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Daily Compliance News

Daily Compliance News: April 11, 2019-the what is Uber risk edition

APRIL 11, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

  • New enforcement around Petrobras scandal ramping up. (Reuters)
  • Is something is rotten at Airbus? (Reuters)
  • How do you evaluate ‘Uber’ risk? (Financial Times)
  • Trump Building Condo Tied to Scandal-Scarred Foreign Leader. (Financial Times)
Categories
Shakespeare on Compliance

Shakespeare on Compliance – Engaging Your Audience

I recently saw the performance of King Lear with Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week. In this episode, I want to discuss the opening scene where Lear bids his daughters express the breadth and scope of their love for him.

Lear has called a conference to divide his kingdom between his three daughters, Goneril, Regan and Cordelia, his youngest who is clearly is favorite. Goneril professes her love is more than words alone can convey, saying “A love that makes . . . speech unable / Beyond all manner of so much I love you”. Regan professes, “Myself an enemy to all other joys, Which the most precious square of sense possesses, And find I am alone felicitate in your dear Highness’ love.” However, Cordelia refuses to play the flattering fool. Her father twice gives her the opportunity to redress this decision but she holds firm saying “Nothing, my lord”. This leads to the break in the family, the deaths of the sisters and the fullest scope of tragedy.
Why do you need to engage your audience? I thought about this in the context of the Foreign Corrupt Practices Act, compliance and regime change. This is not Saddam Hussain regime change where the US government invades a country to throw out the old boss. This is a democratically elected-peaceful transfer of power. However, it now appears that regime change now means corruption investigations which impact not only the FCPA but also US companies. Every compliance officer needs to aware of this new reality. Take three recent regime changes, together with what they have meant; and perhaps one to come.

  1. South Africa
  2. Malaysia
  3. Brazil
  4. Venezuela

The bottom line is that every Chief Compliance Officer (CCO) must now watch local politics much more closely. If you are doing business in a high-risk country and there are new leaders brought in through democratically elected regime change, your company had better be ready for a robust corruption investigation. Certainly if Malaysia, South Africa and Brazil are any indication, prosecutors from nations with new regimes may well share their findings with the US Department of Justice (DOJ). This means that regime change could lead directly to a FCPA investigation, where the disclosure was by a foreign government and not the company self-disclosing. If there is no self-disclosure, a company is not eligible for the declination under the 2017 FCPA Corporate Enforcement Policy.

Categories
Great Women in Compliance

Great Women in Compliance-Confronting Issues Women Face in the Workplace with Amii Barnard-Bahn

How can you make sure you’re not left behind as a woman in compliance? Join us on this episode with Amii Barnard-Bahn, an executive coach and strategic advisor. Today we’re talking about breaking through the glass ceiling, making sure you’re getting your fair share, and stepping up into leadership.
Breaking through the glass ceiling
Women need to support each other. In terms of breaking through the glass ceiling, Amii shares a pledge of support she took: Don’t tear each other down. Say yes to helping and connecting each other and not filtering support. Reinforce women’s voices. Help each other get credit.
And in addition to women supporting women, it’s really critical for all leaders to be aware of their impact on other people. Leaders succeed or fail based on two things: how well they work with others, and how well they know themselves.
Negotiating salaries
Know the going market rate for your job in your geography. Amii gets this data from three places: asking other colleagues what they’re making, asking for pay ranges during job interviews, and through consulting salary surveys. These data points are usually good for two to three years and have them in your back pocket during negotiations.
Women don’t talk salary, and we need to be more comfortable sharing this. Come to the bargaining table with objective information, and definitely stay polite and professional. You may not get the bump, but it’s always worth a shot.
Equitable salaries for different genders
Companies can do their part in ensuring that there is no gender-based pay inequity by: participating in and purchasing quality salary survey data, having accurate and updated job descriptions for their jobs, having job families that clearly outline the succession and promotion opportunities within the growth span of the job, and conducting an equity audit and evaluating whether there is a material pay disparity between genders, race, or age. If you’re discriminating, you need to know it and take action.
Looking the part
Good grooming is important, and that doesn’t necessarily have to include a lot of makeup. Dress appropriately so that whoever you’re speaking to can hear what you have to say and are not distracted by the way you look. This speaks to a broader issue of developing and cultivating an executive presence no matter what level you are at the organization. And don’t forget about your posture, your tone of voice, your eye contact, and most importantly, projecting warmth.
Being ready for leadership
Amii quotes Jack Welch: “Before you are a leader, success is all about growing yourself. When you become a leader, success is all about growing others.”
Managing is easy. Leading is hard. When people get promoted, it’s difficult to let go of the things that made them successful in the first place: being the technical expert and having the right answer. Now the focus is no longer on accomplishing the task yourself, but helping other people around you achieve theirtasks.
You need to see beyond your subject matter expertise and demonstrate through your actions that you understand the overall business strategy and that you’re always acting in the best interests of the entire organization.
Resources
Amii Barnard-Bahn (LinkedIn)
Categories
Shakespeare on Compliance

Shakespeare on Compliance – Changing Your Focus

I recently saw the performance of King Lear with Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week.  In this episode, I want to discuss how this production changed the focus of the play, away from the madness of the king to the actions of the three daughters.

