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FCPA Compliance Report

FCPA Compliance Report: Susan Divers – 2023 LRN Global Standards Edition

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back LRN’s Susan Divers to discuss the second report 2023 from LRN on the LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition.

Susan Divers is a seasoned professional in ethics and compliance, working closely with Tom Fox and associated with LRN. She strongly believes in the significance of ethics and compliance programs in companies, emphasizing the need for continuous training and reminders to ensure employees understand and adhere to the rules and expectations. Susan has noticed a trend of integrating ethics and compliance considerations into HR systems, such as performance reviews and promotions, to hold individuals accountable for their actions. She advocates for a shift from rule-based to values-focused programs, emphasizing personal responsibility and implementing policies like Clawback to address misconduct and enforce consequences. Join Tom Fox and Susan Divers as they delve deeper into this topic on the next episode of the FCPA Compliance Report podcast.

Key Highlights:

  • Values-Based Ethics and Compliance Programs
  • Continuous Learning and Reinforcement for Ethical Behavior
  • A values-focused approach to Ethics and Compliance
  • Creating a Culture of Integrity and Accountability

Resources:

Susan Divers on LinkedIn

LRN

Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition

Tom Fox

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 4 – Assessing and Aligning your Corporate Values

One of the concepts enshrined in the Monaco Memo is that the Department of Justice (DOJ) will assess corporate culture for any company that may find itself under investigation for Foreign Corrupt Practices Act (FCPA) violations. This enshrinement is not exactly new as Deputy Attorney General (DAG) Lisa Monaco announced this new DOJ focus in October 2021 in her speech. The parameters of how the DOJ will assess culture are still being worked out but Chief Compliance Officers (CCOs) and compliance professionals need to consider this issue in the context of their own compliance programs and corporate culture in case the DOJ ever comes knocking. Over the next several blog posts, I will be exploring how a corporate compliance function can assess, monitor, and improve your corporate culture.

We begin with assessing your corporate values and then aligning them within your organization. In a recent Harvard Business Review (HBR) article, entitled What Does Your Company Really Stand For?authors Paul Ingram and Yoonjin Choi explored these and other issues. The authors believe that corporate values are more critical than ever. I have adapted their work for the compliance professional.

The authors developed a five-step approach for values alignment.

1.     Identify the values within your employee base and create a values structure.

2.     Identify key priorities from strategy to determine what is the most important thing the organization can do to achieve its strategy.

3.     Wed values that serve both the organization and its employees.

4.     Begin the assessment process.

5.     Generate a final list of organizational values.

From the compliance perspective, the protocol. Recognizing that values are but one part of an overall corporate culture, gives you a mechanism to think through how to begin an overall assessment of your organization. Values do make up a portion of an overall culture. Through the engagement advocated herein, you can not only get a good reading on such key values as trust and respect but, more importantly, learn how to incorporate them as overall assets into your corporate culture.

Three key takeaways:

1. The Monaco Memo enshrined the concept that the DOJ will assess culture.

2. What does your company stand for?

3. When properly aligned, values can be a powerful part of corporate culture.

Check the free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 20, 12 CT. For more information and registration, click here.

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Blog

The Adventure of the Musgrave Ritual and Compliance

The Adventures of Sherlock Holmes, written by Arthur Conan Doyle, is a collection of thrilling detective stories that have captivated readers for over a century. These stories not only provide an engaging reading experience but also offer valuable insights into ethical principles, investigative strategies and leadership qualities. In this article, we will explore the key factors that impact investigative issue in this Sherlock Holmes story. One particular story in the collection, “The Musgrave Ritual,” highlights the importance of document and record-keeping, adherence to traditions and regulations, confidentiality, ethical conduct, conflict resolution, succession planning, respect for rules, policies, procedures, and transparency.

Holmes, known for his exceptional deductive skills, often relies on his trusted friend Watson and utilizes disguises to gather information discreetly. Additionally, Holmes exhibits patience in his investigations, understanding the potential for mistakes if decisions are rushed. This timeless classic serves as a testament to the significance of teamwork and collaboration in achieving successful outcomes.

In “The Musgrave Ritual,” Holmes is presented with a murder mystery that also involves history and family dynamics. This story serves as a delicious mystery from which everyone can learn ethical and compliance lessons, as noted by Tom Fox, the host of the podcast “Adventures in Compliance.”

One of the key lessons from this story is the significance of maintaining confidentiality and safeguarding sensitive information to comply with legal and ethical standards. The Musgrave Ritual itself is a closely guarded secret within the family, emphasizing the importance of secrecy and confidentiality in compliance. In the business world, there are often confidential and sensitive matters, such as data protection and insider trading, that require careful handling.

Ethical behavior and duty are also highlighted in the story. Holmes feels a sense of duty to solve the mystery presented to him, just as individuals and organizations have a duty to adhere to ethical business practices and comply with laws and regulations. Ethical behavior should guide actions and decisions, just as it guides Holmes in his pursuit of justice.

