Podcasts by 31 Days to a More Effective Compliance Program

31 Days to a More Effective Compliance Program

Tom Fox is the Compliance Evangelist and is universally recognized as one of the top experts in corruption compliance, literally across the globe. In this daily podcast series, he explains how to design, create and implement a best practices compliance program. Each month, he tackles a different area of compliance. From Internal Controls, to the Role of the Board of Directors, to Communication, to the Role of HR in Compliance, Investigations, 3rd Parties and Business Ventures. Listen in each day and get one tip you can implement at little or no cost to enhance your compliance program.

Further podcasts by Thomas Fox

Podcast on the topic Management

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31 Days to a More Effective Compliance Program
One Month to More Effective Reporting and Investigations – The Witness Interview from 2023-07-21T04:00

What are the characteristics of a good interview in the context of an internal investigation? Is there one technique you can use which will provide you the results you want to achieve? How should y...

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31 Days to a More Effective Compliance Program
One Month to More Effective Reporting and Investigations - The Investigative Team from 2023-07-19T04:00

Since 2015, DOJ has put even more pressure on every CCO, compliance practitioner, and indeed company, to get an investigation done quickly, efficiently, and, most importantly, right. This is even m...

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31 Days to a More Effective Compliance Program
One Month to Better Reporting and Investigations - Selection of Investigative Counsel from 2023-07-18T04:00

Dan Dunne, in a Compliance and Ethics Professional article, entitled “Foxes and henhouses: The importance of independent counsel”, discussed what he termed a “critical element” in any investigation...

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31 Days to a More Effective Compliance Program
One Month to Better Reporting and Investigations - Preparing for the Investigation from 2023-07-17T04:00

Under Part 1, Section D. Confidential Reporting Structure and Investigation Process stated in part, Properly Scoped Investigation by Qualified Personnel –What steps does the company take to ensure ...

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31 Days to a More Effective Compliance Program
Taming Complexity in Compliance from 2021-01-31T22:10:42.023393

One of the lessons we have learned from various Foreign Corrupt Practices Act (FCPA) enforcement actions over the years is how complexity in business organizations can work to defeat compliance pro...

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31 Days to a More Effective Compliance Program
Originating and Managing a Compliance Ecosystem from 2021-01-31T22:10:42.023393

Have you ever thought of compliance as an ecosystem? When you consider the concept, it becomes clear that this is one thing every company should strive towards. Obviously, every multi-national comp...

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31 Days to a More Effective Compliance Program
Why Business Ventures are Different than 3rd Parties from 2021-01-31T22:10:42.023393

Business ventures, whether JVs, partnerships, franchises, team agreements, strategic alliances or one of the myriad types of business relationships a U.S. company can form outside the U.S., are dif...

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31 Days to a More Effective Compliance Program
Distributor Liability Under the FCPA from 2021-01-31T22:10:42.023393

Three enforcement actions which made clear that there were no distinctions between agents and distributors. They were the Smith & Nephew, Inc., Oracle and Eli Lilly and Company. Each of these enfor...

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31 Days to a More Effective Compliance Program
Following the Money Through Distributors from 2021-01-31T22:10:42.023393

Polycom came to FCPA grief in China, as have many other US companies. The bribery scheme was long running, occurring from 2006-2014. They included the creation of an off-the books accounting and re...

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31 Days to a More Effective Compliance Program
Franchisor Compliance from 2021-01-31T22:10:42.023393

Most franchisors have thorough financial vetting requirements before allowing any person or business to become a franchisee. However, how many of these same businesses perform compliance due dilige...

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31 Days to a More Effective Compliance Program
Franchisor liability from 2021-01-31T22:10:42.023393

There remains a question about franchisor liability under the FCPA. Franchising has been a successful model in the U.S. and now many corporations are looking at overseas expansion opportunities. Fr...

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31 Days to a More Effective Compliance Program
Distributors as business venture partners from 2021-01-31T22:10:42.023393

Many compliance practitioners generally view distributors as a part of their third-party risk management program, with most of their attention on the pre-contract phase of the risk management proce...

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31 Days to a More Effective Compliance Program
Financial review of your business venture partner from 2021-01-31T22:10:42.023393

One area not usually considered around your business ventures is the financial health of JV partner, teaming partner, strategic partner or any other type of business partner or relationship which m...

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31 Days to a More Effective Compliance Program
The Corp Controller and Business Ventures from 2021-01-31T22:10:42.023393

One area not often considered by the CCO as a key part of any compliance regime is the Corporate Controller. The Controller generally has the responsibility to accurately record and report the fina...

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31 Days to a More Effective Compliance Program
Know Your Customer from 2021-01-31T22:10:42.023393

Do FCPA considerations come into play for customers? How should you think about your obligations under the FCPA for a group not traditionally associated with FCPA liability or even FCPA risk? These...

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31 Days to a More Effective Compliance Program
Tying it all together for JVs from 2021-01-31T22:10:42.023393

I want to emphasize again the risks JVs pose under the FCPA. Mike Volkov has stated, “A joint venture requires the integration of disparate company cultures. It can be successful and is usually one...

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31 Days to a More Effective Compliance Program
Post-acquisition integration plan from 2021-01-31T22:10:42.023393

Your company has just made its largest acquisition ever and your CEO says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of co...

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31 Days to a More Effective Compliance Program
Pre-acquisition due diligence from 2021-01-31T22:10:42.023393

The compliance component of your M&A regime should begin with a preliminary pre-acquisition assessment of risk. Such an early assessment will inform the transaction research and evaluation phases. ...

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31 Days to a More Effective Compliance Program
Pre-acquisition risk assessment from 2021-01-31T22:10:42.023393

One of the clearest themes from the original, 2012 FCPA Resource Guide was around the importance of your pre-acquisition work in any M&A on a target company. In the section on Declinations, the 201...

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31 Days to a More Effective Compliance Program
Consistency as a Compliance Best Practice from 2021-01-31T22:10:42.023393

The 2020 Update emphasized the need for the corporate compliance function to ensure both consistency and fairness not only in monitoring investigations but also in monitoring the resulting discipli...

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31 Days to a More Effective Compliance Program
Draft Episode for Oct 13, 2020 from 2021-01-31T22:10:42.023393

Why should a company engage in pre-acquisition due diligence in the M&A context? Certainly, compliance with anti-corruption laws such as the FCPA or U.K. Bribery Act is a good starting point. A Tra...

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31 Days to a More Effective Compliance Program
Compliance at the Table from 2021-01-31T22:10:42.023393

Going into the 2020s and beyond, a corporate compliance function needs to be an integral part of your corporate business strategy going forward. One of the key reasons is the ever-important debate ...

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31 Days to a More Effective Compliance Program
Safe Harbor for Successor Liability from 2021-01-31T22:10:42.023393

White collar defense practitioners have long called for a specific safe harbor for companies in the mergers and acquisition context where they meet the criteria set out by the DOJ. This clarion cal...

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31 Days to a More Effective Compliance Program
Auditing Joint Ventures from 2021-01-31T22:10:42.023393

JVs provide many FCPA risks that other types of business relationships do not bring. For instance, the JV may interact with foreign government officials or employees of a state-owned enterprise; th...

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31 Days to a More Effective Compliance Program
Compliance terms and conditions in JV agreements from 2021-01-31T22:10:42.023393

Numerous U.S. companies have come to FCPA grief for their overseas JVs and this continues to be a bane for many companies under the FCPA. There are some basic compliance terms and conditions which ...

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31 Days to a More Effective Compliance Program
JV Due Diligence from 2021-01-31T22:10:42.023393

When you bring two entities together to operate jointly, there are several difficult issues to analyze. For the U.S. company operating under the FCPA, there must be an adequate business justificati...

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31 Days to a More Effective Compliance Program
JV risks under the FCPA from 2021-01-31T22:10:42.023393

Just as the FCPA enforcement field is covered with actions centering around M&A, there are multiple actions involving JVs. JVs continue to plague many U.S. companies up to this day. In many ways, J...

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31 Days to a More Effective Compliance Program
Opinion Release 14-02: Dis-linking illegal conduct from 2021-01-31T22:10:42.023393

One of my favorite words in the context of FCPA enforcement is dis-link. It a useful adjective in explaining how certain conduct by a company must be separated from the winning of business and more...

