Categories
Everything Compliance

Episode 87, the Award-Winning Edition

Welcome to the only award winning roundtable podcast in compliance. Today, we are thrilled to have our newest panelist Karen Woody join us as a permanent panelist. The entire gang was also thrilled to be honored by W3 as a top talk show in podcasting.

 We end with a veritable mélange of shouts outs and one epic rant.

1. Karen Woody talks about the ‘wild west’ of cryptocurrency and the regulatory environment growing up around it. Karen has a shout out domestic tourism in Brown County Indiana.

2. Jay Rosen discusses the morally bankrupt culture at Facebook and how the company can begin to comeback from the abyss. Rosen shouts out to Josh Allen and the Buffalo Bills for being one of the best teams in the NFL this season and advises long-suffering Bills fan Lisa Fine to ‘enjoy the ride’.

3. Matt Kelly discusses the recent speech by SEC Director of Enforcement, Gurbir Grewal in which Grewal previewed an increase in penalties in enforcement by the SEC. Kelly shouts out to Kareem Abdul Jabbar for his evisceration of NBA players in general and Kyrie Irving in particular for their selfish attitudes in failing to get Covid vaccinations.

4. Jonathan Armstrong looks at whistleblowing in the EU. He shouts out to Emma Raducanu for her stunning win in the US Open this year.

5. Tom Fox rants about Waller County and its lack of criminal charges against drivers who intentionally or negligently run over cyclists.

The members of the Everything Compliance are:
•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

Categories
Daily Compliance News

October 14, 2021 the Captain Kirk in Space edition


In today’s edition of Daily Compliance News:

  • Theranos, Walgreen’s and Due Diligence.(WSJ)
  • Does corruption kill? It did in New Orleans. (4WWL)
  • Captain Kirk goes into space. (WaPo)
  • NYC top anti-corruption official moving to DOJ. (NYT)
Categories
Compliance Kitchen

Trade Sanctions Evasion Enforcement Action


DOJ sentences an owner of a Russian energy company for U.S. trade sanctions evasion.

Categories
Design Thinking in Compliance

The Co-Creation Imperative


Welcome to the latest edition to the Compliance Podcast Network. In this podcast, I am joined by my co-host Carsten Tams, Ethical Business Architect and founder and CEO of Emagence LLC, a boutique consulting firm based in New York City, partners with corporate, academic and NGO clients to develop innovative and evidence-based strategies rooted in behavioral science for solving organizational challenges. Over this podcast series we will explore how Design Thinking can be used to improve your compliance program by increasing employee engagement. In this episode, Carsten and I will explore the framework for Design Thinking and the power of co-creation. Highlights include:
A. What is Co-Creation?
1. Co-Design
2. Open Design
3. Platform Creation
B. Why is structure necessary in co-creation.
C. How does co-creation allow a designer to step outside their own experiences and expertise?
D. How does the business process of compliance, rather than written policies and procedures, lend itself to design thinking?
Carsten Tams on LinkedIn 
Resources – If you are interested in reading about the topics discussed in this session, these are our reading recommendations
1. Human-Centered Design:
Human-Centered Design: An Engaging Ethics & Compliance Program Serves Users’ Needs (Carsten Tams)
The Design of Everyday Things (Don Norman, 1998)
Mismatch: How Inclusion Shapes Design (Kat Holmes, 2018)
2. Co-Creation:
Design Thinking In Compliance-Part 1 (Tom Fox)
The Co-Creation Imperative: If You Build It With Them, They Will Engage (Carsten Tams)
Giving Voice to Values (Mary Gentile)
The power of co-creation: Build it with them to boost growth, productivity, and profits (Venkat Ramaswamy & F.J. Gouillart) 

Categories
Compliance Into the Weeds

Expansive SEC Enforcement in the Wind


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into a recent speech by SEC Director of Enforcement Gurbir Grewal and the likely increase in a more expansive use of SEC enforcement.
Some of the issues we consider are:

  • What is the purpose of SEC penalties; to penalize or to deter others?
  • How did SEC Commissioner Crenshaw presage this talk?
  • What about a potential change in DOJ penalties? Its approach and focus?
  • Are monitorships back on the table?
  • What about the CFPB? Will Directors and Officers be held accountable or just the low level minions?

