Compliance into the Weeds

In this episode Matt Kelly and I take a deep dive into a couple of recent SEC enforcement actions. The first involved L-3 Technologies and accounting irregularities. The second involves BlackRock and the continued issues around pre-taliation. We connect these enforcement actions to broader issues involving the COSO 2013 Framework, the DOJ mandated expertise in compliance, a speak-up culture and remedial actions. For additional information, check out Matt's blog posts on these topics: Lessons Galore in New SEC Internal Controls Case; and SEC Dings BlackRock for Pre-Taliation Clauses. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode Matt Kelly and myself take a deep dive into the compliance weeds by looking at a paper written by then SEC General Counsel James Doty (later head of the PCAOB) in 2007 where he proposes a regulatory scheme for FCPA compliance. Matt and I discuss the pros and cons and how the SEC Chairman designate Jay Clayton may view the issues. We then take a brief look at the arrest of VW executive Oliver Schmidt and both conclude that it presents ZERO problems for any Chief Compliance Officer or compliance practitioner going forward. For additional reading, seeMatt Kelly blog post on Doty article, "Ye Olde Plan for FCPA Compliance";Matt Kelly blog post on Oliver arrest, "Enough About CCO Liability"Tom Fox blog post on Oliver arrest "Honey I Think We Should Vacation at Home this Year"' and Jim Doty article "Toward a Reg. FCPA: A Modest Proposal for Change in Administering the Foreign Corrupt Practices Act"   Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode Matt Kelly and I take a deep dive into 6 compliance issues you should keep an eye on in 2017. They include the Wal-Mart FCPA resolution, the future of the FCPA Pilot Program, the SEC Whistleblower program, the Next PCAOB Chairman, the future of new overtime rules and finally the Barclay's trial for mortgage fraud in the context of the 2008 financial crisis. We also take a look at the GOP attempt to denude the Office of Congressional Ethics and their immediate reversal in the face of intense criticism. For additional reading check out Matt's two blogs on these subjects:  Ethics, Politics, and Optics in New Washington and  Six Compliance Events to Watch in 2017.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode Matt Kelly and I take deep dive into the United Airlines SEC enforcement action for violation of internal controls around its reinstitution of a route from Newark to South Carolina at the insistence of the then Chairman of the New York and New Jersey Port Authority David Sampson in exchange for a concession to expand its physical facilities at the Newark airport. We review the background facts, as set out in the SEC Cease and Desist Order and the Justice Department Non-prosecution. We take a look at the internal controls violation of the former UA CEO for violating the company's Code of Conduct, the finding of a lack of internal controls around its route reinstitution protocol and finally discuss the problem of senior management override of internal controls. For more information on this enforcement action, check out Matt's blog post on this matter, entitled, "This Weird United Airlines Case Just Happened"  and my blog post entitled, "The Chairman's Flight and the US Corrupt Practices Act".  Learn more about your ad choices. Visit megaphone.fm/adchoices