Please forgive the mixed tenses in the title but I have been thinking about what the Wal-Mart anti-corruption matter might mean at the end of the day.
Tom Fox
Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in compliance through his best-selling book Upping Your Game. He has 38 other books on the use of AI in compliance and business ethics, leadership including the seminal work, The Compliance Handbook, with its 7th edition coming out in 2025. He is the founder of the award-winning Compliance Podcast Network.
LinkedIn: Follow
February 1 Deadline for Data Transfer Clarity
February 1 is a date that all U.S. and EU compliance practitioners need to circle. Itโs the deadline for the U.S. Department of Commerce and the European Commission to reach a deal regarding the transfer of data from EU countries to the United States.ย As of now, the two still canโt agree on how U.S. spy agencies monitor Europeansโ digital profiles. And if no agreement is reached, the movement of data from Europe to the United States could cause the initiation of an investigation and make compliance with any internal investigation around the FCPA much more challenging.
Board of Directors and Line of Sight Into Compliance Trends
Image:ย A board of directors must set the appropriate tone at the top for any organization. Yet it must do more than simply set the tone, sit back, and do nothing. A board needs to take a hard look at the information it is being presented and tell management to stop if executives approaching a line that could cross into illegal conduct. This week, FCPA blogger Tom Fox explores how a boardย can spot when the company might be moving toward an FCPA violation.
Use of Compliance Data an Anti-Trust Violation in Europe?
How did the collection of Big Data somehow run afoul of European anti-trust regulations? The Man from FCPA takes a look at one of the more puzzling regulatory decisions to come out of the Eurozone recently, and at what it means for compliance officers everywhere.
Mike Oxley, the FCPA, and the Fight Against Terrorism
When the Foreign Corrupt Practices Act became law years ago, it was never intended to be used as a tool to fight terrorism. But as recent terror activity has illustrated, corruption and terrorism go more than hand in hand; the first helps to create the second. And as we look for more innovative ways to secure the world against terror, addressing its root enablerโcorruptionโis an area where even compliance officers can do their part.
Tescoโs Tone at the Top and the Myth of the Rogue Employee
Image:ย We often hear of a rogue employee who is really to blame for a major corruption scandal, but how often do bad apples really cause the problem? And how much is a wider corporate cultureโperhaps even one that allows for, or encourages, rogue actorsโa more likely source of problems? FCPA blogger Tom Fox examines the recent Tesco accounting corruption scandal.
Compliance Convergence: the Consequences of an Export Control Failure
When a Hellfire missile intended to be shipped from Germany to the United States accidentally ends up in Cuba, more than a few eyebrows raised over it, especially since such sensitive cargo was handled by multiple shipping companies that never seemed to check the manifest or wonder why one of the most advanced weapons in the U.S. arsenal was heading to an old Cold War adversary.
Are VW Execs Breathing Easier Now?
Image:ย Senior executives at Volkswagen took a very deep sigh of relief when the Justice Department announced a civil suit (?a suit many say is a cakewalk as opposed to the tougher policy set by the Yates memo) against the company for damages from its emissions fraud scandal. In addition, the proposed penalty under the Clean Air Act is only $19 billion. Volkswagen may well decide to negotiate a settlement without receiving any cooperation credit. CW FCPA bloggerย Tom Fox explores further.
Some Costs of Corruption
Image:ย A recent Financial Times article says that non-U.S. corruption scandals have outpaced those which are U.S.-centric and, FT points out, the companies at the heart of these scandals fared pretty badly from their own transgressions. Inside, FCPA blogger Tom Fox examines the cases of Volkswagen, whose emissions fraud has caused the companyโs share price to drop more than 30 percent; iconic Japanese entity Toshibaโs $1.3 billion accounting scandal; and Swedish company Industrivรคrden, whose perquisite scandal has decimated the board of directors. All of this and no mention of FIFA. What will 2016 bring?
Using Social Media to Defend an FCPA Criminal Charge
Image:ย Social media has certainly changed the way we communicate. Just look at federal securities fraudster Martin Shkreli, known for his extreme social media use, who has continued the practice (not surprisingly) post-arrest. According to the New York Times, Shkreli posts selfie videos โas if the possibility of going to prison were just a bump in the road.โ These kinds of cases could bring a new worry for defense attorneys: a clientโs use of social media to proclaim innocence and denounce the governmentโright up until convicted.


