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Principled Podcast

Principled Podcast – S10E13: Are Ethics and Compliance Programs Too US-Centric?

What you’ll learn on this podcast episode

There is a lingering misconception that ethics and compliance programs are too US-centric, when in fact they are largely global in nature. What trends and best practices have emerged to underscore the growing reach of E&C? In an episode of the Corruption, Crime, and Compliance podcast, host Michael Volkov dives into the topic of program effectiveness with Susan Divers, director of thought leadership and best practices at LRN. Listen in as the two unpack the latest findings and best practices from the Global Standards Edition of LRN’s Ethics & Compliance Program Effectiveness Report. 

Download the LRN E&C Program Effectiveness Report – Global Standards Edition.

Guest: Susan Divers

Susan_Divers_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 & Compliance and Chief Ethics & 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 of the National Law Center of George Washington University. In 2011, 2012, 2013 and 2014 Ethisphere Magazine listed her as one the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards 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 veteran and university students and enjoys outdoor activities.

 

Host: Michael Volkov

Michael Volkov – Grayscale

Michael Volkov specializes in ethics and compliance, white collar defense, government investigations, and internal investigations. Michael devotes a significant portion of his practice to anti-corruption, sanctions, trade, antitrust, and AML compliance and defense. He regularly assists clients on FCPA, UK Bribery Act, AML, OFAC, Export-Import, Securities Fraud, and other issues.

Michael has extensive trial experience and has developed a problem-solving approach to serve client needs. He has extensive contacts in the federal government and on Capitol Hill. Given his broad government experience, he represents clients in federal and state court, before the Justice Department and other federal agencies, and on Capitol Hill. 

Prior to launching his own law firm, Mr. Volkov was a partner at LeClairRyan (2012-2013); Mayer Brown (2010-2012), Dickinson Wright (2008-2010); Deputy Assistant Attorney General in the Department of Justice (2008); Chief Counsel, Subcommittee on Crime, Terrorism and Homeland Security, House Judiciary Committee (2005-2008); and Counsel, Senate Judiciary Committee (2003-2005); Assistant US Attorney, United States Attorney’s Office for the District of Columbia (1989-2005); and a Trial Attorney, Antitrust Division, United States Department of Justice (1985-1989).

Mr. Volkov resides in Washington, D.C., San Diego, California, and Marsala, Italy, with his wife and six children. He and his wife enjoy traveling, the arts, and philanthropic activities. Mr. Volkov is an avid tennis player. 

 

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Blog

Assessing and Improving Corporate Culture Through the Culture Audit™

I am hugely pleased to announce a dynamic new tool for compliance professionals, the Culture Audit™ which is a software tool designed to help companies evaluate their corporate culture and identify areas for improvement. Developed by Sam Silverstein, founder of the Accountability Institute, the Culture Audit™ allows a compliance professional or any business to assess their corporate culture quickly and efficiently as mandated by the Department of Justice (DOJ). (Full disclosure-I do work for and with Sam Silverstein and the Accountability Institute.)

Beginning with the speech by Deputy Attorney General Lisa Monaco in October 2021, the recognized the need for companies to assess, manage, monitor and improve their corporate culture. This was memorialized in the 2023 update to the Evaluation of Corporate Compliance Programs (ECCP), announced in January 2023. In the ECCP, the DOJ asks these following questions how often and how does a company measure a culture of compliance? What are your hiring and incentive structures around compliance? What steps have you taken in response to your measurements of compliance?

All these questions posed by the DOJ lead to the requirement that every company needs to assess their culture, because the DOJ is going to do in any enforcement action or review. However, it can be done using the same compliance processes currently in place, as culture is just like any other risk. As a risk, it can be assessed. This is why the Culture Audit™ is such a game-changer in compliance as it provides you a software tool to perform that initial risk assessment. When you have assessed a risk, then you can start to put together a risk management strategy in place. With your culture strategy in place, you can train your employees on it and then monitor their performance, determining the results. From there you can improve your culture strategy as needed. But it all starts with a culture assessment, and that’s what the Culture Audit™ allows you to do.

The Culture Audit™ can be set to 20 languages, which makes this the best possible tool, not just for international companies, with offices around the world, but also those in places like in South Dakota, where there might be a production facility and there could actually be three or four languages spoken on the production floor. This allows all employees in an organization the opportunity to communicate, to provide the vital feedback, and makes this a very powerful tool.

The Culture Audit™ is simple for all employees to use as a link is provided used throughout the organization. Moreover, it is an anonymous survey. The Culture Audit™ does collect any specific Personal Identifiable Information (PII). The Culture Audit™ does not know who is responding, and there is no ability to track back to individual employees. This provides an environment where employees are free to share what they really think about the organization, what they really feel about what’s happening inside in their workplace culture.

