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The Ethics Experts

Episode 174 – Bob Chaput

In this episode of The Ethics Experts, Giovanni welcomes Bob Chaput, NACD.DC

As author of ‘Enterprise Cyber Risk Management as A Value Creator’, Bob illuminates essential insights into Enterprise Cyber Risk Management (ECRM) for CISOs, C-suite executives, and board members in all industries. He is also the Founder and Executive Chairman of Clearwater, a leading provider of cybersecurity, cyber risk management and compliance software, consulting, and managed services.

LinkedIn: https://www.linkedin.com/in/bobchaput/
Personal Website: https://bobchaput.com/
Book link: https://bobchaput.com/#enterprise-cyber-risk-management-as-a-value-creator

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Culture Crafters

Culture Crafters – Turning Around a Toxic Culture: Part 1 – The Problem

Boeing has recently seen one of the most public meltdowns over corporate culture. In 2024 alone, there have been multiple incidents, allegations, and reports about the company in the public arena. The company is under investigation by numerous governmental agencies. Several news organizations have reported a ‘toxic’ culture at the company, and there are ripples throughout the worldwide aviation industry. In such a situation, the question for any organization is how it thinks about turning around its culture. In this special five-part podcast series, Sam Silverstein, the most trusted voice in America on accountability, and Tom Fox, the Voice of Compliance, look at the ways a company in the depths of such a situation can plan out and take concrete steps to turn around and rebuild its culture. In Part 1, we consider the steps that led Boeing to the current state of its corporate culture.

A culture does not go toxic overnight. There are always multiple steps, roads taken (or perhaps not taken), and sometimes years for the toxicity to manifest itself. The cultural problems of Boeing can be traced back to its 1997 merger with McDonnell Douglas, which has since manifested in significant safety and quality issues. This issue highlights the importance of prioritizing quality over stock performance, a lesson to be learned for the future of the commercial airline industry. The root of Boeing’s problems lies in this shift in culture post-merger, from a quality-driven ethos to a profit-centered one, leading to a compromising situation for safety and quality. The company needs a cultural transformation that values quality, safety, and employee feedback for an improved company reputation. Silverstein highlights that the company’s cultural problem stems from a shift towards short-term financial gains after the merger. Drawing on his expertise in accountability, Silverstein underlines the importance of a culture that values quality, safety, and open communication, which is vital for attracting top talent, enhancing productivity, and, ultimately, maximizing profitability.

Key Highlights:

  • Shift in Boeing’s Prioritization Towards Stock Performance
  • Impact of Culture on Mergers and Acquisitions
  • Workplace Culture’s Influence on Business Outcomes

Resources:

 Sam Silverstein

Sam Silverstein on LinkedIn

Sam Silverstein

The Culture Audit™

Tom Fox

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Facebook

YouTube

Twitter

LinkedIn

Categories
Corruption, Crime and Compliance

Deep Dive into SCG Plastics’ $20 Million Settlement with OFAC to Resolve Violations of Iran Sanctions Program

OFAC is capable of extending a long arm of enforcement, reaching sometimes non-U.S. companies that may “cause” another company to violate U.S. Sanctions laws.

If you need to find an example of this long reach, look no further than OFAC’s recent settlement with SCG Plastics (“SCG”).

In this settlement, SCG, a Thai company that sells plastic resins, agreed to pay $20 million for violations of the Iran Sanctions Program.

In this episode, Michael Volkov explores the series of actions that led to that $20 million dollar settlement and the consequences.

  • In a recent enforcement action, SCG Plastics paid OFAC $20 million to resolve violations of the Iran sanctions program, showcasing OFAC’s far-reaching jurisdiction.
  • SCG Plastics caused U.S. financial institutions to process $291 million in wire transfer sales of High-Density Polyethylene Resin (HDPE) of Iranian origin from 2017 to 2018, which violated the Iran sanctions program.
  • SCG Plastics voluntarily disclosed 10 violations but did not disclose 457, which led to OFAC determining all 467 violations as egregious.
  • The size of the settlement was due to multiple aggravating factors: SCG Plastics willingly engaged in a multi-year pattern of conduct designed to circumvent the Iran sanctions program, causing significant harm to OFAC sanction policy objectives while earning substantial revenues.
  • Importantly, commercial activity that may fall outside the jurisdiction of OFAC sanctions can still result in a violation when the financial transactions related to the activity are processed through or involve U.S. financial institutions.
  • OFAC emphasized the risks for non-U.S. companies engaging in conduct that causes U.S. persons to violate sanctions, in this case processing the transactions, which would not have been done with adequate disclosure, highlighting the importance of compliance with U.S. sanctions and export control laws.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
FCPA Compliance Report

