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Tone at the Top Week: Part 3 – Email as a Strategic Compliance Tool

We continue exploring how CEOs and senior executives are uniquely positioned to emphasize the importance of ethical behavior and adherence to compliance regulations. Today, we consider the humble email and how it can be one of the most effective ways to communicate this Tone at the Top on doing business ethically and in compliance. These written communications can formalize the company’s stance on compliance, ensuring that the message is clear, consistent, and accessible to employees at all levels.

Emails allow senior leadership to broadcast the company’s compliance goals and demonstrate that these goals are integral to the business’s strategic vision. Done correctly, they reinforce the notion that compliance is everyone’s responsibility and provide a continuous reminder of the company’s commitment to ethical behavior. Today, we will lay out five specific ways a CEO or senior executive can use emails to establish and maintain an appropriate tone at the top for a best practices compliance program.

  • Make Compliance a Regular Topic in CEO Communications

To ensure compliance is integrated into the company’s operations and not seen as an afterthought, it must become a consistent topic in CEO communications. When compliance is presented alongside other business goals, such as financial performance or growth strategies, it signals to employees that ethical conduct is integral to the company’s success. This matters because if doing business ethically and in compliance is only mentioned when something goes wrong, it reinforces the idea that compliance is reactive and only addressed in crises. You create a proactive compliance culture by incorporating compliance updates into quarterly or monthly CEO communications. This shows employees that compliance is as important as any other business objective.

Implementation

  1. Include a dedicated section on compliance in your regular CEO emails. Highlight the importance of staying compliant with industry regulations and company policies.
  2. Emphasize how compliance helps the company achieve its broad business objectives. For instance, explain how maintaining strong compliance practices can enhance the company’s reputation, build stakeholder trust, and create long-term value.
  3. Regularly update employees on the status of the compliance program—such as new initiatives, policy updates, or risk areas that the company is monitoring—demonstrating that compliance is part of the company’s ongoing strategic efforts.
  • Celebrate Ethical Behavior Through Recognition

One of the most impactful ways to promote a compliance culture is publicly recognizing and celebrating ethical behavior. Emails offer a convenient and highly visible platform to acknowledge individuals or teams who have supported the company’s compliance efforts. Recognizing these contributions boosts morale and sets a standard for others to follow.

This is significant because celebrating ethical behavior publicly sends a clear message to employees that compliance is valued and rewarded. It also reinforces that ethical decision-making is an achievement, not just a minimum expectation. This builds a positive association with compliance and motivates employees to take ownership of their role in the compliance program.

How to Implement

  1. Use your email communications to highlight specific examples of individuals or teams demonstrating exceptional commitment to compliance. Share what they did, why it mattered, and how their actions helped the company avoid risks or comply with regulations.
  2. If applicable, tie these recognitions to broader company values, showing how ethical behavior aligns with the company’s mission and goals.
  3. Consider establishing a regular “compliance champion” recognition in your emails to create an ongoing tradition of celebrating compliance successes.
  • Respond Promptly to Industry or Regulatory Changes

In today’s rapidly evolving regulatory landscape, staying ahead of industry changes is critical for maintaining compliance. When new regulations or legal requirements are introduced, the CEO needs to address these developments with the company quickly. This demonstrates that leadership is aware and engaged and helps employees understand how these changes impact their day-to-day responsibilities.

This is critical because the quicker a company adapts to regulatory changes, the less likely it is to fall out of compliance, reducing the risk of fines, penalties, or reputational damage. By issuing timely communications explaining how the company will adapt, the CEO sets a clear expectation that staying compliant is a priority.

How to Implement

  1. When new industry regulations or legal changes arise, send an email explaining what the changes mean for the company and what steps are being taken to comply.
  2. Provide specific guidance for departments or teams directly affected by the changes. For example, if new data privacy laws are introduced, explain what the legal team, IT department, or data-handling staff must focus on to ensure compliance.
  3. Emphasize that compliance with new regulations is not optional—it is critical to the company’s continued success and ethical standing in the industry.
  • Encourage the Reporting of Compliance Concerns

A key component of any successful compliance program is the ability for employees to raise concerns without fear of retaliation. Regularly reminding employees of the company’s whistleblower program and other reporting mechanisms demonstrates leadership’s commitment to fostering a safe and open environment.

This is imperative because employees must feel that their voices will be heard and their concerns will be addressed. The CEO reinforces that transparency and accountability are core company values by regularly encouraging employees to report ethical or compliance-related issues.