 Resources
Matt in Radical Compliance
More on SEC Penalties Policy Shift

Categories
Daily Compliance News

October 13, 2021 the Pesky Emails edition


In today’s edition of Daily Compliance News:

  • Shareholders revolt at Proctor & Gamble over ESG.(WSJ)
  • John Gruden resigns over racist, misogynist emails. (ESPN)
  • Shifting risk landscape for compliance officers. (WSJ)
  • IMF President to keep job. (NYT)
Categories
Blog

What Values Lurk in a Person’s Heart? Read Their Emails to Find Out

John Gruden resigned as the coach of the Las Vegas Raiders Monday night. He did so after some of the most racist, homophobic and misogynist emails he had sent surfaced in an unrelated investigation. The emails were some of the worst things you could ever imagine anyone typing. They not only spoke to the character and values of the man who sent them but pulled the curtain back on a wider culture in the National Football League (NFL) which seemingly not only tolerates such behavior but celebrates it as well. Most importantly, the entire episode presented multiple lessons learned for every compliance professional. This post will be the first of a two-part blog series on Gruden’s emails, the fallout and how every compliance professional can walk away with multiple lessons learned from this sordid affair.
It all started with the Wall Street Journal (WSJ) reported that Gruden sent an email back in 2011 “about DeMaurice Smith, the executive director of the NFL Players Association, to a team executive. Gruden’s email described Smith with a racist trope common in anti-Black imagery. “Dumboriss Smith has lips the size of michellin tires,” he wrote in the email reviewed by The Wall Street Journal.” From there it only got worse, much worse. The New York Times (NYT) reported  “Gruden’s messages were sent to Bruce Allen, the former president of the Washington Football Team, and others, while he was working for ESPN as a color analyst during “Monday Night Football.” In the emails, Gruden called the league’s commissioner, Roger Goodell, a “fa—-t” and a “clueless anti football p—-y” and said that Goodell should not have pressured Jeff Fisher, then the coach of the Rams, to draft “qu–rs,” a reference to Michael Sam, a gay player chosen by the team in 2014.”
The NYT went on to report, “In numerous emails during a seven-year period ending in early 2018, Gruden criticized Goodell and the league for trying to reduce concussions and said that Eric Reid, a player who had demonstrated during the playing of the national anthem, should be fired. In several instances, Gruden used a homophobic slur to refer to Goodell and offensive language to describe some N.F.L. owners, coaches and journalists who cover the league.” He even said that an owner of a team Gruden coached to the Super Bowl should perform a specified sex act on him.
All of these emails were sent when Gruden was either employed by ESPN, the worldwide sports leader, or by then Oakland Raiders now the Las Vegas Raiders. The NFL espouses racial equality, respect for the LGBTQ community, anti-misogyny and player safety. It certainly appears that both in his heart and, more importantly, when sending emails Gruden was none of these things and held none of those values. As Sports Illustrated (SI) said, “The contents of these published messages are crude and derogatory, and at odds with the values the NFL claims to espouse. Gruden apologized after the first email was released but continued to assert that he is not racist and had no racial intentions with his comments, demonstrating apparently willful disregard for the harm inherent to the words he chose. When the Times published the contents of the rest of the emails, Gruden’s own words disqualified him from leading an NFL franchise, moreover one with an openly gay player, Carl Nassib, and in a league that is 70% Black.”
How did all these emails ever see the light of day? ESPN, the same organization which employed Gruden during much of the relevant time frame, said, “The emails came to light during the NFL’s investigation into workplace misconduct with Washington, as “the league was informed of the existence of emails that raised issues beyond the scope of that investigation,” according to NFL spokesperson Brian McCarthy. Senior league executives reviewed the content of more than 650,000 emails, including the one the Journal reported was written by Gruden to [Bruce] Allen. The NFL sent pertinent emails to the Raiders for review.” The Washington Football Team (as they are now known) had its own toxic culture with the team being fined $10 million and the owner being removed from its day-to-day operations for a period of time.
Over a seven year period, one of the most prominent NFL commentators and later the highest paid coach in the NFL, Gruden was making $10 million annually, on a 10-year contract, sending out racist emails about the head of the NFL players union, criticizing in the crudest way possible the Commissioner of the NFL, disparaging the only openly gay professional football player, attacking the first female referee and encouraging a former employer (and boss) to perform a sex act on him. What lurks in the heart of the man? In Gruden’s case he put it all out in these emails. Did he have those same values when he was a lead analyst at ESPN and later the highest paid coach in pro football? I think we know the answer to that question as well.
What did Gruden say in response to all of this? When the initial email was reported by the WSJ, he simply replied that he did not recall the email. Gruden then amended that statement to say, “Gruden told ESPN that he routinely used the term “rubber lips” to “refer to a guy I catch as lying … he can’t spit it out. I’m ashamed I insulted De Smith. I never had a racial thought when I used it,” Gruden told ESPN. “I’m embarrassed by what’s out there. I certainly never meant for it to sound that bad.” [emphasis supplied – as in how bad did he intend for it to sound?] ESPN issued a terse statement saying in part, “The comments are clearly repugnant under any circumstance”.
Join us tomorrow where I consider what all of this means for compliance officers, corporate America and our collective values.