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31 Days to a More Effective Compliance Program
Key M&A cases under the FCPA from 2021-01-31T22:10:42.023393

What are some of the key FCPA enforcement actions involving M&A? These enforcement actions, FCPA Resource Guide and the Evaluation of Corporate Compliance Program (and Update) have all made clear t...

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31 Days to a More Effective Compliance Program
Introduction to Business Ventures from 2021-01-31T22:10:42.023393

We next consider how to create a more effective compliance program involving business ventures. This will include the role of compliance in M&A, JV agreements, distributorships, teaming agreements ...

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31 Days to a More Effective Compliance Program
Culture as a Foundational Internal Control from 2021-01-31T22:10:42.023393

To conclude this month's series on Internal Controls, I am joined by Vin DiCianni, Founder and CEO of AMI. We discuss how corporate culture is a foundational internal control. It is a fascinating t...

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31 Days to a More Effective Compliance Program
Gap Analysis from 2021-01-31T22:10:42.023393

A gap analysis is a method of assessing the differences in performance between a business’ internal controls to determine whether business requirements are being met and, if not, what steps should ...

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31 Days to a More Effective Compliance Program
Assessing compliance internal controls under COSO from 2021-01-31T22:10:42.023393

Next, consider what COSO says about assessing compliance internal controls. In its Illustrative Guide, COSO laid out its views on “how to assess the effectiveness of its internal controls.” It went...

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31 Days to a More Effective Compliance Program
COSO Objective V: Monitoring Activities from 2021-01-31T22:10:42.023393

The fifth and final Objective is Monitoring Activities and as with all other components of the COSO Cube, Monitoring Activities are part of an inter-related whole and cannot be taken singularly. Fo...

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31 Days to a More Effective Compliance Program
COSO Objective IV: Information and Communication from 2021-01-31T22:10:42.023393

As with the other components of the COSO Cube, the objective of Information and Communication is not to be taken in a vacuum. Indeed, one of the more interesting aspects of this objective is that i...

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31 Days to a More Effective Compliance Program
COSO Objective III: Control Activities from 2021-01-31T22:10:42.023393

In its Framework Volume, COSO Control Activities “are the actions established through policies and procedures that help ensure that management’s directives to mitigate risks to the achievement of o...

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31 Days to a More Effective Compliance Program
COSO Objective II: Risk Assessments from 2021-01-31T22:10:42.023393

Objective II is designed to provide a company with a dynamic and iterative process for identifying and assessing risks. For the compliance practitioner, none of this will sound new or even insightf...

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31 Days to a More Effective Compliance Program
COSO Objective I: Control Environment from 2021-01-31T22:10:42.023393

The first of the five objectives is control environment and it sets the tone for the implementation and operation of all other components of internal control. It begins with the ethical commitment ...

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31 Days to a More Effective Compliance Program
What is the COSO 2013 Internal Controls Framework? from 2021-01-31T22:10:42.023393

COSO was adopted in 1992 as a framework for basis to design and then test the effectiveness of internal controls. In 2010, it was deemed necessary to update this more than 20-year old COSO Framewor...

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31 Days to a More Effective Compliance Program
Code of Conduct as an internal control from 2021-01-31T22:10:42.023393

In 2016, one of the most interesting non-international focused FCPA enforcement actions was announced by the SEC. It involved a clear quid pro quo benefit paid out by United Airlines, Inc. to David...

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31 Days to a More Effective Compliance Program
Board of Directors’ oversight as an internal control from 2021-01-31T22:10:42.023393

Is a Board of Directors a compliance internal control? The clear answer is yes. In the 2020 FCPA Resource Guide, Hallmarks of an Effective Compliance Program, there are two specific references to t...

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31 Days to a More Effective Compliance Program
Internal controls for gifts, travel and entertainment from 2021-01-31T22:10:42.023393

It is reasonable to expect that internal controls over gifts, travel and entertainment be designed to ensure that they satisfy the criteria as defined in company policies. These are narrow, includi...

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31 Days to a More Effective Compliance Program
Internal controls for third parties from 2021-01-31T22:10:42.023393

One of the questions GSK faced during the bribery and corruption investigation of its Chinese operations was how an allegedly massive bribery and corruption scheme occurred? Where were the appropri...

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31 Days to a More Effective Compliance Program
Implementing internal controls from 2021-01-31T22:10:42.023393

Next, I consider some ways in which a compliance professional can work to implement internal controls in a multi-national organization. The first step is to convert your company’s compliance risks ...

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31 Days to a More Effective Compliance Program
Mapping Internal Controls from 2021-01-31T22:10:42.023393

As they made clear with several FCPA enforcement actions in 2020, the SEC has continued to emphasize the accounting provisions of the FCPA, specifically the internal controls provisions. Charles Ca...

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31 Days to a More Effective Compliance Program
Risk assessments and internal controls from 2021-01-31T22:10:42.023393

Next, I will review how to use the risk assessment you have performed as a tool to provide a structured approach to establishing effective internal controls. After preparation of the risk assessmen...

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31 Days to a More Effective Compliance Program
Assessing internal controls in international operations from 2021-01-31T22:10:42.023393

How should you assess your internal controls regime for international operations? It is incumbent that you need to review as much information as you can to understand the financial and operational ...

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31 Days to a More Effective Compliance Program
Using social media to innovate in compliance from 2021-01-31T22:10:42.023393

I am a huge fan of using social media in your compliance function. But how can you get your arms around how to structure such a program for your company? After acknowledging that social media focus...

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31 Days to a More Effective Compliance Program
Internal controls in international locations from 2021-01-31T22:10:42.023393

Next, I want to consider some of the issues around internal controls outside the U.S. and why your company’s internal controls might require changes for different countries across the globe. Howeve...

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31 Days to a More Effective Compliance Program
The D&B experience in 360 Degrees of Communications from 2021-01-31T22:10:42.023393

How does one company and one CCO actively use social media to make the company’s compliance culture more effective? The company was Dun & Bradstreet, Inc. (D&B) and its then CCO, Louis Sapirman, wh...

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31 Days to a More Effective Compliance Program
The four key internal controls for compliance from 2021-01-31T22:10:42.023393

There are four significant controls that I would suggest the compliance practitioner implement initially. They are: 1) DOA; 2) maintenance of the vendor master file; 3) contracts with third parties...

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31 Days to a More Effective Compliance Program
Social media is a 360-degree conversation from 2021-01-31T22:10:42.023393

What is the message of compliance inside of a corporation and how it is distributed? In a compliance program, the largest portion of your consumers/customers are your employees. Social media presen...

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31 Days to a More Effective Compliance Program
Discipline and rigor in your internal controls from 2021-01-31T22:10:42.023393

New York Times columnist David Brooks’ thoughts on building and maintaining order inform the discussion on rigor in your internal controls. In internal controls, I believe it is incumbent to consid...

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31 Days to a More Effective Compliance Program
Introduction To December- Training and Communications from 2021-01-31T22:10:42.023393

In this month's offering of 31 Days to a More Effective Compliance Program, you will learn about training and communication techniques that the CCO can use to provide not only a well-rounded role a...

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31 Days to a More Effective Compliance Program
What are internal controls? from 2021-01-31T22:10:42.023393

What specifically are internal controls in a compliance program? Internal controls are not only the foundation of a company but are also the foundation of any effective anti-corruption compliance p...

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31 Days to a More Effective Compliance Program
Leveraging AI in Compliance Investigations from 2021-01-31T22:10:42.023393

The 2020 Update provided clear-cut criteria regarding effective compliance investigations. Sean Freidlin, host of the Compliance Book Club podcast believes that many compliance teams are failing to...

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31 Days to a More Effective Compliance Program
Twenty questions directors should ask about its Compliance Committee from 2021-01-31T22:10:42.023393

In an area of inquiry entitled Oversight, the 2020 Update asks three basic questions which we have explored throughout this chapter:  What compliance expertise has been available on the Board of D...

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31 Days to a More Effective Compliance Program
Creating an Inventory of Metrics from 2021-01-31T22:10:42.023393

The 2020 Update not only continued to emphasize the importance of monitoring and testing the effectiveness of a compliance program, but it spoke more about a Chief Compliance Officer (CCO) and comp...

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31 Days to a More Effective Compliance Program
Three areas of Board inquiry from 2021-01-31T22:10:42.023393

There are three core areas upon which directors should focus their attention regarding to help establish and maintain an effective compliance program: structure, culture, and risk management. Struc...

