Categories
Greetings and Felicitations

Winnie the Pooh Explains Compliance: Part 3 – Eeyore, Compliance & Legal

This week I am exploring a five-part series on compliance as seen through the lens of Winnie the Pooh and the characters who live in the Hundred Acre Wood. In this Part 3, we consider perhaps the most beloved character (other than Pooh himself) Eeyore and use him to explore the differences in compliance and corporate legal.

Eeyore is described as an “old grey donkey”. Eeyore has a poor opinion of most of the other animals in the Forest, describing them as having “No brain at all, some of them” and “only grey fluff that’s blown into their heads by mistake” (from chapter 1 of The House at Pooh Corner). Eeyore’s favorite food is thistles. He lives in the southeast corner of the Hundred Acre Wood, in an area labeled “Eeyore’s Gloomy Place: Rather Boggy and Sad” on the map in the Winnie-the-Pooh book. He has a stick house therein called The House at Pooh Corner. Pooh and Piglet built it for him after accidentally mistaking the original house that Eeyore built for a pile of sticks. On Eeyore’s birthday, he is given an empty honey jar from Pooh for keeping things in, a popped red balloon from Piglet to keep in the pot, and a note from Owl. (Eeyore’s birthday was originally celebrated by University of Texas students in Austin and is now a worldwide phenomenon.)

Eeyore expects misfortune to fall upon him, accepts it when it does, and rarely even tries to prevent it. He is known for saying “Thanks for noticin’ me” and “Ohhh-kayyy”. His grumpiness is best shown in an encounter with Piglet, who cheerfully bade him, “Good morning!” Eeyore responded, “Well, I suppose it is…for some.” Yet, Eeyore is capable of great compassion. Most interestingly, he has a great friendship with Tigger.

I use Eeyore as an introduction to the differences in the compliance function and the legal department in the corporate world. When I initially went in-house, it was made clear to me that the role of the in-house department in the company I worked for was to protect the company. When I became a General Counsel (GC), I took that role to heart and felt like I was the company’s lawyer (even if the Chief Executive Officer (CEO) felt like I was his lawyer). But as Donna Boehme pointed out, there are distinct differences in approaches to compliance from practicing law. She said, “one thing is clear – the two functions have very different mindsets, mandates and priorities.” She notes that the legal department’s mandate is to “advise and protect the company.” The compliance mandate is much broader.

The bottom line is that while you may want an Eeyore in the corporate legal department, just saying no; that is not something you want in compliance. The job of compliance is not to protect the company at all costs. Instead, it is to prevent, detect and remediate any compliance issues that arise. You cannot do that by simply saying No. Yet, just like Eeyore, the corporate legal department can be a valuable adjunct to the compliance function if an internal investigation occurs and you want to maintain your corporate privilege.

Join me tomorrow when I take a look at Piglet and the role of payroll in compliance.

Categories
The Hill Country Podcast

Nancy Huffman-Nature Journaling

Welcome to the award-winning The Hill Country Podcast. The Texas Hill Country is one of the most beautiful places on earth. In this podcast, Hill Country resident Tom Fox visits the people and organizations that make this a unique area of Texas. Join Tom as he explores the people, places and activities of the Texas Hill Country. In this episode, I have local Hill Country Artist Nancy Huffman. Highlights include:

·       When did you become interested in art?

·       What fueled your passion for art as an adult?

·       How long have you been pursuing art full time?

·       What types of work do you specialize in?

·       What is a “contemporary impressionistic style”?

·       As an artist, what draws you to the Hill Country landscapes?

·       What is Nature Journaling?

·       How can a writer, blogger or podcaster participate in Nature Journaling?

For more information on Nancy Huffman and her art, click here.

Nancy Huffman on Instagram

Categories
Great Women in Compliance

Sarah Powell – Remember the Why

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today’s guest is Sarah Powell. Sarah is the kind of person who makes everyone around her stronger. Her work in ethics and Compliance is directly related to her commitment to social justice and making a positive impact through anti-bribery and anti-corruption work. Lisa can vouch for that as she works with Sarah as Global Compliance Counsel, Director, Third-Party ABC Compliance at Pearson.

