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The Compliance Life

Stephen Martin – Three Troubled Companies

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 Stephen Martin, CCO at Skillsoft on his path to the CCO Chair.

From the federal government Martin went on work at three of the most troubled companies in the first decade of the new century; WorldCom, Quest and Adelphia. Martin has some wild stories about his work to under cover corporate fraud at WorldCom, working to remediate a corrupt organization while at Quest and negotiating to same Adelphia with the DOJ.

Resources

Stephen Martin LinkedIn Profile

Categories
Blog

Compliance Lessons from the World Series: Part 2 – Trey Mancini; Defense in a Best Practices Compliance Program

We continue our celebration of the Houston Astros winning the 2022 World Series by considering defense in baseball and prevention and detection in a best practices compliance program. According to Stephanie Apstein, writing in SI.com, the situation was in Game 5 in Philadelphia with the following, “Righty Rafael Montero walked two of the first three men he faced, then allowed a single to Jean Segura to plate a run and bring the game within one. Closer Ryan Pressly struck out Brandon Marsh on three pitches to bring up left-handed left fielder Kyle Schwarber, one of the Phillies’ most fearsome hitters.”

With two Philly baserunners on and a 2-2 count in the 8th inning, “Schwarber drilled a rocket, straight at the baseline. Mancini leaned to his right, snared it and, toppling over, stomped his left foot on the base for the out. He looked more like a catcher or a hockey goalie than a first baseman, the textbook approach on a ball like that. If he’d been two steps off the bag, he would not have caught it. “The ball was hit that hard,” Espada said. Instead, inning over. Rally over. Espada smothered him with a hug once he returned to the dugout.” Mancini’s stop save at least one and more probably two runs from coming home to score.

Up until that point, Mancini was hitting a big fat ZERO for the World Series. The only reason he was in the game in such a crucial time was the starting 3rd baseman, Yuli Gurriel, had been injured in the prior inning. Mancini had only played at first base in 30 games in 2022 and had not played the position in a game in nearly 30 days. Yet here he was on the biggest stage, near the end of the game with the Astros clinging to a 3-2 lead, making the biggest play of his career. Mancini said, “I just tackled it, basically.” Apstein went on to note, “He added that given the stakes, this had to have been the best play of his career. “I don’t know how many highlight reel plays I have on defense,” he said, laughing. “Probably not too many.”” (Check out herefor a video of the play.)

Part of Mancini’s story which makes all this much more poignant was that in 2020, when he was 28, Mancini was diagnosed with colon cancer, underwent surgery to have a malignant tumor removed and had chemotherapy. He recovered sufficiently to come back and play in the 2021 season where he was awarded the American League Comeback Player of the Year.

There was another great defensive play from Game 5 that I must mention, which was the catch off the centerfield wall by Chas McCormick in the 9th inning. Alden Gonzales, writing in ESPN, said “The Phillies were down to their final two outs, and their superstar catcher stayed back on a 1-1, outside-corner slider and hit an opposite-field drive that seemed primed for extra bases.” But McCormick, who grew up a Phillies fan made the catch, bounced off the wall and held on to the baseball as he fell backwards. Gonzales called it “one of the most memorable and important in baseball history.” (Check it out here.)

What does all this great defense mean for your compliance program? Just as in baseball, you have to hit, play defense and pitch; every best practices compliance program consists of three parts; prevention, detection and remediation. These three both interact and act separately to fulfill the obligations of a compliance program. One of the best explanations of this tripartite formulation is Paul McNulty’s three maxims of a Foreign Corrupt Practices Act (FCPA) compliance program: 1) What did you do to prevent it?; 2) What did you do to detect it?; and 3) What did you do to remedy it? Just as each prong can stand alone or in concert with the other two, each one of McNulty’s Maxim’s can be asked alone or together with one or more of the other two. For instance, while many compliance professions generally think of internal controls component of a minimum best practices FCPA compliance program and they applied to Maxim 2, detection; they also act to comport with Maxim 1. As a specific focus is needed to ensure there are control procedures in place to ensure compliance with Maxim 1, prevention.