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31 Days to a More Effective Compliance Program
Areas of Board inquiry into compliance from 2021-01-31T22:10:42.023393

Where does “tone at the top” start? With any public and most private U.S. companies, it is at the Board of Directors. But what is the role of a company’s Board in compliance? We start with several ...

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31 Days to a More Effective Compliance Program
Incorporating compliance into long-term corporate strategy from 2021-01-31T22:10:42.023393

How can a Board work to incorporate the compliance function into a long-term business strategy of the organization? A Board can do so by engaging with the CCO and compliance function through having...

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31 Days to a More Effective Compliance Program
The Board and succession planning for a CCO from 2021-01-31T22:10:42.023393

The 2020 Update mandated a Board of Directors ensure “the sufficiency of the personnel and resources within the compliance function, in particular, whether those responsible for compliance have: (1...

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31 Days to a More Effective Compliance Program
The Board role in hiring from 2021-01-31T22:10:42.023393

What is the role of a Board of Directors in hiring senior executives, CCOs and even other board members? I explored this issue with Candice Tal, who began by noting, that bad senior executive hires...

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31 Days to a More Effective Compliance Program
 Board of Directors and doing business in China from 2021-01-31T22:10:42.023393

The Trump Administration’s trade war with China has highlighted the risks of both doing business in China and investing the Chinese companies which come to America to raise capital. Yet this has be...

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31 Days to a More Effective Compliance Program
 Board failures in compliance from 2021-01-31T22:10:42.023393

Next, consider a couple of landmark failures at the Board level around bribery and corruption. VimpelCom Ltd. In 2015 (now Veon Ltd.), the DOJ alleged that Dutch telecom VimpelCom sought to enter t...

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31 Days to a More Effective Compliance Program
Board Metrics for Compliance from 2021-01-31T22:10:42.023393

What are metrics for a Board of Directors around compliance? Former Assistant Attorney General Leslie Caldwell laid out some that the Department of Justice (DOJ) would consider in a review of compl...

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31 Days to a More Effective Compliance Program
What leads to a successful Board investigation? from 2021-01-31T22:10:42.023393

Now that you have set your Board of Directors, investigations protocol, we consider some of the key factors which will lead to the successful conclusion of a Board-led investigation. Once again, th...

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31 Days to a More Effective Compliance Program
What Is Your Board's Investigation Protocol from 2021-01-31T22:10:42.023393

Many companies have an investigation protocol in place when a potential Foreign Corruption Practices Act (FCPA) or other legal issue arises? However, many Boards of Directors do not have the same r...

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31 Days to a More Effective Compliance Program
Board Governance and Risk Oversight from 2021-01-31T22:10:42.023393

One of the ongoing questions from members of Board of Directors is how to resolve the tension between oversight and managing. I recently had the opportunity to visit with Joe Howell, the Executive ...

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31 Days to a More Effective Compliance Program
The Board as an Internal Control from 2021-01-31T22:10:42.023393

James Doty, former Commissioner of the Public Company Accounting Oversight Board (PCAOB) was once asked if the Board or its sub-committee which handles audits was a part of a company’s internal fin...

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31 Days to a More Effective Compliance Program
The Board's Role with Internal Controls from 2021-01-31T22:10:42.023393

The basic framework for internal controls is derived from the COSO Model developed by the Committee of Sponsoring Organizations of the Treadway Commission in 1992 (COSO). This model has become the ...

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31 Days to a More Effective Compliance Program
Inquiring up and down from 2021-01-31T22:10:42.023393

Where does “tone at the top” start? With any public and most private U.S. companies, it is at the Board of Directors. But what is the role of a company’s Board in compliance? First a Board should n...

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31 Days to a More Effective Compliance Program
OIG Guidance for Boards Regarding Compliance from 2021-01-31T22:10:42.023393

The OIG white paper “Practical Guidance for Health Care Governing Boards on Compliance Oversight” (OIG Guidance), provides an excellent road map for thinking about how to structure a Compliance Com...

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31 Days to a More Effective Compliance Program
Compliance expertise on the Board from 2021-01-31T22:10:42.023393

Every Board of Directors need a true compliance expert sitting at the table. Almost every Board has a former CFO, former head of Internal Audit or persons with a similar background and often times ...

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31 Days to a More Effective Compliance Program
BOD Compliance Committee from 2021-01-31T22:10:42.023393

Under the U.S. Sentencing Guidelines, the Board must exercise reasonable oversight on the effectiveness of a company’s compliance program. The DOJ Prosecution Standards posed the following queries:...

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31 Days to a More Effective Compliance Program
Prudent discharge of compliance obligations from 2021-01-31T22:10:42.023393

What are the obligations of a Board member regarding the FCPA? Are the obligations of the Compliance Committee under the FCPA at odds with a director’s “prudent discharge of duties to shareholders”...

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31 Days to a More Effective Compliance Program
Legal requirements of the Board regarding compliance from 2021-01-31T22:10:42.023393

Welcome to this month's offer of 31 Days to a More Effective Compliance Program. This month I will focus on the Board of Directors and its role in an effective compliance program. At the end of Aug...

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31 Days to a More Effective Compliance Program
Wrap up of 3rd Party Management and Preview of Boards of Directors from 2021-01-31T22:10:42.023393

In this final episode for the month of July on 31 Days to a More Effective Compliance Program, I review the past month's offerings and preview the month of August where I take up the topic of Board...

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31 Days to a More Effective Compliance Program
Use of Data to Manage Third-Parties from 2021-01-31T22:10:42.023393

In today's edition of 31 Days to a More Effective Compliance Program, I am joined by Vin DiCianni, founder of Affiliated Monitors. Vin provides insights into how the use of data can facilitate the ...

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31 Days to a More Effective Compliance Program
Risk ranking in the Supply Chain from 2021-01-31T22:10:42.023393

One of the areas many companies do not focus on enough is possible corruption in their supply chain for goods and services provided on a company’s behalf. The FCPA risks can be just as great throug...

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31 Days to a More Effective Compliance Program
Freight forwarders from 2021-01-31T22:10:42.023393

The FCPA world is littered with cases involving freight forwarders, brokers and agents in the shipping and express delivery arena. Both the DOJ and SEC have aggressively pursued third-party busines...

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31 Days to a More Effective Compliance Program
What is your distributor compensation protocol? from 2021-01-31T22:10:42.023393

One of the issues in any compliance program is the compensation paid to a third-party as FCPA exposure arises when companies pay money, either directly or indirectly, to fund bribe payments. Anothe...

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31 Days to a More Effective Compliance Program
Terminating a third-party from 2021-01-31T22:10:42.023393

At some point, you will be required to terminate a third-party and there will be multiple legal, compliance and business issues to navigate through. If you are stuck doing it in the middle of a FCP...

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31 Days to a More Effective Compliance Program
Third-Party Risk Expansion from 2021-01-31T22:10:42.023393

What is third-party risk expansion and why is it a risk in compliance? Historically, people talked about simply an entity outside of your organization as a third party. However, that definition is ...

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31 Days to a More Effective Compliance Program
Third-parties as compliance innovation partners from 2021-01-31T22:10:42.023393

It is universally recognized that third-parties are your highest FCPA risk. What if you could turn your third-party from a liability under the FCPA to an innovation partner to your compliance progr...

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31 Days to a More Effective Compliance Program
Third-party risk management ROI from 2021-01-31T22:10:42.023393

One area that has bedeviled CCOs and compliance practitioners is how to determine the ROI for your compliance program regarding third-parties. While it is still clear that third-parties are the gre...

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31 Days to a More Effective Compliance Program
Ongoing monitoring of third-parties from 2021-01-31T22:10:42.023393

One of the key themes from the 2020 Update was the use of data and data analytics in a best practices compliance program. This has specific application to third-parties. In the section entitled, Ri...

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31 Days to a More Effective Compliance Program
Auditing of third-parties from 2021-01-31T22:10:42.023393

Third-parties still present the highest risk around compliance. Indeed, in the area of third-parties the 2019 Guidance, posed the following question in a section entitled, Management of Relationshi...

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31 Days to a More Effective Compliance Program
Managing third-parties from 2021-01-31T22:10:42.023393

The building blocks of any compliance program lay the foundations for a best practices compliance program. For instance, in the lifecycle management of third-parties, most compliance practitioners ...

