Tom Fox and Michael DeBernardis talk about ABB’s 2022 bribery case in South Africa, how self-disclosure benefits any situation, the DOJ’s approach to cracking down on recidivists, choosing the right people for your team, and being wary of waivers.

The ABB Settlement with Tom Fox and Michael DeBernardis

Key points discussed in the episode:

1. Tom See more +

Tom Fox and Michael DeBernardis talk about ABB’s 2022 bribery case in South Africa, how self-disclosure benefits any situation, the DOJ’s approach to cracking down on recidivists, choosing the right people for your team, and being wary of waivers.

The ABB Settlement with Tom Fox and Michael DeBernardis

Key points discussed in the episode:

1. Tom lays out the facts of the ABB settlement. Michael points out the DOJ’s plans for penalizing recidivists and ABB’s biggest compliance misstep.

2. Tom emphasizes the importance of compliance oversight, being vigilant of billing in high-risk jurisdictions, and the benefit of ABB’s “almost” self-disclosure.

3. Michael discusses the impact of trust and incentivizing other recidivists to come forward and the risks of going off of real-time information.

4. Tom mentions how having someone with experience concluding resolutions in the DOJ can make a difference. Even with a fairly low penalty, ABB is still required to report on its compliance program.

5. Michael prefers having an independent monitor in place. However, he highlights ABB’s trust in their team to do a thorough job of reporting.

6. Michael credits ABB’s swift actions and extensive remediation, describing the DOJ’s outcome as “threading the needle.” Thomas believes the case is still a win for compliance. Michael drives home how doubling down on compliance pays off.

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