Categories
Corruption, Crime and Compliance

Third-Party Risks and Sanctions Compliance

With the beginning of the “New FCPA” era coined by DOJ’s Deputy Attorney General Lisa Monaco, we now need to focus on third-party risk and sanctions enforcement. The law, the practice, and the risks are important and not just the same as FCPA legal requirements. As we embark on a new criminal enforcement era surrounding sanctions violations, companies have to address this issue and do it correctly. 

In this episode, Michael Volkov takes a comprehensive look at third-party risks from the distribution and supply sides and outlines appropriate strategies to manage these risks.

  • Epsilon Electronics serves as a stark reminder of the financial consequences of non-compliance. The company faced an OFAC enforcement action due to a shipment to Iran, resulting in a staggering penalty of over $4 million.
  • Apollo Aviation Group settled with OFAC for $210,600 for leasing aircraft engines, which ultimately ended up being placed in to aircraft of a prohibited entity, Sudan Airways, violating sanctions regulations.
  • ELF Cosmetics settled with OFAC for $996,000 for importing false eyelash kits containing materials sourced from North Korea, highlighting supply chain due diligence failures.
  • The ELF Cosmetics case underscores the crucial role of supply chain due diligence in preventing sanctions violations. Instead of sticking their heads in the sand, companies must undertake basic supply chain due diligence when sourcing products from regions close to high-risk countries or regions.
  • “Reason to know” is now the key phrase guiding the New FCPA era. OFAC does not need to prove goods ultimately end up in a sanctioned country. When you see red flags, you must resolve them or they could be considered a “reason to know” in OFAC’s eyes.
  • Seven essential elements to boost your compliance program and effectively mitigate third-party sanctions risks include risk assessment, varying levels of due diligence, end-user documentation, monitoring, training, and red flag identification.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

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Compliance Tip of the Day

Compliance Tip of the Day: How AI is Transforming Risk Management

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In today’s episode, we begin a week-long look at some of the ways Generative AI is changing compliance and Risk Management.

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FCPA Compliance Report

FCPA Compliance Report: Evie Wentink on Making Compliance Training Practical

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report,  Tom Fox has a fascinating visit with Iveta (Evie) Wentink, a 15-year compliance veteran. Evie has worked in the public and private sectors and has expertise in compliance training, hotlines, government contract compliance, data privacy, reporting, & due diligence.

Evie has one of the most unique opening lines for hotline training, which is ‘Do You Know Your Hotline Number?” This simple yet incredibly important question encapsulates Evie’s approach to compliance training: make it simple, direct, and practical for the listeners. (Or, as Carsten Tams would say, ‘It’s all about the UX’).

Our conversation focuses on the critical role of hotline numbers in corporate compliance programs, emphasizing the need for employees to know and trust the hotline. Evie shares insights from her career, highlights the significance of marketing compliance hotlines effectively, and discusses the broader culture of compliance and non-retaliation in organizations. She shares practical tips for improving hotline awareness and usage, making this episode a valuable resource for compliance professionals and organizations alike.

Highlights in this Episode:

  • Enhancing Trust through Active Compliance Reporting
  • Promoting Reporting Culture Through Creative Marketing
  • Ethical Culture: Encouraging Compliance Reporting Safely
  • Enhancing Compliance Programs Through Anonymous Hotlines

Resources:

Evie Wentink on LinkedIn

Evie’s Top 10 Compliance Back to Basics

Tom Fox

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Adventures in Compliance

Adventures in Compliance: Compliance Lessons from The Second Stain, Part 2

Welcome to a review of all the Sherlock Holmes stories that are collected in the work “The Return of Sherlock Holmes.

It is a collection of thirteen detective stories written by Sir Arthur Conan Doyle, marking the reappearance of the brilliant detective Sherlock Holmes after his apparent death in “The Final Problem.” The collection spans various intriguing cases and mysteries that Holmes and his loyal friend Dr. John Watson tackle.

Today we conclude our exploration of the third group of short stories found in The Return of Sherlock Holmes with the second of a two-part look at the final story in this series, The Adventure of the Second Stain.

In the third season of Adventures in Compliance, the podcast reviews Sir Arthur Conan Doyle’s detective stories from ‘The Return of Sherlock Holmes.’ The season, sponsored by Ethico, delves into investigative lessons from Sherlock Holmes’ methods, including thoroughness, critical thinking, attention to detail, persistence, information gathering, and analytical skills.

The current episode analyzes ‘The Adventure of the Second Stain,‘ where Holmes retrieves a potentially catastrophic government document. Key topics include Holmes’ investigative techniques and the application of data analytics in compliance.