Perhaps it was my perception of the play or perhaps it was the director’s intention but the focus in the first half of the play was clearly on the daughters and their families. Both Goneril and Regan played much more prominent roles throughout the first scene and their joint liaisons with Edmund, later the Earl of Gloucester, were key components of this production. Moreover, their husbands, the Duke of Cornwall and the Duke of Albany, also played prominent roles. The Duke of Cornwall, for instance his role in this production was more than the traditional highlight for him, which is the blinding of the original Earl of Gloucester. (Even in this production it still elicited gasps from the audience.)
Even after the intermission, where some of the most powerful scenes in all of Shakespeare playout, including the blinded Earl of Gloucester and the mad Lear wandering the moor, this production held a distinct focus on Lear’s daughters and their families, adding in the complexity of Edmund, the new Earl of Gloucester, having an affair with Goneril while secretly pledged to wed Regan.
In the most recent Harvard Business Review (HBR), Scott Berinato writes, in an article entitled “Data Science and the Art of Persuasion”, that most companies are not getting the value from data science initiatives and prescribes ways to remedy this phenomenon. Last year, at Compliance Week 2018, Hui Chen said on a panel that she expected the compliance team of the not-so-distant future would have a data scientist. As with most of her pronouncements, she was way ahead of the crowd.
You must start with the premise that most CCOs and compliance professionals are legally trained, usually without any data analytics classes in law schools still operating under the Socratic Method. Even if a stat class is thrown in somewhere along the way in undergrad, grad school or even through some business school outreach to law students, that does not begin to prepare someone to understand the insights available through advanced data analytics. The key is to build a better data science operation. There are four suggestions, with the over-arching theme of defining the talents you need to understand and communicate the data.

  1. The unpacking of data and creation of insights is a skill.
  2. Data wrangling.
  3. Expertise.
  4. How to communicate the information.
Categories
Daily Compliance News

Daily Compliance News: April 9, 2019-the Varsity Blues-guilty pleas edition

APRIL 9, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

Categories
Shakespeare on Compliance

Shakespeare On Compliance – Innovation

I recently saw the performance of King Lear with Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week. Today, I want to use the nature of the production, to introduce the day’s topic of innovation in compliance.

Gold’s Lear production was both unique and innovative. It was quite a large stage but the lightening was used to great effect. When the director wanted to shift the action, to another group of actors or topic, the lights were simply shut off to the actors not involved. They did not have to exit the stage and then return. This allowed them to remain on stage and the action could move back and forth without disruption.
The second innovation was in the use of music. While I am generally not a fan of music in Shakespeare, unless used in the original show notes, such as bugles blaring; I am not a fan of music in the performances. However there was a classical quartet which played throughout the performance that I felt truly enhanced the entire production. Finally, I normally revolt at any singing in a Shakespearian production. There were a couple of singing scenes which almost worked for me but at least they did not detract from the overall performance.
I thought about this in the context of how to move compliance innovation into the corporate pantheon of greater business process efficiency when I read a recent MIT Sloan Management Review article, entitled “Grow Faster By Changing Your Innovation Narrative”, by George S. Day and Gregory P. Shea. In the article they discussed their findings that organizations that sustain growth “faster than industry rivals articulate a coherent, compelling innovation narrative and rely on four powerful levers to make it a reality.” They posited four key levers for doing so which I believe would work well for a compliance function to sustain innovative growth within an organization and with its customer base, i.e. employees. I have adapted their piece for such an exercise.
The first lever is to invest in compliance talent.
The second lever is encouraging prudent risk taking.
The third lever is to adopt a customer centric process.
The fourth lever is aligning metrics and incentives with innovation activity.
The bottom line is that senior management is well-versed in the need for innovative and effective compliance. By using these four levers, a compliance practitioner can help senior managers to focus the organizations compliance efforts. The authors conclude by stating, “A growth-affirming  innovation narrative and the four levers that make it manifest within a company can help leaders focus and prioritize their innovation efforts. The process of identifying and articulating the narrative is essential to understanding the culture of innovation within a company and envisioning what it can achieve. The levers bring that narrative to life. Without them, organic growth leadership in any industry is a hit-or-miss endeavor.”

