Better Intelligence Podcast

The terrible events in Ukraine over the past three weeks have led to what today’s guest has called “the most significant implementation of sanctions that has ever occurred.”  These sanctions are fast moving, multilateral, and create a complex web of individual overlapping regimes which cut deep into the Russian economy.  Andrew Jacobson from Seward & Kissel, helps us frame the events, the context, and how in-house legal, compliance and operations can begin to assess the potential impact of these new regulations.  In this episode, Michael provides a background on Russian sanctions from 2014 to date before the discussion moves on to the mechanisms of these new regulations. They also discuss the potential this may have on separate sanctions on oil producing Iran and Venezuela as energy prices continue to rise as part of this dynamic series of events, and provide advice on how to frame the approach to assessing exposure.

PSA’s Daniel Skeens discusses pre-IPO, pre-M&A and other pre-transaction diligence and answers our questions about best practices in identifying off-balance sheet risks. Daniel describes the value of adopting an investigative approach to due diligence to build a coherent and comprehensive picture of a counterparty prior to finalizing a significant transaction.

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

The Foreign Corrupt Practices Act (FCPA) continues to be a key regulatory priority of US enforcement agencies and a central compliance concern for businesses around the world. In this episode of the Better Intelligence Podcast, PSA's Michael Olver speaks with veteran FCPA litigator Charles Duross, who spent seven years at the DOJ's FCPA unit before entering private practice to counsel clients on FCPA matters. Charles shares insights into how the DOJ and SEC pursue investigations, discusses the management of internal and government-facing investigations, and highlights key risk areas in dealing with third parties.

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

The Better Intelligence Podcast welcomes Katayune Ehsani for a discussion about day-to-day challenges in corporate investigations and compliance. Katayune shares insights earned from her experiences with corporate investigations as an attorney and investigator working on fraud, corruption, and conflict of interest cases in Middle East, Russia/CIS, Turkey, and Africa.

#compliance

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

A growing number of stakeholders are using ESG to assess risks related to sustainability, human rights, and governance issues associated with business partners. Sarah Carpenter of Assent Compliance talks with PSA about how ESG can be leveraged by risk management programs to achieve a comprehensive view of sometimes hidden risks, particularly in the human rights domain.  

#duediligence #hrdd #humanrights #supplychainduediligence #ESG

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

Asset recovery in international fraud cases can present considerable challenges and risks. After building a case and pursuing recoveries across diverse jurisdictions, victims may still recover only pennies on the dollar. In this episode, Martin Kenney of Martin Kenney & Co. shares his unparalleled insights into creating layered strategies and managing multidisciplinary efforts to improve outcomes in cross-border fraud recovery investigations. Martin talks with PSA’s Michael Olver about pursuing non-traditional asset recovery strategies—expanding investigations to identify potentially liable institutional actors in jurisdictions where substantial recovery is more feasible. Along the way he discusses strategic decisionmaking, risk management, and navigating the sometimes conflicting imperatives presented by civil versus common law jurisdictions.

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

SAMLA, the Sanctions and Anti-Money Laundering Act of 2018, represents the United Kingdom’s establishment of an independent sanctions policy in preparation for Brexit at the end of 2020. The legislation’s sanctions provisions are now in force and the UK Foreign Office has already designated several sanctioned parties. While these initially sanctioned parties have been carefully limited to those who have participated in unambiguous and high-level violations of human rights, the new regime shows the potential to become more expansive both in terms of the scope of targeted persons and the possible secondary effects for businesses around the world. PSA’s Michael Olver spoke with Adam Wolstenholme of Simmons and Simmons about the impact of these sanctions on the global compliance environment. Adam provides insights into how SAMLA may fit into Whitehall’s newly independent approach to regulating UK-connected transactions and highlights some potentially unanticipated risks for businesses arising from the new regime.

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com

The United States’ Caesar Syria Civilian Protection Act came into force in June, expanding the existing sanctions regime against the Assad regime. The legislation highlights oil and gas and construction sectors as potential targets and opens the door to expanded sanctions on third country nationals engaging with Damascus. PSA CEO Michael Olver spoke with Andrew Jacobson of Seward & Kissel LLP to learn more about the implications of this act and how it fits into existing sanctions enforcement practices. Andrew and Michael discuss the growing reach of sanctions enforcement indicated by the act as well as appropriate due diligence responses to mitigate the risks of inadvertent violations. All along Andrew provides valuable insights into US sanctions enforcement and the sometimes unexpected risks sanctioned entities present to businesses worldwide.

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To learn more about Pacific Strategies & Assessment's investigative and due diligence capabilities go to www.psagroup.com