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31 Days to a More Effective Compliance Program
Metrics on third-party management from 2021-01-31T22:10:42.023393

In a 2015 speech before the SIFMA Compliance and Legal Society New York Regional Seminar, former Assistant Attorney General Leslie Caldwell for the first time, laid out metrics the DOJ would consid...

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31 Days to a More Effective Compliance Program
The “how” question in due diligence from 2021-01-31T22:10:42.023393

What is satisfactory due diligence under the FCPA? That question seems to be more important after the story on Unaoil S.A.M. and the subsequent release of the Panama and Paradise Papers. However, b...

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31 Days to a More Effective Compliance Program
Compliance Terms and Conditions from 2021-01-31T22:10:42.023393

The 2020 Resource Guide stated, “In addition to considering a company’s due diligence on third parties, DOJ and SEC also assess whether the company has informed third parties of the company’s compl...

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31 Days to a More Effective Compliance Program
Evaluation of due diligence and clearing red flags from 2021-01-31T22:10:42.023393

An important part of the job duties of any compliance practitioner is clearing red flags which might appear for a proposed third-party relationship during the due diligence process. It is mandatory...

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31 Days to a More Effective Compliance Program
Levels of due diligence from 2021-01-31T22:10:42.023393

Due diligence is generally recognized in three levels, each of which is appropriate for a different level of corruption risk. The key is for you to develop a mechanism to determine the appropriate ...

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31 Days to a More Effective Compliance Program
Due diligence from 2021-01-31T22:10:42.023393

Most companies fully understand the need to comply with the requirements around third-parties as they represent the greatest risks for bribery and corruption. However, most companies are not create...

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31 Days to a More Effective Compliance Program
Questionnaire from 2021-01-31T22:10:42.023393

The next step in the five-step process is the questionnaire. The term ‘questionnaire’ is mentioned several times in the 2020 FCPA Resource Guide. It is generally recognized as one of the tools that...

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The business rationale from 2021-01-31T22:10:42.023393

The 2020 Update stated, “Prosecutors should also assess whether the company knows the business rationale for needing the third party in the transaction, and the risks posed by third-party partners,...

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31 Days to a More Effective Compliance Program
Introduction to 3rd Party Risk Management from 2021-01-31T22:10:42.023393

Over the month of July, I will consider the risk management of third-parties in an operationalized compliance program. As every compliance practitioner is aware, third-parties still present the hig...

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31 Days to a More Effective Compliance Program
The parameters of privileges from 2021-01-31T22:10:42.023393

The concept of privilege in an internal investigation is critical. Two important privileges are the attorney-client privilege and the work product privilege. Unfortunately, both are often misunders...

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31 Days to a More Effective Compliance Program
Miranda and internal investigations: What rights does an employee retain? from 2021-01-31T22:10:42.023393

Must an investigator warn an employee that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime? Even if the company attorneys provided the...

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How the Yates Memo changed internal investigations from 2021-01-31T22:10:42.023393

In September 2015, Sally Yates, then Assistant Attorney General, announced the Memo that bears her name (Yates Memo), saying, “we have revised our policy guidance to require that if a company wants...

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The Board of Directors investigation protocol from 2021-01-31T22:10:42.023393

Many companies have an investigation protocol in place when a potential compliance violation or other legal issue arises. However, many Boards of Directors do not have the same rigor when it comes ...

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Some Tough Questions Around Investigations from 2021-01-31T22:10:42.023393

You may find yourself in the position that you will have to have some very frank discussions about what to expect in terms of costs and time outlays. While much of these discussions will focus on t...

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How an investigation informs remediation from 2021-01-31T22:10:42.023393

There is nothing like an internal whistleblower report about a FCPA violation, the finding of such an issue or (even worse) a subpoena from the DOJ to trigger the Board of Directors and senior mana...

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Who and When to suspend during an investigation? from 2021-01-31T22:10:42.023393

Who to suspend during any investigation is always a delicate question to answer and is never easy to answer. As the VW emission-testing scandal reverberated, it brought up some very knotty question...

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Issues in Cross Border Investigations from 2021-01-31T22:10:42.023393

In an article, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the Investigation Plan”, Mara Senn, now Director & Senior Counsel, Glo...

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The witness interview from 2021-01-31T22:10:42.023393

What are the characteristics of a good interview in the context of an internal investigation? Is there one technique you can use which will provide you the results you want to achieve? How should y...

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Investigative Challenges from 2021-01-31T22:10:42.023393

What are some of the top challenges you may well face during an investigation? Beyond the basics, a company must consider the intake process as a starting point, which Jonathan Marks noted is one o...

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The investigation team from 2021-01-31T22:10:42.023393

Beginning with the 2015 Yates Memo, 2016 FCPA Pilot Program, 2017 and 2019 Evaluations of Corporate Compliance Programs, with 2020 Update through to the FCPA Corporate Enforcement Policy; the DOJ h...

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Selection of investigative counsel from 2021-01-31T22:10:42.023393

Dan Dunne, in a Compliance and Ethics Professional article, entitled “Foxes and henhouses: The importance of independent counsel”, discussed what he termed a “critical element” in any investigation...

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Preparing for the investigation from 2021-01-31T22:10:42.023393

Under Part 1, Section D. Confidential Reporting Structure and Investigation Process, it stated in part, Properly Scoped Investigation by Qualified Personnel –What steps does the company take to ens...

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The Investigation protocol from 2021-01-31T22:10:42.023393

Under Part 1, Section D. Confidential Reporting Structure and Investigation Process, it stated in part, Properly Scoped Investigation by Qualified Personnel –What steps does the company take to ens...

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Triage of Internally Reported Allegations from 2021-01-31T22:10:42.023393

One of the things that I learned from the television series M*A*S*H was the need for triage. In the hospital setting, triage is the process of determining the priority of patients’ treatments based...

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Internal Reporting and Whistleblowers During Layoffs from 2021-01-31T22:10:42.023393

In Houston, we have experienced energy companies laying off upwards of 30% of their workforce, both in the US and abroad. Employment separations can be one of the trickiest maneuvers to manage in t...

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Answering DOJ Questions on Confidential Reporting from 2021-01-31T22:10:42.023393

What are some best practices regarding an internal reporting system? The 2012 FCPA Guidance stated, “An effective compliance program should include a mechanism for an organization’s employees and o...

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Internal Reporting System Best Practices from 2021-01-31T22:10:42.023393

What are some best practices regarding an internal reporting system? The 2012 FCPA Guidance stated, “An effective compliance program should include a mechanism for an organization’s employees and o...

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Specific benefits of a reporting system-a case study from 2021-01-31T22:10:42.023393

Is your hotline working for you? In an article, entitled “Promoting Effective Use of the Company Compliance Hotline”, José Tabuena provided an excellent example of the power of a hotline. He provid...

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Advantages of an Internal Reporting System from 2021-01-31T22:10:42.023393

While it is clear that the government expects companies to have an internal reporting system, there are benefits far beyond putting you in the government’s good graces. Companies with a more robust...

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Introduction to internal reporting and investigations from 2021-01-31T22:10:42.023393

The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into a FCPA issue for your company. As the CCO, it w...

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Polices on extortion payments from 2021-01-31T22:10:42.023393

The next area for policies is extortion payments, which not are made illegal under the FCPA. Extortion payments are made for any action which threatens or demands payment for life, liberty, or heal...

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Policies for third-parties from 2021-01-31T22:10:42.023393

As every compliance practitioner is well aware, third-parties still present the highest risk under the FCPA. The DOJ 2019 Guidance devotes an entire prong to third-party management. It begins with ...

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Policies on Facilitation Payments from 2021-01-31T22:10:42.023393

From the information provided by the DOJ in Opinion Releases and in enforcement actions, there are several different insights which may be drawn on regarding what should go into your policy on faci...

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Enforcement Actions Featuring Facilitation Payments from 2021-01-31T22:10:42.023393

One of the more confusing areas of the FCPA is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes. For that reason, many companie...

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The Problem with Facilitation Payments from 2021-01-31T22:10:42.023393

The original version of the Foreign Corrupt Practices Act (FCPA), enacted in 1977, contained an exception for payments made to non-US officials who performed duties that were “essentially ministeri...

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Policies on Political Contributions from 2021-01-31T22:10:42.023393

The FCPA states, “The FCPA’s anti-bribery provisions apply to corrupt payments made to (1) “any foreign official”; (2) “any foreign political party or official thereof”; (3) “any candidate for fore...

