Categories
FCPA Survival Guide

FCPA Survival Guide – Introduction

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action.

The Department of Justice (DOJ) has been unequivocal in its expectations for any company facing an FCPA enforcement action. This guide is tailored for compliance professionals and business executives who are part of such an investigation. It outlines the necessary steps to secure the most favorable resolutions, offering a glimmer of hope even in the most daunting circumstances. Since the introduction of the FCPA Corporate Enforcement Policy, the default position for any company that self-discloses a potential FCPA violation to the DOJ is that of a declination. This policy provides a significant advantage, even if a company does not self-disclose or there are aggravating factors, as it allows for substantial discounts from the DOJ. In the words of the DOJ, this guide details the actions a company can take to reduce any fine or penalty for an FCPA violation, providing a clear path to a more favorable outcome.

In this 10-part podcast series, we will examine the following tactics for reducing potential exposure if your company finds itself in the FCPA crosshairs:

1.     Self-Disclosure.

2.     The Need for Speed

3.     Extensive Remediation

4.     Root Cause, Risk Assessment and Gap Analysis.

5.     Data Analytics.

6.     Clawback and Holdbacks.

7.     Change in sales models.

8.     Enhancement of Compliance.

9.     Internal Controls.

10.  Investigative Protocol

Resources:

Nick Gallo on LinkedIn

Ethico

The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Innovation in Compliance

Making Compliance Training Memorable: Gamechanger 3 – Make Learning Social

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams to find out what is on his mind regarding compliance. Tom Fox recently had the opportunity to do so on the topic of making compliance training memorable. Over this short, five-part series, we will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training.

In this Episode 4, we discuss making learning social and collaborative so that learners work together to search for understanding, meaning, or solutions.

Social learning refers to learning with each other, from each other, and about each other. Social Learning Theory tells us that a lot of learning consists of observing and emulating others. Collaborative learning also affords participants with the opportunity to gain unique insights and skills. Cooperative learning allows participants to develop their social-emotional and interpersonal skills. They can practice ethical voice, simply by discussing an ethical situation with each other.

During collaborative learning, participants can establish new social ties with other learners or deepen existing ties. Learners can discover that other participants care about the same ethical values. Learners can foster trust among each other and a shared expectation of mutual support in moments of difficulty. During collaborative learning, participants can experience that they can augment their problem-solving capabilities by combining their respective resources (e.g., experience, ingenuity, networks). These learning benefits are difficult, if not impossible, to acquire through individual learning.

Tom and Carsten explore the concept of social learning, referencing theories by Lev Vygotsky on social constructivism and Albert Bandura on vicarious learning and self-efficacy, to explain how behaviors and ethical values are acquired through social interaction. They emphasize that learning ethics and compliance can be more effective in a social context, whether it is through discussing ethical dilemmas, observing others’ behaviors, or learning from shared experiences.

The dialogue also touches on the importance of building social capital through ethical discussions, which helps in crafting solutions to ethical challenges as a team. Furthermore, they argue that every aspect of work has an ethical dimension and that recognizing the ethical implications of seemingly minute actions can significantly contribute to an organization’s ethical resilience. The episode concludes with anticipation for the next episode, focusing on making compliance training fun.

 Highlights and Key Issues Discussed:

  • Introduction to Social Learning in Ethics and Compliance
  • Exploring Social Learning Theory
  • The Impact of Social Learning on Ethical Behavior
  • Social Learning’s Role in Organizational Culture
  • Practical Examples of Social Learning in Action
  • Deep Dive into Safety and Ethics in the Workplace 

Resources:

Articles and Books

  • Boyd, R., Richerson, P. J., & Henrich, J. (2011). The cultural niche: Why social learning is essential for human adaptation. PNAS Proceedings of the National Academy of Sciences of the United States of America, 108(Suppl 2), 10918–10925. https://psycnet.apa.org/doi/10.1073/pnas.1100290108
  • Reed, M. S., A. C. Evely, G. Cundill, I. Fazey, J. Glass, A. Laing, J. Newig, B. Parrish, C. Prell, C. Raymond, and L. C. Stringer. 2010. What is social learning? Ecology and Society, 15(4), [r1]. http://dx.doi.org/10.5751/ES-03564-1504r01
  • Marjan Laal, Seyed Mohammad Ghodsi, Benefits of Collaborative Learning. Procedia—Social and Behavioral Sciences, 31, 486-490.
    https://doi.org/10.1016/j.sbspro.2011.12.091
  • Bandura, A. (1977). Social learning theory. Englewood Cliffs, NJ: Prentice Hall.
  • Bauman, Z. (2000). Special essay. Am I my brother’s keeper? European Journal of Social Work, Vol. 3, No. 1, pp. 511 https://doi.org/10.1080/714052807

Carsten Tams on LinkedIn

Emagence Consulting

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Kerrville Folk Festival

Kerrville Folk Festival: Deb Rouse – Welcome to The 2024 Kerrville Folk Festival

For over 50 years, the Kerrville Folk Festival has been a haven for folk music lovers, singer-songwriters, and storytellers from around the globe. Set against the backdrop of the serene Quiet Valley Ranch, this festival is more than just a music event—it’s a community, a family, and a celebration of artistic expression and camaraderie.

