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10 For 10

10 For 10: Top Compliance Stories For the Week Ending July 8, 2023

Welcome to 10 For 10, the podcast which 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.

  • Unilever adds its name. (RFE)
  • Pakistan makes over-night changes in ABC law. (Business Insider)
  • More on CA Supreme Court expansion of whistleblower protection. (Law360)
  • Are banks too big to manage? (WSJ)
  • SEC charges window maker and its ex-CFO over accounting violations. (Reuters)
  • Corruption still bedevils Lebanon. (PBS)
  • Twitter threatens Meta over Threads. (Reuters)
  • Is Ivy League morally bankrupt? (FT)
  • Cop now in charge of SFO. (WSJ)
  • Top Lazard banker fired for harassment. (WSJ)

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

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Creativity and Compliance

Creativity and Compliance – Creativity in Training and Communications at Starbucks

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the award-winning Compliance Podcast Network.

Ronnie’s company, Learnings and Entertainment, utilizes the entertainment devices that people use to consume information in their everyday, non-work lives, and apply it to essential topics around compliance and ethics. It is not only about being funny. It is about changing the tone of your compliance communications and messaging to make your compliance program, policies, and resources more accessible. Today Ronnie and Tom are joined by Len Larsen, Manager, Ethics and Compliance, and Cory Macdonald, Learning Manager, Ethics and Compliance. Both are at Starbucks in Ethics and Compliance.

The Ackerman principle of innovate, elevate, and educate was the focus of the conversation between Len & Cory and Tom & Ronnie, on the importance of addressing microaggressions in the workplace. They discussed the need for managers to have the necessary soft skills to have difficult conversations and create a speak-up culture in the workplace. They also discussed the importance of intent versus impact, the need for trust between managers and their employees, and the need for companies to provide role-playing and other training to help managers learn how to have difficult conversations. Finally, they discussed the need for companies to be comfortable with the discomfort of trying something new and be willing to pivot if it doesn’t work out.

Key Highlights

·      Soft Skills Training

·      Managing Difficult Conversations

·      Manager Behavior

·      Innovate, Elevate, Educate

·      Microaggressions in Workplace

·      Coaching First-Time Employees

·      Speaking Up

Resources:

Ronnie

Tom

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Because That's What Heroes Do

Firefly – Episode 11, Trash: A Heist, a Con, and Love

Megan and I go in a different direction for our next sci-fi series as we take up the 2002 series Firefly. The show is an American space Western drama television series. The series is set in the year 2517, after the arrival of humans in a new star system, and follows the adventures of the renegade crew of Serenity, a “Firefly-class” spaceship. The ensemble cast portrays the nine characters who live on Serenity. Join the dynamic and delightful hosts Tom Fox and Megan Dougherty as they dive into the latest episode of Firefly in their podcast, Because That’s What Heroes Do!

Beginning with the captivating detail that River’s line “I could kill you with my brain” is the best line in the episode, this podcast episode discussed the TV show “Firefly” which involved a heist, a con, and a deepening relationship between Mal and Inara. Tom and Megan discussed the importance of having an intimacy coordinator and union rules for nude scenes, as well as the difference between when men and women do nude scenes. They also discussed the dialogue between Simon and Jane, and the plan to dump the gun in a trash chute and intercept the trash being removed. The conversation then shifted to the current world climate, and the importance of having an intimacy coordinator and union rules for such scenes. Finally, they discussed Mal’s feelings for Inara and how they may not be brotherly. 

Highlights

·      Saffron’s Heist Plan

·      Nudity

·      Saffron’s Con

·      Heist on Water Planet

·      Jayne, Simon & River

 Resources

Megan Dougherty 

LinkedIn

One Stone Creative

Twitter

Tom 

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Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: July 8, 2023

Welcome to the Kerrville Weekly News Roundup. Each week, veteran podcaster Tom Fox and his colleagues Andrew Gay and Gilbert Paiz get together to go over a couple of their favorite stories from the past week from Kerrville and the greater Hill Country. Sit back, enjoy a cup of morning coffee and listen in to get a wrap up of the Kerrville Weekly News. We each consider two of our favorite stories and talk about the upcoming weekend’s events which will enjoy or participate in this weekend.