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Policies and Procedures on Charitable Donations from 2021-01-31T22:10:42.023393

What should your compliance policy and procedures on charitable donations look like? What should you prohibit or even caution against? The starting point is the 2012 FCPA Guidance regarding charita...

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Opinion Release guidance on charitable donations from 2021-01-31T22:10:42.023393

Opinion Releases can provide valuable information for the compliance practitioner. I agree with the statement found in the 2012 FCPA Guidance that “DOJ’s opinion procedure is a valuable mechanism f...

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Charitable donation enforcement actions from 2021-01-31T22:10:42.023393

When is a rose not a rose? When it is a charitable donation not made for philanthropic purposes and violates the FCPA. This was a feature of the Eli Lilly and Company (Lilly) FCPA enforcement actio...

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Policies on Travel from 2021-01-31T22:10:42.023393

Prior to the 2012 FCPA Guidance, the DOJ issued two 2007 Opinion Releases which offered guidance to companies considering whether, and if so how, to incur travel and lodging expenses for government...

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Policies and procedures on gifts and business entertainment from 2021-01-31T22:10:42.023393

If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follo...

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Revising your policies and procedures from 2021-01-31T22:10:42.023393

Simply having a Code of Conduct, together with compliance policies and procedures is not enough. As articulated by former Assistant Attorney General Lanny Breuer, “Your compliance program is a livi...

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31 Days to a More Effective Compliance Program
Policies and procedures from 2021-01-31T22:10:42.023393

There are numerous reasons to put some serious work into your policies and procedures. They are certainly a first line of defense when the government comes knocking. The 2012 FCPA Guidance made cle...

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Operationalization of your Code of Conduct from 2021-01-31T22:10:42.023393

How can you work to operationalize your Code of Conduct as articulated in the DOJ 2019 Guidance? The 2019 Guidance focuses not on whether a company has a paper compliance program but whether a comp...

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Training on your Code of Conduct from 2021-01-31T22:10:42.023393

What about the training on your finalized Code of Conduct? While there have been criticisms of code training, if you consider training as one source of your 360-degrees of compliance communications...

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Design of your Code of Conduct from 2021-01-31T22:10:42.023393

Next is the design of your Code of Conduct. Through attention to detail in the design process, you should be able to come out at the end with a code which will help you to more fully operationalize...

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Code of Conduct: Structure and format from 2021-01-31T22:10:42.023393

Next comes the evolution of the structure and format of a best practices Code of Conduct. Initially, my experience with this is that they were written by lawyers, largely for lawyers. This included...

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Code of Conduct from 2021-01-31T22:10:42.023393

What is the value of having a Code of Conduct? I have heard many business folks ask that question over the years. In its early days, a Code of Conduct tended to be a lawyer-written and lawyer-drive...

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Clearly articulated written standards from 2021-01-31T22:10:42.023393

The written standard requirements have long been memorialized in the U.S. Sentencing Guidelines, which contain seven basic compliance elements that can be tailored to fit the needs and financial re...

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Introduction to written standards from 2021-01-31T22:10:42.023393

The cornerstone of any best practices compliance program is written protocols. This includes a Code of Conduct, policies and procedures. These elements have long been memorialized in the US Sentenc...

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Conclusion to continuous improvement in a compliance program from 2021-01-31T22:10:42.023393

Over the course of this month, I have presented a variety of specific tools and techniques for the compliance practitioner to utilize to continuous improve their compliance regime. They include fin...

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Use of social media for continuous improvement from 2021-01-31T22:10:42.023393

Compliance does not exist in a time-warp vacuum, with compliance programs living in 1977 when the first major anti-corruption legislation, the FCPA, was passed. The law has advanced since that time...

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Email sweeps for continuous improvement from 2021-01-31T22:10:42.023393

The 2012 FCPA Guidance specified, “a good compliance program should constantly evolve. A company’s business changes over time, as do the environments in which it operates, the nature of its custome...

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Continuous Improvement Through Compliance Program Upgrades from 2021-01-31T22:10:42.023393

Continuous improvement can come in many different, shapes, sizes and packages. As with all things compliance, you are only limited by your imagination. Have you ever thought about a tech implementa...

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31 Days to a More Effective Compliance Program
Proactive monitoring for continuous improvement from 2021-01-31T22:10:42.023393

There are multiple areas in the DOJ’s 2019 Guidance which intersect with the area of continuous improvement. They include the following:  Prior Indications – Were there prior opportunities to detec...

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Measuring the effectiveness of a compliance program from 2021-01-31T22:10:42.023393

Determining effectiveness is a key part of continuous improvement. Yet how to do so still bedevils many compliance professionals. You need to consider both outcomes and outputs. Outcomes will show ...

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31 Days to a More Effective Compliance Program
Using Data For Continuous Improvement from 2021-01-31T22:10:42.023393

Vince Walden has posited that “the black box is dead”. He meant that there is no single tool to use to identify high-risk transactions, customer, employees or third parties. Yet, it is now even eas...

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31 Days to a More Effective Compliance Program
Big data and continuous improvement from 2021-01-31T22:10:42.023393

Consider again the use of big data, this time to facilitate continuous improvement. Alistair Croll, in an eBook entitled “Planning for Big Data” published by O’Reilly Radar, informs this discussion...

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31 Days to a More Effective Compliance Program
Keeping track of current events for continuous improvement from 2021-01-31T22:10:42.023393

Keeping track of current events for continuous improvements a part of the mandates found in the 2019 Guidance. The DOJ clearly expects companies to update its risk assessment, policies, procedures ...

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Monitoring for continuous improvement from 2021-01-31T22:10:42.023393

Another mechanism for continuous improvement of your compliance program is through risk-based monitoring. Under the topic of Control Testing DOJ’s 2019 Guidance posed the following questions, Has t...

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The mock audit from 2021-01-31T22:10:42.023393

A program manager in a power plant process group told me about the “mock audit” that his company performs in its power plants across the country. He explained that his industry is heavily regulated...

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The Integrity Audit from 2021-01-31T22:10:42.023393

Yet another way to consider using audit for continuous improvement is through the Integrity Audit. Mary Jo White in an article entitled “What I’ve Learned About White Collar Crime” provided insight...

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The Fraud Audit from 2021-01-31T22:10:42.023393

Consider how a fraud audit using data analytics can help to detect or prevent bribery and corruption where the primary sales force used by a company are China based employees defrauding their compa...

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31 Days to a More Effective Compliance Program
The culture audit from 2021-01-31T22:10:42.023393

What is organizational culture? Eric R. Feldman, SVP at Affiliated Monitors Inc. (AMI), has said it comprises the mission, vision and values of an organization. A similar way to consider it might b...

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Supply Chain audits from 2021-01-31T22:10:42.023393

In my last corporate position, my company was at the compliance forefront because we required compliance related audits for vendors in the supply chain. This was cutting edge in 2007-08. However, n...

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31 Days to a More Effective Compliance Program
Financial health of third-parties from 2021-01-31T22:10:42.023393

Continuous improvement can take many ways, shapes and forms. One thing that is most generally not considered is the financial health of the third-party. It turns out such an oversight may have some...

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Monitoring of third-parties from 2021-01-31T22:10:42.023393

How can data analytics be used for continuous improvement where the primary sales force used by a company is third-parties? A clear majority of FCPA violations and related enforcement actions have ...

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31 Days to a More Effective Compliance Program
Designing a process for continuous monitoring from 2021-01-31T22:10:42.023393

Most CCOs and compliance practitioners understand the need for continuous monitoring. Whether it be as a part of your overall monitoring of third-parties, employees, or to test the overall effectiv...

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31 Days to a More Effective Compliance Program
Internal audit and continuous improvement from 2021-01-31T22:10:42.023393

Next, we consider how the internal audit (IA) function can be used to facilitate more effective continuous improvement. According to the Institute of Internal Auditors’ own definition, internal aud...

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The compliance audit from 2021-01-31T22:10:42.023393

One clear best practices to gauge the compliance culture and evaluate the strength of controls, is to conduct periodic audits to ensure that controls are functioning well. Interestingly, compliance...

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Continuous improvement in a compliance program from 2021-01-31T22:10:42.023393

In this month's podcast series, I consider what techniques to use to create continuous improvement in your compliance program. As the DOJ stated in the 2019 Guidance “One hallmark of an effective c...