How to Implement

  1. Periodically remind employees of the available reporting channels, such as the company’s whistleblower hotline, ethics portal, or designated compliance officers.
  2. In your emails, emphasize that all reports will be taken seriously and that there is zero tolerance for retaliation against those who raise concerns in good faith.
  3. Share anonymized examples (if appropriate) of how the company has successfully addressed issues raised by employees, demonstrating that reporting leads to positive action.
  • Endorse Major Compliance Initiatives

A compliance program’s success hinges on visible support from senior leadership. By personally endorsing new compliance initiatives—policy updates, training sessions, or new risk management tools—the CEO lends credibility to the program and encourages employee engagement.

This is crucial because, as the CEO publicly supports a compliance initiative, it signals to the entire organization that the program is not just a legal requirement but a top priority for the company. Employees are more likely to participate in training sessions and adhere to policies if they know senior leadership is fully behind these efforts.

How to Implement

  1. Send a personal email when launching major compliance-related initiatives, such as a new code of conduct, mandatory training sessions, or policy updates.
  2. Explain why the initiative is important in your message and how it will benefit the company and its employees. Be clear that participation is expected and necessary for maintaining the company’s ethical standards.
  3. Follow up on the initiative’s progress in subsequent communications, reinforcing that the company is committed to maintaining compliance over the long term.

Emails offer a direct, personal, and effective way for CEOs and senior executives to establish and maintain an appropriate tone at the top for a best practices compliance program by making compliance a regular topic, celebrating ethical behavior, responding to regulatory changes, encouraging the reporting of concerns, and endorsing major compliance initiatives.

When done consistently, these email communications help build a strong compliance culture. Employees understand that ethical behavior is not just encouraged—it’s a fundamental part of how the company operates. As a result, compliance becomes integrated into daily business practices, reducing risk and fostering long-term success.

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Innovation in Compliance

Innovation in Compliance: Greg Shultz on Key Traits for Compliance Professionals: Connecting and Listening

Innovation comes in many areas and compliance professionals need to not only be ready for it but embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast.

In this episode, Tom welcomes Greg Shultz, the founder of Conformitise, to take a deep dive into his journey in operationalizing compliance in some of the world’s largest companies. Shultz also advises into the essential skills required for a thriving career in compliance.

Emphasizing the importance of active listening, Shultz shares the significance of listening again before advising to foster a collaborative partnership with business teams. Forming personal connections is highlighted, particularly through face-to-face interactions with investment teams, which helps in understanding different personas and building strong relationships over time. Our discussion also touches on the evolving role of data analytics in the compliance field, stressing its criticality in managing global data and mitigating risk in today’s super funds landscape. This episode is a must-listen for anyone aiming to step into or advance within the compliance profession.

Key Highlights:

  • Introduction to Compliance Professional Skills
  • The Importance of Listening and Advising
  • Building Strong Relationships
  • The Role of Data Analytics in Compliance

Resources:

Greg Shultz on LinkedIn

Tom Fox

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Daily Compliance News

Daily Compliance News: September 17, 2024 – The $100+$106MM 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 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.

  • First Energy pays $100MM to settle SEC charges. (WSJ)
  • Walgreens to pay $106.8MM for allegations of overbilling.  (WSJ)
  • TikTok faces tough questions from the Court of Appeals. (Reuters)
  • 2 Ex-NYFD chiefs charged with bribery. (Bloomberg)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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Compliance Tip of the Day

Compliance Tip of the Day: How a CEO Can Set The ‘Tone at The Top’- Part 2

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.

Today, we continue our look at how a CEO can lead with tone at the top for any compliance program.

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Blog

Tone at The Top Week: Part 2 – Ten Things A CEO Can Do

In corporate compliance, a guiding principle is the foundation for success or failure: Tone at the Top. This phrase encapsulates the role of senior executives—particularly the CEO—in setting the ethical standards, cultural expectations, and overall mindset toward compliance within an organization. Without a strong, consistent tone from leadership, even the most well-designed compliance programs will falter. However, the entire organization benefits when senior executives actively lead with integrity and prioritize compliance. In this post, we’ll explore the critical role of leadership in fostering a culture of compliance and list practical ways CEOs and other senior executives can demonstrate the appropriate tone at the top.

But Tone at the Top is more than just words. It is about action. What are 10 things a CEO or Senior Executive can do to demonstrate the right Tone at the Top?

1. Lead by Example

Senior executives must model ethical behavior in every aspect of their role. Employees watch how leaders act, especially in challenging situations. When executives consistently demonstrate integrity in decision-making, it reinforces the importance of organizational compliance. To quote the great Jimmy Johnson, “If you are going to talk the talk, you have to walk the walk.”

