Day: July 10, 2023

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The Ethics Experts

Episode 150 – Karen Moore

In this episode of The Ethics Experts, Nick welcomes Karen Moore. Karen Moore is the chief compliance officer and privacy counsel for Unisys Corporation, a multinational information technology and services company. She held similar positions at Inchcape Shipping Services, Nasdaq, and Philip Morris International. She started her legal career with a clerkship at the U.S. Court of International Trade and as an associate and then local partner with the global law firm Baker & McKenzie. Currently working in the Washington, D.C., metro area, Professor Moore has also lived and worked in Moscow, Russia, and Lausanne, Switzerland. She is a member of the New York Bar and holds a BA from Middlebury College and a JD from Emory University.

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Principled Podcast

Principled Podcast – S9 E20 – What You Measure is What Matters: Training Effectiveness at Dell

What you’ll learn on this podcast episode

Does learning actually occur as a result of ethics and compliance training, or are employees just paying lip service when they take courses? How can you tell the difference? Today, the E&C community is focused on program impact and effectiveness rather than checking boxes—in part because regulators have made it clear that E&C programs must show impact from their activities. On the season 9 finale of the Principled Podcast, Susan Divers discusses how compliance teams can ensure they’re getting the right insights to improve their programs with Kristi Kevern, the senior managing director at Dell Technologies. Listen in as Kristi shares how her team collects and analyzes data to manage better and enhance Dell’s E&C program, particularly in the training area.
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Guest: Kristi Kevern

Kristi Kevern – Grayscale

Kristi Kevern is an innovative thought leader with 20+ years of experience in internal control design, implementation, management, and assurance. At Dell Technologies, Kristi drives enterprise-wide risk management and governance activities, conceptualizes and implements global programs aimed at mitigating FCPA, AML, SOX, ESG, and other key risks, turns findings into fixes with post-investigation remediation, and experiments with AI and ML for further prevention and insights using data. Prior to Dell, Kristi served as a founding member of the Coca-Cola Company’s Ethics Office, where she investigated allegations of fraud and served as an ethics advisor to the credit union. As a former Big 4 manager at PricewaterhouseCoopers LLP, Kristi led assurance and attestation engagements for Fortune 500+ clients. Kristi is a recipient of TRACE International’s Innovation Award, and she has led Dell Technologies to an Ethisphere World’s Most Ethical Company designation 10 times. She is the membership chair of the Conference Board’s Global Business Conduct Council and a frequent speaker at conferences and universities. Kristi graduated with honors from Auburn University and is a Certified Public Accountant residing in Austin, Texas.

Host: Susan Divers

Headshot_Susan_Divers_S7E18_Principled_Podcast

Susan Divers is a senior advisor with LRN Corporation. In that capacity, Ms. Divers brings her 30+ years’ accomplishments and experience in the ethics and compliance area to LRN partners and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics and Compliance and Chief Ethics and Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Mrs. Divers’ background includes more than thirty years’ experience practicing law in these areas. Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath, & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington, D.C., and the National Law Center of George Washington University. In 2011, 2012, 2013, and 2014, Ethisphere Magazine listed her as one of the “Attorneys Who Matter” in the ethics and compliance area. She is a member of the Advisory Board of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005–2008.

She resides in Northern Virginia and is a frequent speaker, writer, and commentator on ethics and compliance topics. Mrs. Divers’ most recent publication is “Balancing Best Practices and Reality in Compliance,” published by Compliance Week in February 2015. In her spare time, she mentors veterans and university students and enjoys outdoor activities.

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Blog

Mastering ChatGPT: Introduction to ChatGPT

In this blog post series, a companion to the five part podcast series on Compliance and AI of the same name, I explore how the compliance professional and business executive can think through ChatGPT as a business tool. In this Part 1 of a 5-part blog post series, you learn how  to harness the power of ChatGPT while addressing potential pain points in AI implementation, including ethical considerations and achieving a balance between human creativity and AI assistance. My special guest in this is Larry Roberts, founder and CEO of Red Hat Media.