Categories
Compliance Kitchen

Forced Labor Guidance


CBP issues a forced labor program visual guidance. Listen in as the Kitchen reviews this resource for importers.

Categories
The Compliance Life

John Melican- Move into the Corporate World and Compliance


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 are some of the skills a CCO needs to success navigate the compliance waters in any company? 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, my guest is John Melican, former CCO at AMEX Travel and now Managing Director at Exiger.
Melican moved to the corporate world starting at the New York Stock Exchange and then into the financial services world at Bearn Sterns where he was a Managing Director/Principal for three years. It was at Bearn Sterns he began his career in AML work and in compliance. From Bearn Sterns he went to American Express. He talked about moving from a financial services firm to one of the largest multi-national companies in the travel and financial transactions business.
Resources
John Melican LinkedIn Profile
Exiger

Categories
F*cking Argentina

A Journey Tennis Player’s Prayer

A journeyman tennis player who plays for the first time in the U.S. Open prays the darndest not to be pitted against Roger Federer. In this funny tale, the character shares, “Can you blame me? It’s like he’s the illegitimate Swiss son of James Bond, Cary Grant, and Bjorn Borg.” Our exasperated tennis player thinks his own mother will root for Federer against him!

Join the fun in this new episode of F*CKING ARGENTINA with Tom Fox and Gregg Greenberg. #AJourneyTennisPlayer’sPrayer
ABOUT THE BOOK
F*cking Argentina and 10 More Tales of Exasperation by Gregg Greenberg is a compilation of short stories that dive into the American phenomenon of being in a near-perpetual state of aggravation. Greenberg’s anthology brings together eleven original pieces of work, each with their own slice of independent and distinct plot lines but all converging on the universal theme of exasperation. They run the whole gamut of scenarios, from the titular story “F*cking Argentina” wherein the country is once again in bankruptcy and a polite game of tug o’ war plays out on a porch, to “A Journeyman Tennis Player’s Prayer” with a low ranking U.S. Open contender begging God for a comparable opponent. Both stories end with the superlative f-word, which showcases at some point in other stories, and a guaranteed chuckle from their readers. Buy the book here: http://fckingargentina.com/.
———————————————————————-
Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.