Categories
Corruption, Crime and Compliance

Corficolombiana DOJ and SEC FCPA Settlements

When operations span across borders, navigating local regulations and ethical standards becomes even more crucial. As evidenced by Corficolombiana’s case, neglecting these measures can lead to hefty legal ramifications and significant economic repercussions. In this episode of Corruption, Crime and Compliance, Michael Volkov unravels the Corficolombiana and Group Aval scandal, shedding light on the importance of implementing and maintaining robust ethics and compliance programs for global companies.

You’ll hear Michael talk about:

  • Corfico is a subsidiary of the Colombian financial behemoth, Grupo Aval. The two entities agreed to substantial settlements with both the DOJ and SEC, stemming from allegations of a bribery scheme in Colombia.  
  • It emerged that Corfico had conspired with Odebrecht, a Brazilian construction firm, to pay around $23 million in bribes to influential Colombian government officials to clinch the project. The DOJ’s settlement with Odebrecht throws more light on the matter.
  • Corfico’s forthcoming cooperation with both DOJ and Colombian authorities demonstrated their intent to amend their ways.
  • Corfico embarked on extensive remedial measures, which the DOJ acknowledged and appreciated. This included a comprehensive root cause analysis and subsequent enhancements to their corporate governance and controls. 
  • Corfico also revamped its compliance program, introducing improved reporting, investigation, and disciplinary procedures and revisited its anti-corruption compliance program.
  • The DOJ extended a 30% fine reduction to Corfico, a significant reprieve. What stood out, however, was the decision against appointing an independent compliance monitor in this case. 
  • Such international scandals accentuate the risks that large projects in foreign lands pose. Drawing parallels with the ABB case, it’s clear that ethics and compliance are non-negotiables for global firms.

 

KEY QUOTES

“The DOJ credited Corfico’s cooperation, citing its production of facts obtained through the company’s internal investigation, making numerous detailed factual presentations that distilled certain key factual information producing documents that the government may not have been able to get access to because of foreign data privacy laws providing sworn testimony from Columbia.” – Michael Volkov

 

“Corfico promptly engaged in extensive remedial measures, including, among other things, conducting a root cause analysis of the bribery scheme identified during the internal investigation. Promptly took the actions to enhance its corporate governance and controls and joint venture entities as well as improved its oversight of noncontrolled joint ventures and investments, overhauled its compliance program… As a result of this, the DOJ awarded Corfico a 30% reduction off the bottom of the applicable guidelines fine range.” – Michael Volkov

 

“It’s always good to look at the underlying conduct, and imagine: If you’re working in a company, with your compliance program, would you have been able to detect this? How would your compliance program have prevented this from occurring?” – Michael Volkov

 

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Adventures in Compliance

Adventures in Compliance – Compliance Lessons from The Adventure of the Beryl Coronet

The story begins with a respected banker, Alexander Holder, who comes to Sherlock Holmes for help. Holder tells Holmes that he was entrusted by a client with a precious artifact, the Beryl Coronet, which is studded with valuable jewels. Holder, fearing the artifact might get stolen, took it home and locked it in his safe.

The following morning, Holder finds the coronet damaged, and three beryls are missing. Holder immediately suspects his son Arthur, as he was found with the artifact in the middle of the night in a frantic state. Although he claims innocence, Arthur refuses to provide any alibi. Holder, devastated and confused, seeks Holmes’ help in solving the mystery.

After examining the scene, Holmes infers that the intruder was an amateur. He notices footprints that lead to and from a garden window. Holmes suspects Arthur’s cousin, Mary, after discovering that she had been out walking late that night and received a sizable payment from a mysterious source.

Holmes eventually identifies the true culprit as Sir George Burnwell, a man of questionable character who had been romantically involved with Mary. Mary had been paying Burnwell to keep quiet about their relationship, using money she received from pawning her own jewelry.

Holmes manages to recover the stolen jewels from a pawnbroker. It is revealed that Arthur was indeed innocent and had taken the blame to protect Mary, whom he loved. The story concludes with Holder expressing relief at the solution, but also sorrow that Mary had been led astray by Burnwell.

Compliance Lessons 

Due Diligence: The plot revolves around a precious beryl coronet that is partially stolen. The owner, Mr. Holder, fails to exercise due diligence in securing the coronet, leading to the theft. This highlights the importance of thorough risk assessment and due diligence in compliance, particularly regarding asset security.

Confidentiality: The coronet is a state secret. Its value is immense, and it is given to Holder to be used as a security against a loan. This underscores the importance of safeguarding sensitive or proprietary information and the responsibility individuals and organizations have in maintaining confidentiality.

Insider Threat: The theft is carried out by a trusted individual within the household. This reflects real-world scenarios where individuals within an organization pose significant risks. It’s crucial to establish systems that can detect and prevent insider threats.

Crisis Preparation: Holder makes an immediate decision to approach Sherlock Holmes when the theft is discovered. This can be related to the crisis training that should be followed when a breach or issue is detected within an organization, including notifying the relevant authorities or consulting professionals to handle the situation. You should game out and plan your cyber breach responses.

