In today’s edition of Daily Compliance News:
Author: admin
In today’s edition of Sunday Book Review:
- Russian Roulette: The Life and Times of Graham Greene-Richard Greene
- Graham Greene-A Life in Letters by Richard Greene
- Between Form and Faith: Graham Greene and the Catholic Novel by Martyn Sampson
- The Life of Graham Greene by Norman Sherry
Categories
Confidence Tricks
Welcome to the latest edition to the Compliance Podcast Network, The Wirecard Saga. In this series, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors. In this episode, we take a deep dive into the gaps in compliance in not simply Wirecard but in those entities which facilitated Wirecard or did business with Wirecard. Some of the highlights include:
- IC Loses Confidence in Regulators
- Stock Exchange Shrugs
- FREP Head: Rules Don’t Apply To Me
- HÜSt Shocked
- BaFin Economical With the Truth
- Feeble Efforts
- von Knoop’s Social Life in Ruins
- Weiss Sings Like Canary
- Marsalek’s Confidence Trick
- Austria Spies on German MPs
- Schmidbauer Consults
- Novomatic
As the state of Texas goes dark due to cold weather and our jr. Senator Ted Cruz (#CancunTed) heads out to Mexico to get away from it all, Tom and Jay look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA.
- How does weather inform compliance? Tom explores from an undisclosed power and water free location in Texas. Managing Risk, Root Cause Analysis and Continuous Risk Assessments.
- What is the ‘Baader-Meinhof phenomenon’ and how does it inform compliance? Dick Cassin explores in the FCPA Blog.
- Embezzlement and corruption? CISCO discloses both in a filing. Dylan Tokar in the WSJ Risk and Compliance Journal.
- Former Braskem CEO in talks to plead out. Dylan Tokar in the WSJ Risk and Compliance Journal.
- Hiring and screening in a pandemic. Matt Jaye in CCI.
- How does Tom Brady (TB12) inform compliance? Jay explores in this LinkedIn
- Where is SEC enforcement going under Biden. Dylan Tokar in the WSJ Risk and Compliance Journal.
- On The Compliance Life, Natalia Shehadeh, CCO at ABB joins me this month. In the first episode, Natalia explained why she choose the compliance profession. Check out the Episode 1 and Episode 2. In Episode 3, Natalia discusses moving into the CCO chair.
- New podcasts out on the Compliance Podcast Network this month. In ComTech, Valerie Charles joins Tom for an exploration of the intersection of compliance and technology. Episode 2 which posted Monday, February 8, featured Parth Chanda, the Skywalker of Compliance. In Big Brains in Compliance, Tom is joined by Stephen Martin to visit with some of the top thinkers and doers in compliance. It premiered February 22. Finally Tom premiers a new video podcast (PodTube) on YouTube. The Compliance Handbook, a podcast on the nuts and bolts of compliance. In Episode 1, he is joined by Stephen Martin to talk about how to best think through a comprehensive compliance program. In Episode 2, Tom was joined by Mike Volkov to discuss the Board’s role in Compliance.
- A new AMI podcast is out, Integrity Through Compliance. It will have AMI’s expert observations and guidance in the fields of ethics, antitrust, healthcare, government contracting, corporate governance, cybersecurity, construction, telecommunications, consumer protection and more. In the Episode 1, AMI founder Vin DiCianni visits with AMI MD Jerry Coyne the future of telehealth & home healthcare during a pandemic and beyond. In Epsiode 2, Brenda Morris and Dionne Lomax visit with Jennifer Newton. In upcoming Episode 3 on February 24, Joseph K. West, Partner & Chief Diversity and Inclusion Officer, Duane Morris joins the podcast.
- On Thursday, February 25, join the “Ask an Expert FINQuiry” webinar on DOLFIN: K2 Integrity’s financial crimes compliance experts will respond to your AML/CFT, sanctions, and other financial-integrity-related questions. Information and Registration here.
- Join the Baker Tilly Fraud 1st Annual Fraud and Compliance Summit, Tuesday, Feb 23, 2021, to Thursday, Feb 25, 2021. Details and registration here.
