En este episodio nos acompaña nuestra invitada, Sandra Orihuela, de Orihuela Abogados, quien comparte con nosotros su amplia experiencia en materia de anticorrupción y cumplimiento en Perú. Sandra nos platica sobre las actitudes en Perú cada vez más optimistas respecto al combate a la corrupción. Ella pone en contexto los resultados de la Encuesta de Corrupción en América Latina, y comparte las tendencias que ve en el desarrollo de programas de cumplimiento en Perú.
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¡(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!
Day: February 2, 2021
In this episode, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. We discuss the ABA Guidelines on Monitors.
Gordon has long been a part of the ABA’s discussions around monitors. These standards are found under the Criminal Justice Standards on Monitors (the “ABA Standards”). The ABA Standards emphasize the monitor selection process should encourage consideration of a broad range of monitor candidates and should not be artificially limited by demographic, professional and geographic factors. Gordon also emphasized that “qualifications, integrity, credibility and professionalism are the top of the list.”
Moreover, under potential exclusion, there are a number of examples the standard provides that should be baked into every monitor selection process. Basically, anything that appears to create a conflict of interest or would be perceived to impair the monitor’s judgment or independence are non-starters. Yet, Gordon believes the standards actually go further. She stated, “They go onto provide additional factors that should be considered, some of which may seem obvious to us; such as not having worked for the organization being monitored during the time of the activity in question; not holding prior affiliation with a firm that provided legal or other professional services to the organization being monitored; and even extending to any other factor that could bias or impair or be perceived bias or impair the monitor’s judgment, objectivity, independence, including the prospect of future engagement or other economic considerations that could influence it”. The bottom line is that the ABA Standards “emphasizes the importance of independence.”
All of this extends beyond the criminal side where a monitorship might be put into place concerning a prosecution. It also extends to the civil side of enforcement. Moreover, the ABA Standards can also be applied to a variety of over situations where the independent third-party might be an ombudsman, Independent Sector Inspector Generals or other nomenclature. Gordon believes that “encoding true independence is essential no matter what form a monitorship takes, what title you give it, or whatever you might call it.”
The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Natalia Shehadeh, Chief Compliance Officer at ABB.
Episode 1-Why Compliance?
Natalia comes to compliance from a unique background. She was born in Spain and has lived all over the world. She comes from a multi-cultural/lingual family from birth and in marriage. She always wanted to do something professionally that would afford her the privilege to see the world. Her career journey in compliance has delivered this gift to her.
Tricia Benn is the Chief Community Officer at C-Suite, a digital platform that focuses on providing growth development and networking opportunities for business executives. She is also the General Manager of The Hero Club, an invitation-only membership organization for CEOs, founders, and inventors. Tom Fox welcomes her to this week’s show as they discuss creating collaboration among leaders to build business growth.
C-Suite Network
C-Suite Network helps business leaders in growth development by creating an ecosystem of content creation and distribution, Tricia explains. It is a community of leaders motivating and inspiring each other on multiple levels. It is a values-based organization, with an emphasis on how leaders, investors, and businesses put people first. Before the pandemic, it was done via face-to-face seminars but has since then gone virtual. Tom comments that with this pivot, an explosion of content that hadn’t been available to leaders and businesses before has now become available.
The Principle of Success
“The principle of success is what you define it as,” Tricia says. She emphasizes that as a business leader you have to be clear about how you define success. Tom asks her to explain the other services that her companies offer. Tricia says that C-Suite and The Hero Club provide whatever tools are necessary for the support of a leader’s content creation. With the pandemic, a lot of businesses have gone virtual, and C-Suite and The Hero Club accommodate for that. The main focus is about facilitating the access and intelligence needed for content providers, as well as the platform, to allow for business leaders to activate virtually. Implementing diversity is also important, Tricia stresses. Servicing everyone, and appreciating everyone’s differences is essential to hero leadership.
The Lifeblood of Success
Innovation is the lifeblood of a business’ success. It means putting one foot in front of the other every day. Without innovation, there can be no growth, and you end up losing ground. It is important to keep adapting. As things change around us, so must our methods, approaches, and our business models to better serve the environment in which we live. Tricia emphasizes that with innovation, it is important to never let the people you serve feel the pain of what you are learning. You must only let them feel the gains of that learning.
Resources
C-Suite Network
Tricia Benn | Twitter, LinkedIn
