In this episode, I am joined by AMI Managing Director Don Stern. We introduce the concept of defense counsel working with independent monitors. Stern began by noting that traditionally defense lawyers were very wary about getting compliance professionals engaged and involved in assessing a company’s compliance plan in the midst of an investigation. They tended to focus on such criteria when an investigation is active, the overall investigation. Moreover, initially the government wanted companies to wait until an investigation was over before a company would begin to fix things. However, those days have long since passed. Stern said, “at this point, the worst thing that a defense lawyer can do is to sit back, wait for the investigation to complete either their own internal investigation or the government’s investigation and then say to the government, well now we’re going to fix things. I think it’s important to get in there as quickly as possible.”
There are then multiple reasons for defense counsel, whose primary role is to defend an individual or organization. Stern ended by concluding, “the government has become much more sophisticated in assessing compliance programs. It used to be that you can simply present the policies, procedures and some metrics and the prosecutors or the regulators would nod their head and say you’ve got a very good program. But that is not anymore. They want an on the ground assessment as to whether it’s really working and whether people take it seriously.” The bottom line is that the “best way to do that in my view is having a third-party independent come in and do that work.”
Join us in next week where we dive into the weeds by looking at the nuts and bolts of working with a third-party independent monitor.
Find out more about Affiliated Monitors Inc. by checking out their website here.
Day: October 20, 2020
Bolsonaro anunció el cierre de lava jato y el fin de corrupción en Brasil. En este episodio de ¡(H)Ola Compliance! Matteson Ellis y Alejandra Montenegro Almonte comparten sus reacciones a los pronunciamientos de Bolsonaro y reflexionan sobre el impacto de lava jato en le región.
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Preguntas? Contáctenos en podcasts@milchev.com.
¡(H)Ola Compliance! no tiene la intención y no se puede considerar como asesoramiento legal; el contenido solo refleja los pensamientos y opiniones de sus anfitriones.
¡(H)Ola Compliance! explora la ola de cumplimiento de anticorrupción que ha surgido por Latinoamérica. Inmerso en su cariño para la región, Matteson Ellis y Alejandra Montenegro Almonte (Socios de Miller & Chevalier), navegan las aguas de regulaciones de cumplimiento corporativo desde sus oficinas en Washington, DC y trazan las normas de anticorrupción que afectan a la región. A la vez destacan los desafíos y oportunidades que enfrentan las empresas comprometidas a la ética. ¿Te sientes que estás nadando contra la corriente? ¡Entonces tome la ola de cumplimiento en ¡(H)Ola Compliance!
Tom Fox welcomes Luke Wilson to the Innovation In Compliance show. Luke is the Vice President of Intelligence at 4iQ. He has extensive experience in cyber threat analysis and counter-terrorism, having worked with the federal government for many years. Luke and Tom chat about trending cybersecurity issues in this week’s show.
The Adversary Intelligence Company
Tom asks Luke why 4iQ calls itself The Adversary Intelligence Company. Luke responds that their mission at 4iQ is to help their clients defend themselves against bad actors. “We’re here to help you defend yourself from adversaries,” he says. “…We want to help you gather intelligence on those individuals so you can understand their TTPs [tactics, techniques, and procedures], what they’re after, and how to prevent that from happening in the future as well.” He points out that good cybersecurity involves understanding your third-party service providers, including who is supplying data and infrastructure to them.
COVID’s Impact on Cybersecurity
“The impact of the coronavirus health crisis has been that it has accelerated, sometimes exponentially, trends that were already in play,” Tom comments. Luke explains how the pandemic has impacted the cybersecurity space. “It’s the perfect scenario for cybercrime and for cybercriminals to ramp up their attacks,” he remarks. Employees used protected networks at the office, but now that they’re working from home, that basic protection is not available. As a result, there has been an uptick in cybercrime, including ransomware phishing. Luke expects these trends to continue in 2021 and beyond: “I see a continuation of the threats that are out there now. A lot of what’s going on is just a repackaging of what’s been happening for a while now in the cyber threat landscape… I think we’re going to see this going for a very long time until COVID-19 is not the main topic around the world.”
Luke and Tom discuss the measures the government may take to deal with financial crime. “Whenever you have a massive event like this [COVID-19 federal loans], you can expect that there will be some fraud going on,” Luke says. “But I probably would assess that they’ll put a little bit more stringent criteria on there after what they’ve seen happening now with some of these loans.”
Resources
4iQ.com
4iQ on LinkedIn
COVID-19 Threat Report
In today’s edition of Daily Compliance News:
- Oil turns to M&A to survive. (NYT)
- Former Iranian CEO Sentenced for Sanctions Violations. (WSJ)
- Chocolate and child labor? (WSJ)
- D&I would add $$$ to US economy. (Houston Chronicle)
I’m talking with my friend Bruce Turner again about his recent book “Team Leader’s Guide to Internal Audit Leadership” in this #jammingwithjason #internalauditpodcast.
The role of #internalaudit team leaders is being reshaped to accommodate the recognition of Chief Audit Executives (CAEs) as trusted advisors within the C-suite. This requires team leaders to transition to a higher level by providing practical, meaningful ideas to optimize internal audit’s value proposition through attuned, balanced, and credible day-to-day audit engagement activities.
His book provides fresh, timely, and higher-level insights on the expanding role of team leaders, and the need for them to deliver internal auditing services on a day-to-day basis that optimize the value proposition for the benefit of internal audit’s stakeholders.
Listen in at: http://www.jasonmefford.com/jammingwithjason/
Bruce Turner, has more than 40 years of practitioner and leadership experience in internal auditing, including being the Chief Audit Executive at several organizations. He has recruited dozens of new auditors into internal audit roles throughout his career and watched proudly as their careers blossomed.
You can find his book on Amazon: https://www.amazon.com/dp/B088YTMHD6/
Can something as simple as laughing each day actually improve your health? Absolutely.
Life is 10% what happens to us and 90% how we respond. Laughter can help keep everything in perspective, and the more we practice it, the better we get at seeing things in a fresh and more light-hearted way. Instead of crying, try laughing and it will make all the difference.
This special #jammingwithjason #internalauditpodcast is a re-play from my other podcast Fire & Earth (with my friend Kathy Gruver) where we were joined by Sarah Routman an expert in laughter therapy and laughter yoga. This episode will get you laughing and show you some simple exercises you can use each day to increase your health, #happiness, and well-being.
Listen in at: http://www.jasonmefford.com/jammingwithjason/
Sarah is a champion of overall wellness, and inspires and motivates individuals and professionals to engage in healthy laughter for a vibrant, uplifting and transformative shift in all aspects of their lives that leads them towards better health and wellbeing.
Learn more and connect with Sarah at: https://www.laughhealthy.com/