Key Highlights:

  • Overview of ‘The Second Stain’
  • Investigative Lessons from ‘The Second Stain’
  • Data Analytics in Compliance
  • Pattern Recognition in Investigations

 Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

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For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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Daily Compliance News

Daily Compliance News: June 10, 2024 – The Never Break Up Via Text Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • Never break up via text.  (WSJ)
  • TD Bank is under scrutiny for alleged AML violations. (Bloomberg)
  • Corruption claims in US Bankruptcy court. (FT)
  • Jose Uribe starts testimony in the Bob Menendez corruption trial. (ABC 7 News)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
Blog

AI in Compliance Week: Part 1 – Transforming Risk Management

Compliance professionals face increasing pressures to adapt and innovate in today’s rapidly evolving landscape. On a recent episode of Innovation in Compliance, I visited with Matt Lowe, the Chief Strategy Officer at MasterControl. We discussed how AI is revolutionizing quality management in the life sciences industry. With a background in engineering and extensive experience at MasterControl, Matt offered a unique perspective on integrating AI into compliance processes. We deeply explored how AI is poised to transform the compliance field.

Generative AI is being utilized to create comprehension-based testing automatically. This innovation significantly reduces the time required for compliance-focused training, transforming a process that once took hours into a task completed in minutes. This approach resonates with the broader compliance community, where efficiency and accuracy are paramount. By automating the generation of training materials, AI can help ensure that employees are adequately trained on your internal policies and procedures, helping your organization maintain compliance with regulatory standards.

Perhaps one of AI’s most exciting promises is the shift from reactive to predictive and preventative compliance. Traditionally, risk management has focused on identifying and correcting issues after they occur. However, AI offers the potential to predict and prevent problems before they arise. By analyzing vast amounts of data, AI can identify patterns and anomalies, allowing organizations to address potential issues proactively.

This predictive capability is precious in the life sciences industry, where the stakes are high. Ensuring the highest quality products can directly impact patient safety and regulatory compliance. Leveraging AI to predict and prevent quality issues represents a transformative shift in managing compliance.

When implementing AI in compliance, you should take a risk-based approach. This involves starting with low-risk AI applications to gain confidence in the technology before moving on to more critical areas. For instance, generating training exams is a low-risk application that can still deliver significant benefits. As organizations become more comfortable with AI, they can explore its use in more complex and higher-risk areas.

This cautious approach aligns with the principles of compliance, where assessing and managing risk is a fundamental aspect of the profession. By gradually incorporating AI, organizations can mitigate potential risks while harnessing the technology’s power to enhance compliance processes.

While AI offers tremendous potential, we both stressed the importance of the “Human in the Loop” approach. AI can provide valuable insights and automate processes, but human oversight remains crucial. This is particularly important in life sciences, where the consequences of errors can be severe. Ensuring that humans review and validate AI-generated outputs helps maintain the accuracy and reliability of compliance efforts. This “Human in the Loop” reflects a balanced approach to AI integration. By combining the strengths of AI with human expertise, organizations can achieve a more robust and effective compliance framework.

Lowe shared his vision for the future of AI in compliance. He envisions a world where AI becomes integral to software applications, transforming how professionals interact with technology. Instead of navigating complex interfaces, users will engage with AI-driven chatbots that provide instant answers and guidance. This shift will enable compliance professionals to access the information they need more efficiently and effectively. AI has the potential to identify gaps in compliance frameworks and suggest appropriate controls. This capability can significantly enhance the effectiveness of compliance programs by ensuring that organizations are always prepared for audits and regulatory scrutiny.

As AI continues to evolve, collaboration within the industry will be essential. Lowe mentioned initiatives like the Convention for Healthcare AI, where industry players and regulators discuss the ethical implications and best practices for AI use. Such collaborations are vital to ensure that AI is leveraged responsibly and ethically, particularly in industries like life sciences, where the impact on human health is significant.

AI has transformative potential for compliance. By automating routine tasks, shifting from reactive to predictive compliance, and adopting a risk-based approach, AI can significantly enhance the efficiency and effectiveness of compliance programs. However, the human element remains crucial to ensure accuracy and reliability. As the industry continues to explore and embrace AI, collaboration and ethical considerations will play a vital role in shaping the future of compliance. By harnessing the power of AI, organizations can stay ahead of regulatory requirements, improve product quality, and ultimately protect patient safety. The journey towards AI-driven compliance is just beginning, and the possibilities are exciting and profound.