How did that play out in Game 5? According to Apstein, Astro Bench Coach Joe Espada “got Mancini’s attention and motioned for him to move two steps closer to the bag. They needed to prevent a double—Segura is fast enough to score from first and give the Phillies the lead—and they knew Schwarber would try to pull a ball for a home run. “I saw the spin on Pressly,” Espada said, “So I’m like, ‘Dude, just stay on that line.’” In other words, because of the detect component, the prevent component saved at least two runs and the game.

Join me tomorrow as I explore the Astros Manager Dusty Baker and leadership lessons.

Categories
Creativity and Compliance

Corporate Compliance and Ethics Week, Part 2-Talk Shows

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this episode, Ronnie and Tom continue our five-part series on creative ideas you can use during Corporate Compliance and Ethics Week 2022.

In this Part 2, we discuss using talk shows to communicate about compliance. In this episode, we consider how you can create a compliance and integrity-themed Talk Show to help foster greater communication with your employee base. Tom and Ronnie agree that Corporate Compliance and Ethics Week initiatives must be followed up throughout the year.

Some of the ideas include:

§  A talk show hosted an interview with Ethics Officer and Leadership.

§  A Letterman-type talk show complete with Top-10 lists and desk bits.

§ Use Improv Performance to emphasize your Core Values around integrity, compliance, ethics, and corporate culture.

§  You can do a show live or recorded but remember to avoid talking head.

§  Finally, it can be dialogues or monologues.

Resources:

Ronnie Feldman (LinkedIn)

Learnings & Entertainments (LinkedIn)

Ronnie Feldman (Twitter)

Learnings & Entertainments (Website)

60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials,” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline, and the E&C team as helpful advisors and coaches.

Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show that explains corporate risk topics and why employees should care.

Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.

Categories
Innovation in Compliance

The Many Marketing Uses of Podcasts with Jay Rosen

Jay Rosen is the Vice President of Business Development at Affiliated Monitors, Inc., a company that helps businesses face certain types of ethics and compliance challenges. Tom Fox and Jay talk about the power of podcasting as a new component of marketing for Affiliated Monitors in this week’s show. 

 

 

Getting The Message Out

Tom asks Jay to elaborate on how he’s been able to help people within his organization become more comfortable with having short and direct messages to send out about Affiliated Monitors. “My message – and our message internally to our folks – is that they are just so well versed and so talented, there’s nothing to be afraid of,” Jay says. He adds that they are removing barriers of entry and letting employees know that no matter what level of staff they’re at, they have a story to tell. “Personalize your experience at AMI, and that enthusiasm will come through to the people who want to watch.”

 

The Beauty of Evergreen

Jay talks about previous podcast series he’s had with Tom and explains that AMI was able to evolve its thinking around podcasts because the previous series was evergreen. The beauty of evergreen podcast content is that you’re able to repurpose it, repackage it, and use it in your target marketing. “It exists on the AMI website, and it’s still valuable content as well as an incredibly cost-effective tool for you because if you want to slice and dice something you did a couple of years ago in a different way, for a different reason, today, it doesn’t cost you anything but your time,” Tom adds. 

 

Podcasts As a Channel Tool

A podcast you make lives somewhere, such as your website or Apple Podcast. Your podcast connects you digitally to people you’ve never met in person and that’s a powerful networking tool. You’re connecting companies and services. 

 

Resources

Jay Rosen | LinkedIn | Twitter 

Affiliated Monitors, Inc

Podcast for Business 

 

Categories
Daily Compliance News

November 8, 2022 the Sick Man Of Europe Edition

In today’s edition of Daily Compliance News:

  • Corruption lawsuit filed against Governor of Oklahoma. (Fox25)
  • Haitian President and PM sanctioned for corruption by US & Canada. (Al Jazeera)
  • What went wrong in Britain. (Politico)
  • Corruption in the state of Texas government. (Houston Chronicle)