In this podcast, we will explore the rich history of the Kerrville Folk Festival, from its humble beginnings in 1972 to its evolution into a beloved tradition that draws thousands of attendees each year. We’ll hear from musicians who have graced its stages, fans who have made lifelong memories, and the dedicated organizers who keep the festival spirit alive.

So sit back, relax, and get ready to be transported to the magic of the Kerrville Folk Festival, where music, nature, and community come together in perfect harmony. In our inaugural episode, Tom visits with Kerrville Folk Festival Executive Director Deb Rouse.

Deb shares her lifelong connection to the festival, touching on its history, her personal journey from attendee to executive director, and the loss of her mother, who was a festival staple. The discussion covers the exciting lineup and unique events planned for the 2024 festival, including a dedicated gay pride night and performances by celebrated artists across various genres.

The podcast delves into the festival’s community-driven aspects, highlighting volunteer opportunities, workshops, and the vibrant campfire culture that defines the festival’s atmosphere. Deb also speaks on the Kerrville Folk Festival Foundation’s role, emphasizing its nonprofit status, educational programs, and annual activities that foster a strong community of musicians and artists.

  • Debra Rouse: A Journey Through Kerrville Folk Festival
  • Exciting Lineup for the 2024 Festival
  • Workshops, Activities, and More: Daytime at the Festival
  • The Tradition of Landrush and Festival Foundation Insights
  • Volunteers: The Heart and Soul of Kerrville Folk Festival
  • Crafts, Food, and Special Events at the Festival
  • The Magic of Kerrville Folk Festival

Resources:

Kerrville Folk Festival

Kerrville Folk Festival Foundation

2024 Musical Lineup

Categories
Daily Compliance News

Daily Compliance News: May 23, 2024 – The End of Car Wash 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.

  • Can shareholders criticize companies (without being sued)? (WSJ)
  • Brazil Supreme Court throws out Car Wash convictions. (FT)
  • Ukraine makes progress in fight against corruption. (BBC)
  • SEC does not want crypto bill from Congress. (Reuters)

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

Categories
Compliance Tip of the Day

Compliance Tip of the Day: The Impact of Data Privacy

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 today’s episode, we explore the importance of privacy in data-driven compliance and the challenges and tradeoffs involved in implementing effective compliance strategies.

 

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

Categories
Everything Compliance

Everything Compliance: Episode 135, The Driving in Louisville Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows.

In this episode, we have the septet of shout-outs and rantors; Jonathan Marks, Matt Kelly, special guests Karen Moore and Mike DeBernardis, all hosted by Tom Fox.

1. Matt Kelly took a deep dive into the report damning the FDIC for its toxic culture. He praises the Supreme Court for upholding the constitutionality of the CFPB’s rants about right-wing radicals trying to destroy democratic institutions through the courts.

2. Guest Panelist Karen Moore reviews a court of appeals decision on a Title VII and Equal Protection clause case regarding DEI training . She sends sympathies to all those who have experienced flooding and shouts out to two Brazilian rowers, Evaldo Mathias Becker and Piedro Tuchtenhagen gave up on their Olympic dreams to stay in their home state of Rio Grande do Sul after heavy rains devastated the state.

3. Jonathan Marks discusses new PCAOB Rules on Auditor Quality Controls. He shouts out to Dylan Beard, a Walmart deli worker who qualified for spot at the U.S. Olympic track and field trials in June in the hurdles. As an unsponsored athlete, his employer, Walmart, presented him with a check for $20,000 so his friends and family could support him as he made his way to the Olympic trials.

4. Special Guest Panelist Mike DeBernardis reviews the DOJ Whistleblower Program—how will it put additional pressure on the compliance function and outside counsel regarding investigations? He shouts out to the Washington Commanders for some long awaited sanity with the club’s new owners.

5. Host Tom Fox shouts out to drive in Louisville for the bookend of Sydney Thomas saving lives and arresting the World’s Number 1 golfer Scottie Scheffler, while driving on his way to the PGA Golf Tournament at Valhalla Country Club.

The members of the Everything Compliance are:

• Jay Rosen – Jay can be reached at Jay.r.rosen@gmail.com

• Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

• Jonathan Armstrong – is our UK colleague and an experienced data privacy/data protection lawyer in London. He can be reached at windyridgehouse@gmail.com.

• Jonathan Marks can be reached at jtmarks@gmail.com.

• Special Guest Karen Moore can be reached at Kmoore51@fordham.edu

• Special Guest Mike DeBernaris can be reached at the law firm’s website, www.hugheshubbard.com/.

The host, producer, and ranter (and sometimes panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Blog

Making Ethics & Compliance Training Memorable: Part 4 – How Social Learning Can Engage Employees

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so on making Ethics and Compliance (E&C) training memorable. We explored this topic over a five-part podcast series on the Innovation in Compliance podcast on the award-winning Compliance Podcast Network.