Roberts is a distinctive voice in the IT and AI sphere, he boasts an extensive 25-year corporate career during which he has made significant contributions in training and business intelligence. His strength lies in his data analysis skills, which he honed using predictive analytics early in his career. In 2021,  shifted his focus from the corporate sector to content creation and podcasting, which eventually led him to explore the potential of ChatGPT. Roberts’ experience combined with his relentless endeavor to understand and unfold the mystique around data models and large language models sets him apart as a thought leader in the AI domain.

Chat GPT Architecture

 Chat GPT is a sophisticated language model that relies on a massive body of text for its training. Behaviour patterns learned allow it to interact conversationally and assist with text-oriented tasks. Its impressive capabilities are derived from extensive linguistic data and customized tuning aligns with specific purposes such as education, creativity, and collaboration. An intriguing aspect worth noting is its reliance on human interaction and feedback. The process of predicting responses by choosing the next logical word in a sequence relies heavily on conversational input from users, leading to improved model accuracy over time.  Roberts noted that Chat GPT’s architecture is fascinating, particularly its learning mechanism dependent on human interactions. The extensive training facilitates improved accuracy in recognizing patterns to predict the most plausible next word in a sequence. Roberts emphasis was on the versatility of Chat GPT’s structure being suitable for various purposes like education or creativity, underscoring its invaluable contribution to different fields.

Chat GPT and Education

Embracing an era shaped by artificial intelligence and advanced technologies, developers, enthusiasts and even novices have access to powerful tools like ChatGPT. This tool, emerging from a sophisticated language model, embodies the capacity to turn raw data into an interactive dialogue that can vary in purpose from education to creativity. For those navigating the realm of education, exploring the potential applications of ChatGPT could prove illuminating.   Roberts illustrated how this model assimilates knowledge and enhances its capabilities through continuous interaction and feedback. The substantial applications it presents within the educational landscape become apparent when considering its skillset

ChatGPT and Research

Contextualizing the utilization of ChatGPT for academic research, we anchor at the core functionality of this AI model. It is an interactive conversational model that generates text, simulates human-like conversation, or fulfills a task based on the information fed to it. Built on a large language model, it amasses extensive textual data, harnessing vast amounts of information from different sources which become part of its knowledge repository. This endows the model with a significant ability to understand and generate productive responses, forming the backbone of its application in the educational research domain.

 The Future of AI Development

 Looking ahead, AI technology advancements hint at a future with multimodal capabilities. Anticipated features like being able to upload images and query specific aspects will add another dimension to AI interaction. Discussing the future also means considering the ethical implications of rapidly advancing technology, a key consideration being how it contributes to Artificial General Intelligence (AGI).  Roberts touched upon the topic of AI’s future by acknowledging its evolving capabilities. He specifically mentioned GPT-4’s understanding of images as a significant forward stride. However, he urged all to be mindful of the ethical implications involved in AI advancement. His emphasis rested on assessing the benefit-risk ratio, particularly concerning the drive towards AGI.

In this blog, we delved into the various aspects of ChatGPT, examining its strengths and limitations. By gaining a closer look at ChatGPT, we have acquired the knowledge and understanding necessary to harness its potential effectively. Armed with this information, we can now navigate the complexities of AI development with greater confidence and expertise. Join us tomorrow where we consider ethical implications of ChatGPT.

For more information on Larry Roberts, check out Red Hat Media.

Categories
31 Days to More Effective Compliance Programs

One Month to Better Reporting and Investigations – Internal Reporting System Best Practices

What are some best practices regarding an internal reporting system? The 2012 FCPA Guidance stated, “An effective compliance program should include a mechanism for an organization’s employees and others to report suspected or actual misconduct or violations of the company’s policies on a confidential basis and without fear of retaliation.” The 2019 Guidance further refined this basic requirement for a hotline with inquiries into the effectiveness of your corporate hotline, asking, “Effectiveness of the Reporting Mechanism – Does the company have an anonymous reporting mechanism, and, if not, why not?  How is the reporting mechanism publicized to the company’s employees?  Has it been used?  How has the company assessed the seriousness of the allegations it received?  Has the compliance function had full access to reporting and investigative information?” In this podcast, we detail some of the key best practices.

