legal distinctions they may neither appreciate nor care about, that’s going to blunt their interest in talk about ethical conduct; will it will corrode the trust they have in organizations?What if the senior executives are complicit in the misconduct by fostering a poor control environment; and yet they personally were not substantially involved in the misconduct?Will this drive up the importance of strong governance? For example, where were the auditors, inspecting the control environment? Or would this lead to shareholder lawsuits against the board?How would the Justice Department apply the Rosenstein policy to those circumstances?What were the key lessons learned for the compliance practitioner? Learn more about your ad choices. Visit megaphone.fm/adchoices
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Dec 5, 2018 • 16min

Compliance into the Weeds: Episode 100- Michigan State University Reorganizes Compliance

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, Matt Kelly and I 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, Matt Kelly and I take a deep dive into the recently announced reorganization of the Michigan State University compliance function, rolling it into the newly created Office of Audit, Risk, and Compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Dec 5, 2018 • 18min

Compliance into the Weeds: Episode 101- the Vantage Drilling FCPA Enforcement Action

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, Matt Kelly and I take a deep dive into the recent Vantage Drilling FCPA enforcement action. It is a highly unusual enforcement action with some very different facts from the standard FCPA case. It provides some new lessons learned for the compliance professional (and some old ones as well).Some of the highlights from this podcast are:What were the unusual facts of this matter?What is the role of a Board member who is also a supplier to a company?What were the key lessons learned for the compliance practitioner?For more see Matt’s blog post SEC Dings Vantage  $5M on FCPA Issues and see Tom’s blog post, The Vantage Drilling FCPA Enforcement Action. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Oct 17, 2018 • 23min

Compliance into the Weeds: Episode 98

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, Matt Kelly and I take a deep dive into the Benczkowski  Memo and what it means for not only the monitor selection process but for compliance officers who may be in front of the Justice Department in a FCPA investigation.    Learn more about your ad choices. Visit megaphone.fm/adchoices
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Oct 10, 2018 • 24min

Compliance into the Weeds: Episode 97

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, Matt Kelly and I take a deep dive into the continuing saga of Elon Musk, the SEC settlement, corporate governance at Tesla and his ongoing twitter feed.    Learn more about your ad choices. Visit megaphone.fm/adchoices
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Oct 3, 2018 • 15min

Compliance into the Weeds: Episode 96

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, Matt Kelly and I take a very deep dive into the increased prevalence of non-GAAP financial reporting.     Learn more about your ad choices. Visit megaphone.fm/adchoices
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Sep 19, 2018 • 23min

Compliance into the Weeds: Episode 95

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, Matt Kelly and I take a very deep dive into the process surrounding the allegations made against Supreme Court nominee Brett Kavanaugh by Christina Ford. We consider these allegations from the compliance perspective  Learn more about your ad choices. Visit megaphone.fm/adchoices
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Sep 12, 2018 • 17min

Compliance into the Weeds: Episode 94

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, Matt Kelly and I take a very deep dive into the recent SEC whistleblower award of $54MM to two separate individuals.    Learn more about your ad choices. Visit megaphone.fm/adchoices
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Aug 18, 2018 • 14min

Compliance into the Weeds: Quarterly Reporting Discussion

In this episode, Matt Kelly and I take a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly and I take a very deep dive the implications from President Trump’s tweet on Friday, August 17th about quarterly financial reporting by public companies. Learn more about your ad choices. Visit megaphone.fm/adchoices

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