Conflict resolution is another important lesson from the story. The Musgrave family faces long-standing conflicts, and effective compliance programs often include mechanisms for addressing conflicts, such as reporting channels and dispute resolution. Resolving conflicts in a fair and transparent manner is an essential part of ethical compliance.

Succession planning is emphasized in the story, as the Musgrave Ritual is passed down through generations. This highlights the importance of ensuring that compliance practices and ethical standards are upheld over time. In organizations, leaders must ensure the continuity of compliance efforts through proper succession planning.

Holmes’ meticulous attention to detail is a crucial skill for compliance professionals. His success in solving the mystery is largely due to his meticulous attention to detail. Similarly, compliance professionals need to closely review processes and documentation to identify potential issues or violations. Attention to detail is an essential part of every compliance officer’s toolkit.

Respect for rules, policies, and procedures is another lesson from the story. The Musgrave Ritual represents a set of rules and procedures that must be followed, and this is something that every compliance professional needs to be aware of. Compliance requires adherence to rules, policies, and procedures to ensure ethical conduct.

Transparency is also highlighted in the story. Holmes conducts his investigation with transparency and clarity, ultimately explaining his findings to others. In the compliance role of investigations, transparency is critical as it ensures that stakeholders understand the processes and outcomes, fostering trust in compliance.

While “The Musgrave Ritual” is a work of fiction, it contains elements that, when applied to compliance principles such as documentation, confidentiality, ethics, accountability, transparency, and attention to detail, remind us of the importance of compliance and ethical conduct in all aspects of business life.

In conclusion, the Sherlock Holmes stories, particularly “The Musgrave Ritual,” provide valuable lessons in business ethics and compliance. These stories emphasize the importance of document and record-keeping, adherence to traditions and regulations, confidentiality, ethical conduct, conflict resolution, succession planning, respect for rules, policies, procedures, and transparency. By learning from Holmes’ meticulous attention to detail and ethical behavior, compliance professionals can effectively identify and address potential compliance risks or violations. The lessons from these stories serve as a reminder of the importance of considering the impact on ethics and compliance when making decisions in the business world.

For a deeper dive into The Adventure of the Musgrave Ritual and its lessons for the compliance professional, check out this week’s podcast on Adventures in Compliance.

Categories
Daily Compliance News

Daily Compliance News: November 6, 2023 – The Domestic Corruption Edition

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

  • A CA gun shop owner pleads guilty to bribing a former county sheriff. (CSB-SF)
  • Companies are still struggling with communications compliance. (WTTW)
  • UM warns against interim discipline. (WSJ)
  • A US bankruptcy trustee seeks the return of fees awarded to the law firm of Paramour. (Reuters)
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GalloCast

Gallocast-Episode 12: Halloween and Day of the Dead

Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the Gallocast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is an excellent insight on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, and insightful with a dash of the two brothers throughout. It is like listening to the Brothers Gallo talk about compliance at the Sunday dinner table. Hosted by Tom Fox, the Voice of Compliance.

Halloween and Day of the Dead are just past us as the Brothers Gallo return for another Gallocast. Nick Gallo, in discussing SBF and FTX, emphasizes the importance of legal guidance and accountability in navigating complex ethical issues. He believes in the power of effective communication and strategic leadership in advocating for corporate ethics and compliance. On the other hand, Gio Gallo, with his focus on storytelling and advocacy, stresses the significance of securing budget allocation towards compliance and ethics from the executive suite. He believes a cultural shift within the organization involving a diverse group of individuals is crucial in addressing compliance and ethics challenges. Join Tom Fox, Nick Gallo, and Gio Gallo as they delve deeper into these topics in this episode of the GalloCast podcast.

Key Highlights:

  • SBF and Advice of Counsel defense. Where does the leadership buck stop?
  • RTW or WFH. How should an employer(s) approach this topic?
  • DS Disco- Why would 25% of the workforce write a letter to BOD asking them to fix corporate culture?
  • At what point should a start-up build out its internal controls? How about a compliance program?
  • How transparent should your whistleblowing process be with a reporter?
  • UM, the football program, is being investigated for electronic sign stealing.
  • What happens if a whistleblower allegation is made in bad faith?

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

Ethico

Tom Fox 

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Sunday Book Review

Sunday Book Review: November 5, 2023 The Just Because Edition

In the Sunday Book Review, I consider 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, Tom considers upcoming Fall 2023 non-fiction books to take a look at reading.

  • “The Woman in Me,” by Britney Spears.
  • “Tupac Shakur – The Authorized Biography,” by Staci Robinson
  • “Let Us Descend,” by Jesmyn Ward.
  • “Miss MacIntosh, My Darling,” by Marguerite Young.

