Episodios

  • Judicial Discretion, Sentencing Advocacy, and a Proactive Compliance Model: Joseph De Gregorio -Part 2

    Judicial Discretion, Sentencing Advocacy, and a Proactive Compliance Model: Joseph De Gregorio -Part 2
    Apr 13 2026
    In this episode, Tom Fox welcomes former Wall Street trader Joseph De Gregorio, who was federally convicted and now applies a “compliance rebuild” methodology to demonstrate genuine remediation under legal scrutiny. This is Part 2 of a two part podcast series. In this Part 2, we cover how federal judges exercise broad discretion despite sentencing guidelines and often form views before court based on the pre-sentence report and sentencing memorandum, with probation officers’ impressions shaped by a detailed defendant letter and authentic allocution; judges emphasize post-offense conduct and may discount lawyer advocacy. Joseph then summarizes patterns from 400+ white-collar cases, arguing structural failures precede cultural and operational failures, and introducing the “access to scrutiny ratio” as the most predictive risk indicator. He lists five warning signals: unscrutinized top performers, known but unmapped monitoring gaps, unmanaged performance pressure, quietly resolved senior incidents, and compensation rewarding results without method (noting DOJ’s September 2024 ECCP update). He outlines a proactive Compliance Rebuild approach using human failure audits, reverse access audits, directional speak-up analysis, and DOJ-aligned prosecution simulations. Key Highlights · Pre Sentence Reports Matter · Patterns Across 400 Cases · Five Compliance Warning Signals · Prosecution Simulation Stress Test · DOJ Evaluation Questions and Red Flags ResourcesJoseph De Gregorio - Founder, JN Advisor™ Maximum Sentence Reduction - Minimum Time Served 📋 Initial Consultation: https://forms.gle/2fLczk7bbwM7KSaP6 Bloomberg Law Contributor: "How to Get a Judge to Reduce Your Client's White-Collar Sentence" - Bloomberg Law Bloomberg Tax Contributor: Tax Fraud Sentencing Has a Gap Defense Attorneys Are Missing Featured Expert: American Bar Association Featured Sentencing Mitigation Expert: Law360 Featured Expert on Us Weekly with 5x Emmy Award Winning Journalist Kristin Thorne for her "Uncovered" Series Click Link For Full Video https://www.usmagazine.com/crime-news/news/federal-sentencing-strategist-reveals-why-some-real-housewives-stars-commit-fraud/ Tom Fox Instagram Facebook YouTube Twitter LinkedIn Interested in the intersection of Sherlock Holmes and modern compliance? Check out my latest book The Game is Afoot in Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices
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    26 m
  • From DOJ’s 7 Compliance Pillars to Sentencing Mitigation: Joseph De Gregorio’s Compliance Rebuild Framework - Part 1

    From DOJ’s 7 Compliance Pillars to Sentencing Mitigation: Joseph De Gregorio’s Compliance Rebuild Framework - Part 1
    Apr 6 2026
    In this episode, Tom Fox welcomes former Wall Street trader Joseph De Gregorio, who was federally convicted and now applies a “compliance rebuild” methodology to demonstrate genuine remediation under legal scrutiny. This is Part 1 of a two-part podcast series. Using the Matthew Bowyer illegal sports betting case, Joseph explains the federal pre-sentence interview and pre-sentence report (PSR) process, emphasizing that the probation officer’s credibility assessment and PSR narrative heavily influence sentencing and downstream treatment across the federal system. He describes submitting a 3,500-word personal narrative before the PSR interview, which was attached in full and cited by the judge as mitigation, resulting in a one-year-and-a-day sentence rather than the government’s four-year request. Joseph maps DOJ’s seven corporate compliance program dimensions to individuals via a personal compliance manual, independent accountability structure, credentialed education, verifiable monitoring, documented transparency, voluntary discipline actions, and a post-sentencing continuous improvement plan centered on victims-first accountability. Key highlights: Joseph’s Wall Street Past The Boyer Betting Case What is a PSR, and why does it drive sentencing Preparing for the Interview From Corporations to Individuals Seven Pillars Framework Resources: Joseph De Gregorio – Founder, JN Advisor™ Maximum Sentence Reduction – Minimum Time Served Initial Consultation: https://forms.gle/2fLczk7bbwM7KSaP6 Bloomberg Law Contributor: “How to Get a Judge to Reduce Your Client’s White-Collar Sentence” – Bloomberg Law Bloomberg Tax Contributor: Tax Fraud Sentencing Has a Gap Defense Attorneys Are Missing Featured Expert: American Bar Association Featured Sentencing Mitigation Expert: Law360 Featured Expert on Us Weekly with 5x Emmy Award Winning Journalist Kristin Thorne for her “Uncovered” Series Click Link For Full Video https://www.usmagazine.com/crime-news/news/federal-sentencing-strategist-reveals-why-some-real-housewives-stars-commit-fraud/ Tom Fox Instagram Facebook YouTube Twitter LinkedIn Interested in the intersection of Sherlock Holmes and modern compliance? Check out my latest book, The Game is Afoot in Compliance. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    20 m
  • Buying Blind: AI Procurement Risks Ethics with Jessica Tilipman