Sarah returned to her home in South Africa from London at the beginning of the pandemic and had her daughter. She discussed how both of these events had impacted her. In particular, she talks about some of her experiences during quarantine, how they showed the resilience in South Africa and how the pandemic could also breed corruption.

She also shares her views on what those of us outside South Africa can learn from their experiences, particularly how they talk about the past and issues. This episode is a great reminder of why we do this work and how we can directly influence society as a whole.

Are you planning on heading to the SCCE CEI in Phoenix in October? Check out Lisa and Mary’s speaking sessions on the agenda and sign up! We invite you to say hello and introduce yourself during the conference it’s going to be a great time.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance-related offerings to listen to. If you enjoy this episode, please rate it on your preferred podcast player to help other like-minded Ethics and Compliance professionals find it. You can also find the GWIC podcast on Corporate Compliance Insights, where Lisa and Mary have a landing page with additional information about them and the podcast’s story. Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book” “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it, and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Into the Weeds

Internal Controls Lessons from Cyber Failures in Wisconsin

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we deep dive into recent failures detected in the state of Wisconsin regarding cyber security risks around election integrity. Highlights include:

  • The risks were uncovered.
  • What is a material risk?
  • Why Multi-Factor Authentication is important cyber security control.
  • What are the consequences of a single point of failure?
  • How and when should redefine a hazard?
  • What does CISA say about MFAs?

Resources

Matt in Radical Compliance

Categories
Greetings and Felicitations

John Aceti: Part 2-From Nothing to Something

Welcome to the Greetings and Felicitations, a podcast where I explore topics which might not seem to be directly related to compliance but clearly influence our profession. In this episode, I conclude a two-part episode with John Aceti author of Profiles of Leadership. John talks about his long life or what he calls “from nothing to something”. Highlights include:

  1. Becoming a school principal.
  2. Starting a business/high school mentorship program.
  3. Cultural exchanges in high schools.
  4. Genesee County Schools Science programs.
  5. International travel to teach English as a second language.
  6. Leadership programs on Easter Island.
  7. Books to St. Lucia.
Categories
Daily Compliance News

August 3, 2022 the Bringing Corruption Back edition

In today’s edition of Daily Compliance News:

  • Trump allies seek to reinstitute patronage to the civil service. (Politico)
  • Corruption in the Italian judiciary. (GAB)
  • Of wildfires and compliance. (WSJ)
  • Bribery allegation against Rick Pitino. (com)
Categories
Blog

Would You Buy a New Car From Them? Part 1 – Background

Corruption comes in all shapes, sizes and forms. It is certainly far beyond bribery made illegal under the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act. I was reminded of this fact this week and the company formerly known as Chrysler Group LLC, now FCA US LLC (Chrysler or the company herein) was criminally sentenced to, according to a Department of Justice (DOJ) Press Release, “pay a fine of $96,145,784; and a forfeiture money judgment of $203,572,892. The court also imposed a three-year term of organizational probation.” About all I can say after reading the Press Release and underlying  Information and  Plea Agreement is that both Lee Iacocca and Walter Chrysler are both turning over in their graves now.

The Plea Agreement detailed a series of corruption so deep and systemic within the organization that it is a wonder anyone ever wanting any type of clean diesel vehicle would ever purchase a Chrysler again (even if it is re-monikered an ‘FCA US LLC’ vehicle). Indeed, the over $300 million criminal assessment was only after a $310 million civil penalty. This means over $600 million in civil and criminal fines and penalties before we even get to pre-resolution investigative costs and post-resolution remediation. If you apply the standard multiplier of pre and post settlement costs of two to five X; you can see the company paid a very large price for its conduct.

The basic facts of the case and actions by Chrysler included deliberately creating a vehicle designed to evade and defeat emissions testing from at least 2010 up to 2017, some two years after the Volkswagen emission testing scandal broke. In addition, Chrysler engineers and others intentionally lied to the US government during the emission certification process. Finally, the conduct of Chrysler after the scandal broke was so forlorn the company did not receive full credit for full cooperation or in accepting full responsibility for its actions.

