Podcast

Compliance into The Weeds: To Monitor or Not to Monitor: What is even The Question?

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Post date February 7, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the seeming inconsistency in approaches to monitoring (or lack thereof) in two recent DOJ enforcement actions involving eBay and SAP.

The Department of Justice’s (DOJ) seemingly inconsistent approach to corporate enforcement and compliance monitoring has been a topic of much debate and confusion. Or has it? This inconsistency is particularly evident in the assignment of compliance monitors and CCO certification, as seen in the contrasting cases of eBay and SAP. Does the DOJ have a contradictory approach? What are the criteria for assigning monitors? Are local U.S. Attorneys may be following their own agendas, leading to this inconsistency. Is there a lack of logic and effectiveness in the DOJ’s policies? To delve deeper into this issue, join Tom Fox and Matt Kelly in this episode of Compliance into the Weeds.

Key Highlights:

Effectiveness and Consistency of Compliance Monitors
Incentivizing self-disclosure and remediation in corporate enforcement
Inconsistent assignment of monitors based on misconduct
Inconsistent enforcement practices by U.S. Attorneys

Resources:

Matt on Radical Compliance

Tom

Tags CCO, compliance, DOJ, eBay, monitors, SAP

Compliance Into the Weeds

Compliance Into The Weeds: Oscar Season and Internal Controls

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Post date January 31, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into a payments and internal controls miasma involving actors Tom Holland and Tom Hollander.

The recent incident involving British actor Tom Hollander, who accidentally received a payment intended for Tom Holland due to a mix-up at their shared talent agency, has brought to light the critical importance of robust accounting controls for payments. Tom emphasizes the need for a second set of eyes to oversee payments and ensure they are going to the correct recipients. He suggests that smaller organizations can implement human review controls, while larger ones may need to rely on technology such as robotic process automation. Matt is highlighting the potential legal and regulatory consequences of sending payments to the wrong recipients. He stresses the need for organizations to demonstrate to regulators that errors are rare and accidental and that they have effective assurance processes in place. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of Compliance into the Weeds.

Key Highlights:

Payment Mix-up Highlights Importance of Internal Controls
Error Prevention and Correction in Payments
Mitigating Compliance Risks with Internal Controls

Resources:

Matt on Radical Compliance

Tom

Tags fraud, Internal Controls, payments, Spiderman, Tom Holland, Tom Hollander

Compliance Into the Weeds

Compliance Into The Weeds: Pre-Taliation is Illegal as to All

Post author By admin
Post date January 24, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the recent SEC enforcement action for pre-taliation against JPMorgan and what it means for whistleblower programs going forward.

The Securities and Exchange Commission (SEC) has been ramping up fines for companies found guilty of retaliation, as evidenced by the recent JP Morgan securities case, which resulted in an $18 million sanction. This development underscores the importance of compliance and the need for companies to protect individuals’ rights to report misconduct. Tom views this as a significant shift, expanding the range of individuals who may be affected by retaliation claims. He predicts a broader legal discussion and increased protection for those who bring claims related to misconduct. Matt emphasizes the need for companies to be proactive in preventing retaliation. He points out that enforcement has been increasing since 2016 and that companies should already be aware that they cannot restrict employees from reporting wrongdoing to the SEC. Join Tom Fox and Matt Kelly as they delve deeper into this topic on the Compliance into the Weeds podcast.

Key Highlights:

The underlying facts
Expanding Retaliation Risk in Corporate Settings
Retaliation Clauses and Whistleblower Protection
CBRE’s Swift Remediation Efforts and SEC Settlement

Resources:

Matt on Radical Compliance

Tom

Tags pre-taliation, SEC, whistleblowers

Compliance Into the Weeds

Compliance Into The Weeds: The SAP Foreign Corrupt Practices Act Enforcement Action

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Post date January 17, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the ERP software giant SAP.

The recent $220 million fine imposed on German software giant SAP for violations of the FCPA underscores the critical role of internal audits in maintaining corporate compliance. Despite having a comprehensive FCPA compliance program, SAP’s lack of control over its subsidiaries led to bribery activities, a situation that Tom and Matt believe could have been prevented with a robust internal audit function. Fox emphasized the need for strong internal audits to identify and address issues within different parts of an organization. Similarly, Kelly underscored the importance of internal audits in identifying and rectifying control lapses. To delve deeper into this topic and understand the implications of the SAP case, join Tom Fox and Matt Kelly on this episode of Compliance into the Weeds.