Over the next five blog posts, I will also explore these topics in the blog format. I will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training. I take a deep dive into why traditional E&C training often fails to engage employees and lacks impact on their behavior despite significant investments. In Part 4, we discuss the concept of social learning and how compliance professionals can use its tactics and strategies to make their compliance training more engaging and effective.

Social learning refers to learning from others, with each other, about each other, and to each other through both inbound and outbound collaboration. Tams noted that one prominent perspective is social constructivism, or the socio-cultural theory of development, formulated by Russian psychologist Lev Vygotsky in the late 19th century. He argued that people learn a lot through cultural interaction and osmosis. For instance, we know our native language by being around people, listening, and participating in conversation. This social process is also crucial for understanding social norms, ethical values, and interpersonal skills.

Tams then turned to Albert Bandura’s social learning theory, or vicarious learning, which emphasizes that much learning involves observing and emulating others. This introduced the concept of self-efficacy, which is our confidence in our ability to produce desired outcomes. Ethical behavior means having confidence in our ability to speak up about concerns. Bandura identifies two social sources that promote self-efficacy: vicarious mastery experiences or observing others succeed and social persuasion or encouragement from others.

This type of learning moves from formal training and communication to underpinning an organization’s culture. There are two key insights. First, much can be learned about ethics in social contexts. Creating social contexts where ethical behavior is practiced allows for profound learning. For example, team leaders could incorporate ethics discussions into regular meetings, similar to safety moments in safety management. This practice encourages continuous ethical reflection and dialogue.

Second, much of today’s ethics training is solitary, often involving interaction with a computer screen. However, some vital ethical skills can only be learned in social settings. These include social-emotional and interpersonal skills, such as handling difficult conversations, resolving conflicts, and speaking up about concerns. Learning these skills through interaction is more effective than solitary study.

Tams provided some practical applications to social learning. One useful approach is to facilitate group discussions around ethically challenging scenarios. For example, imagine a team learning that their leader plans to make a business decision that involves excessive wining and dining of a potential customer. The team discusses the ethical commitments at stake, brainstorms possible actions, and identifies resources within the organization. This process fosters a deeper understanding of ethics and builds social capital, such as trust and collective efficacy.

In these discussions, participants learn they are not alone in caring about ethics. They see that their colleagues are committed to ethical behavior and bring diverse perspectives to problem-solving. This experience builds confidence in their ability to act ethically and trust in their colleagues as allies and mentors.

Companies have successfully raised safety awareness by incorporating safety discussions and concepts into everyday work through safety moments and personal safety assessments. I believe we achieve the same level of detail and integration with ethics. Tams agreed, stating, “Just as safety moments remind employees to consider safety in all aspects of their work, regular ethics discussions can instill an ethical mindset. For example, team members could take turns discussing how different aspects of the code of conduct apply to their work. This reflection helps employees see the relevance of ethics to their daily tasks and decisions.”

Moreover, addressing seemingly minor ethical issues can have a significant impact. For instance, discussing the moral implications of small actions, like how to report minor infractions or handle sensitive information, can reinforce the importance of ethical behavior in all areas of work. These discussions help employees internalize ethical principles and recognize that ethics is integral to their work, not just an abstract concept managed by the ethics department.

Integrating social learning into ethics training can transform an organization’s culture. By fostering continuous dialogue about ethics, organizations can create an environment where ethical behavior is expected and supported. This approach builds a solid moral foundation, encouraging employees to act with integrity and confidence.

Social learning also helps build a sense of community and shared responsibility. When employees see their peers and leaders engaging in ethical discussions and actions, it reinforces the importance of ethics and creates a supportive network. This network can provide guidance, mentorship, and encouragement, strengthening the organization’s ethical culture.

Making ethics and compliance learning social is a powerful strategy for building an organization’s strong ethical culture. By engaging employees in interactive, collaborative learning experiences, organizations can foster a deeper understanding of moral principles and encourage moral behavior. Integrating social learning into ethics training enhances individual skills and builds social capital, creating a supportive and trusting environment where employees feel empowered to act ethically.

To implement social learning in your organization, consider the following steps:

  1. Incorporate Ethics Discussions into Regular Meetings: Make ethics a regular part of team meetings by discussing ethical scenarios, sharing personal experiences, and reflecting on the code of conduct.
  2. Facilitate Group Problem-Solving: Use group discussions to tackle ethical challenges, encouraging employees to share diverse perspectives and collaboratively develop solutions.
  3. Encourage Peer Support and Mentorship: Promote a mentorship and support culture where employees can seek advice and encouragement from their peers and leaders.
  4. Recognize and Celebrate Ethical Behavior: Highlight and reward examples of ethical behavior, reinforcing the importance of ethics and encouraging others to follow suit.

By taking these steps, compliance professionals can harness the power of social learning to enhance their training programs and build a robust ethical culture within their organizations.

Join us in our concluding blog post, where we consider why you should make your compliance training regime playful.