The underlying facts were as disheartening to read as any I have recently come across. According to the Information, beginning at least as early as 2010, Chrysler developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles to be sold in the United States. They were marketed as “clean EcoDiesel” vehicles with best-in-class fuel efficiency. However, and to the contrary, the company installed software features and engaged in other deceptive and fraudulent conduct intended to avoid regulatory scrutiny all the while “maintaining features that would make them more attractive to consumers, including with respect to fuel efficiency, service intervals, and performance.”

According to the Information, the company purposely calibrated the emissions control systems on the vehicles to produce less NOx emissions during the federal test procedures, or driving “cycles,” than when the vehicles were being driven by customers under normal driving conditions. But as the Press Release noted, Chrysler took it several steps further as it “engaged in deceptive and fraudulent conduct to conceal the emissions impact and function of the emissions control systems from its U.S. regulators and U.S. customers by (a) submitting false and misleading applications to U.S. regulators to receive authorization to sell the vehicles, (b) making false and misleading representations to U.S. regulators both in person and in response to written requests for information, and (c) making false and misleading representations to consumers” in advertisements and in window labels, including that the vehicles complied with US emissions requirements, had best-in-class fuel efficiency as measured by EPA testing, and were equipped with “clean EcoDiesel engine[s]” that reduced emissions.

A number of those identified in the Plea Agreement have been criminally indicted as well. According to the Press Release, “In the related criminal prosecution, three FCA employees, Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni were indicted for conspiracy to defraud the United States and to violate the Clean Air Act and six counts of violating the Clean Air Act. They await trial.” Of these individuals who were involved, most worked on the corrupt emissions work around beginning as early as 2010 and some were with the company up to 2020.

For reasons not explained in any of the resolution documents, the company avoided the imposition of an external monitor. They do however have a reporting obligation to the DOJ of annual reports on the compliance program required under the Plea Agreement. The reporting is required for three years on a go-forward basis.

Join me tomorrow where I look at some of the lessons learned from this sordid affair for the anti-bribery/anti-corruption compliance professional.

Categories
The Compliance Life

Scott Garland – From Computer Science to Law

The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What skills does a CCO need to navigate the compliance waters in any company successfully? What are some of the top challenges CCOs have faced, and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, I am joined by Scott Garland, Managing Director at AMI. Scott came to AMI from the DOJ, where he held the role of Professional Responsibility Officer. As he described, it was akin to a CCO role for the US Attorney’s Office for Massachusetts.

Garland’s Bachelor’s Degree was more analytical than most CCO types as he entered MIT to major in software engineering and graduated with a B.Sc. in Economics. After college, he worked as a statistical research associate at a consulting company. He decided he wanted to bridge analysis to policy, so he went to the University of Michigan Law School for his law school degree. He then held a federal judicial clerkship and worked at two mid-sized law firms, practicing white-collar criminal defense and some litigation, including constitutional law.

Resources

Scott Garland’s Profile on AMI

Categories
Greetings and Felicitations

Winnie the Pooh Explains Compliance: Part 2 – Kanga, Roo and the Compliance Ombudsman

This week I am exploring a five-part series on compliance as seen through the lens of Winnie the Pooh and the characters who live in the Hundred Acre Woods: Pooh, Eeyore, Tigger, Kanga & Roo, and Piglet. Winnie-the-Pooh, also called Pooh Bear and Pooh was created by English author A. A. Milne. Yesterday, we introduced Tigger and the sales function’s role in compliance. In this episode, we focus on Kanga and her son, Roo, and the Corporate Ombudsman’s role in compliance.

Kanga is a female kangaroo and the doting mother of Roo. They live near the Sandy Pit in the northwestern part of the Hundred Acre Wood. Kanga is the only female character to appear in the books. Kanga is kind-hearted, calm, patient, sensible and down to earth. She likes to keep things clean and organized and offers motherly advice and food to anyone who asks her. She is protective over Roo and treats him with kind words and gentle discipline. She also has a sense of humor, as revealed in chapter seven of Winnie-the-Pooh when Rabbit connives to kidnap Roo, leaving Piglet in his place; Kanga pretends not to notice that Piglet is not Roo and proceeds to give him Roo’s usual bath, much to Piglet’s dismay.