Key Highlights:

The bribery schemes and geographic scope
What is culture?
Third parties and corruption risks
The fine and penalty
The comeback
Lessons learned for the compliance professional

Resources:

Matt on Radical Compliance

Tom

Tom on the FCPA Compliance and Ethics Blog

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Tags corruption, DOJ, FCPA, internal audit, Internal Controls, SAP, SEC

Compliance Into the Weeds

Compliance Into The Weeds: FTC and Rite-Aid: Compliance Issues with AI Facial Recognition

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Post date January 10, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the recent FTC enforcement action involving Rite-Aid and its inappropriate use of AI-generated facial recognition.

The adoption of AI technologies, as demonstrated by the Rite Aid case, underscores the critical need for robust compliance oversight. This case, involving the use of AI-driven facial recognition technology, resulted in compliance risks and a high rate of false positives, highlighting the potential pitfalls of AI technologies when not properly managed. Tom emphasized the importance of a comprehensive process to assess, manage, and monitor the risks associated with new technologies. He believes that collaboration among different stakeholders is key to understanding and mitigating potential risks. Matt stressed the need for careful consideration of how new technologies will impact business processes and the importance of correct governance from both a technical and human perspective. Join Tom Fox and Matt Kelly in this episode of the Compliance into the Weeds podcast as they delve deeper into the importance of robust governance in adopting AI technologies.

Key Highlights:

The Impact of AI Facial Recognition Technology
Concerns of AI Facial Recognition and Racial Profiling
Issues with AI Facial Recognition Training
Collaborative Risk Management for AI Implementation

Resources:

Matt Kelly on LinkedIn

Matt on Radical Compliance

Tom

Tags AI, compliance, facial recognition

Compliance Into the Weeds

Compliance Into The Weeds: Key Compliance Issues for 2024

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Post date January 3, 2024
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into issues Matt has on his radar for compliance professionals in 2024.

Matt Kelly is well known for zigging when everyone else is zagging. At the start of each year, he publishes a column that looks at key issues for compliance professionals in the year ahead. This podcast takes a deep dive into these issues. The rapidly evolving landscape of AI, cybersecurity, and governance is increasingly shaped by regulatory and compliance trends. In this context, industry experts Tom Fox and Matt Kelly offer insightful perspectives. We consider governmental oversight of AI, with more specific AI regulations in 2024, while also highlighting the potential of AI integration into compliance products and platforms. We also look at issues with the SEC, PCAOB, and DOJ. Join Tom Fox and Matt Kelly as they delve deeper into these topics in this episode of the award-winning Compliance into the Weeds.

Key Highlights:

FEPA and its enforcement
NOCLAR and the PCAOB
SEC v. Solar Winds and its CISO
AI-Regulation and Business Use
SEC right to disgorgement

Resources:

Matt Kelly on LinkedIn

Matt on Radical Compliance

Tom

Tags AI, CISO, CISO liability, compliance, DOJ, FEPA, PCOAB, SEC, Solar Winds

Compliance Into the Weeds

Compliance Into The Weeds: Congress Fills a Gap – FEPA

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Post date December 20, 2023
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The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the Foreign Extortion Prevention Act (FEPA), a groundbreaking law that aims to combat corruption by criminalizing foreign government officials who solicit or accept bribes from US entities.

This law complements the Foreign Corrupt Practices Act (FCPA), which penalizes companies for offering bribes, and introduces new challenges and implications for anti-corruption measures. Tom views FEPA as a long-overdue measure that fills a gap in anti-corruption efforts. He agrees with Matt emphasizes that FEPA addresses a long-standing concern of anti-corruption advocates. Both Fox and Kelly anticipate further guidance from the Department of Justice on how this new law will interact with existing measures under the FCPA. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of the Compliance into the Weeds podcast.