Resource

Five Reviews You Need to Read In Literary Hub

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending November 4, 2023

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 to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of 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.

  • Altice USA says corruption probe will have ‘no material impact’ on business. (Bloomberg)
  • Costco is in trouble for stocking products produced by forced labor. (WSJ)
  • FDIC probing former First Republic officers. (Reuters)
  • Big 10 coaches are livid over UM football cheating. (ESPN)
  • France wants an anti-corruption commission with teeth. (Politico)
  • Companies are still struggling with communications compliance. (WSJ)
  • Biden Administration releases statement on AI. (FT)
  • Is crypto financing terrorism? (NYT)
  • Suits against A&F begin. (WSJ)
  • SBF was found guilty. (WSJ)

You can check out the Daily Compliance News for four curated compliance and ethics-related stories each day, here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 3 – Compliance and Corporate Principles in Today’s World

For corporations, navigating the political landscape has become an increasingly difficult task. While being admonished to ‘stay in their lane’ by some, businesses are just like their stakeholders, impacted by the ever-changing political miasma. When this new reality is coupled with the new levels of transparency in companies, which are only amplified by social media, a company can be embroiled in public controversies with one or more stakeholder groups. As these situations occur, CCOs and compliance professionals will be called upon to help companies navigate this fraught process.

How can compliance help a company navigate through all of this? To make and implement the best strategic choices in this environment, leaders will have to

  1. develop principles to guide strategic choices,
  2. address ethical issues early on,
  3. consistently communicate and implement their choices,
  4. engage beyond the industry to shape the context and
  5. learn from mistakes to make better choices in the future.

This is a process that the corporate compliance function can facilitate. If you work through these steps, you should be able to prepare your organization for the next major shock.

 Three key takeaways:

1. Why a company can no longer simply ‘stay in its lane’.

2. Compliance should lead the way to develop robust principles to guide cultural choices.

3. Even in culture, continuous improvement is a mandate.

Categories
GalloCast

Gallocast – Episode 12: Halloween and Day of the Dead

Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the Gallocast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is an excellent insight on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, and insightful with a dash of the two brothers throughout. It is like listening to the Brothers Gallo talk about compliance at the Sunday dinner table. Hosted by Tom Fox, the Voice of Compliance.

Halloween and Day of the Dead are just past us as the Brothers Gallo return for another Gallocast. Nick Gallo, in discussing SBF and FTX, emphasizes the importance of legal guidance and accountability in navigating complex ethical issues. He believes in the power of effective communication and strategic leadership in advocating for corporate ethics and compliance. On the other hand, Gio Gallo, with his focus on storytelling and advocacy, stresses the significance of securing budget allocation towards compliance and ethics from the executive suite. He believes a cultural shift within the organization involving a diverse group of individuals is crucial in addressing compliance and ethics challenges. Join Tom Fox, Nick Gallo, and Gio Gallo as they delve deeper into these topics in this episode of the GalloCast podcast.

Key Highlights:

  • SBF and Advice of Counsel defense. Where does the leadership buck stop?
  • RTW or WFH. How should an employer(s) approach this topic?
  • DS Disco- Why would 25% of the workforce write a letter to BOD asking them to fix corporate culture?
  • At what point should a start-up build out its internal controls? How about a compliance program?
  • How transparent should your whistleblowing process be with a reporter?
  • UM, the football program, is being investigated for electronic sign stealing.
  • What happens if a whistleblower allegation is made in bad faith?

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

Ethico

Tom Fox 

Connect with me on the following sites:

Instagram

Facebook

YouTube

Twitter

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A Yank at Oxford

A Yank at Oxford – Episode 8 – A Group Looks Back

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigates the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the white shoe law firm Foley and Lardner and has dedicated his career to white-collar compliance with a heavy international focus. “My practice touches a lot on some of the sanctions and international trade issues that typically come up on international matters,” he says. In A Yank in Oxford, David and host Tom Fox will discuss what inspired his decision to pursue an Executive MBA and his hopes for where the journey may lead.

In this episode, David brings five colleagues from the Oxford Executive MBA program to reflect on their time together over the past couple of years, what they learned, and how they may use it all going forward. You will thoroughly enjoy this episode of A Yank in Oxford.

Participants:

Knox Mcilwain

Joe Odachowski

Tariq Zufar

Juan David Velasco Kerguelen

Key Highlights:

  • Transformative Learning and Global Networking in Oxford
  • Balancing Work, Family, and Academic Life
  • Improving Coordination in Human Rights Advocacy
  • Diverse Brazilian Cultures and Global Perspectives
  • Addressing Pakistan’s Water Crisis Through Sustainable Solutions
  • Exploring Career Shifts and Expanding Perspectives
  • The Impact of the EMBA Program on Careers

Resources:

David Simon at Foley and Lardner

 Tom Fox

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