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What does innovation in compliance look like? from 2021-01-31T22:10:42.023393

With the DOJ Evaluation’s emphasis on operationalizing your compliance regime, innovation is an important tool for you to use in this journey, yet one that is too often overlooked. We have consider...

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Innovation in Compliance Leadership from 2021-01-31T22:10:42.023393

Given the paucity of leadership coming out of Washington during this crisis, I thought it would be a ripe time to consider some innovations in compliance leadership. While many compliance departmen...

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Innovation in Investigative Due Diligence from 2021-01-31T22:10:42.023393

Candice Tal is the founder and Chief Executive Officer (CEO) of Infortal Worldwide, and one of the top experts around on due diligence. In an interview, I asked Tal about the use of AI in investiga...

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The Regional Compliance Committee from 2021-01-31T22:10:42.023393

Innovation can come in various forms for an organization. Innovation can appear in a structural form. You can move compliance more deeply into your organization with new or different structures. On...

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Moving Data Science the Last Mile from 2021-01-31T22:10:42.023393

This is still a tricky area for most legally trained compliance professionals as law schools are far behind the business world in teaching these skills. Yet, not only data analysis but also the pre...

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Innovation through Originating a Compliance Ecosystem from 2021-01-31T22:10:42.023393

The compliance profession seems to be an inflection point, moving away from the lawyer-driven written policies and procedures to a more operationalized regime where compliance is a part of the over...

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31 Days to a More Effective Compliance Program
Compliance Innovation Through KPIs from 2021-01-31T22:10:42.023393

Measuring the effectiveness of your compliance program will be one of the key criteria going forward. One of the mechanisms to do so is through Key Performance Indicators (KPIs). KPIs are a critica...

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Using Innovation to Break Through Silos from 2021-01-31T22:10:42.023393

Name any catastrophic corporate compliance failure and every root cause analysis will show there were silos which compliance could not break through. In the Boeing 737 Max design failure there was ...

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Connected Compliance from 2021-01-31T22:10:42.023393

Disconnectedness compliance comes from the fact there is not one system which connects the disparate strands of the compliance discipline. In the view of Thomas Sehested, GAN Integrity founder and ...

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AI as a Competitive Advantage from 2021-01-31T22:10:42.023393

One thing is certain going into 2020 and beyond is that technology that will improve the efficiency of compliance and will assist in the operationalization of compliance into fabric of every busine...

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The Competitive (Compliance) Advantage of Data from 2021-01-31T22:10:42.023393

The DOJ and SEC have both made it clear that they expect companies to be more robust in their use of data analytics in compliance programs. This means using data to not only detect and prevent ille...

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Design Thinking for Compliance from 2021-01-31T22:10:42.023393

Design thinking is another innovation which can help the CCO move forward in a cutting-edge manner to make a compliance program not only more robust but also operationalize it into the fabric of th...

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The Compliance Function into the 2020s and Beyond from 2021-01-31T22:10:42.023393

Yesterday we considered the compliance professional in the 2020s and beyond. Today we look at the Compliance Function. The Coronavirus pandemic has accelerated change in compliance that have been p...

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Blockchain will transform compliance from 2021-01-31T22:10:42.023393

One of the most significant innovations in compliance will come through the incorporation of blockchain into compliance. I see great value propositions for the compliance function. There are two sp...

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Skills for the Compliance Professional in the 2020s from 2021-01-31T22:10:42.023393

What should compliance practitioners do to move themselves forward professionally in the 2020s and beyond? Ton consider this question, I drew inspiration from the Financial Times (FT) piece, entitl...

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Superforecasting from 2021-01-31T22:10:42.023393

Imagine that as a CCO, you could create a team which might well dramatically improve your company’s compliance and risk forecasting ability, but to do so you would be required to expose just how un...

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Future of Compliance Training from 2021-01-31T22:10:42.023393

Where is compliance training headed? In the 2020 Update, the DOJ stated, “companies have invested in shorter, more targeted training sessions to enable employees to timely identify and raise issues...

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The Digital Twin and P&L of One from 2021-01-31T22:10:42.023393

How can you use the tools of Artificial Intelligence (AI) and data analytics in a best practices compliance program. Vincent M. Walden, a partner at Alvarez and Marsal (A&M), wrote an article entit...

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Communication to see around corners from 2021-01-31T22:10:42.023393

The more you can operationalize compliance, the more it works to operationalize culture in your organization. It works for all levels of a company, literally from the Boardroom to the shop floor. T...

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Using AI in Compliance Contracting from 2021-01-31T22:10:42.023393

In the compliance world, consistency is one of the keys to a successful compliance program. One of those areas where consistency is mandated is in contracting. Having consistency in the compliance ...

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The ROI of Effective Compliance from 2021-01-31T22:10:42.023393

We are now at a place where there is sufficient data, academic research and actual use cases from corporations and businesses that demonstrate good ethics and compliance programs are not simply goo...

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Finding compliance patterns in raked leaves from 2021-01-31T22:10:42.023393

We previously considered how AI can be used as a business advantage for compliance. The power of AI can extend the more traditional functions of prevention, detection and remediation. The first way...

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Four Practices for Delivering an AI Solution to Compliance from 2021-01-31T22:10:42.023393

Next, we consider the four practices that create the conditions for delivering an AI solution to compliance. Using these four practices can lead to enhanced operational excellence, more efficient b...

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Compliance Capabilities Needed to Use AI Programs from 2021-01-31T22:10:42.023393

Next we consider the crucial capabilities which a compliance function must have to implement an AI solution. Over the next several pieces, I will use the article Using AI to Enhance Business Operat...

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Strategies For and With AI in Compliance from 2021-01-31T22:10:42.023393

Today, I want to consider the article Strategy For and With AI by David Kiron and Michael Schrage. The authors premise is, “A company’s strategy is defined by its key performance indicators. Artifi...

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The Compliance Advantage of Data from 2021-01-31T22:10:42.023393

The Department Of Justice and Securities and Exchange Commission have both made it clear that they expect companies to be more robust in their use of data analytics in compliance programs. This mea...

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31 Days to a More Effective Compliance Program
Skills for Innovating in Compliance from 2021-01-31T22:10:42.023393

Innovation in compliance is one of my passions for every Chief Compliance Officer (CCO) and compliance practitioner. So much so that I dedicate an entire podcast series to the topic, aptly named In...

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Welcome to ComTech from 2021-01-31T22:10:42.023393

What will be the role of AI in compliance going forward? LawTech disrupted the legal profession and reshaped many areas of private practice. I believe there will is a nascent ComTech industry lurki...

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Innovation strategy for your compliance program from 2021-01-31T22:10:42.023393

In this chapter, we will consider innovation in compliance from a variety of angles including artificial intelligence (AI) and computer technology (ComTech), structural innovations, tools and tacti...

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Day 18 | Levels of due diligence from 2021-01-31T22:10:42.023393

Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of corruption risk. The key is to develop a mechanism to dete...

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Compliance Gap Analysis for HR from 2021-01-31T22:10:42.023393

Hopefully you now understand that many of the traditional functions of HR can be seen as compliance internal controls. At every touchpoint in the lifecycle of the employment relationship there is a...

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Day 13 | Institutional Justice and Fairness from 2021-01-31T22:10:42.023393

Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it wil...

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Compliance culture at the bottom from 2021-01-31T22:10:42.023393

One of the most important focuses of the DOJ’s 2019 Guidance was around culture. This means how far has the culture of compliance been driven down into an organization. The 2019 Guidance posed the ...

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Day 2 | Continuous Monitoring and Continuous Improvement from 2021-01-31T22:10:42.023393

I want to next focus specifically on the tactical steps of moving towards both continuous monitoring and continuous improvement of your compliance program. These twin concepts are perhaps the bigge...

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Operationalizing compliance in the middle from 2021-01-31T22:10:42.023393

The DOJ has made clear that middle management is a critical part of any compliance program’s success. While it does all start at the top, with the Board of Directors and senior executives setting t...

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Day 1 | What 2020 Brought To Compliance Programs from 2021-01-31T22:10:42.023393

2020 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest anti-bribery fine ever and highest annual amount of FCPA ...