The Culture Audit™ measures various aspects of a company’s culture, including compliance practices, hiring processes, and employee engagement. It generates a comprehensive report that highlights gaps and provides actionable steps for improvement. The tool is particularly beneficial for global organizations as it supports international language communication.

One key feature of the Culture Audit™ is its emphasis on auditability and transparency. In the event of a regulator’s inquiry, the Culture Audit™ provides a detailed report that can be shared to demonstrate the company’s commitment to assessing and improving its culture. The questions and the results are fully auditable. The raw data collected during the audit is also retained for future reference, allowing organizations to track their progress over time.

One of the key benefits of the Culture Audit™ is its ability to identify areas for improvement and provide actionable insights. The Culture Audit™ report includes an action plan that guides organizations on specific areas to focus on and steps to take for improvement. Silverstein emphasized that all companies should be either improving because they are underperforming or reinforcing what they are already good at. By continuously reinforcing positive aspects of their culture, organizations can prevent a decline over time.

The Culture Audit™ can also be a valuable tool for companies considering acquisitions. By using the tool to assess the culture of a potential target, companies can gain insights into the target’s values, ethics, and decision-making processes. This information can help inform the decision-making process and identify potential risks or areas of alignment.

The Culture Audit™ is a true game-changer in compliance as it provides organizations with a powerful tool to assess and improve their corporate culture. By measuring various aspects of culture, providing actionable insights, and emphasizing auditability and transparency, the Culture Audit™ helps organizations create a positive and productive workplace environment. With the increasing focus on corporate culture by regulators, the Culture Audit™ can also help companies demonstrate their commitment to ethical behavior and compliance. By utilizing this tool, organizations can drive better leadership, improve employee engagement, and ultimately enhance their bottom line.

Resources

Culture Audit

Set up a call to discuss the Culture Audit, click here

Categories
Adventures in Compliance

The Memoirs of Sherlock Holmes – The Adventure of The Resident Patient

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Memoirs of Sherlock Holmes.” They appeared in the Strand Magazine from December 1892 to December 1893. Over the next 12 episodes, I will be reviewing each story and mine them for leadership, compliance, and ethical lessons.  In this, we look at the story The Adventure of the Resident Patient. 

The Adventure of the Resident Patient” is a captivating Sherlock Holmes murder mystery that delves into themes of truth, justice, compliance, and personal responsibility. Tom Fox, a renowned Sherlock Holmes enthusiast, holds a positive perspective on this adventure. Fox’s appreciation for the story is deeply rooted in the compliance lessons it imparts, such as the importance of trust but verification, due diligence, and personal responsibility. Join Tom Fox in this episode of the Adventures of Sherlock Holmes podcast as he delves deeper into this intriguing investigation. 

Key Highlights

  • The Story
  • Due diligence in business partnerships
  • Trust but verify
  • Internal Reporting and speaking up
  • Role of Dr. Watson

Resources

The New Annotated Sherlock Holmes

Connect with Tom Fox

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FCPA Compliance Report

FCPA Compliance Report -The Culture Audit™ for Culture Assessments

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Sam Silverstein to talk about the new software product, The Culture Audit™ which allows a compliance professional to perform a culture assessment as required by the Department of Justice.

In the ever-evolving corporate world, the importance of assessing and improving corporate culture cannot be overstated. This is the focus of The Culture Audit™, a software tool that provides a comprehensive assessment of a company’s culture, identifying potential risks and areas for improvement, developed by Sam Silverstein and the Accountability Institute. Tom views The Culture Audit™ as a valuable tool, especially in light of the Department of Justice’s focus on corporate culture in white-collar enforcement actions. He sees culture as a risk that can be assessed, managed, and continuously improved.

Sam shares this perspective and with his extensive experience in accountability and leadership, he emphasizes the importance of regular culture assessments, which can lead to a better bottom line by fostering a culture of high ethics, employee engagement, and quality decision-making. To learn more about the Culture Audit and how it can benefit your organization, join Tom Fox and Sam Silverstein on this episode of the FCPA Compliance Report podcast.

