On this episode of The Ethics Experts, we speak with Charlie Malouf about shifting HR from a balance sheet mindset, to a growth mindset.
Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!
Day: March 30, 2020
On this episode of The Ethics Experts, we speak with Marissa Orr about the authenticity of the public conversation regarding women at work, and how we can be honest about the real place of feminism in the corporate world.
Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!
On this episode of The Ethics Experts, we speak with Adam Posner about how getting fired changed his life course, and how he uses empathy to win.
Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!
On this episode of The Ethics Experts, we speak with Leah Marone about how to have a true Open Door, and how we constantly project our over-stimulated life to others.
Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!
In our concluding episode in this five-part series, Vin DiCianni and myself discuss proactive monitoring, which demonstrates the benefits of using a third party to fulfill the compliance mandates that have been laid out by the DOJ. Proactive monitoring is directly in the wheelhouse for every compliance program’s three key prongs: prevent, detect and remediate. The Benczkowski Memo and other DOJ pronouncements not only further articulates the road map of what the DOJ expects but also how a company can move through the enforcement process to receive a full declination under the FCPA Corporate Enforcement Program.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
Over this series we have explored what companies can do both internally and externally to incorporate the Benczkowski Memo (the “Memo”) and other DOJ guidance into their organizations. In Episode 4, Eric Feldman and I discuss how the DOJ Guidance from 2018 on FCPA compliance can be used as both a sword and a shield. The first thing to recognize is that while laying out the criteria for monitor selection by the DOJ, the Benczkowski Memo also lays out a roadmap of how to avoid a monitor. The Benczkowski Memo lays out several conditions to indicate a situation where a monitor is warranted. The first includes whether the underlying misconduct involved something as systemic as manipulation of corporate books and records or exploitation. If it does this may well be indicia that a company had an inadequate compliance program. This would further indicate that the corporate compliance program is not designed and implemented effectively. The second factor considers whether the misconduct was pervasive across the organization or approved or facilitated by senior level management.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
Vin DiCianni and I have previously considered how companies can use DOJ announcements over the few past year and back to the FCPA Corporate Enforcement Policy, announced in November 2017, to consider what strategies companies can use based upon these documents to internally to bolster their compliance programs and today we consider this same issue from the external perspective. There are several areas from the DOJ guidance which make the use of external resources more impactful for a corporate compliance program.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
This podcast series explores what companies can do both internally and externally to incorporate the Benczkowski Memo (the “Memo”) and other DOJ guidance into their organizations, show how to use a strong compliance program as both a sword and a shield and the benefits of using a third-party to fulfill the compliance mandate. In this episode , I consider with Vin DiCianni how companies can use this information internally to bolster their compliance programs. DiCianni began by emphasizing the DOJ now mandates companies who come before them have an effective compliance program. The days of wheeling in a large stack of documents are long gone and companies need to have substantive evidence on not simply their program but its effectiveness.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
In this podcast series, I visit with Vincent DiCianni, founder and President of AMI, and Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice announcements over the past few years and back to the FCPA Corporate Enforcement Policy, to consider what strategies companies can use based upon these documents. Over this series, we will explore what companies can do both internally and externally to incorporate the Benczkowski Memo and other DOJ guidance into their organizations, show how to use the Memo as both a sword and a shield and the benefits of using a third-party to fulfill the compliance mandate. In this episode, we introduce the Benczkowski Memo and DOJ announcements detailing what they mean for the compliance practitioner.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
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 departments may have begun more as a command and control function, set up by lawyers to comply with anti-bribery laws such as the Foreign Corrupt Practices Act (FCPA), this type of leadership model is now becoming outmoded in today’s world. It is not that employees are interested in the ‘why’ they should do business ethically and in compliance with such laws but it is more that power is shifting inside corporations. As the compliance profession matures, it will become more a component of a company’s business function. This means less of a lawyer’s top down mentality of do it because I said to do it, to more collaboration.
Three key takeaways:
- The lawyer-driven command and control method for compliance is outmoded and outdated.
- Innovation in compliance leadership is recognizing the bi-lateral nature of power and communications in an organization.
- A feedback loop can be used in the leadership function as well.
For more information on our sponsor, Affiliated Monitors Inc. check out their website, by clicking here.