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Promotion to operationalize compliance from 2021-01-31T22:10:42.023393

The role of HR in corporate compliance programs, is often underestimated. If your company has a culture where compliance is perceived to be in competition or worse yet antithetical to HR, the compa...

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Compliance training from the movies from 2021-01-31T22:10:42.023393

If there is one truism from the practices of law which translates to the practice of compliance it is that you are only limited by your own imagination. This holds true in the 360-degree realm of c...

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The exit interview from 2021-01-31T22:10:42.023393

The exit interview can be a further mechanism to operationalize compliance. This type of interview is used when someone voluntarily departs from a company, as opposed to a lay-off or reduction in f...

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Measuring Compliance Training Effectiveness from 2021-01-31T22:10:42.023393

Since at least 2017, the DOJ has emphasized the need for a determination of compliance training effectiveness. In the 2020 Update, it stated under the section entitled, “Form/Content/Effectiveness ...

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Employment separation Issues from 2021-01-31T22:10:42.023393

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of comp...

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31 Days to a More Effective Compliance Program
Compliance Training Frequency from 2021-01-31T22:10:42.023393

What should be your organization’s compliance training frequency? How does the amount of training can positively or negatively impact an overall training strategy? Unfortunately, these questions we...

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31 Days to a More Effective Compliance Program
Hiring a CCO: Developing the job profile from 2021-01-31T22:10:42.023393

What should a company do when it desires to hire a CCO? To do so, a company needs to fully understand and appreciate what it needs from such a position going forward. Unfortunately, many companies ...

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31 Days to a More Effective Compliance Program
Why You Should Have a Compliance Training Governance Committee from 2021-01-31T22:10:42.023393

One issue not often considered by compliance professionals around compliance training is that of compliance training governance. Yet a multinational organization subject to the FCPA faces many lega...

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31 Days to a More Effective Compliance Program
Compliance performance appraisal review from 2021-01-31T22:10:42.023393

One of the ways to operationalize compliance and to drive it into the DNA of an organization is through a performance review. Indeed, the 2019 DOJ Guidance stated: Incentive System…Have there been ...

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31 Days to a More Effective Compliance Program
Ten Compliance Training Program Design Objectives from 2021-01-31T22:10:42.023393

Shawn Rogers, Senior Director, Global Training & Awareness, Walmart has developed ten design objectives for establishing your compliance program training design objectives. You should consider doin...

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31 Days to a More Effective Compliance Program
Succession planning around compliance from 2021-01-31T22:10:42.023393

Another area where Human Resources can help to more fully operationalize compliance is in succession planning. Succession planning is just as important as governance, enterprise risk management and...

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31 Days to a More Effective Compliance Program
Envisioning Your Compliance Training Program from 2021-01-31T22:10:42.023393

How can you begin to think through a best practices compliance training program? I put that question to Shawn Rogers, Senior Director, Global Training & Awareness, Walmart. Rogers advised that you ...

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31 Days to a More Effective Compliance Program
Institutional Justice and The Fair Process Doctrine from 2021-01-31T22:10:42.023393

Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it wil...

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31 Days to a More Effective Compliance Program
Twitter and 360-degrees of communication from 2021-01-31T22:10:42.023393

One of the ways that CCOs and compliance practitioners can better use 360-degrees of communication is through Twitter. In a  MIT Sloan Management Review article, entitled “How Twitter Users Can Gen...

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31 Days to a More Effective Compliance Program
Sales incentives and compliance from 2021-01-31T22:10:42.023393

In the DOJ’s 2019 Guidance, Incentives and Disciplinary Measures it stated:  Incentive System – Has the company considered the implications of its incentives and rewards on compliance? How does the...

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31 Days to a More Effective Compliance Program
Asking questions to boost your compliance program from 2021-01-31T22:10:42.023393

Other than the skill of listening, asking questions is about as important to the compliance practitioner as any other that can be employed. Yet, equally critical is to ask the right question, which...

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31 Days to a More Effective Compliance Program
Executives Compensation and compliance incentives from 2021-01-31T22:10:42.023393

A 2015 New York Times article by Gretchen Morgenson, entitled “Ways to Put the Boss’s Skin In the Game”, dealt with a long-standing question about how to make senior executives more responsible for...

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31 Days to a More Effective Compliance Program
Communicating across cultural boundaries from 2021-01-31T22:10:42.023393

A 360-degree approach to communications entails looking at all forms of interactions as a way to interconnect. This means both verbal and non-verbal and in clues and hints. This concept can be part...

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31 Days to a More Effective Compliance Program
Designing compensation to operationalize compliance from 2021-01-31T22:10:42.023393

One of the areas that many companies have not paid as much attention to in their anti-corruption compliance programs is designing their compensation system to more fully operationalize compliance. ...

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31 Days to a More Effective Compliance Program
Multiplying the influence of compliance from 2021-01-31T22:10:42.023393

What if you could multiply the impact and effectiveness of your compliance program throughout your company? That would be a great boon to any compliance practitioner and compliance program. It is a...

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31 Days to a More Effective Compliance Program
Six core principles for compliance incentives from 2021-01-31T22:10:42.023393

Most compliance professionals understand the need to discipline employees who may have violated ethics and compliance programs or otherwise engaged in bribery and corruption. However, many Chief Co...

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31 Days to a More Effective Compliance Program
Communication through persuasion from 2021-01-31T22:10:42.023393

Such small gestures can make a difference. I recently read a biography of Dale Carnegie by Steven Watts, entitled “Self-Help Messiah: Dale Carnegie and Success in Modern America”, penned by Ian Fra...

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31 Days to a More Effective Compliance Program
The Role of Human Resources in Incentivizing Compliance from 2021-01-31T22:10:42.023393

One of the key points that representatives of the DOJ and Securities and Exchange Commission (SEC) have continually raised when discussing any best practices compliance program. The 2012 FCPA Guida...

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31 Days to a More Effective Compliance Program
Using communications to foster your compliance brand from 2021-01-31T22:10:42.023393

Our next lesson on compliance communications comes from best-selling authors James Patterson and David Baldacci and it about your brand. I had always thought of your brand as the image customers ha...

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31 Days to a More Effective Compliance Program
Using the Reference Check to Operationalize Compliance from 2021-01-31T22:10:42.023393

As far back as 2004, in Opinion Release 04-02, the DOJ realized this was an important part of an overall compliance program when it approved a proposed compliance program that had the following req...

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31 Days to a More Effective Compliance Program
Using Communications to Drive a Speak Up Culture from 2021-01-31T22:10:42.023393

How often have you thought about the role of communications in your entire hotline reporting system? I do not mean posters giving the hotline number, promising anonymity and non-retaliation. I mean...

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31 Days to a More Effective Compliance Program
The Hiring Process as a Step to Operationalize Compliance from 2021-01-31T22:10:42.023393

One of the conventional wisdoms about compliance training is that you will never be able to reach 5% of your workforce with compliance training because they are predisposed to lie, cheat and steal ...

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31 Days to a More Effective Compliance Program
Using 360 Degree of Compliance to Tell a Story from 2021-01-31T22:10:42.023393

The 360-degree approach to compliance works with all the stakeholders in a compliance program, even the “Document, Document, and Document” stakeholders; i.e., the regulators. By using innovative te...

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31 Days to a More Effective Compliance Program
The Role of HR in Creating an Ethical Culture from 2021-01-31T22:10:42.023393

The Evaluation of Corporate Compliance Programs, 2019 Guidance, makes clear that operationalization of compliance into an organization should be done at multiple levels. The 2019 Guidance also call...

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31 Days to a More Effective Compliance Program
Compliance and the clash of cultures from 2021-01-31T22:10:42.023393

One of the more difficult things to predict in the mergers and acquisition context is how the cultures of the two entities will merge. Further, while many mergers claim to be a ‘merger of equals’ t...

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31 Days to a More Effective Compliance Program
The Role of Human Resources in Operationalizing Compliance-Introduction from 2021-01-31T22:10:42.023393

Ed. Note-my series in January, 31 Days to a More Effective Compliance Program, was so popular, I decided to extend it through 2020. Each month, I will focus on one topic in a best practices complia...

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31 Days to a More Effective Compliance Program
Sharing to 360-degrees of communication from 2021-01-31T22:10:42.023393

Why do people share information? The answer to that question has important implications for every compliance practitioner and compliance program. Sharing is a primary method to communicate and conn...