2. Communicate Clearly and Consistently

Regular, transparent communication about compliance and ethics is key. CEOs and senior executives should emphasize the importance of compliance in emails, internal memos, town halls, and meetings. Compliance messages should be woven into the fabric of all business communications, not just when issues arise.

3. Embed Compliance in Business Strategy

Compliance should not be an afterthought. Senior executives can demonstrate their commitment by ensuring compliance is part of the strategic business planning process. This means considering regulatory risks, ethical implications, and compliance requirements when setting business goals. Compliance must sit at the table and participate in the long-term planning and implementation of your organization’s business strategy. This includes mergers and acquisitions, assessing and planning for emerging risks, and disaster planning.

4. Empower the Chief Compliance Officer

The CEO should ensure that the CCO has direct access to senior leadership and the board of directors. The FCPA Resource Guide, 2nd edition, states, “DOJ and SEC also consider whether a company has assigned responsibility for the oversight and implementation of a company’s compliance program to one or more specific senior executives within an organization. Those individuals must have appropriate authority within the organization, adequate autonomy from management, and sufficient resources to ensure that the company’s compliance program is implemented effectively.” This shows employees that the compliance function has the full backing of the leadership team. The CCO must also have the authority to manage the compliance program effectively.

5. Allocate Adequate Resources to Compliance

An underfunded compliance program signals to employees that compliance is not a priority. CEOs should ensure a sufficient budget, personnel, and technological resources are allocated to the compliance function. This includes funding for training, audits, monitoring, and reporting tools. This  requirement also follows Hallmark 4 of the Ten Hallmarks of an Effective Compliance Program that CCOs must have adequate resources, stating “the amount of resources devoted to compliance will depend on the company’s size, complexity, industry, geographical reach, and risks associated with the business.”  However, ensure it is not simply budgetary resources but also qualified compliance personnel for your corporate compliance function.

6. Incorporate Compliance into Performance Metrics

Holding employees accountable for compliance should be integrated into the company’s performance metrics and reward systems. Senior executives should ensure compliance-related goals are part of annual performance evaluations and that ethical behavior is rewarded, not just financial performance. Doing business ethically and in compliance should also be incorporated into promotion evaluations. You cannot promote employees who ‘hit their numbers’ but those who work ethically, actively promote the values of the organization, and work to improve the organization’s overall compliance.

7. Deliver Compliance Training Personally

When senior executives participate in compliance training, it sends a powerful message. CEOs and other leaders can demonstrate their commitment by personally delivering training sessions or appearing in training videos. This can be the most powerful statement in many ways, as it reinforces the importance of compliance from the top down.

8. Take Swift and Decisive Action on Compliance Issues.

When compliance violations occur, how leadership responds speaks volumes. CEOs should act swiftly and decisively to investigate and address any issues. Employees need to see that no one is above the law and that compliance breaches will not be tolerated—regardless of an individual’s position in the company. This means justice across your organization and fairness in how consequences are meted out. If you fire employees in Brazil for cheating on their expense accounts, you must fire your top producer in the US for cheating on their expenses.

9. Encourage Open Dialogue and Reporting

Senior executives should actively encourage employees to report compliance concerns without fear of retaliation. The CEO can demonstrate this by promoting the company’s whistleblower program and fostering an environment of openness and transparency. Executives should also be approachable, signaling that compliance concerns will be taken seriously.

10. Align Compensation with Compliance

Executive compensation should reflect the company’s commitment to compliance and ethical behavior. CEOs can lead by example by linking their compensation to compliance performance metrics. This aligns with business success and the company’s commitment to doing things correctly. The same is true for consequences in the form of contractually agreeing to clawbacks and holdbacks of compensation, equity, or options for violations of a corporate compliance program.

Tone at the top is not a one-time initiative. It is an ongoing process that requires continuous attention and reinforcement from senior leaders. When a CEO and other executives lead by example, it sends a clear message that compliance is more than just a regulatory necessity—it’s a fundamental part of how the company does business.

For in-house compliance professionals, fostering this tone from the top is critical to building and sustaining an effective compliance program. It empowers employees to take compliance seriously, encourages ethical decision-making at all levels, and creates an environment where risks are managed proactively.

Ultimately, senior executives’ commitment to ethical leadership and compliance isn’t just good governance—it’s innovative business. By embedding compliance into the company culture through strong leadership, organizations can build trust with stakeholders, protect their reputations, and ensure long-term success.

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Compliance Tip of the Day

Compliance Tip of the Day: How a CEO Can Set The ‘Tone at The Top’- Part 1

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.

Over the next several episodes, we will look at how a CEO can lead with tone at the top for any compliance program.