Key Highlights:

Combating Foreign Corruption: FIFA’s Powerful Impact
Implications of FIFA Cooperation on FCPA Prosecution
Extradition Challenges in FIFA Corruption Cases
The Impact of the Name and Shame List

Resources:

Matt Kelly on LinkedIn

Tom

Tags compliance, corruption, DOJ, extortion, extradition, FCPA, FEPA

Compliance Into the Weeds

Compliance Into The Weeds: The Importance of Empathy and Moral Clarity in Campus Anti-Discrimination

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Post date December 13, 2023
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The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into data analytics and highlight the Bank Of America CFPB enforcement action for failures in a data analytics program.

The recent congressional testimonies of university presidents from Harvard, MIT, and the University of Pennsylvania have ignited a heated debate over their handling of anti-Semitism and discrimination on campuses. Tom criticizes the presidents for their lack of moral clarity and empathy in their responses to questions about anti-Semitism on campus. He emphasizes the crucial role of chief compliance officers in guiding ethical leadership and decision-making in such sensitive situations. Matt echoes Fox’s sentiments, stressing the importance of empathy, moral clarity, and ethical values in addressing and preventing campus discrimination. He criticizes the presidents for their inability to effectively express these qualities in their responses to questions about discrimination policies. Join Tom Fox and Matt Kelly as they delve deeper into this issue on this episode of Compliance into the Weeds.

Highlights

Fallout from Private College Testimony on Anti-Semitism
Navigating Multiple Stakeholders in Universities
The Power of Wealthy Donors and Alumni
The Role of Empathy in Ethical Leadership

Resources

Matt Kelly on LinkedIn

Tom

Tags anti-discrimination, Harvard, MIT, Penn

Compliance Into the Weeds

Compliance Into The Weeds: Data Analytics, BoA and DOJ Pronouncements

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Post date December 6, 2023
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Data analytics is a powerful tool in the realm of compliance and risk management, providing invaluable insights that can help organizations identify potential risks and assess the effectiveness of their compliance programs. Tom emphasizes the importance of continuous monitoring using data analytics, citing a case where Bank of America was fined $12 million due to poor use of data analytics. He advocates for the use of analytics algorithms as ongoing monitoring tools and encourages business units to take an active role in managing their risks. Matt underscores the significance of data analytics in identifying and managing compliance risks. He echoes Fox’s sentiments on the need for continuous monitoring and the involvement of business units in risk management.

They also note that both the DOJ and SEC are ramping up their focus on data analytics for corporate compliance, setting higher expectations, especially for larger corporations. This shift is not only transforming the landscape of corporate compliance but also reshaping the way companies approach self-disclosure of misconduct. Join Fox and Kelly on this episode of the Compliance into the Weeds podcast as they delve deeper into the implications of the DOJ and SEC’s increasing focus on data analytics for corporate compliance.

Key Highlights:

The Importance of Continuous Data Analytics
Bank of America’s Compliance Risk Management
Effective Monitoring and Surveillance in Financial Services
DOJ’s Expectations for Corporate Data Analytics
Uncovering Fraud Through Data Analytics

Resources:

Matt’s blog posts in Radical Compliance

A $12M Lesson on Data Analytics

Some Vague Hints on Analytics, FCPA

Tom

Tags Bank of America, BOA, Data Analytics, DOJ

Compliance Into the Weeds

Compliance into the Weeds: Binance Pays $4+ Billion for Criminal Acts

Post author By admin
Post date November 29, 2023
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The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the Binance enforcement action brought by the DOJ, OFAC, FinCEN, and the CFTC.

In a landmark case that has sent shockwaves through the cryptocurrency industry, Binance, the world’s largest cryptocurrency trading platform, has been slapped with a staggering $4.3 billion fine for intentionally violating anti-money laundering laws and other financial regulations. Tom views this as a significant turning point, marking the end of the libertarian experiment around cryptocurrency and alternative financial systems. He believes that the hefty penalties imposed on Binance, along with other smaller enforcement actions in the crypto world, are a clear message from regulators that the crypto sector must comply with US laws and regulations.

Matt echoes Fox’s sentiments, emphasizing that the enforcement actions against Binance and other cryptocurrency ventures signify the end of the libertarian experiment around cryptocurrency. He underscores the deliberate and intentional nature of Binance’s violations, stating that they knowingly deceived and evaded compliance regulations. Join Tom Fox and Matt Kelly on this episode of the Compliance into the Weeds podcast as they delve deeper into this case and its implications for the cryptocurrency industry.