Three key takeaways:

  1. Get the word out to your employees about your company hotline through a variety of mediums and platforms.
  2. Train your employees on the use of the hotline.
  3. Use data from your hotline to continually update and improve your compliance program.
Categories
Adventures in Compliance

Adventures in Compliance – Leadership Lessons from The Red-Headed League

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Adventures of Sherlock Holmes.” The appeared in the Strand Magazine from July 1891 to June 1892. Over the 12 episodes, I will be reviewing each story and mine them for leadership, compliance and ethical lessons. “The Red-Headed League” was published in Strand Magazine in July 1891.

Summary

The story revolves around a peculiar organization called the Red-Headed League, which captivates the attention of Holmes and his assistant, Dr. John Watson.Jabez Wilson, a red-headed pawnbroker, seeks the help of Holmes after his temporary job with the Red-Headed League abruptly ends. Wilson had been enticed by an advertisement offering well-paid work exclusively to red-headed men. Curious about the strange circumstances, Holmes agrees to investigate.

Upon examining the case, Holmes discovers that the Red-Headed League is a clever ruse devised by a criminal mastermind named John Clay. Clay, aided by his accomplice, Vincent Spaulding, a disguised assistant at Wilson’s pawnshop, had lured Wilson away from his shop to create a distraction.

Meanwhile, Clay planned to tunnel into the bank vault located next to the pawnshop to carry out a major robbery. However, Holmes foils the plan just in time, capturing Clay and preventing the theft. Holmes reveals the intricate details behind the crime and the motives of the criminals.

“The Red-Headed League” showcases Holmes’ exceptional deductive reasoning and his ability to solve seemingly complex mysteries by observing small details. The story also highlights the cleverness and audacity of criminals who employ elaborate schemes to carry out their illegal activities.

Leadership Lessons

1.         Pay attention to details: In the story, Sherlock Holmes was able to solve the case by paying close attention to small details, such as the unusual requirement of red hair for the members of the Red-Headed League. Leaders should also be detail-oriented and not overlook anything that seems insignificant, as it may hold valuable information.

2.         Be skeptical: Holmes was skeptical of the League from the start and investigated further, even when others didn’t see any reason to be concerned. Leaders should also be skeptical of seemingly too good to be true opportunities and should do their due diligence to verify their legitimacy.

3.         Think outside the box: Holmes used his unique and innovative thinking to solve the case and uncover the true motives of the criminals behind the League. Leaders should also encourage creative thinking and be open to new ideas and approaches to problem-solving.

4.         Work with a team: Holmes worked with Dr. John Watson to solve the case, and their teamwork allowed them to uncover the truth faster. Leaders should also value the importance of teamwork and collaboration and should foster a positive and supportive working environment.

5.         Trust your instincts: Holmes trusted his instincts and followed his gut feelings, even when the evidence didn’t seem to support his conclusions. Leaders should also trust their instincts and be confident in their decisions, if they are based on sound reasoning and evidence.

Resources

The New Annotated Sherlock Holmes

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Compliance and AI

Mastering ChatGPT: Part 1 – From AI Language Models to ChatGPT

Welcome to a special five part podcast series on mastering ChatGPT. My special guest throughout this journey is Larry Roberts, an accomplished professional with over 25 years of multifaceted experience. Having initiated his career in the corporate training sphere, he exhibited a remarkable shift to IT, contributing greatly as a Business Intelligence Analyst. His proficiency lies in harnessing predictive analytics for inventory and sales projections, which led him to tap into the realm of AI. In 2021, Larry chose to cozy up with podcasting and content creation. His tryst with ChatGPT began in November the same year and he has been fully engrossed with it since then. His insights into data models, large language models, and his overall passion for AI are certain to illuminate any forum. In this Episode 1, we look at AI language models up to ChatGPT.

In the era of digital transformation, educational practices are undergoing significant changes, not least due to tools like ChatGPT. This AI model has the potential to revolutionize research and knowledge acquisition, making these processes more efficient and engaging. For AI enthusiasts and developers, grasping the practical application of ChatGPT in education could provide a fresh perspective on AI integration, fostering growth in their personal and professional endeavors. Harnessing the power of ChatGPT is more than just an exploration of technological advancements—it is a step towards reshaping the future of education.