FCPA Compliance Report: Mary Inman on The DOJ Whistleblower Incentive Initiative

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, we welcome back fan favorite Mary Inman, now at her new firm, Whistleblower Partners LLP, a firm dedicated to assisting whistleblowers navigate various reward programs.

Mary joins Tom Fox to discuss what we know so far about the DOJ Whistleblower Incentive Initiative.

Mary has a positive perspective on the Department of Justice’s (DOJ) White Collar Whistleblower Program. She acknowledges the gaps in existing whistleblower reward programs across multiple agencies and sees the DOJ program as a crucial opportunity to fill these lacunae. Inman’s expertise, particularly in the SEC program, allows her to identify specific gaps, such as the lack of financial protections for whistleblowers reporting Foreign Corrupt Practices Act violations involving companies not publicly listed on US exchanges.

From her perspective, the DOJ program will address serious financial crimes, including domestic corruption. Inman also anticipates that the DOJ will establish its own office of the whistleblower, mirroring similar initiatives in other agencies, hence providing both confidential and anonymous reporting avenues.

Topics Covered in This Episode:

  • Specialized Law Firm for Whistleblower Reward Programs
  • Financial Crime Reporting Enhancement Initiative
  • Establishing a Central Office for Whistleblowers
  • Championing Transparency: Grassley’s Whistleblower Advocacy
  • Wellness Fund Support for Whistleblowers

Resources:

Mary Inman on LinkedIn

Whistleblower Partners LLP

Tom Fox

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Facebook

YouTube

Twitter

LinkedIn

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Compliance Tip of the Day

Compliance Tip of the Day: Non-Retaliation to Improve Culture

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we discuss why retaliation against a person who speaks up not only creates a toxic work environment but also discourages victims from reporting incidents.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Adventures in Compliance

The Return of Sherlock Holmes: Investigative Lessons and Data Analytics Insights from The Adventure of the Abbey Grange

Welcome to a review of all the Sherlock Holmes stories that are collected in the work “The Return of Sherlock Holmes.

It is a collection of thirteen detective stories written by Sir Arthur Conan Doyle, marking the reappearance of the brilliant detective Sherlock Holmes after his apparent death in “The Final Problem.” The collection spans various intriguing cases and mysteries that Holmes and his loyal friend, Dr. Watson tackle.

Today we consider some investigative lessons and data analytics insights from The Adventure of the Abbey Grange.

The Adventure of the Abbey Grange is a riveting Sherlock Holmes story that intricately weaves together a murder mystery with Holmes’ shrewd investigative techniques. The narrative not only showcases Holmes’ astute data collection and interpretation skills but also raises pertinent ethical questions related to privacy, consent, and data protection.

Tom Fox offers an insightful analysis of the story, emphasizing its ethical implications. His views stem from a deep examination of Holmes’ methods and the moral dilemmas they encapsulate. Fox’s perspective underscores the tightrope walk between seeking justice and revenge, urging readers to contemplate the ethical dimensions of detective work.

Key Highlights:

  • The Story
  • Uncovering confidential information
  • Detective Skills: Uncovering Clues with Precision
  • Privacy and Confidentiality: Ethical Dilemmas in Investigation
  • Data Analytics lessons learned

 Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

Connect with Tom Fox

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For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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Daily Compliance News

Daily Compliance News: May 6, 2024 – The ISS Says Vote No 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.

In today’s edition of Daily Compliance News:

  • ISS advises voting against the Boeing CEO pay package. (FT)
  • A house member was charged with accepting bribes.  (WSJ)
  • Trump auditors are charged with fraud. (NYT)
  • Corruption in Gaza. (Bloomberg)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
Blog

Transforming Culture: Part 1 – From Merger to Culture Toxicity

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of corporate scandals where culture failed and created a toxic culture. The question for any organization in such a situation is how to transform its culture. Currently running on the Culture Crafters podcast on the Compliance Podcast Network is a 5–part of podcast series with myself and Sam Silverstein, the most trusted voice in America on accountability.

