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FCPA Compliance Report

Jay Rosen on Changes from the Compliance Vendor Perspective


The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jay Rosen, Vice President of Business Development at Affiliated Monitors, Inc. We consider some of the top changes Rosen has observed in how companies have thought about compliance solutions.
Some of the highlights include:

  • How Rosen moved from Hollywood the movies to Hollywood, the compliance field.
  • How purchases of items like translation services moved to be seen as an ongoing service.
  • The “Foreign” in Foreign Corrupt Practices Act.
  • The move from reactive compliance to proactive compliance.
  • How consumers of compliance products and services became more sophisticated over time.
  • The changes brought by the Coronavirus health crisis for virtual everything.

Lineup 
I hope you will listen in to each episode over this week. The lineup will be:
Episode 495-Mike Volkov on changes in FCPA enforcement.
Episode 496-Matt Kelly in changes from the business journalist perspective.
Episode 497-Jonathan Armstrong in changes in data protection/data privacy.
Episode 498-Jay Rosen in changes from the business perspective.
Episode 499-Joanthan Marks on changes in internal audit.
Monday, August Episode 500-the Anniversary Episode.

Categories
FCPA Compliance Report

Mike Volkov on Changes in FCPA Enforcement


The FCPA Compliance Report is the longest running podcast in compliance, airing on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Mike Volkov, founder and principal of the Volkov Law Group. We take a look back at the evolution of FCPA enforcement over the past 10 years.
Some of the highlights include:

  • Volkov looks all the way back to the Father of the FCPA, Judge Stanley Sporkin to see the beginnings of cooperation credit under the current FCPA Corporate Enforcement Policy.
  • Why was the Parker Drilling enforcement action a seminal moment in FCPA enforcement?
  • Why the 2012 version of the FCPA Resource Guide was such an important step forward in FCPA compliance. Why the 2020 FCPA Resource Guide, 2nd edition was so welcomed.
  • The continued evolution of the DOJ on both FCPA enforcement and best practices compliance.
  • From reading the tea leaves to the 2020 Update to the Evaluation of Corporate Compliance Programs.

The Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

Categories
FCPA Compliance Report

Jonathan Marks on the Evolution of Compliance Through the Eyes of Internal Audit


The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I have been joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Marks, a partner at Baker Tilly who talks about the evolution of compliance through the lens of internal audit. We consider how some of the changes in compliance mirror those he saw and lived through in the world of internal audit.
Some of the highlights include:

  • Marks looks back at the changes and evolution of the internal audit profession since SOX.
  • Marks sees the FCPA Internal Control provisions as the precursor to SOX.
  • Marks sees professionalism in compliance in a similar arc as he observed in the audit profession.
  • Why was the COSO 2013 Internal Controls Framework a seminal moment for compliance professionals.
  • Why is the move to an overall integrated structure of Enterprise Risk Management so critical?
  • How the 2020 Update to the Evaluation of Corporate Compliance Programs brought business intelligence to compliance.

Lineup 
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Monday, August Episode 500-the Anniversary Episode.

Categories
FCPA Compliance Report

Jonathan Armstrong on the UKBA, GDPR and Modern Slavery Compliance

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Armstrong, co-founder of Cordery Compliance. We take a look back at the evolution of UK and EU laws around bribery, data privacy/data protection and modern slavery and the compliance response.
Some of the highlights include:

  • The UK Bribery Act was a seminal law for international anti-corruption enforcement which brought another sheriff to town.
  • How tech monopolies have led to greater enforcement in the UK and EU.
  • How one person can make a change. Max Schrems was a law school student in 2011.
  • How the US model of FCPA enforcement influenced regulators across the globe.
  • The evolution of DPAs in the UK and elsewhere.
  • Armstrong believes the fight against slavery is a job only half well done.

Lineup 
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

Categories
FCPA Compliance Report

Matt Kelly on Changes Seen by the 4th Estate

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Matt Kelly, founder of Radical Compliance. Kelly is a business journalist who was one of the first to gravitate to compliance. We take a look back at the evolution compliance over the past 10 years from the perspective of the 4th Estate.
Some of the highlights include:

  • How compliance has moved into the mainstream of business news and the discussions about business.
  • How social media has led to a more robust discussion about corporate ethics and democratized other people’s ability to hold companies accountable to ethical standards.
  • The significance of the COSO 2013 Internal Controls Framework.
  • Kelly sees FCPA enforcement as fundamentally different than corporate scandals which led to SOX and Dodd-Frank.
  • The convergence of compliance & ethics and audit & risk management.
  • The increased use of data in compliance as emphasized in the 2020 Update to the Evaluation of Corporate Compliance Program.

Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

Categories
Daily Compliance News

August 24, 2020-the Uber Pays edition

What are of the top compliance and corruption stories for August 24, 2020? Check on the Daily Compliance News to find out.
In today’s edition of Daily Compliance News:

  • Should Fed rethink its mandate. (WaPo)
  • Business write downs surge. (WSJ)
  • Lyft and Uber back off threats to abandon California. (NPR)
  • Uber paid hush money to hackers. (NPR)
Categories
Sunday Book Review

August 23, 2020, the Great Thinkers edition


In today’s edition of Sunday Book Review:

Categories
Daily Compliance News

August 22, 2020-the The Pesky Bro edition


In today’s edition of Daily Compliance News:

  • Trump Administration continues to go after sustainable investing. (NYT)
  • Another PdVSA guilty plea. (WSJ)
  • AMLO in hot water. (FT)
  • Curtiss-Wright discloses possible sanctions violation. (WSJ)
Categories
Accountability: The Heart of Compliance

The Accountability Assessment


We have been getting accountability all wrong in the compliance profession. It’s not a set of tasks – it’s a way of thinking and it has to come from the heart as well as the head. On Accountability: The Heart of Compliance Tom Fox and Sam Silverstein dig into what accountability means to the corporate compliance function and business organizations and most significantly, how to make it an integral part of your culture. In this episode Sam and I, talk about the Accountability Assessment. Some of the highlights include:
·      The Accountability Assessment creates a baseline by which you can create a roadmap.
·      You can benchmark against your Accountability Assessment for continuous improvement.
·      An Accountability Assessment can identify gaps in your corporate culture.
For more information on Sam Silverstein and his work on accountability, click here.
See Sam’s blog post, Corporate Culture: Accountability Means Acting on What You Stand For

Categories
Innovation in Compliance

A Conversation with Skillsoft and StoneTurn: Part 5 – Stephen Martin on Continuous Monitoring and Continuous Improvement


Welcome to a special five-part podcast series, A Conversation with Skillsoft and StoneTurn: From the Code of Conduct to Risk Assessment to Continuous Improvement. This week’s podcast series is jointly sponsored by Skillsoft and StoneTurn Group, LLP. Over the course of this series we have explored the recently released 2020 Update to the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (2020 Update). Focused on your Code of Conduct and how it is informed by your Risk Assessment, training on your Code of Conduct, performing a Risk Assessment and conclude with how all this ties to continuous monitoring and continuous improvement. Participants in this podcast series include: from Skillsoft, Charlie Voelker, Director, Compliance Products; John Arendes, Vice President and GM of Global Compliance Solutions; from StoneTurn, Toby Ralston, Managing Director, Jamen Tyler, Managing Director and Stephen Martin, Partner. In this fifth and final episode, I conclude with Stephen Martin on continuous monitoring and continuous improvement.
A new focus in the 2020 Update and FCPA Resource Guide, 2nd edition, was the new mandate for continuous monitoring and continuous improvement. But it all begins with your risk assessment. Martin said, “they are the most critical part of your compliance program because they frame what you are supposed to do overall in your compliance regime.” What has changed recently, with the 2020 Update is the emphasis around continuous program improvement and that it should be “guided by your risk assessment, which is something new.” This means that you must look at more than “simply a limited snapshot in time, but using risk assessment, that is based on continuous operational data and information across a number of functions so that you can have real time risk assessment and improvement of your compliance program.”
All of these developments have led to the clear conclusion that your compliance program should be a living breathing document. Martin said, “I think it’s more important today, given the guidance that came out, before you would talk a risk assessment that would be done once a year or once every couple of years, or perhaps you would do a program assessment. Now, what you’re expected to do is continually be evaluating your program and looking at data and information.” From there compliance officers and companies need to gather the data and look at is as an “ongoing review to update your policies, procedures, and controls, and tracking the information to incorporate into their risk assessments.”
Webinar
If you enjoyed today’s podcast, I want to let you know about an upcoming webinar Skillsoft and StoneTurn are hosting. The webinar “Evolving Your Compliance Program” will be held on Wednesday Sept 23 and will explore how companies are leveraging data and information to improve and evolve their compliance programs. Information and Registration click here.
 Resources
For more information on Skillsoft’s compliance offerings, click here.
For more information on the Skillsoft/StoneTurn partnership, click here.
For more information on StoneTurn, click here.