In this episode, you will be able to:

·      Explore the fascinating world of Artificial Intelligence advancements and their far-reaching consequences.

·      Ascertain the transformative role of open-source AI applications and APIs in the tech universe.

·      Appreciate the synergy between collaboration and innovation in catalyzing AI development.

·      Grasp the ethical concerns enveloping AI usage and the corrective measures needed.

·      Unearth the exciting future prospects of AI featuring Chat GPT, Ethical AI, and their conscientious application.

Key Highlights

·      Chat GPT Architecture

·      Text Generation

·      Chat GPT as a Writing Assistant

·      Chat GPT in Education and Communication

·      Future of Chat GPT

·      The Future of AI Development

Resources

Larry Roberts

Larry Roberts on LinkedIn

Red Hat Media        

Tom Fox

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YouTube

Twitter

LinkedIn

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FCPA Compliance Report

FCPA Compliance Report: Jen Hoar – Uncovering Executive Risk: Corporate Intelligence

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Jen Hoar, a corporate intelligence specialist to the podcast to discuss the use of corporate intelligence as a part of a risk management strategy, this podcast episode explored the importance of conducting thorough background checks on potential executives. Tom and Jen discussed the need to ask questions to gain a better understanding of the person’s style and how they interact with their team, peers, board, and investors. They also discussed the importance of disclosure and anonymity when conducting such inquiries, as well as the need to conduct independent third-party vetting of an individual’s reputation before investing in them. Finally, they discussed the use of corporate intelligence to shape a client’s relationship with an executive and the need to assess the potential risks of hiring an executive before becoming emotionally, financially, and reputationally invested in the deal. 

Key Highlights

·      Executive Risk

·      Investigating Executives

·      People Show Who They Are

·      Reputation Checking

·      Corporate Intelligence

Resources

Jen Hoar on LinkedIn

Forward Risk

Tom Fox

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Categories
Corruption, Crime and Compliance

Healthcare Compliance and Fraud

In this eye-opening episode of Corruption, Crime and Compliance, Michael Volkov takes a deep dive into the world of healthcare compliance and fraud. He explores the history, the transformation, and the unique challenges of healthcare compliance. He also sheds light on the alarming rate of fraud in the healthcare industry and the efforts to combat it.

You’ll hear him discuss:

  • Compliance in healthcare traces back to the 1990s. Its rise is largely due to aggressive federal enforcement programs and increasing regulation.
  • Four significant trends in healthcare compliance include: 
    • Rising consumer demand, escalating prices, and increasing regulation during the era of HMO controversies.
    • The DOJ’s use of criminal tools and prosecutions to combat healthcare fraud and circumvent government regulations.
    • The growing importance of the False Claims Act as an enforcement tool.
    • The establishment of a robust regulatory enforcement regime through the Center for Medicare Services and the HHS-OIG.
  • As the healthcare industry comes increasingly under federal government regulation and control, the risks of healthcare fraud are escalating. Despite the development of proactive compliance programs, the industry struggles to keep pace with the level of fraud, waste, and abuse.
  • Beyond the traditional elements of compliance programs, the healthcare industry faces unique challenges. These include managing interactions with physicians, ensuring data privacy, avoiding the employment of ineligible persons, and navigating the complexities of billing, coding, and overpayments.
  • The False Claims Act poses a significant risk for healthcare providers, with nearly 99% of all cases each year immediately settled. The Act has been applied beyond billing and reimbursement issues to include false representations incorporated into a product or a drug.
  • The DOJ regularly conducts nationwide crackdowns on healthcare fraud, arresting numerous defendants involved in healthcare fraud and opioid abuse schemes. A growing area of concern is telemedicine fraud, which has seen a surge with the rise of remote work during the pandemic.