    Buying Blind: AI Procurement Risks Ethics with Jessica Tilipman
    Mar 30 2026
    In this episode, Tom Fox welcomes Jessica Tilipman, Associate Dean for Government Procurement Law Studies; Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy. We take a deep dive into federal procurement and compliance. We begin about Tilipman’s recent article “Buying Blind: Corruption Risk and the Erosion of Oversight in Federal AI Procurement.” Tillman explains how her initial focus on AI as a tool to reduce procurement risk shifted after finding instances of AI exploitation and U.S. regulatory changes, raising concerns that contracting practices (commercial terms, limited audit rights, reduced testing and documentation) worsen AI’s inherent opacity. She contrasts government contracting’s “superpower” rights with transparency and competition mandates tied to taxpayer funds and discusses procurement tradeoffs between speed and oversight. Tillman distinguishes fraud from waste and abuse, warning against conflating categories. She analyzes GSA’s proposed AI clause as overdue but overly broad and potentially unworkable, and stresses explainability, human oversight, and due process for consequential AI use. The conversation highlights procurement as a major corruption and compliance risk area and the need to invest in people and integrated teams. Key Highlights · Government vs Private Contracting · Procurement Blind Spots · AI Procurement Black Box · Fraud Waste and Abuse · GSA AI Clause Debate · Training Future Leaders Resources Erica Salmon Byrne on LinkedIn Jessica Tilipman at GW Law Jessica Tilipman website Buying Blind: Corruption Risk and the Erosion of Oversight in Federal AI Procurement Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    32 m
  • World’s Most Ethical Companies 2026: the 8.2% Ethics Premium

    World’s Most Ethical Companies 2026: the 8.2% Ethics Premium
    Mar 23 2026
    In this episode, Tom Fox welcomes back Erica Salmon Byrne to talk about Ethisphere’s 20th edition of the World’s Most Ethical Companies. Erica began by noting that there are 19 first-time honorees across 40 industries and 17 countries in the 2026 World’s Most Ethical Companies awards. They discuss the rigorous 250+ question Ethics Quotient and documentation review. They discuss the Ethics Premium using a five-year lookback (Jan 1, 2021–Dec 31, 2025), which showed 8.2% statistically significant outperformance versus a benchmark, based on index-firm analysis with capped company weighting. Beyond outperformance, the data showed a resiliency pattern during volatility: lower drawdowns, less time at the bottom, and faster recovery, which is correlated with practices that protect intangible assets. They highlight common honoree program elements, including transparency on investigations and discipline, more interactive “espresso shot” training, and manager toolkits and expectations to drive culture. They preview the 17th Global Ethics Summit in Atlanta and the WME gala. Key highlights: How the WME Process Works Record 8.2% Outperformance Resilience and Drawdowns Compliance Protects Value Trust Through Transparency Global Ethics Summit Preview Resources: Erica Salmon Byrne on LinkedIn Inside the Ethics Premium Solactive GBS Global Markets All Cap USD Index Ethisphere Tom Fox Instagram Facebook YouTube Twitter LinkedIn The Ethics Premium on the FCPA Compliance and Ethics blog. For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    28 m
  • SDNY's New Policy on Declinations

    SDNY's New Policy on Declinations
    Mar 16 2026
    In this episode, Tom Fox welcomes back Hughes Hubbard partner Mike DeBernardis to discuss the Southern District of New York’s new corporate enforcement voluntary self-disclosure program for financial crimes and why SDNY leadership, including Jay Clayton, likely issued it: to encourage self-disclosure that saves enforcement resources and supports DOJ’s focus on individual accountability. They compare the policy to the (former) DOJ’s Corporate Enforcement Policy, highlighting notable distinctions such as SDNY’s narrower scope (financial/market integrity offenses) and a revised approach to aggravating factors that excludes common CEP considerations like seriousness, pervasiveness, and senior management involvement, while carving out categories including foreign bribery and sanctions evasion, potentially reducing forum shopping. They also examine a “conditional declination” within two to three weeks, its implications for investigation speed and timeliness, and added pressure from whistleblower programs and compressed internal triage timelines. Key highlights: Why SDNY Issued It SDNY Significance Aggravating Factors Shift Does It Move Needle Conditional Declination Speed Whistleblowers and Pressure Resources: Hughes Hubbard and Reed Mike DeBernardis on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    25 m
  • Highlights from SCCE Europe with Gerry Zack