- Interested in podcasting? Want to be a part of a Guiness World Record attempt? PodFest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Join Tom and others at Podfest Global Summit at any time during March 1-5. Best all of listeners to this podcast can attend at no charge. Register here, using promo code CPN.
- Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
What happens when an investigator stumbles upon a personal detail that leads to professional misdeeds? In Episode 3 of Digging Deeper, Chris Morgan Jones interviews Lisa Silverman, senior managing director in Chicago, about cases where the personal interfered with the professional.
One of the most challenging parts of an investigator’s job is to not try and make the facts stick to a theory – but to develop a theory based on the actual facts. Everyone has a story, and often a client can have a theory. But what sets an investigator apart is the ability to find the accurate story, not the popular one. With the ever-increasing amount of information available on the internet, getting the information is just the first step. Where an investigator’s skills come in now are in undertaking a thoughtful analysis, separating accurate information from falsehoods, and then determining how the information fits together to tell a story. Also, the repositories for information have changed over time. For example: twenty years ago, when investigating an employee for fraud, it was common to physically sift through files for details. While that still happens, more often, investigators forensically image the subject’s computer and conduct their analysis digitally.
As investigations become more complex, the ability to observe and think critically have become invaluable to uncovering the facts and securing the right outcome. Whether the issues centers around cybercrimes; trade secrets spirited overseas; a due diligence on a prospective executive or board-level hire; a range of frauds; or a variety of international compliance issues with no easy solutions; a deep dive into a potential investment; or a range of other challenges, a skilled investigator’s job is to follow the trail of clues to the bare facts, and then to help clients use them in a way that is as whole and protected as possible in the corporate and legal arenas they occupy.
Learn more about our investigative services.
Digging Deeper, an investigative podcast series by K2 Integrity, helps shine a light on the investigations industry as few can: via the real-world, exceptional practitioners who, day in and day out, conduct this work across sectors and around the globe. Listen in to each episode where guests explore unique cases and share what they uncovered along the way to crack the code for clients. Learn more by clicking here, or subscribe on Apple Podcasts, SoundCloud, Spotify or Stitcher.
Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jonathan Armstrong, Jonathan Marks, Matt Kelly and Jay Rosen for a deep dive into plethora of topics generally related to the GOAT in football and the Coronavirus pandemic. We end with a veritable mélange of rants and shouts outs.
- Jonathan Armstrong joins us from London to review the UK Supreme Court decision in the KBR Section 2 document request case. He shouts out to the UK Judiciary for its perseverance during the Coronavirus health crisis and a special shout out to Texas lawyer Tiddles the Cat.
- Matt Kelly considers the recent CDC guidance on vaccine and the return to work movement by asking how it all will impact compliance. Matt shouts out to GOP Representative Adam Kissinger for his calling out the hypocritical behavior in failing to punish Donald Trump for leading an insurrection against America.
- Jonathan Marks looks at the Fraud Pentagon in the context of fraud risks in the era of the Coronavirus pandemic. Marks shouts to former National Holdings CCO Kay Johnson for her victory over her former employer who fired her when she investigated the company CEO for securities law violations.
- Jay Rosen pens a love sonnet to the GOAT and his former QB Tom Brady and looks at Tompa Bay’s accomplishment from the compliance perspective. Rosen shouts out to Twitter and FB for banning the former President from their platforms.
- Tom Fox rants about former KPMG UK chairman Bill Michael who was forced to resign after telling KPMG employees to ‘stop whining’ about working during the Coronavirus pandemic. For good measure Michael said there was no such thing as ‘unconscious bias’ against minorities.
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
- Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
- 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 armstrong@corderycompliance.com
- Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com
The host and producer (and sometime 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.
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
For those of you who do not know the origin of the Great Women in Compliance podcast, put simply, we are not sure if this podcast would have started without the support and guidance of Tom Fox. He is known as the Compliance Evangelist and has been that and more to so many in our field.
We have wanted to include him as a guest on the podcast, and this turned out to be the perfect time as he is about to release an update of the Compliance Handbook, 2nd edition (LexisNexis) which pulls off the trick of being a practical how-to guide while also including nuanced analysis of the law and regulations.
Mary and Lisa are both a part of this special interview, where Tom discusses the handbook as well as his experience in building the Compliance Podcast Network and how he keeps up-to-date with so much going on in our space. He also discusses what advice he would give to new compliance practitioners.