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31 Days to a More Effective Compliance Program
Day 31 | Levels of due diligence from 2021-01-31T22:10:42.023393

Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of corruption risk. The key is to develop a mechanism to dete...

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31 Days to a More Effective Compliance Program
Day 30 | Using a root cause analysis for remediation from 2021-01-31T22:10:42.023393

We previously considered the Prong in the Evaluation that was not present in the Ten Hallmarks of an Effective Compliance Program; that being root cause analysis. The requirement was first raised i...

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31 Days to a More Effective Compliance Program
Day 29 | What is a root cause analysis? from 2021-01-31T22:10:42.023393

Well known fraud investigator Jonathan Marks, defined a root cause analysis as “a research based approach to identifying the bottom line reason of a problem or an issue; with the root cause, not th...

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31 Days to a More Effective Compliance Program
Day 28 | Post-acquisition integration plan from 2021-01-31T22:10:42.023393

Your company has just made its largest acquisition ever and your CEO says they want you to have a compliance post-acquisition integration plan on their desk in one week. Where do you begin? A good ...

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31 Days to a More Effective Compliance Program
Day 27 | Pre-acquisition due diligence in mergers and acquisitions from 2021-01-31T22:10:42.023393

A company that does not perform adequate due diligence prior to a merger or acquisition may face both legal and business risks. Perhaps most commonly, inadequate due diligence can allow a course of...

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31 Days to a More Effective Compliance Program
Day 26 | Operationalizing compliance through payroll from 2021-01-31T22:10:42.023393

One of the areas articulated in the 2019 Guidance was around payments and payroll. For the both the compliance professional and the corporate payroll function, there is a significant role to play i...

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31 Days to a More Effective Compliance Program
Day 25 | Compliance function in an organization from 2021-01-31T22:10:42.023393

The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. When it came to the corporate compliance function, 20...

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31 Days to a More Effective Compliance Program
Day 24 | CCO authority and independence from 2021-01-31T22:10:42.023393

The role of the CCO has steadily grown in stature and prestige over the years. In the 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, it focused on...

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31 Days to a More Effective Compliance Program
Day 23 | Updates and feedback from 2021-01-31T22:10:42.023393

One of the critical elements found in the 2019 Guidance is the need to use the information you obtain, whether through risk assessment, root cause analysis, investigation, hotline report or any oth...

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31 Days to a More Effective Compliance Program
Day 22 | Assessing compliance internal controls from 2021-01-31T22:10:42.023393

Control Testing – Has the company reviewed and audited its compliance program in the area relating to the misconduct? More generally, what testing of controls, collection and analysis of compliance...

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31 Days to a More Effective Compliance Program
Day 21 | Continuous improvement in a compliance program from 2021-01-31T22:10:42.023393

The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) was very clear about the need for continuous improvement in any compliance program. It stated quite succinctly, “...

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31 Days to a More Effective Compliance Program
Day 20 | Responding to investigative findings from 2021-01-31T22:10:42.023393

There is nothing like an internal whistleblower report about a compliance violation, the finding of such an issue, or (even worse) a subpoena from the DOJ or notice letter from the SEC to trigger t...

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31 Days to a More Effective Compliance Program
Day 19 | The investigation protocol from 2021-01-31T22:10:42.023393

After the internal report comes in and you have properly triaged the matter, you need to scope out and investigate it, promptly, thoroughly and with competent personnel. Your company should have a ...

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31 Days to a More Effective Compliance Program
Day 18 | Internal reporting and the triaging of claims from 2021-01-31T22:10:42.023393

The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into a FCPA issue for your company. As the CCO, it w...

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31 Days to a More Effective Compliance Program
Day 17 | Managing your third parties from 2021-01-31T22:10:42.023393

The building blocks of any compliance program lay the foundations for a best practices compliance program. For instance, in the life cycle management of third parties, most compliance practitioners...

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31 Days to a More Effective Compliance Program
Day 16 | The third-party risk management process from 2021-01-31T22:10:42.023393

  As every compliance practitioner is well aware, third parties still present the highest risk under the FCPA. The Evaluation of Corporate Compliance Programs - Guidance Document (2019 Guidance) de...

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31 Days to a More Effective Compliance Program
Day 15 | How do you evaluate a risk assessment? from 2021-01-31T22:10:42.023393

After you complete your risk assessment, you must then translate it into a risk profile. If your estimate of where your bribery risk is greatest is wrong, it will be an effort to address it. As Ben...

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31 Days to a More Effective Compliance Program
Day 14 | Risk Assessments from 2021-01-31T22:10:42.023393

One cannot really say enough about risk assessments in the context of anti-corruption programs. This is because every corporate compliance program should be based upon a risk assessment, to underst...

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31 Days to a More Effective Compliance Program
Day 13 |Institutional Justice and The Fair Process Doctrine from 2021-01-31T22:10:42.023393

Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it wil...

Listen
31 Days to a More Effective Compliance Program
Day 12 | Financial Incentives for Compliance from 2021-01-31T22:10:42.023393

One of the areas that many companies have not paid as much attention to in their compliance programs is compensation. However, the DOJ and SEC have long made clear that they view monetary structure...

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31 Days to a More Effective Compliance Program
Day 11 | What is Effective Compliance Training? from 2021-01-31T22:10:42.023393

One of the key goals of any compliance program is to train employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of comp...

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31 Days to a More Effective Compliance Program
Day 10 | The use of social media in compliance from 2021-01-31T22:10:42.023393

What is the message of compliance inside of a corporation and how it is distributed? In a compliance program, the largest portion of your consumers/customers are your employees. Social media presen...

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31 Days to a More Effective Compliance Program
Day 9 | 360 degrees of compliance communications from 2021-01-31T22:10:42.023393

A 360-degree view of compliance is an effort to incorporate your compliance identity into a holistic approach so that compliance is in touch with and visible to your employees at all times. It is a...

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31 Days to a More Effective Compliance Program
Day 8 | Internal controls and compliance from 2021-01-31T22:10:42.023393

What specifically are internal controls in a compliance program? The starting point is the FCPA itself, which requires issuers to devise and maintain a system of internal controls that can reasonab...

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31 Days to a More Effective Compliance Program
Day 7 | Policies and Procedures from 2021-01-31T22:10:42.023393

There are numerous reasons to put some serious work into your compliance policies and procedures. They are certainly a first line of defense when the government comes knocking. The Evaluation of Co...

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31 Days to a More Effective Compliance Program
Day 6 | The Code of Conduct from 2021-01-31T22:10:42.023393

What is the value of having a Code of Conduct? In its early days, a Code of Conduct tended to be lawyer-written and lawyer-driven to wave in regulator’s face during an enforcement action as proof o...

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31 Days to a More Effective Compliance Program
Day 5 | The Board and operationalizing compliance from 2021-01-31T22:10:42.023393

In addition to a company’s senior management, there is a Board of Directors at the top. Yet the role of the Board is different than that of senior management. For the Board of Director, the Evaluat...

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31 Days to a More Effective Compliance Program
Day 4 | Moving compliance tone down through an organization from 2021-01-31T22:10:42.023393

Mike Volkov, in a blog post entitled “Mood in the Middle Versus Tone at the Top”, said, “Even when a company does all the right things at the senior management level, the real issue is whether or n...

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31 Days to a More Effective Compliance Program
Day 3 | Leadership’s conduct at the top from 2021-01-31T22:10:42.023393

Obviously, in every compliance program, the ethical tone of a company and accountability all starts at the top and most specifically senior management. The Evaluation of Corporate Compliance Progra...

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31 Days to a More Effective Compliance Program
Day 2 | Measuring your risk from 2021-01-31T22:10:42.023393

Operationalizing your compliance program can take many shapes and forms. Using the entire risk management process to embed your compliance program within the contours of your organization is an imp...

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31 Days to a More Effective Compliance Program
Day 1 | What 2019 Brought to Compliance Programs from 2021-01-31T22:10:42.023393

2019 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest amount of FCPA enforcement actions, fines and penalties a...

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31 Days to a More Effective Compliance Program
Day 1 | What 2019 Brought to Compliance Programs from 2020-01-03T20:20:38

2019 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest amount of FCPA enforcement actions, fines and penalties a...

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31 Days to a More Effective Compliance Program
Day 1 | What 2019 Brought to Compliance Programs from 2020-01-03T20:20:38

2019 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest amount of FCPA enforcement actions, fines and penalties a...

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