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In a podcast series sponsored by Affiliated Monitors, Inc. (AMI), Tom Fox visits with Eric Feldman, Senior Vice President of AMI. They look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward.
Listen to the full series below, or wherever you listen to podcasts.Day 1:
In this first episode, they begin with some of Feldman’s observations on the 2019 Guidance. The 2019 Guidance asks three fundamental questions prosecutor should ask; all other questions are divided into these categories: (1) “Is the corporation’s compliance program well designed”; (2) “Is the program being applied earnestly and in good faith?” In other words, is the program being implemented effectively?
In October 2018 Assistant Attorney General Brian Benczkowski of the US Department of Justice issued a memo entitled “Selection of Monitors in Criminal Division Matters.” Some took the memo to herald the end of corporate monitorships.
Not so, says Eric Feldman of Affiliated Monitors. In this podcast he explains that, instead, the memo was designed to improve both the selection of monitors and the process for determining whether having a monitor is appropriate.
Over the years it had become the default to have a monitor when a Deferred Prosecution Agreement was put in place. Now a cost/benefit analysis will be conducted before going down this often long road. The DOJ will be examining factors such as who was involved in the wrongdoing and what progress the company has made on its own to strengthen its compliance efforts.
In this five-part podcast series sponsored by AMI, Tom Fox is joined by Don Stern. Together they consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings.
Listen to the full series below, or wherever you listen to podcasts.Day 1:
In this first episode, they introduce the concept of defense counsel working with independent monitors.Day 2:
This week, in the second episode, Don Stern and Tom Fox take a deep dive into the nuts and bolts of defense counsel working with a third-party independent. They explore basic questions around the attorney/client privilege, review the steps an independent third-party monitor should take, and the always difficult decision on self-disclosure.
Last month I attended my first Women in Compliance Conference and Awards in London. It was such a great experience that I wanted to share who I met with, what I learned and why I recommend connecting with other global compliance leaders.
Around 80 people attended the Conference, coming from many countries like Spain, France, Italy, Germany, the USA, Finland, Belgium, China, Brazil, India, Russia and the UK, among others. Most women were working as compliance officers in big multinationals such as Boeing, Cargotec, General Electric, Pepsico, AB inBev, Tenneco, Whirlpool, Volkswagen or Bloomberg. But there were also some women working for SMEs and service providers like The Red Flag Group, Skadden, Mishcon de Reya or Affiliated Monitors.
In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., Tom Fox visits with AMI Managing Director Rod Grandon. Along the way, they consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program not only to increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking.Day 1:
In this first episode, we introduce the concept of Responsible Contractors.Day 2:
In this Episode 2, Grandon and Fox engage in more in-depth discussion what the government expects from contractors. The concept of the Responsible Contractor focuses on integrity and honesty. It goes beyond the notion of responsibility in all forms of interactions with the government and actions by the company in their commercial operations.
In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., Tom Fox visits with AMI Managing Director Jesse Caplan on emerging issues in healthcare compliance and monitoring. Healthcare provider organizations and practices face many different types of potential regulatory and liability risks. Listen to the full series below, or wherever you listen to podcasts.Day 1:
In this first episode they consider the risks to providers and health care organizations from opioid prescribing, and the current response from legislators and the Justice Department.
In this Episode 2, they discuss how healthcare organizations can identify and mitigate the risks from opioid prescribing by their practitioners.
In Part 3, Tom Fox and with Jesse Caplan discuss how health regulatory agencies are using independent monitoring to serve important public policy goals in the healthcare space.
Maria Astigarraga of Affiliated Monitors Makes the Shortlist for Compliance Consulting Team of the Year at the International Women in Compliance Awards
A ceremony recognizing women leaders in the compliance world will take place in London on March 28th at the Women in Compliance Awards sponsored by C5. And for first time, Affiliated Monitors will be there. Our team lead by Maria Astigarraga, our Ethics & Compliance Partner based in Bilbao, Spain, was recognized and shortlisted for the Compliance Consulting Team of the Year.
“We couldn’t be more pleased to be shortlisted for the Compliance Consulting Team of the Year award. It’s a phenomenal honor for Affiliated Monitors and the great work by Maria in expanding AMI’s compliance work in Spain, to be recognized by the best in the field,” said founder and President Vin DiCianni.
In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., Tom Fox and Vin DiCianni sit down as a retrospective of the company’s first 15 years. This podcast series is much more than simply the history of AMI as it details the rise of independent monitors in the US at multiple levels: the federal government, state agencies and local authorities as well as internationally. AMI has been at the forefront of not only the use of independent monitors but also the dramatic growth of the compliance and ethics profession over the past 15 years. This podcast series is a history of both the rise of independent monitors as well as the government’s embrace of corporate compliance and ethics programs. Listen to the full series below, on the FPCA YouTube, or wherever you listen to podcasts.
Day 1: In part 1 of this 5-part series on mergers and acquisitions, Eric Feldman and Tom Fox introduce the Benczkowski Memo and new DOJ announcements over the past year and what they mean for the compliance practitioner. Listen below, or on the FCPA Compliance Report
Day 2: Vin DiCianni joins Fox to consider how companies can use this information internally to bolster their compliance programs. Listen below, or on the FCPA website.
Day 3: In the previous episode in a podcast series on the DOJ’s Benczkowski Memo, Tom Fox and Vin DiCianni considered how companies can use this information externally to bolster their compliance programs. In this third episode, they consider this same issue from the external perspective.