 

KEY QUOTES:

“Healthcare is becoming increasingly under federal government regulation and control. And as this occurs, the federal healthcare risks of fraud are going to be increasing significantly. Private insurance companies are also experiencing continuous growth of fraud and the healthcare industry is really developing proactive compliance programs, but they struggle to keep up with the level of fraud, waste, and abuse that they sort of have to pursue.” – Michael Volkov

 

“…one of the most significant risk areas is physician interactions.” – Michael Vokov

 

“Nearly 99% of all False Claims Act cases each year where the government decides to intervene are immediately settled.” – Michael Volkov

 

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Daily Compliance News

Daily Compliance News: July 10, 2023 – The Meta, Threads and Anti-trust Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • Labor Party to back global ABC court. (The Guardian)
  • Chinese ABC probe moves to an advanced stage. (FT)
  • Did a sheriff’s corruption lead to a mass shooting? (Houston Chronicle)
  • Meta, Threads, and anti-trust. (NYT)
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All Things Investigations

All Things Investigations: Episode 30 – The Convergence of ABC, AML and Export Controls with Mike Huneke and Jan Dunin-Wasowicz

Mike Huneke and Jan Dunin-Wasowicz join Tom Fox on this episode of All Things Investigation, to shed light on key ideas and challenges faced by companies and compliance professionals in the evolving landscape of trade sanctions and anti-corruption compliance. They explore the shift from traditional know-your-customer (KYC) practices to a more comprehensive anti-corruption mindset, the impact of sanctions on various sectors in Europe as well as the convergence of anti-evasion practices. Focusing on the recent emphasis on trade sanctions and their impact on global business, Mike and Jan offer valuable insights and practical guidance for companies navigating these complex regulatory landscapes.

Mike Huneke and Jan Dunin-Wasowicz are partners at Hughes Hubbard and Reed. They are both anti-corruption lawyers with a passion for bridging the gap between ABC and trade sanctions compliance. Mike and Jan provide valuable expertise to companies seeking to align their risk management strategies with the evolving regulatory landscape.

You’ll hear Tom, Mike and Jan discuss:

  • The impact of the Russian invasion of Ukraine and the subsequent trade sanctions imposed by the US and Europe.
  • Companies need to move beyond traditional KYC analysis and adopt an anti-corruption mindset when dealing with trade sanctions compliance. Mike emphasizes that this shift requires companies to proactively identify and address high-risk countries, red flags, and evasion techniques.
  • The challenges posed by sophisticated evasion schemes and the importance of adopting a holistic approach that combines the expertise of anticorruption and export controls teams.
  • A new geography of sanctions risks has emerged, with companies having to navigate potential risks not only directly linked to Russia but also arising from the global ripple effects. It’s therefore important to incorporate a dynamic and flexible framework that can adapt to changing geopolitical dynamics and future risks beyond the current focus on Russia.
  • Jan points out that with the imposition of Russian sanctions, entire segments of the European economy are affected by controls and measures. This extends beyond financial institutions and requires operators in different sectors to learn about and navigate sanctions compliance, leading to a steep learning curve.
  • In-house compliance departments need to address trade sanctions risks, with a focus on collaboration between anti-corruption and export controls teams to identify and address the highest risks of evasion.
  • The convergence of anti-corruption and trade sanctions compliance: The focus is on combating evasion techniques, such as the use of third parties and assessing risks to prevent bribery and sanctions violations.
  • Compliance professionals and companies face increasing pressure and find themselves in complex situations. The goal is to develop frameworks and methods that help professionals navigate and operate in a world that is becoming more complicated by the day.

 

KEY QUOTES:

“KYC is dead, and you have to apply an anti-corruption mindset to trade sanctions compliance.” – Mike Huneke

“If those two teams work together, I think you can identify very defensible and well-documented ways to identify what are the highest risks of evasion and then taking that skepticism and maybe paranoia that we develop in the anticorruption space and applying it to those select transactions.” – Mike Huneke

“Two-thirds of the world population live in countries that haven’t imposed sanctions on Russia or simply don’t really care for the sanctions in Russia.” – Jan Dunin-Wasowicz

“The goal here, really, in this exercise is to formulate a framework, formulate a method to look at this problem, to make the life of an in-house lawyer compliance professional a little easier.” – Jan Dunin-Wasowicz 

 

Resources:

Hughes Hubbard & Reed website

Mike Huneke on LinkedIn

Jan Dunin-Wasowicz on LinkedIn