Categories
FCPA Compliance Report

FCPA Compliance Report-Episode 425, the Fresenius FCPA Enforcement Action

In this episode I have back fan fav Mike Volkov. We break down the recently released Fresenius FCPA enforcement action. Some of the highlights from the podcast include:

  • A detailed discuss of the underlying facts.
  • What were the bribery schemes? Some old and some new but every compliance professional should study them.
  • How and why did Fresenius let the conduct go on for so long.
  • How was the company able to garner a NPA?
  • How did the company obtain its 40% discount for its fine and penalties?
  • Why was a monitor required?
  • What are the lessons learned from this enforcement action?

To take a deeper dive into the Fresenius FCPA enforcement action, check out Mike Volkov’s three-part series on his blog site, Corruption, Crime and Compliance. You can also check out my multi-part series on the FCPA Compliance Report.

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Daily Compliance News

Daily Compliance News: April 8, 2019-the changing spots edition

APRIL 8, 2019 BY TOM FOX

 

In today’s edition of Daily Compliance News:

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Daily Compliance News

Daily Compliance News: April 6, 2019-the return on bribe (ROB) edition

APRIL 6, 2019 BY TOM FOX


In today’s edition of Daily Compliance News:

  • Pharma exec who developed return on bribe metric goes to jury. (NPR)
  • Wilkie-Farr co-chair pleads guilty in admissions scandal. (Bloomberg)
  • How the Nordic banks came to grief in the Baltics. (FT-Big Read)
  • Schlumberger in trouble over sanctions violations again. (Financial Times)
Categories
Innovation in Compliance

Innovation in Compliance-Part 5: The Supply Chain Efficiency Premium

Today we conclude our five-part podcast series on an innovative approach to managing third party risk we consider how to use this information going forward. I have been joined by James H. Gellert, the Chairman and Chief Executive Officer (CEO) of Rapid Ratings International Inc. (RapidRatings), the sponsor of this special series. Our conversation has been on helping companies manage their third-party supply chains through financial health. The RapidRatings approach is incredibly innovative, with a series of products and services that should be considered by the compliance practitioner. In our final episode, we discuss the supply chain efficiency premium.

I began by asking Gellert the following: What is the ability of the compliance procurement, credit professional and other cross functional areas to have seamless communication of their data analytics and findings? Obviously, this is vitally important with a hindrance of siloed information across those different business units. He stated, “what we are finding is the most evolved and sophisticated risk management programs are making sure that each one of those areas that may touch on risk is in some form or another connected with the others on findings, so there’s efficiency in that process”; from the Chief Information Officer (CIO) to the Chief Compliance Officer (CCO) to the Chief Financial Officer (CFO).
This means that data and analytics should be shared across business units to benefit from the supply chain. Continuous monitoring and understanding that when a company is deteriorating its financial health could be an indicator of problems. Further, fraud, and even corruption, is more likely to occur when the company is weak and under extreme financial duress and pressure. This is why having a leading indicator like the Financial Health Rating (FHR) is critical because it can communicate to a compliance professional when a company is weakening  and enables a risk management to be focused on those suppliers who require a more focused risk management solution.
Gellert related that another “big part of it is making sure that everyone in your organization is speaking from a common language and that the analysis and the findings are shared. This means developing workflow efficiency and also creating a return on the investment for an overall risk management program.” It also allows companies to help their suppliers. Finally, it allows your organization to have a dialogue with suppliers. “It comes from transparency around financials and other risk areas and being able to perform the appropriate risk analysis that can be fostered through a dialogue. The more a company understands the problems that its supplier may have, the more it can do things to help that supplier through those problems.”
The bottom line is that companies want to continue to work with their suppliers. It is not good or even efficient business to engage in looking for ways to stop working with them. The more a business can work with a supplier in a collaborative way to help them through times of difficulty benefits everyone and allows a company that is engaged in risk management and invested in a risk management process to be able to demonstrate the return on investment to the finance side of an organization.
With this process in place, you can develop a well mapped out workflow for handling problems when they arise so that if one comes up, it allows your organization to repurpose and reuse the workflow. Gellert said it “allows for maximum leverage, maximum workflow efficiency.” Once the “tools necessary to put these systems and process are in place, they can be replicated.” Lastly, “When that occurs, the business efficiency and the gain that can come from this kind of an analysis on financial health and other risk areas really does pay dividends in the companies that do it, I think are benefiting significantly across all the different business units that it touches.”
Gellert concluded, “It’s about creating ecosystem that can grow with your business. When your business is doing well, the last thing you want to do is have the opportunity to expand, but then all of a sudden there is a problem in your supply chain that you could have avoided, but you were not being proactive enough to do so. It is very much about creating the most resilient supply chain where you are reducing risks, but you’re also expanding the opportunities to grow over time.” This is the real supply chain efficiency premium.
This podcast series is sponsored by Rapid Ratings International, Inc. For more information, check out their website at www.rapidratings.com.