Episodi

  • The DOJ Trainwreck and the Rising Risk Calculus for Compliance and Self-Disclosure

    The DOJ Trainwreck and the Rising Risk Calculus for Compliance and Self-Disclosure
    May 13 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss how internal dysfunction at the U.S. Department of Justice is creating uncertainty for corporate compliance teams and corporations more generally. Focusing on a reported turf battle between the long-standing Fraud Section in the Criminal Division, established in 1955 and central to FCPA enforcement and compliance guidance, and a newly created national Fraud Division, which was initially framed as targeting government benefits fraud. They argue that the reorganization could drain expertise, reduce future DOJ guidance, and distort enforcement into politically selective actions, citing IBM’s $17 million settlement, an EEOC case involving The New York Times and Smartmatic, and Smartmatic’s experience. They also highlight DOJ staffing losses with a net 20% fewer lawyers, loss of experienced attorneys, reliance on inexperienced hires and bonuses, and warn that the volatility may chill voluntary self-disclosure despite DOJ messaging encouraging it. Key highlights: DOJ Train Wreck Overview Fraud Section vs Fraud Division Political Enforcement Reality Self-Disclosure Gets Riskier What Companies Should Do Now Resources: Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    27 min
  • Ohio State and Improper Requests by a President

    Ohio State and Improper Requests by a President
    May 6 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore the subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the recent departure of the President of the Ohio State University. Matt and Tom raise a compliance-focused question: how should an employee respond after receiving a request that may implicate an improper relationship between a company president and his girlfriend? They highlight whether an employee should question or report a potentially inappropriate relationship based solely on the request or whether doing so would go too far without more substantive evidence. Their discussion emphasizes that addressing such concerns can be a delicate conversation for employees to navigate. Resources: Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    23 min
  • Navigating DOJ's Evolving Self-Disclosure Strategies

    Navigating DOJ's Evolving Self-Disclosure Strategies
    Apr 29 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore the subject more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss a recent Law360 post by Hui Chen on the evolving calculus for self-disclosure. Hui Chen’s insights into the Department of Justice’s (DOJ) evolving self-disclosure strategies are crucial for companies navigating the complexities of compliance in today’s uncertain regulatory environment. As a former DOJ compliance counsel and a Microsoft compliance officer, Chen emphasizes the challenges posed by a politicized, understaffed DOJ, urging companies to reassess their compliance programs amid shifting enforcement dynamics. Tom and Matt echo Chen’s concerns regarding the DOJ’s current state. Tom, acknowledging Chen’s expertise, highlights the impact of the department’s politicization and understaffing on the effectiveness of compliance efforts, while Matt underscores the importance of proactive self-disclosure despite uncertainties, stressing the potential risks of inaction under the current administration. Both agree that the fractured nature of the DOJ requires a reevaluation of traditional compliance and self-disclosure strategies. Key highlights: Navigating DOJ Self-Disclosure Strategies with Wei Chen Justice Department’s Impact on Corporate Prosecutions Mitigating Criminal Violations through Self-Disclosure Benefits of Self-Disclosure in Corporate Enforcement Resources: Hui Chen on Law360 (sub req’d) Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    23 min
  • Banking Regulators Cut Model Risk Guidance: Implications for Compliance, Audit, and AML Oversight

    Banking Regulators Cut Model Risk Guidance: Implications for Compliance, Audit, and AML Oversight
    Apr 22 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully, and looking for some hard-hitting insights on compliance. Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss new Federal Reserve, FDIC, and OCC model risk management guidance issued late Friday, arguing it replaces detailed, bright-line expectations with thin, principles-based language. They contrast the prior OCC guidance (109 pages) with the new 12-page document, saying it describes model risk governance abstractly but offers little direction on what banks should do, leaving decisions about materiality and oversight to management. They highlight practical consequences for bank compliance and internal audit, including reduced leverage to insist on prudent governance, potential weakening of AML model oversight under the strict-liability Bank Secrecy Act, and the risk of more arbitrary enforcement amid reduced regulatory staffing. They also note that the guidance excludes AI models, with future AI guidance promised only through a later comment process. Key highlights: From 109 pages to 12 Principles vs specifics debate Internal audit sidelined Regulators and capacity cuts AI models left out Resources: Matt on Radical Compliance Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    23 min
  • Surveying Retaliation Against Compliance Officers

