FCPA Flash – A Conversation With Claudius Sokenu
The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Claudius Sokenu. Sokenu is among a small number of individuals who has experienced the FCPA from three different vantage points. First, Sokenu was Senior Counsel at the SEC’s Enforcement Division where he worked on FCPA matters. Second, Sokenu was a partner at various leading law firms where his practiced focused on the FCPA. Currently, Sokenu is Deputy General Counsel, Global Head of Litigation, Global Head of Compliance, and Global Head of Legal-Supply Chain at Andeavor (a Texas-based refining, marketing and logistics company).
Jay Jorgensen On Walmart’s Enhanced Ethics & Compliance Program
Recently Jay Jorgensen (Walmart Executive V.P. and Global Chief Ethics and Compliance Officer) delivered a keynote address at The FCPA at 40 symposium hosted by Texas A&M University School of Law on October 12th.
Portions of Jorgensen’s address are published below with permission. Jorgensen’s entire keynote address will be published in a forthcoming issue of the Texas A&M Law Review. In the excerpted portion, Jorgensen talks about the transformation of Walmart’s ethics and compliance program with a focus on anti-corruption. Specifically, Jorgensen discusses Walmart’s approach to: third-party due diligence and payments; licenses and permits; donations and charitable contributions; financial controls; and enhanced training.
Former DOJ Compliance Counsel Chen Seems Not To Think Much Of ISO 37001
When ISO 37001 was released in October 2016, I commented that if one is familiar with the numerous sources of best practices in the anti-bribery space, then ISO 37001 is a complete yawner, indeed a disappointment as several best practices are not even captured in the purported best practices document.
Despite many laughable and desperate attempts (see here, here, here, here) by ISO 37001 service providers to market ISO 37001, it seems that most of the FCPA compliance community views ISO 37001 as a close to useless document.
Are FCPA Third-Party “Best Practices” Xenophobic?
There is often discussion of “victims” of Foreign Corrupt Practices Act violations. Yet, I genuinely believe that one of the seldom-discussed “victim” categories of this new era of FCPA enforcement and resulting compliance “best practices” is foreign third parties.
For starters, a business organization can be exposed to FCPA anti-bribery violations based on the conduct of various third parties (assuming the “knowledge” component of the third-party payment provisions is met). Moreover, based on current enforcement theories, the mere “improper” recording of foreign third-party transactions may constitute a books and records violation and the enforcement agencies frequently find internal controls violations based on various alleged deficiencies concerning a business organization’s relationship with foreign third parties.
Because of these legal provisions (and aggressive and dubious enforcement of these provisions), an extensive and elaborate series of “best practices” have developed around pre-engagement, engagement, and post-engagement of foreign third parties.
FCPA Flash – A Conversation With Jonathan Drimmer (VP & Deputy GC of Barrick Gold Corp.)
The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Jonathan Drimmer (V.P. & Deputy General Counsel of Barrick Gold Corp. a Canadian company with shares traded in the U.S.). During the podcast, Drimmer answers which law (the FCPA or Canada’s Corruption of Foreign Public Officials Act) and its enforcement keeps him up more at night; the challenges of compliance including third party due diligence; and training best practices including whether there is compliance fatigue.