Over this companion, 5-part blog post series, we look at how a company in the depths of such a toxic culture can begin to make a culture comeback by planning and taking concrete steps to turn around and rebuild its culture. In this concluding Part 5, we explore the dynamism of culture, assessing culture through The Culture Audit™ (the sponsor of this blog post series), putting together a plan to remediate your culture and implementing that plan, and conclude with why ongoing monitoring and continuous improvement are so critical for a true culture transformation. In Part 1, we consider the steps that led Boeing to the current state of its corporate culture.

Boeing’s cultural miasma led to the 737 MAX crisis, which has tarnished the company’s reputation and raised doubts about its future in the commercial airline industry. Yet the company’s slide into cultural toxicity began long before the 737 MAX disasters. From these pre-pandemic disasters, the company now finds itself in one of the worst places in recent memory for a company’s reputation.

The slide began with the merger with McDonnell Douglas back in 1996. This led to a shift in leadership, which transformed the company’s culture by prioritizing stock performance over quality. This emphasizes the importance of cultural due diligence in mergers and acquisitions, with the need to evaluate existing cultures, plan post-merger integration, and uphold a robust culture within the acquiring firm. The significance of workplace culture was highlighted as a pivotal factor influencing stakeholders, from employees to customers, impacting talent retention, productivity, and overall profitability.

The culture that permeates an organization’s operations plays a pivotal role in determining its outcomes. A toxic culture characterized by shortsightedness, a profit-over-quality mentality, and a lack of ethical standards can have catastrophic consequences for the organization as a whole. Such cultures often prioritize immediate gains at the expense of long-term sustainability, leading to compromised quality, ethical dilemmas, and damaged stakeholder relationships.

The merger with McDonnell Douglas in 1997 marked a turning point for Boeing. A shift towards a culture focused on stock performance and short-term gains took precedence over a culture of engineering excellence. This shift strayed from Boeing’s legacy of quality and engineering excellence, resulting in significant setbacks like the 737 MAX crisis. The Boeing situation underscores the importance of upholding a culture that values integrity, quality, and long-term success to avoid such catastrophic outcomes.

 Mergers and acquisitions are complex processes that extend beyond financial considerations to encompass cultural integration. The compatibility of organizational cultures is a critical factor that can significantly impact the success or failure of such strategic decisions. To mitigate risks and facilitate a smooth transition, assessing cultural alignment, creating a clear roadmap for integration, and ensuring a strong, cohesive culture in the new entity are essential steps that leaders must prioritize during mergers and acquisitions.

In the context of mergers and acquisitions, culture synergy is critical, and indeed, the Boeing-McDonnell Douglas merger is a cautionary tale. The takeover of Boeing by McDonnell Douglas’s leadership brought about a cultural shift that veered away from Boeing’s core values, leading to subsequent challenges. Organizations embarking on such endeavors must pay close attention to cultural compatibility and actively work towards fostering a unified culture built on shared values and objectives. All of this underscores the critical role of culture in shaping the success of strategic business decisions like mergers and acquisitions.

The bottom line is that the best cultures are always the ones where senior leadership at the top always asks, how can we improve this culture?” This emphasizes the need for organizations to continually prioritize ongoing efforts to enhance their workplace culture. Action follows belief. This underscores the notion that an organization’s outcomes are rooted in its beliefs and values. Companies like Boeing can drive positive actions and results by fostering a culture that prioritizes quality and safety.

When you create a fantastic workplace culture, it goes home with your people. It impacts their spouses. It affects other businesses in the community. This serves as a poignant reminder of the far-reaching influence of workplace culture on individuals and broader societal interactions.

With this unique narrative, Boeing demonstrates the profound impact of leadership on culture and the overall organizational environment. Yet this sets the stage for exploring strategies to transform toxic cultures into thriving, ethical ones for CEOs and organizational leaders seeking actionable insights. I hope you will join us for the rest of the blog posts this week, in which we show how a company can transform its culture.