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The Affiliated Monitors Expert Podcast

The the Power of a Pre-Settlement Monitorship


In this episode,  I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 3, we consider the power of a monitorship in the pre-settlement phase of any matter.
Some of the highlights from this podcast include:
1.  What is an Internal Cultural Assessment?
2.  How can a pre-settlement monitorship be used as a (a) Pre-emptive Strike; or (b) to prevent a suspension or debarment action?
3.  What is the power of a pre-acquisition monitor in M&A Due Diligence?
4.  How is an independent integrity monitor can be a powerful prescriptive tool?
For additional reading see Jay Rosen’s article What is the Power of a Pre-Settlement Monitorship?on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. visit their website here.

Categories
Digging Deeper

Digging Deeper Episode 1: The Con Queen of Hollywood


The individual dubbed the “Con Queen of Hollywood” has been arrested, but how did we get here? K2 Integrity’s Nicoletta Kotsianas, the lead investigator on the case, breaks down the scam’s evolution and ultimate end with Chris Morgan Jones, in our inaugural episode of “Digging Deeper.”
 

 
This episode features a conversation about the high-profile scam, K2 Integrity’s investigation, and where the case is headed. Listen today, and learn more about the case at this link.
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 PodcastsSoundCloudSpotify or Stitcher
 

Categories
The Compliance Life

Kim Yapchai, Journey to the CCO Chair


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 Kim Yapchai, the Chief Counsel – Environmental, Social & Governance at Tenneco Inc. This encompasses both compliance and sustainability.
Kim calls herself a “businessperson with a law degree” and she has had a distinguished career in the in-house world. She held in-house positions at Ford Motor Credit Company and Masco before moving to Whirlpool to become the company’s first Chief Compliance Officer. From there she moved to Tenneco to the CCO chair and then into her current role. Further, she is the company’s first Chief Sustainability Officer. In this role, she is working to improve transparency of information shared with stakeholders, set goals, and promote the use of that information by investors, customers, and others. Kim has received numerous awards include the prestigious Top Minds in Compliance Award from Compliance Week.
In this second episode, we take up the in-house roles In Kim held on her road towards the CCO chair. At Masco she was given the compliance portfolio and this was her first exposure to corp compliance. She was determined to “take the grown out of compliance” and did so by using humor and storytelling in compliance training. Kim said that employees that are engaged by and with compliance become ambassadors for compliance. At Masco as her first exposure to compliance on the international stage as well, learning you need to leave room to tailor compliance to local culture.

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Innovation in Compliance

BMO Empower-We Can’t Leave Anyone Behind with John Petrovski


Tom Fox welcomes John Petrovski, the Senior Director of Commercial Lending at BMO, to this week’s episode. Tom and John discuss BMO’s new business initiative BMO Empower, and its efforts to help low to moderate-income and minority communities.

Promoting Economic Diversity
BMO Empower’s mission is to promote inclusive economic recovery through six main initiatives. All their initiatives are geared towards financing black and Latinx owned businesses, as well as low income and women-owned businesses. BMO Empower provides financing for their business growth, as well as financial education. John explains how the money is distributed throughout the six initiatives that make up BMO Empower.
Supplier Diversity
John stresses the importance of supplier diversity. He feels that BMO ought to have more minorities among their supplier list especially since the company has been around for more than two centuries. A way he’s sought to rectify this is through targeting and expressly buying from minority and women-owned businesses. “Not only will those efforts help address the issues of systemic racism but it’s also good business,” Tom quotes from John’s press release. John adds that a public-private partnership is needed to fully achieve this, and that individuals need to do their part.
Resources
BMO Empower
John Petrovski on LinkedIn

Categories
Daily Compliance News

December 8, 2020-the Snyder Fights edition


In today’s edition of Daily Compliance News:

  • Snyder now fighting NFL probe. (WaPo)
  • Humor in compliance? (NYT)
  • Do companies want diverse Boards? (WSJ)
  • New whistleblower program proposed in Defense Bill. (WSJ)
Categories
FCPA Compliance Report

Don Stern on the US Attorney Offices

In this episode, I am joined by Don Stern, Managing Director at Affiliated Monitors and former US Attorney for Massachusetts. We discuss the 93 US Attorneys offices across the US. How they work, how are cases worked up and their interaction with Main Justice in Washington.

Some of the highlights include:

  • What is the Dept of Justice structure including the US Attorneys?
  • What is the role of a US Attorney?
  • Is policy set at Main Justice in Washington and then carried out in offices across the country?
  • What is the relationship of the US Attorney offices to Main Justice?
  • Does a US Attorney or the office decide to open an investigation or does the FBI or other investigative agency bring information to the US District Attorney and ask them to prosecute?
  • If there is a prosecution of a Main Justice investigation, who staffs the matter at trial?
  • How are cases worked up in US Attorney’s offices?
Categories
Daily Compliance News

December 7, 2020-the Chickens Come Home edition


In today’s edition of Daily Compliance News:

  • Chick-Fil-A suing its suppliers for price-fixing. (WSJ)
  • Will Biden Administration require greater disclosure of ESG data? (WSJ)
  • More fraud at Wirecard (This is my shocked face). (FT)
  • BOE loses $67bn in cash. (NYT)
Categories
Sunday Book Review

December 6, 2020, the Mind Opening Business Books edition


In today’s edition of Sunday Book Review:

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Daily Compliance News

December 5, 2020-the FCPA Year edition


In today’s edition of Daily Compliance News:

  • Chinese prof pleads guilty in Huawei theft case. (WSJ)
  • Foreign bribery enforcement set for record setting year. (WSJ)
  • Former Google employee claims termination after criticism. (NYT)
  • TikTok deadline passes (again). (NYT)
Categories
Daily Compliance News

December 4, 2020-the Bad Actors edition


In today’s edition of Daily Compliance News:

  • Vitol Paying $163MM to Settle Corruption, Manipulation Charges. (WSJ)
  • South Carolina Utility Agrees to $137.5 Million Settlement to Resolve Fraud Charges. (WSJ)
  • Will Huawei plead guilty over corruption allegations? (WSJ)
  • DOJ sues Facebook over HB-1 visa issues. (WSJ)