 

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Career Can D0

Mastering Media and Networking for Career Success with Kevin Price

Have you ever wondered why some people seem to effortlessly climb the career ladder while others, equally skilled, struggle to advance? The answer often lies in a crucial, yet sometimes overlooked, element: strategic networking.

This episode is a special feature, originally published on the Price of Business show, where Kevin Price hosted Mary Ann Faremouth. They dive deep into the art of strategic networking, emphasizing that it’s not merely about attending events, collecting business cards, or adding connections on LinkedIn. Instead, it’s about cultivating genuine, meaningful relationships that can open doors to new opportunities.

Kevin Price highlights the significance of engaging with platforms that align with your professional aspirations. He discusses how contributing to industry-relevant media, participating in podcasts, or attending niche events not only showcases your expertise but also connects you with like-minded professionals who share your goals. These interactions can propel you into new realms of visibility and influence, creating opportunities that might not be accessible otherwise.

But strategic networking goes beyond just seeking out connections—it’s about providing value to others as well. Whether it’s sharing insights, offering support, or collaborating on projects, the most successful networkers approach relationships with a mindset of mutual benefit. This reciprocity builds trust and establishes a solid foundation for long-term, fruitful connections.

Networking isn’t just about what others can do for you—it’s also about how you can help them succeed. By being genuinely interested in others’ success and offering your own expertise, you create a network that is not just a tool for advancement but a community that supports and elevates each other.

As Pablo Picasso wisely said, “The meaning of life is to find your gift. The purpose of life is to give it away.” In your career, this translates to sharing your knowledge, experiences, and insights with your network, not just to benefit yourself but to help others thrive as well. In doing so, your network becomes one of the most powerful assets in your career, opening doors to opportunities you never imagined possible.

Resources:

Price of Business

Kevin Price on LinkedIn

Faremouth

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Corruption, Crime and Compliance

Review of Recent DOJ Declinations

What’s the real cost of keeping corporate misconduct hidden? In this episode of Corruption, Crime, and Compliance, Michael Volkov explores how the DOJ’s recent declinations highlight the risks and rewards of voluntary self-disclosure. By examining two key cases, Michael illustrates how companies can avoid prosecution through cooperation but still face significant penalties, like disgorgement. The episode underscores the importance of transparency and robust compliance programs in navigating DOJ enforcement strategies.

Key Points Covered:

  • Declinations Explained: While DOJ declinations allow companies to avoid criminal charges, they require disgorgement of illegal profits.
  • Boston Consulting Group Case: BCG reported bribery violations related to securing contracts in Angola. The company earned a declination by cooperating with DOJ, firing involved employees, and enhancing compliance. Total disgorgement: $14.4 million.
  • Hitachi Cable (Proterial) Case: Hitachi Cable disclosed fraudulent safety violations in its motorcycle brake hoses. The company’s proactive disclosure and internal reforms led to a declination. Disgorgement: $15.1 million, with partial credit for prior payments.
  • The Risk of Concealment:  Companies that hide misconduct face higher penalties. Voluntary disclosure offers the potential for leniency through declinations.
  • DOJ’s Corporate Compliance Focus: DOJ continues to push for transparency and proactive corporate compliance, using declinations as a tool to incentivize self-reporting and improve internal controls.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

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FCPA Compliance Report

FCPA Compliance Report: Kevin Carroll on The Trump Superseding Indictment

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Kevin Carroll to discuss the latest developments in the Trump Jan 6th case, including the Special Prosecutor’s Superseding Indictment.

In this week’s episode, Tom Fox is joined by Kevin Carroll to discuss the latest developments in one of the Trump trials. Jack Smith’s Superseding Indictment in the January 6th case in Washington, D.C., is dissected. Carroll explains the concept of a superseding indictment and its implications for the charges and defendants involved. The conversation also covers the impact of the Supreme Court’s decision on official acts and how it intersects with Trump’s legal strategies. Carroll provides insights into the procedural aspects of the case, potential trial timelines, and the broader ramifications of the court’s rulings on other ongoing cases involving Trump.

Highlights in this Episode:

  • The Superior Indictment
  • Supreme Court’s Impact on the Indictment
  • Trump’s Conversations with Pence
  • Trial Within a Trial Concept
  • Impact on Other Trump Trials
  • Election Proximity and Legal Actions

Resources:

Kevin Carroll on LinkedIn

Tom Fox

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Daily Compliance News

Daily Compliance News: September 16, 2024 – The Retire at 80 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:

  • Is Basel 3 now a race to the bottom? (FT)
  • Will you work until 80? (FT)
  • Big Tech at a tipping point? (FT)
  • The corporate DEI rollback—what to know. (FT)