In this episode, Tom and Andrew discuss the following stories which caught their attention over the past week.

·      Tom shouts out to Margot Newcomb for being honored by Morgan’s Wonderland Theme Park for her work in handicap accessibility. He also shouts out to the Schreiner University School of Nursing which had a 100% pass rate on National Licensure exam. Tom encourages listeners to visit the final weekend of the 40th anniversary celebration at the Museum of Western Art.

·      Andrew discusses the 4th of July Concert on the River this year which featured the Randy Rogers Band. He also talks about the Cailloux preview party for the 2023-24 arts season in Kerrville. Andrew shouts out The Lead for its photos from the event.

·      Andrew and Tom welcome the break in temperature for the weekend.

Resources

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

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Report from IMPACT 2023

Report from IMPACT 2023 – Andrew Weissmann – Compliance Rules from the DOJ Perspective

ECI’s IMPACT 2023 was one of the leading compliance events in 2023. At this conference, Tom Fox, the Voice of Compliance, was able to visit with several of the speakers, exhibitors, participants, and one group of ethically-minded Girl Scout Troop. In this limited podcast series, Report from IMPACT 2023, Tom explores many of the most cutting-edge topics in ethics and compliance through short podcast episodes. Check out the full series of interviews. You will be enlightened, informed and come away with a fuller and more thorough understanding of the most cutting-edge topics in ethics and compliance. In this episode, Tom visits Andrew Weissmann, former head of the DOJ Fraud Section and current Podcaster and author.

The Department of Justice has been working to ensure that companies understand the rules of the road and what is expected of them to comply with the law. Tom Fox and Andrew Weissmann discussed the evolution of compliance programs from the Department of Justice’s perspective, the dialogue between the Department of Justice and the compliance community, the FCPA Pilot Program, the ABB FCPA Enforcement Action, and the need to use different forms of media to ensure that people are consuming the right information. They highlighted the importance of self-disclosure, extraordinary cooperation, and extraordinary remediation to receive a stunning result from the Department of Justice. Furthermore, they discussed the need to educate people in a variety of ways, such as Twitter, podcasts, articles, and op-eds, to ensure that policies are read and consumed. This podcast episode provides an insightful look into the Department of Justice’s approach to compliance and the need for different forms of media to ensure that people are informed.

Highlights include 

·      Compliance Evolution

·      Compliance Education

·      FCPA Recidivism

Resources 

Andrew Weissmann

Prosecuting Donald Trump podcast

Connect with Tom Fox on Linkedin

ECI

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31 Days to More Effective Compliance Programs

One Month to More Effective Reporting and Investigations – Specific Benefits of a Hotline: A Case Study

Is your hotline working for you? In an article, entitled, Promoting Effective Use of the Company Compliance Hotline, José Tabuena provided an excellent example of the power of a hotline. He provided a case study of a company that had not integrated its IT function into its regular compliance and ethics training programs. As such there were zero calls into the hotline by IT employees. This dynamic was changed and IT was integrated into the company’s regular compliance and ethics training. Thereafter, the hotline received several calls from IT employees indicating that there were two major areas of complaints.

The favoritism problem. HR led an investigation that included questioning all IT managers about their direct reports and employees of their unit. The company determined that there was only one instance of a manager hiring a family member (a brother-in-law), but that person did not report to the manager and was in a different section of the IT organization. This finding made clear that there were misperceptions in the IT department, which affected the department’s morale.

Manipulation of data for bonuses. The company used the hotline to obtain more information from the callers on “isolating the metrics and the managers in question.” It was determined that the bonuses of a select few IT managers were indeed influenced by a questionable data source, which was controlled by a non-manager with minimal oversight and controls.

Basic tenets of an effective hotline. This case study provided three key tenets of an effective internal reporting system:

• First, a helpline is of no value if the workforce is not aware of it.

• Second, the ethics and compliance office obtained support from the Chief Information Officer (CIO) which likely influenced the success of the training and communications delivered by the ethics and compliance staff.