Roo is Kanga’s cheerful, playful, energetic son, who moved to the Hundred Acre Wood with her. His best friends are Tigger and a young Heffalump named Lumpy, who loves to play with him. Roo is the youngest of the main characters. When Kanga and Roo first come to the Hundred Acre Wood, everyone thinks Kanga is a fierce animal, but discover this untrue and become friends with her. In the book, when Tigger comes to the forest, she welcomes him into her home, attempts to find him food he likes and allows him to live with her and Roo. After this, Kanga treats him like she does her son. I want to use Kanga and Roo to consider another role in compliance. It is the creation of an ombudsman for employees to help facilitate compliance.

Kanga is the most trusted soul in the Hundred Acre Woods. She would be an ideal ombudsman and an example that the “success of these programs depends partly on getting the right person for the role. A good ombudsman is a superb listener who establishes trust in people at all levels.” They need to have the skills to think through solutions to problems. Kanga certainly has such skills. A great example is the arrival of Tigger in the Hundred Acre Woods. While Tigger claims to like everything to eat for breakfast, it is quickly proven he does not like honey, acorns, thistles, or most of the contents of Kanga’s larder. However, he discovers what Tigger likes best is the extract of malt, which Kanga has on hand because she gives it to Roo as “strengthening medicine”. This is another key trait of an ombudsman; the person must also respect senior executives and be comfortable taking issues to the Chief Executive Officer (CEO) or the Board if necessary. Understanding the corporate culture and who has influence is also important – which is why many capable people in this role are promoted from inside the company. The same can be said for Kanga in the Hundred Acre Wood.

Join me tomorrow when I consider Eeyore and the role of corporate legal in compliance.

Categories
The Corruption Files

The Bribery Trilogy in Telecom with Tom Fox and Michael DeBernardis

Tom Fox and Michael DeBernardis go in-depth about the bribery scandals of three big names in telecom, MTS, VimpelCom, and Telia; Ericsson’s shady deals in multiple countries, how knowing high-risk countries and the beneficiaries of companies can save you from trouble, and the importance of visibility for compliance professionals.

▶️ The Bribery Trilogy in Telecom with Tom Fox and Michael DeBernardis

Key points discussed in the episode:

✔️ Tom Fox gives a brief background on the VimpelCom case. He points out how the company, including MTS and Telia, were all tied up with the schemes of Gulnara Karimova, the daughter of a former president in Uzbekistan.

✔️ The DOJ and the SEC are confident in tackling companies taking advantage of “shell companies” and getting involved with corrupt government officials. There was malicious intent on the companies’ sides regardless of the rank of the person involved.

✔️ Tom Fox describes the Telia case. Michael DeBernardis points out that the difference between the outcomes of Telia, MTS, and VimpelCom’s cases was the penalties. Cooperation from Telia and Vimpelcom garnered significant reductions.

✔️ Tom Fox lays out the MTS case. Even when violations were found in Kolorit’s purchase, MTS higher-ups presented excuses that the compliance team failed to argue. The control environment for transparency has since improved post-prosecution.

✔️ Michael DeBernardis emphasizes the risk behind unidentified beneficial owners. VimpelCom, Telia, and MTS had full knowledge of their schemes. But the story is a lot more muddied and complex to the ears of the board and compliance professionals.

✔️ Tom Fox retells the Ericsson case, illustrating it as not just a corrupt third-party, paid-for entertainment, or donations. The imagination only limits the depths where companies explore in weaving the most intricate schemes. Michael DeBernardis attributes this to enterprise-wide failure.

✔️ Knowing the high-risk countries can save your company from trouble. Once you start paying bribes, you’re stuck. The receiving party already has claws on you and will threaten to report to US authorities if you attempt to exit. Michael DeBernardis adds that despite these cases being beyond US soil, companies won’t be able to challenge them.

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