Listeners to this podcast can received PreSale discount of 25% is available for presale purchase. Use the code FOX25 for the presale discount and go here for more information and to order The Compliance Handbook 2nd edition. It will be available in both print and eBook editions. It will be published in April 2021.
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.
Lisa and Mary have extended the Great Women in Compliance brand to the book “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020) which can be found on Amazon and features valuable wisdom and advice from Great Women in Compliance across the world.
If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?
As always we are so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up, or would just like to reach out and say hello, we always welcome hearing from our listeners.
Join the Great Women in Compliance community on LinkedIn here.
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. Last week we considered the SEC regulations requiring companies to detail human capital issues in their annual reports and what it meant for compliance. This led to a week-long dialogue between Matt and myself about the current state of employee trust and its role in corporate culture and a best practices compliance and ethics program. Some of the issues we consider are:
- Trust is down.
- The now former UK KPMG Chairman who told employees to ‘quit whining’ about the Coronavirus health crisis issue.
- Employees are under more pressure to deliver results. What does this do to trust?
- Employee to employee trust issues in WFH.
- Trust issues around RTW, both employee to employee and management response to employee health and safety issues at the workplace.
- Benjamin Moore getting rid of legal department and then restricting employee access to legal assistance.
- Greater fear toward retaliation stopping whistleblowers from coming forward.
Resources
Matt’s blog post in Radical Compliance:
Corporate Culture and Human Capital Disclosures
Tom’s blog posts on the FCPA Compliance and Ethics Blog:
A Macro Approach for Human Capital Compliance
Hal Holbrook, Mark Twain and Employee Trust
How to Destroy Employee Trust
Leadership Lessons from Abraham Lincoln
The Board’s overarching intention is to maintain a company’s growth and success by overseeing its affairs while fulfilling its owners and critical parties’ appropriate needs. On a case-by-case basis, it is for the Board to judge which participants it treats as ‘important’ and which of its concerns is necessary to comply with, keeping in view the legislation, the relevant laws, and market considerations. A board of directors does a uniquely challenging range of obligations and obstacles in fulfilling this core objective and often faces a set of contradicting set of priorities. These Pandora’s boxes motivated Tom Fox to take a leap and do something to educate and provide valuable resources for board members and those in the same field. In todays’ episode of The Compliance Podcast, Tom is joined by the legendary Mike Volkov of the Volkov Law Group. Tune in to the episode as Tom and Mike share a meaningful discussion about the “The Role of Boards and Compliance.”
Key Takeaways Discussed in the Episode:
- Be reminded of the crucial roles of the Board as accentuated by Mike Volkov. According to Mike, at all times, the Board should;
- Promote the goodwill of clients and related stakeholders.
- Bear the accountability for overseeing the company and its operations through a management structure and entrepreneurial leadership.
- Be mainly accountable for authorizing the organization’s strategic goals and working to ensure that the human and financial capital required to achieve such objectives are made available.
- Continually evaluates the risk assessment and internal control activities of the organization through the Audit Committee.
- Recognize any weaknesses or shortcomings to accomplish its ultimate aim. Therefore, the Board is advised to reflect on specific duties that it must or intends to conduct itself and determine if the top leadership can execute further in the correct way.
- Have you heard of the “High-minded Nondisclosure Route“? If not, tune in to the episode, as this might help when things get rough.
- Recognize the importance of having a Board of Directors’ Compliance Committee and why there should be a Compliance expert on the Board.
- Hear more about what leads to a successful Board investigation and the compliance metrics a Board should look for.
- Be informed of recent Board failures in compliance and learn from these failures to not walk on the same path.
- Explore the promising outcomes of incorporating compliance into long-term Board strategy.
The Compliance Handbook, 2nd Edition
The Second Edition incorporates the most current government pronouncements governing best practices compliance programs including: the 2019 Evaluation of Corporate Compliance Programs released by the Fraud Section of the Department of Justice, and its 2020 Update; the updated FCPA Resource Guide 2nd edition; the Framework for OFAC Compliance Commitments; and the 2019 DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and non returnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis + for further legal research options. A valid subscription to Lexis + is required to access this content.
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