Trust and Transparency: The conclusion of the story reveals a complex web of familial relationships and a severe lack of trust and transparency within the Holder household. This emphasizes the significance of fostering a culture of openness, trust, and transparency within an organization. Honest communication and transparency can prevent misunderstandings and miscommunication that might lead to non-compliance issues.

Unintended Consequences: The impulsiveness and rash decisions of characters in the story lead to unintended consequences, such as Arthur’s unjust imprisonment. This is a reminder that organizations must think through the potential outcomes of their actions, especially with regards to compliance and regulatory matters, to avoid unexpected negative impacts.

Resource

The New Annotated Sherlock Holmes

Categories
Blog

What is Corporate Culture?

Welcome to a special five-part blog series on building a stronger culture of compliance, sponsored by Diligent. In this series I will visit with Yvette Hollingsworth-Clark, Viktor Cuijak, Jessica Czeczuga; Michael Parker; and Alexander Cotoia. In this series, we will consider what is culture, how to assess culture, putting together a strategy to manage culture based upon this assessment, the monitoring of that strategy going forward and using information from your monitoring to engage in continuous improvement of your culture.

Many compliance professionals struggle with the ‘softness’ of culture. However, properly viewed culture can be seen as another type of risk for any organization. Viewed through this lens, culture can then be assessed, managed, monitored and improved as any other business risk. This has become even more important since the announcement in October 2021 by Deputy Attorney General Lisa Monaco, that the Department of Justice would assess corporate culture as a part of any corporate compliance enforcement action. In this Part 1, we ask what is culture with our special guest Yvette Hollingsworth-Clark.

Yvette currently holds the position of Chief Compliance Officer for State Street Corporation  and is on the Board of Directors at Diligent. With a robust background in risk management, Yvette has cultivated a deep understanding of the significance and measurement of corporate culture. She asserts that corporate culture should not be solely managed by the compliance function, but rather owned by the C-suite and executed in various forms. Yvette stressed the need for specific metrics to monitor and promote desired cultural values, such as integrity, and believes that culture can be measured through metrics such as the number of risk decisions overruled, challenged, or implemented correctly. She also highlighted the importance of considering stakeholders such as customers, clients, and third parties when assessing corporate culture.

Yvette emphasized that culture is not solely the responsibility of the compliance function but is owned by the C-suite and executed in various ways throughout the organization. CEOs have a significant role to play in driving corporate culture. They must lead by example, set expectations, and hold managers accountable for adhering to the desired cultural attributes.

One key aspect is the importance of tone from the top. Employees observe the behavior of their senior leaders and often mimic their actions. CEOs need to be conscious of the examples they set, both verbally and through their behavior. Fairness is also crucial in setting the culture of a company. Every decision made by senior leaders, regardless of their position, should demonstrate fairness and align with the desired culture.

The Board of Directors also plays a significant role in shaping and overseeing corporate culture. They need to understand how management defines culture and how ethical issues are managed within the organization. Yvette advises boards to think about the framework of culture more broadly, considering factors such as the company’s reputation to customers and other stakeholders, as well as the employee experience. It is essential to demonstrate how the organization is executing against the cultural attributes that are deemed positive for the company.

Assessing corporate culture is a complex task that requires a balance between art and science. While there are specific metrics that can be used to measure culture, such as risk decisions, policy violations, and disciplinary actions, it is important to anchor the assessment to the specific aspects of culture that are relevant to the organization. Yvette suggests using a suite of metrics that focus on risk excellence and positive indicators of culture, such as employee training, customer treatment, and incident handling.

One must always remember that assessing culture is not a one-size-fits-all approach. It requires organizations to be specific about what their data can answer and what it cannot. A culture assessment is still more of an art than a science, but it is crucial to have a clear understanding of the indicators that align with the organization’s desired culture.

In conclusion, corporate culture is of utmost importance in the financial services industry. It is not only the responsibility of the compliance function but is owned by the C-suite and executed throughout the organization. CEOs must lead by example and set expectations, while the board plays a significant role in shaping and overseeing culture. Assessing culture requires a balance between art and science, with organizations using specific metrics that align with their desired cultural attributes. By prioritizing and measuring culture, financial services organizations can create an environment that promotes ethical behavior, risk excellence, and positive outcomes for all stakeholders.

Join us tomorrow where we explore assessing organizational culture.

Tune into Yvette Hollingsworth-Clark on the Diligent-sponsored podcast series Unlocking Success: The Crucial Role of Culture in a Best Practices Compliance Program.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Written Standards: Day 10 – Policies and Procedures on Gifts and Business Entertainment

If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follow its prescriptions regarding gifts and business entertainment. However, there have been some notable FCPA enforcement actions in this area.
The 2012 FCPA Guidance clearly stated the FCPA does not ban gifts and entertainment. Indeed, it specified, “A small gift or token of esteem or gratitude is often an appropriate way for business people to display respect for each other. Some hallmarks of appropriate gift-giving are when the gift is given openly and transparently, properly recorded in the giver’s books and records, provided only to reflect esteem or gratitude, and permitted under local law. Items of nominal value, such as cab fare, reasonable meals and entertainment expenses, or company promotional items, are unlikely to improperly influence an official, and, as a result, are not, without more, items that have resulted in enforcement action by DOJ or SEC.”
These guidelines must be coupled with active training of all personnel, not only on a company’s compliance policy, but also on the corporate and individual consequences that may arise if the FCPA is violated regarding gifts and business entertainment. Lastly, it is imperative that all such gifts and business entertainment be properly recorded, as required by the books and records component of the FCPA.
And, as always, do not forget the gut check test.

