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The Ethics Experts

The Ethics Experts: Bonus Episode 004 – COVID-19 Edition with Mark Alexander


On this special bonus episode of The Ethics Experts, we speak with Mark Alexander about how compliance is key during the COVID19 pandemic to identify risks currently and in the future.

Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!

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31 Days to More Effective Compliance Programs

Designing a process for continuous monitoring


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 effectiveness of internal controls and compliance, continuous monitoring is clearly a part of a best practices compliance program. Further, while most compliance practitioners are aware of the tools which can be applied for continuous monitoring, they may not be as aware of how to engage in the process. Put another way, how do you develop a methodology for building a continuous controls monitoring process that yields sustainable, repeatable results?
Joe Oringel, co-founder and principal at Visual Risk IQ uses a five-step process. The steps are: 1) brainstorm, 2) acquire and map data, 3) write queries, 4) analyze and report, and 5) refine and sustain. If you can establish your extraction and mapping rules, using common data models within your organization, you can use them to generate risk and performance checks going forward. Finally, through thoughtful use of continuous monitoring parameters, you can create metrics that you can internally benchmark your compliance regime against over time to show to any regulators who might come knocking.
 Three key takeaways: 

  1. Create a process to monitor your controls.
  2. Use a compliance SME to work with your internal controls specialist to develop queries from the compliance perspective.
  3. Finally, do not forget the feedback loop nature of the process by integrating your results going forward.
Categories
Why a Duck

COVID-19 and Compliance: Part 1-Business Ethics Matters Even More Now


In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this first episode, we consider the why compliance and ethics are even more important during coronavirus health crisis and what it may all mean going forward. Highlights from the podcast include:

  1. Businesses must lead from the top.
  2. Ethical decision making must be the guidepost for all decisions.
  3. Who are all the stakeholders which need to be considered?
  4. There are a variety of stakeholders which must be considered but health and safety should be the Number 1 consideration.
  5. Should employees be the No. 1 consideration?
  6. How will Gen Z view your company’s actions?

Resources
Mike Volkov-Ethical Business Decisions in the COVID-19 Crisis
Tom FoxCompany Responses

Categories
FCPA Compliance Report

Karen Woody on Profit Disgorgement at the Supreme Court


In the Episode, I visit with Karen Woody, Assistant Professor of Law. Her areas of expertise include, Securities Law, Financial Regulation and White-Collar Crime. We visit about the recent Supreme Court argument in the Lui case and how it might (or might not) impact the SEC’s ability to seek profit disgorgement for fraudsters.
Some of the highlights include:

  • What is profit disgorgement? Is it different from restitution?
  • How has the SEC used this doctrine in the past?
  • How did the Kokesh decision open the way for the Lui appeal?
  • How does the Lui case attack this doctrine?
  • What question was before the Supreme Court?
  • What were the parties arguments?
  • From the Court’s questioning, what can be gleaned?
  • Will the Court really allow convicted fraudsters to keep their ill-gotten gains by doing away with profit disgorgement?
Categories
Daily Compliance News

April 6, 2020-the Relieved of Command edition


In today’s edition of Daily Compliance News:

  • White House lawyer nominated to be CAREs IG. (WaPlo)
  • Roosevelt Captain respectfully asked for help, was fired for his efforts. (WSJ)
  • Zoom CEO admits ‘I really messed up’ over security flaws. (WSJ)
  • Veneto leads the way in Italy. (FT)