    Highlights from SCCE Europe with Gerry Zack
    Mar 9 2026
    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This is our 800th edition. In this episode, Tom Fox welcomes back Gerry Zack, who recently attended the SCCE Europe conference in Berlin. They begin by noting the differences from the U.S. national conference, including a stronger European focus on behavioral ethics, culture, and community networking. Zack highlights extensive conference attention to AI, including the shift toward agentic AI, practical compliance uses such as identifying policy gaps, enhancing third-party due diligence, and automating anomaly follow-up, while cautioning about investigative risks if AI-generated interview strategies are scrutinized in court. They discuss AI-driven fraud threats (deepfakes, fake invoices, and improved phishing) and the growing concerns about shadow AI and the improper use of confidential information. Zack also describes a company’s experience pursuing ISO 37301 and 37001 certifications and notes ongoing work and limited U.S. awareness around the UK Failure to Prevent Fraud Act. He was surprised by the profession’s continued lack of sophistication in risk assessments. Key highlights: US vs Europe Conference AI Keynote and Practical Takeaways ISO Compliance Certification UK Failure to Prevent Fraud Surprises Risk Assessment Gap Resources: Gerry Zack on LinkedIn RiskTrek Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    32 m
  • Venezuela Re-Entry: A Strategy of Watchful Waiting

    Venezuela Re-Entry: A Strategy of Watchful Waiting
    Mar 2 2026
    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Morgan Lewis partners Carl Valenstein (international corporate law, Latin America) and Katelyn Hilferty (international trade, export controls and sanctions) on whether businesses should consider returning to Venezuela after Maduro’s arrest and President Trump’s announcement. Ed. Note: this podcast was recorded in February, and since then, OFAC has issued New and amended Venezuelan-related General Licenses. The situation remains fluid. Valenstein leads off by noting that he is counselling businesses to engage in “watchful waiting” due to continued instability, corruption, weakened institutions, security risks, uncertainty about elections, and a lack of clear U.S. incentives, such as political risk insurance. Hilferty explains that sanctions relief is narrow: two limited OFAC general licenses focused on Venezuelan-origin oil and U.S.-origin diluents, while most sanctions and broad export control restrictions remain in effect, with licenses revocable. They discuss payment and transparency concerns, large outstanding debts, and major capital and operational challenges to restore oil production. They advise companies to review licenses, establish compliance guardrails, screen counterparties, and draft contract and payment terms before pursuing opportunities. Key highlights: What Changed in Venezuela Watchful Waiting Reality Check License Reversals and Uncertainty Compliance Starting Point Checklist Cartels and Terror Designations Beyond Oil and Gas Opportunities Resources: Morgan Lewis Carl Valenstein Katelyn Hilferty Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    26 m
  • Navigating Compliance in 2026: Trends and Transformations

    Navigating Compliance in 2026: Trends and Transformations
    Feb 16 2026
    Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, we replay a recent webinar Tom Fox participated in, hosted by EQS. The panel moderator was Steph Holmes, and the panelists were Tom Fox, Mary Shirley, and Matt Kelly. The session focuses on six key 2026 trends for ethics and compliance programs: (1) AI moving from experimentation to operational use, emphasizing deliberate scaling, human-in-the-loop oversight, governance frameworks, monitoring, and managing “shadow AI,” with practical use cases such as policy chatbots, gift/travel/entertainment reviews, and AI-enabled third-party risk lifecycle management; (2) enforcement “volatility” and unpredictable regulatory signals, with emphasis on returning to fundamentals such as documenting program inputs and outcomes, and noting continued activity, including record FCA resolutions and a DOJ whistleblower program award leading to a rapid antitrust settlement; (3) shifting employer–employee dynamics, including Gartner survey findings that 40% of employees would intentionally miss a compliance requirement to harm their organization, discussion of trust, employee sentiment, multi-generational communication differences, and the need to partner with HR while staying within organizational lanes; (4) heightened third-party and supply chain risk expectations, including cybersecurity, tariffs/tariff evasion, export controls, and the need to unify siloed risk views into a holistic third-party risk assessment; (5) anticipated increases in whistleblowing and investigation demands amid volatility, highlighting the importance of preventing retaliation, keeping reporters feeling heard through responsive communications, triage protocols, and anonymized case examples to build trust; and (6) measuring program effectiveness through a shift from outputs to outcomes, including reviewing KPIs and key risk indicators, peer review of investigations, hotline “mystery shopping,” and gap analyses against the DOJ’s ECCP and compliance program hallmarks, with special emphasis on third-party documentation and ongoing monitoring. Resources: Mary Shirley on LinkedIn Steph Holmes on LinkedIn Matt Kelly at Radical Compliance EQS Tom Fox Instagram Facebook YouTube Twitter LinkedIn Returning to Venezuela on Amazon.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h