Categories
Trekking Through Compliance

Trekking Through Compliance: Episode 8 – Risk Management Lessons from Miri

In this episode of Trekking Through Compliance, we consider the episode Miri, which aired on October 27, 1966, with a Star Date of 2713.5.

Episode Summary

A disfigured man attacks a landing party who dies after Kirk strikes him. They discover a preadolescent, Miri, who ran away from them because “grups” kill and maim children before dying. She and her friends are “onlies,” the only ones left. The distress call is traced to an automated signal. The landing party, except for Spock, notices purple lesions on their bodies; Miri tells them that these are the first signs of the disease, and they will soon become like the other adults. When the disease begins, its victims have seven days to live. Although Spock is immune, he considers himself a carrier who could infect the Enterprise if he returns.

Back on the Enterprise, after vaccinating everyone and leaving the children in the care of a medical team, Kirk sends for teachers and advisers to help the children improve their lives.

Commentary

In this episode of Trekking Through Compliance, host Tom Fox explores the Star Trek original series episode ‘Miri.’ Responding to a distress signal, the Enterprise crew discovers a planet that is a duplicate of Earth, inhabited only by children due to a disease that kills anyone who has reached puberty. The episode delves into themes of disaster preparedness, environmental and public health compliance, data governance, supply chain management, and employee welfare. The episode offers crucial compliance and risk management lessons relevant to modern organizations through these themes.

Key Highlights

  • Plot Summary of ‘Miri’
  • Behind the Scenes and Fun Facts
  • Risk Management Lessons from ‘Miri’

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

Categories
Sunday Book Review

Sunday Book Review: June 9, 2024 Business Books on Teaching Edition

In the Sunday Book Review, Tom Fox considers books that would interest the compliance professional, the business executive, or anyone who might be curious.

It could be books about business, compliance, history, leadership, current events, or anything else that might interest me.

In today’s edition of the Sunday Book Review, we look at four of the best books on teaching as curated by Salman Khan in the Wall Street Journal.

  • A Connecticut Yankee in King Arthur’s Court, by Mark Twain
  • Candid by Voltaire
  • Foundation by Issac Asimov
  • Siddhartha by Hermann Hesse

For more information on Ethico and a free White Paper on ROI for your compliance program, click here.

Resource

Five Best: Book on Teachers (WSJ)

Categories
Because That's What Heroes Do

Deep Space 9: Episode 5 – The Circle

Get ready for an exciting new season of “Because That’s What Heroes Do.” This season, they take a deep dive into their favorite 15 episodes of “Deep Space 9.”

In this exploration, they are joined by DS9 maven Alex Murphy from Montreal, a local historian and cinema and TV fan with a love for weird foreign films, all things horror, and obscure media. Murphy has been a devoted Trek fan since childhood, making this a lifelong passion.

Don’t miss out on the exciting new season of “Because That’s What Heroes Do!” We begin a three-part look at the opening trilogy from Season 2. In this episode, Part 2, “The Circle,” the hosts dive deep into the second episode of the three-part arc, exploring themes and character development in “Star Trek: Deep Space Nine.”

They discuss Kira Nerys’ growth and her relationship with Vedek Bareil, contrasting views on Bajoran politics, and the implications of the Prime Directive. The episode also delves into the complexities of Bajoran religion and sects, key scenes with Sisko, and critiques of Admiral Chekote’s actions. The hosts provide an engaging analysis while referencing parallels to classic cinematic scenes.

Key Highlights and Themes:

  • Introduction and Episode Overview
  • Character Dynamics and Relationships
  • Exploring Bajoran Culture and Religion
  • Kira’s Personal Journey
  • Political Intrigue and Federation Involvement
  • Final Thoughts and Reflections

Resources:

Megan Dougherty 

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10 For 10

10 For 10: Top Compliance Stories For The Week Ending June 8, 2024

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear the stories every compliance professional should know from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • Chinese battery suppliers are tied to Ford and VW.  (WSJ)
  • SEC is closing its Salt Lake City office.  (WSJ)
  • The Wirecard boss loses his lawyer. (FT)
  • Standard Chartered is accused of funding terrorists. (BBC)
  • Toyota gets raided. (BBC)
  • Mike Lynch was acquitted.(NYT)
  • Private equity giants near settlements with SEC re: texting. (WSJ)
  • FAA wants systemic change at Boeing. (BBC)
  • Citgo 6 sue CITGO. (Houston Chronicle)

Click here for more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance.

You can check out the Daily Compliance News, which features four curated compliance and ethics stories each day, here.

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