 Key Highlights

  • Culture Assessment and Risk Identification Tool
  • Multilingual Communication Tool for Global Organizations
  • Creating a Data-Driven Workplace Culture
  • The Culture Audit™: Assessing and Improving Workplace Culture
  • Measuring Relational Commitments for Organizational Success

Resources

Culture Audit

Set up a call to discuss the Culture Audit, click here

Sam Silverstein and the Accountability Institute

Sam Silverstein on LinkedIn

 Tom Fox

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Facebook

YouTube

Twitter

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Data Analytics: Day 2 – Data-Driven Solutions for Compliance and Risk Management

In today’s rapidly evolving business landscape, compliance and risk management have become critical components of any successful organization. With the increasing complexity of regulations and the growing need for transparency, companies are turning to AI and data-driven solutions to enhance their compliance programs and mitigate risks. A key to this approach is the user adoption of AI-driven compliance tools.

AI and data-driven solutions have the potential to revolutionize compliance and risk management practices. By leveraging advanced analytics, machine learning, and automation, organizations can enhance decision-making processes, improve efficiency, and proactively address compliance risks. However, it is essential to prioritize user adoption, consider the impact on user experience, and strike a balance between automation and human judgment. With the right approach, AI and data-driven solutions can become valuable assets in the pursuit of effective compliance and risk management.

 Three key takeaways:

1. Compliance, risk management and corporate legal can all benefit from a data-driven approach to risk management.

2. By setting up alerts, compliance officers can be notified in real-time about potential risks or non-compliant activities.

3. There will always be the need for a balance between automation and human judgment.

For more information on this month’s sponsor KonaAI, check out their website, here.

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Daily Compliance News

Daily Compliance News: December 4, 2023 – The ABC as Weight Loss Program Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen 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.

Stories we are following in today’s edition:

  • Mallinckrodt escapes an SEC fine. (SEC)
  • Biden announces Supply Chain Task Force. (Bloomberg)
  • Holiday season=workplace romances? (FT)
  • ABC slims down Chinese fatcats. (The Guardian)
Categories
Corruption, Crime and Compliance

DOJ Settles FCPA Cases with Two UK- Based Reinsurance Companies

In the 300th episode of Crime, Corruption, and Compliance, Michael Volkov examines the recent FCPA settlements with two major UK reinsurance brokers – Tysers and H.W. Wood – for their involvement in a bribery scheme in Ecuador. The DOJ took an unorthodox approach by going after individual people before the companies. This helped them get cooperation and gather evidence, resulting in over $36 million in fines and forfeited money. However, it also highlights common issues in FCPA cases, such as a lack of supervision and effective controls that let corruption happen.

You’ll hear Michael discuss:

  • The settlements with Tysers ($36M fine + $10.5M forfeiture) and Wood ($508K fine + $2.3M forfeiture) resolve a multi-year FCPA investigation in Ecuador.
  • Several individuals were prosecuted first, including the chairman of two state-owned Ecuadorian insurance firms who pleaded guilty in 2020. This allowed the DOJ to build up cooperators and evidence.  
  • A third-party intermediary played an instrumental role, serving as the “glue” that coordinated all aspects of the scheme in exchange for significant profits.
  • Neither Tysers nor Wood voluntarily disclosed. Tysers received a 25% discount for cooperation and remediation; Wood’s fine was reduced to $508K based on inability to pay.  
  • The intermediary demanded a large split of commissions to funnel payments to officials, which Tysers and Wood accepted, triggering disputes among Tysers’ own employees. 
  • The parties used coded language and fake investment contracts to disguise corrupt payments to officials’ offshore accounts.
  • The lack of financial controls and oversight of third-party payment allocations enabled suspicious activity to occur unchecked. Massive “commissions” paid to intermediaries raised obvious red flags that went unheeded.
  • Going after individuals first and securing a declination for one company yielded major penalties for Tysers and Wood, proving the DOJ’s strategy highly effective.
  • The facts underscore the need for vigorous third-party due diligence and monitoring controls to detect and halt potential corruption.

KEY QUOTES

“DOJ has had a slow year in FCPA enforcement. Everybody knows that we may see a few more coming in the next few weeks before the end of the year…” – Michael Volkov

“Unlike most third-party FCPA cases, where a third party may be enlisted to further a bribery scheme by funneling payments directly to a foreign official, the intermediary in the Tysers and Wood cases played an instrumental role in arranging, managing and overseeing the bribery payments and overall scheme. The intermediary company truly operated as the glue that put together a large bribery operation from which it earned significant profits.” – Michael Volkov

“…the timing of the corporate individual resolutions is certainly a unique pattern for DOJ to execute on and certainly raises the prospect that we may see other cases where individuals get prosecuted first and then you see a corporate resolution coming towards the end. So DOJ clearly here built up a reservoir of cooperators and information and intelligence that resulted in them being able to impose significant penalties against Tysers and Wood.” – Michael Volkov

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group