• Third, the awareness of the helpline is not sufficient to ensure success as you must make sure that issues and allegations are addressed and investigated.

This case study demonstrates the power of a hotline. The company’s Compliance Department “established the credibility of the helpline as a resource to raise issues and report misconduct.

 Three key takeaways:

1. Hotlines can be powerful tools for the compliance professional.

2. Simply because you have no hotline complaints does not mean you do not have any compliance or ethics issues that need review and resolution.

3. Adequate follow-up is a key part of overall hotline effectiveness.

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Daily Compliance News

Daily Compliance News: July 7, 2023 – The First Fight Now Lawsuit 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 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.

  • Twitter threatens Meta over Threads. (Reuters)
  • Is Ivy League morally bankrupt? (FT)
  • Cop is now in charge of SFO. (WSJ)
  • Top Lazard banker fired for harassment. (WSJ)
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Compliance Man Chooses the Target

Compliance Man Takes a Eurotrip – Piotr Żyłka on Poland’s Compliance Revolution

Compliance Man is back for a new season! Get ready for a EuroTrip with Tom Fox and Tim Khasanov-Batirov on their hit podcast, Compliance Man! Join Tom Fox and co-host Timur Khasanov-Batirov on a Euro trip as they delve into the world of Poland’s Compliance Revolution with guest Piotr Żyłka.

The implementation of the Whistleblowing Directive and the Corporate Sustainability Due Diligence Directive into the Polish Legal System could be a major step forward in the fight against corruption. Tom Fox and Tim Khasinov-Batirov had a conversation with Piotr Żyłka, an author of the It’s All About Compliance blog, publisher, and compliance platform in Europe, to discuss the Polish compliance scene and the need for a Polish FCPA. Piotr discussed the banking law requirements, the DOJ guidelines, the New York City Bar Association paper, and the influence of foreign companies on compliance controls in Poland. He also highlighted the need for trainings, engagement of top management, and internal controls like KYC. Tom and Tim thanked Piotr for his time and knowledge and invited him to come back on the podcast to share his views.

Key Highlights

·      Internal Controls in Poland

·      Compliance in Poland

·      Sanctions Compliance

·      A Polish FCPA Needed?

 Resources

Piotr Żyłka on LinkedIn

It’s All About Compliance

Tim Khasanov-Batirov on LinkedIn

Tom Fox

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31 Days to More Effective Compliance Programs

One Month to More Effective Reporting and Investigations – Advantages of an Internal Reporting System

While it is clear that the government expects companies to have an internal reporting system, there are benefits far beyond putting you in the government’s good graces. Companies with a more robust internal reporting system generated more reports. Dr. Welch found a group of companies he termed “power users”, which were high-level users of whistleblower reporting systems who had more activity than the average entity. These “power user” companies have several interesting characteristics. First, they are typically firms with higher quality earnings reporting. They are more profitable entities. Finally, these “power user” companies were firms with higher quality governance, as rated by the Entrenchment Index, which is used to measure how entrenched management is in a company.

Conversely, companies which were observed to be a more limited user of whistleblower reporting systems are companies that were seen to have poor governance. They are more prone to financial accounting issues, such as discretionary accruals, which could prove problematic. These tend to be smaller and less mature firms. Their overall compliance programs were generally not seen as robust or as effective as those in larger, more mature organizations. Finally, these firms, probably because they were smaller and less mature, are more prone to extreme growth and the problems associated with trying to scale up quickly.
All of this points to one unmistakable conclusion, a robust whistleblower reporting system facilitates a company’s resolution of problems before they become major problems or legal violations bringing the Securities and Exchange Commission (SEC) or DOJ calling.

Three Key Takeaways

  1. Companies with a robust whistleblower and reporting system had greater profitability and workforce productivity as measured by Return on Assets.
  2. There were fewer material lawsuits brought against the company overall and there were lower settlement costs if a lawsuit did occur.
  3. There were fewer external whistleblower reports to regulatory agencies and other authorities.
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Daily Compliance News

Daily Compliance News: July 6, 2023 – The Corruption as Policy 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.