Three key takeaways:

  1. Gifts and business entertainment continue to plague companies for compliance violations.
  2. The key is not the amount but of having a policy and procedure and following it.
  3. Always remember to record gifts and business entertainment expenses correctly.

For more information, check out The Compliance Handbook, 4th edition, here.

Categories
The Ethics Experts

Episode 158 – Anthony Palma

In this episode of The Ethics Experts, Nick welcomes Anthony Palma. Anthony M. Palma is a member of the faculty of the Fordham University School of Law and the Fordham University Gabelli Graduate School of Business Administration, with subject matter expertise in Business Ethics and Ethical Behavior, Global Corporate Compliance, Global Corporate Governance. He is a frequent speaker at various financial industry conferences on how ethical behavior demonstrated by corporate leaders and employees leads to a more successful and profitable enterprise.

Categories
Innovation in Compliance

Unlocking Success: The Crucial Role of Culture in Compliance: Part 1 – Yvette Hollingsworth – Clark on What is Culture?

Welcome to a special series on building a stronger culture of compliance through targeted and effective training sponsored by Diligent. I will visit with Yvette Hollingsworth-Clark, Viktor Culjak, Jessica Czeczuga, Michael Parker, and Alexander Cotoia in this series. Over this series, we will consider what culture is, how to assess culture, putting together a strategy to manage culture based upon this assessment, monitoring that strategy in the future, and using information from your monitoring to improve your culture continuously. In Part 1, we ask what culture is with our special guest, Yvette Hollingsworth-Clark.

Yvette Hollingsworth-Clark, a seasoned professional in the financial services industry, currently holds the position of Chief Compliance Officer for State Street Corporation. With a robust background in risk management, Yvette has cultivated a deep understanding of the significance and measurement of corporate culture in the financial sector. She asserts that corporate culture should not be solely managed by the compliance function but rather owned by the C-suite and executed in various forms. Yvette emphasizes the need for specific metrics to monitor and promote desired cultural values, such as integrity. She believes culture can be measured through metrics such as the number of risk decisions overruled, challenged, or implemented correctly. She also highlights the importance of considering stakeholders such as customers, clients, and third parties when assessing corporate culture. Join Tom Fox and Yvette Hollingsworth-Clark on this episode to delve deeper into this topic.

Key Highlights:

  • Measuring and Managing Corporate Culture in Finance
  • Shaping Corporate Culture: Board’s Key Role
  • The Nuances of Assessing Organizational Culture

Ready for Purpose-Driven Compliance? Diligent equips leaders with the tools to build, monitor, and maintain an open, transparent ethics and compliance culture. For more information and to book a demo, visit Diligent.com

Join us tomorrow, where we consider how to assess your culture.

Categories
Daily Compliance News

Daily Compliance News: September 18, 2023 – The Texas is Open for Business 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.

  • Singapore AML corruption case reaches $1.2bn?  (South China Morning Post)
  • Jann Wenner ousted from Rock HOF Board. (WSJ)
  • Head of China military under investigation for corruption. (Reuters)
  • Texas AG acquitted of corruption. (Texas Tribune)
Categories
FCPA Compliance Report

FCPA Compliance Report – Carlos Villagrán Muñoz on Implementing Effective Compliance Programs in Latin America

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Carlos Villagrán Muñoz, Chief Compliance Officer at CMPC in Chile. We discuss operationalizing compliance at CMPC and in Latin America.

Carlos Villagrán Muñoz is a seasoned Chilean attorney with considerable experience in implementing and advancing compliance programs in Latin America. His perspective on the subject is shaped by his extensive experience and understanding of the unique challenges in the region. Carlos identifies two major hurdles in implementing effective compliance programs in Latin America: the need to tailor programs to both global and local contexts due to cultural nuances and differing perceptions of corruption and the pressing issue of money laundering, fueled by illegal activities such as corruption, drug trafficking, and human trafficking. He believes that Latin America lags in anti-money laundering efforts, which are crucial in combating corruption, and advocates for compliance programs that address these issues while considering cultural differences. Join Tom Fox and Carlos Villagrán Muñoz as they delve deeper into these topics and more in this episode of the FCPA Compliance Report podcast.

 Key Highlights

·      CMPC’s Compliance Program Addressing Antitrust Infringement

·      Navigating Cultural Nuances and Money Laundering: Compliance Challenges in Latin America

·      CMPC’s Comprehensive Compliance Training Program

·      The Rise of Technologically Savvy Compliance Experts in Chile

·      Dynamic Networking Opportunities for Compliance Professionals

Resources

Carlos Villagrán Muñoz on LinkedIn

The FinCEN Report Company

Tom Fox

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