Establishing trust can greatly affect the outcome of a case. Thomas Fox and Michael DeBernardis talk about ABB’s 2022 bribery case in South Africa, how self-disclosure benefits any situation, the DOJ’s approach on cracking down recidivists, choosing the right people for your team, and being wary of waivers. ▶️ The ABB Settlement with Thomas Fox and Michael DeBernardis  Key points discussed in the episode: (00:00:29) Thomas lays out the facts of the ABB settlement. Michael points out the DOJ’s...

Rapid expansion presents great opportunity and great risk. Thomas Fox and Michael DeBernardis go deep into the Walmart bribery case, why immediate cooperation matters, tips for companies to prevent similar problems, the best course of action when working internationally, and projecting risk regardless of industry. ▶️ The Walmart Case with Thomas Fox and Michael DeBernardis  Key points discussed in the episode: (00:02:36) Thomas lays out the facts of the Walmart case. Michael points out how...

When beauty company Avon Products Inc. was charged in 2014 with violating the Foreign Corrupt Practices Act (FCPA), due to failure to detect and prevent bribery acts happening in China, they settled for ten times more than the cost they paid for in "gifts." Today, the FCPA investigation and enforcement action still stand as one of the most interesting cases for companies and compliance professionals to learn much from. Tune in to this new episode of The Corruption Files — The Avon China...

If you’re aggressive with your response, you’ll be rewarded. Thomas Fox and Michael DeBernardis break down the facts and lessons learned in the Ralph Lauren bribery case in Argentina. Discover why anti-corruption programs and worker training matter, how speedy cooperation improves resolution leniency, and why organizations shouldn’t be complacent when it comes to risk. ▶️ The Ralph Lauren Bribery Case with Thomas Fox and Michael DeBernardis Key points discussed in the episode: (00:00:35)...

There’s no such thing as low risk or no risk. Crafting a web of bribery with a corrupt law firm, a Nigerian fixer, and Panalpina’s hand landed Parker Drilling in hot waters. Tune in as Thomas Fox, and Michael DeBernardis explore the facts of the Parker Drilling case, why overestimating risk is always for the better, how proper conduct impacts sentencing, and why having the right people can impact outcomes. ▶️ Parker’s Offshore Oil Drilling with Thomas Fox and Michael DeBernardis Key points...

Risk is never static, but dynamic. The Goldman Sachs case has proven that playing with fire will always get you burned. Listen in as Thomas Fox and Michael DeBernardis dissect the rights and wrongs of the situation, why probing deeper into red flags is a must, the importance of setting off preventative controls right away, and why companies should publicly show their general policy statement. ▶️ The Goldman Sachs Corruption Case with Thomas Fox and Michael DeBernardis  Key points discussed in...

Brazilian petroleum company Petrobras caught itself in an intricate bribery scheme involving top construction corporations like Odebrecht and Braskem and political parties. Thomas Fox and Michael DeBernardis lay out the facts and share their insights on what lessons other companies can learn and practice to avoid similar compliance troubles. ▶️ Odebrecht/Braskem with Thomas Fox and Michael DeBernardis  Key points discussed in the episode: (00:00:32) Thomas Fox gives a brief background on the...

Thomas Fox and Michael DeBernardis discuss the dubious bribery cases of financial institutions, specifically Deutsche Bank, Credit Suisse, and Societe Generale (SocGen), that utilized commission agents of significant political power. They also talk about why compliance committees should look closer into the backgrounds of company agents and how the Deutsche Bank kickstarted France’s fight against corruption. ▶️ Banks Behaving Badly with Thomas Fox and Michael DeBernardis Key points discussed...

In 2016, the DOJ and SEC served enforcement action against Och-Ziff Capital Management Group for inappropriate business practices in Africa. It seemed like only yesterday when this successful hedge fund was incriminated in a complex scheme of bribing government officials to maintain and get new business. The settlement was $412 million (and even more for restitution for the victims), making it one of the biggest payments for violating the Foreign Corrupt Practices Act (FCPA). ▶️ The...

Welcome to another episode of The Corruption Files! Tom Fox and Michael DeBernardis explore their biggest takeaways from the appeal of the conviction of former Terra Telecommunications Corp. executive Joel Esquenazi. He and other involved parties were proven to pay bribes to Haitian government officials in a grand scheme. The case remains an example of a significant conclusion from a defense involving the FCPA. ▶️ The Instrumentality Ruling of United States v. Esquenazi with Tom Fox and...

Welcome to another episode of The Corruption Files!  Thomas Fox and Michael DeBernardis discuss questionable hiring practices from JP Morgan, Credit Suisse, and Bank of New York (BNY) Mellon in employing relatives of high-profile clients to gain favor. They also discuss how companies can find a middle ground in hiring families, why Hiring can be a high-risk area, preventative questions to avoid a violation and the significance of internal control and documentation. ▶️ Hiring in the...

Tom Fox and Michael DeBernardis go in-depth about the bribery scandals of three big names in telecom, MTS, VimpelCom, and Telia; Ericsson’s shady deals in multiple countries, how knowing high-risk countries and the beneficiaries of companies can save you from trouble, and the importance of visibility for compliance professionals. ▶️ The Bribery Trilogy in Telecom with Tom Fox and Michael DeBernardis Key points discussed in the episode: ✔️ Tom Fox gives a brief background on the VimpelCom...

Thomas Fox and Michael DeBernardis discuss the inner workings of bribery in the tech industry, specifically cases involving HP, Microsoft, and Panasonic, the DOJ and SEC driving home the benefits of voluntary disclosure and their response to future cases, and how companies can practice due diligence even within internal controls. ▶️ Bribery in Tech with Thomas Fox and Michael DeBernardis  Key points discussed in the episode: ✔️ Thomas Fox gives a brief background on the cases involving HP,...

Tom Fox and Michael DeBernardis shed light on the bribery schemes highlighted in the cases of Eli Lilly, Fresenius, and Teva and present the prosecutorial investigation, the questionable donations and expenses, preventative measures for companies to implement, and practicing due diligence to minimize risk. ▶️ Uncovering the Hidden Schemes in Pharma with Thomas Fox and Michael DeBernardis Key points discussed in the episode: ✔️ Thomas Fox introduces the cases involving Eli Lilly, Fresenius,...

Thomas Fox and Michael DeBernardis discuss energy cases considered FCPA violations, highlighting Panalpina Settlement Day, the uncovered bribery methods, and its implications on the future of compliance, the written policies, and the solutions to commerce and transactions in higher-risk jurisdictions.  ▶️ Energy Violations and the Panalpina Settlements with Thomas Fox and Michael DeBernardis Key points discussed in the episode: ✔️ Tom Fox introduces the cases involving Shell, Transocean,...

This is Tom Fox. I'd like to welcome you to an exciting new podcast series that I'm premiering on the Compliance Podcast Network, The Corruption Files, together with my co-host Thomas Fox and Michael DeBernardis, an artist partner at Hughes Hubbard & Reed LLP. We're going to be taking a look at some of the top corruption enforcement actions in the United States and beyond.  In our first five episodes, we're going to focus on some key industries inside the United States, which had...