    Surveying Retaliation Against Compliance Officers
    Apr 15 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss a new anonymous Radical Compliance survey, launched with Case IQ and Compliance Week, to quantify retaliation against compliance officers who raise compliance concerns to senior management. The survey asks what misconduct was reported, who retaliated, what forms of retaliation took place, such as firing, demotion, harassment, budget cuts, blacklisting, and what actions followed. Matt also encourages responses even from those who have not experienced retaliation. Tom and Matt have previously discussed anecdotally but have not systematically studied, and plan to publish their findings and host a webinar later in the spring, likely in June. They also discuss potential structural protections informed by data, such as disclosure expectations around CCO departures (e.g., 8-K concepts) and contract/regulatory-approval models like those in India’s banking sector, and suggest that the findings could inform DOJ views on compliance autonomy and effective compliance programs. Key highlights: Survey Launch Explained Retaliation Questions Why This Study Matters Defining Prevalence Using Findings for Change Final Call to Participate Resources: Matt on Radical Compliance Survey on Retaliation Against Compliance Professionals Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    17 min
  • Duty Owed vs. Material Nonpublic Information: Prediction Markets and Compliance

    Duty Owed vs. Material Nonpublic Information: Prediction Markets and Compliance
    Apr 8 2026
    The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the prediction markets and what they mean for compliance. Tom and Matt focus on the phrase “violation of a duty owed” by employees and notes that this standard appears significantly broader than traditional insider trading laws. They explain that insider trading law centers on the disclosure of material nonpublic information, whereas a “duty owed” framework emphasizes the underlying duty itself. Because “duty owed” could encompass many different types of obligations beyond material nonpublic information, the speaker highlights the potential compliance implications and expresses interest in exploring a related hypothetical scenario. Resources Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award winning podcast, Compliance into the Weeds was most recently honored as one of a Top 25 Regulatory Compliance Podcast and a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, Communicator and w3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    25 min
  • AI-Driven SOC Audits and the Growing Trust Gap

    AI-Driven SOC Audits and the Growing Trust Gap
    Apr 1 2026
    The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss concerns that AI-driven automation may be weakening SOC 1 and SOC 2 audits used to assure vendor financial reporting controls and cybersecurity/privacy controls. They focus on allegations by an anonymous whistleblower (“Deep Delver”) that tech startup Delve fabricates audit documentation with AI and relies on audit firms to rubber-stamp reports, claims Delve denies, potentially undermining trust in hundreds of SOC reports. Beyond Delve, they warn that startups are “fracturing” the traditional SOC audit model, driving timelines and costs from months and tens of thousands of dollars to days and a few thousand, encouraging check-the-box, low-quality audits, sometimes via little-known overseas firms. They note regulators are unlikely to intervene, leaving companies to reassess due diligence and the real assurance value of SOC reports. Key Highlights · Delve Whistleblower Claims · Red Flags in Audit Firms · How SOC Audits Work · Check the Box Trap · Regulatory Blind Spots · What Companies Should Do Resources Delve accused of misleading customers with ‘fake compliance’ in YaHoo!Finance Delve response Promises of ‘fast and easy’ threaten SOC credibility in Journal of Accountancy Tom Instagram Facebook YouTube Twitter LinkedIn A multi-award winning podcast, Compliance into the Weeds was most recently honored as one of a Top 25 Regulatory Compliance Podcast and a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, Communicator and w3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    23 min
  • Balt and TradeStation: Lessons for the Compliance Professional

    Balt and TradeStation: Lessons for the Compliance Professional
    Mar 25 2026
    The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly look at the Declination awarded to Balt SAS and the OFAC enforcement action involving TradeStation. First, they review a Corporate Enforcement Policy declination for French medical-equipment company BAL SAS and the company’s U.S. subsidiary after self-disclosing, cooperating and remediating misconduct involving a U.S. subsidiary executive and a Belgian consultant allegedly funneling about $600,000 in bribes to a French public hospital official using sham consulting agreements, invoices, and poor documentation; BAL disgorged about $1.21 million in profit on roughly $1.68 million in revenue and disclosed while its internal investigation was still ongoing, raising timing and high-margin red-flag issues. Second, they cover OFAC’s $1.1 million settlement with TradeStation for accidentally disabling sanctions-screening controls for nearly a year, enabling hundreds of transactions from Iran, Syria, and Crimea; despite having layered tools on paper, IT changes and lapsed subscriptions undermined those controls, underscoring the need for ongoing monitoring, testing, and auditing. Key highlights: Balt FCPA Case Disclosure Timing Profit Margin Red Flags Controls and France Angle TradeStation Overview How Screening Failed Monitoring and Accountability Costs and OFAC Lessons Resources: Matt in ⁠Radical Compliance⁠ Tom in the ⁠FCPA Compliance Report⁠ Tom ⁠Instagram⁠ ⁠Facebook⁠ ⁠YouTube⁠ ⁠Twitter⁠ ⁠LinkedIn⁠ A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, a Communicator Award, and a W3 Award, all for podcast excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    27 min