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Uncategorized

Compliance Lessons from the World Series: Part 5

We conclude our celebration of the Houston Astros winning the 2022 World Series and how this world series may have helped the Astros in the one area they struggled with since the sign stealing scandal broke in 2019; their reputation and why that area has become so critical for the compliance profession. All baseball fans know the story, as related by Tom Verducci in SI.com, “The Astros won the 2017 title with the help of stealing signs off a live video feed and relaying them to the batter with a system of banging on a trash can. Crane fired manager Hinch and general manager Jeff Luhnow after MLB in ’20 imposed a one-year ban on them and bench coach Alex Cora, who by then was managing the Red Sox.”

The Astros became the most hated team in baseball after the cheating scandal broke. They were already disliked for their blatant tanking leading to three years of 100-loss seasons from 2011-2013 and their holier than thou attitude since Luhnow took over as General Manager (GM). In other words, there was much the Astros had to both answer for and overcome.

Up until the sign-stealing scandal broke, the Astros winning the 2017 World Series was the highlight of my professional sports-watching career. But then it became sullied and although much like a wayward relative, I finally forgave them, that taint will always be associated with that first World Series title. Even if, as some claim they did not cheat in the World Series, everyone on the team admitted they cheated during the season. My ennui was felt by players on the team as well. Verducci quoted San Diego Padres “pitcher Joe Musgrove, who pitched on that ’17 Astros team and won a game in that World Series, and who said, “I still don’t feel great about wearing that ring around or telling people that I was a World Series champion on that team. I want one that feels earned and that was a true championship. It was a powerful admission. This was not the media, fans or opponents referring to that 2017 title as less than genuine.” Even Astros pitcher, Lance McCullers Jr., who played on the 2017 title team and still pitches for the Astros said, “I understand the negative attention to it and why people feel the way they do.”

To overcome all this a change started at the top when owner Jim Crane brought in Dusty Baker to run the club as manager. Verducci said, “the Astros owner who needed someone not just to manage his team in 2020 after he fired A.J. Hinch in the wake of the team’s sign-stealing scandal, but also to manage the choppy waters around it. Crane could not change the taint associated with the ’17 team—that’s here to stay—but he needed a championship that moved the franchise forward.” Baker was the manager to do so. Bradford Doolittle writing in ESPN said, “Dusty Baker arrived, then, too, and the beloved manager’s very presence restored a measure of integrity to the Astros when they badly needed it.”

James Click did the same from the GM side of things. Doolittle said of new GM, “the soft-spoken, analytics-savvy executive, took over one of the most proficient front offices in the game, and under his management, the Astros haven’t missed a beat. In some ways, they’ve even iterated into a higher form, especially given the pitching depth that is the envy of the majors.” Moreover, “through those additions and plenty more, the Astros have remained at the forefront of the baseball world because of excellence in scouting, development and analytic innovation.” Of course, the players had to perform, and they did so magnificently.

Compliance Lessons

What are the compliance lessons from this story? The first lesson is that you can always come back from the abyss. I once worked for a company which, in 2007, had the largest Foreign Corrupt Practices Act (FCPA) fine in the history of the world ever. The Board of Directors made a clean sweep of senior management and brought in a new management team, and we were charged with implementing the best compliance program that we could put in place. It was light years ahead of the 2007 version of a best practices compliance program and had strategies that are still seen as cutting edge today in areas such as Supply Chain anti-corruption risk management.

What it takes to do so is a commitment from the very top. From my company it was the Board of Directors; from the Astros it was owner Jim Crane. Once that commitment is made, it must be executed upon by senior management and then cascaded down through the organization. It takes long hard work. Sometimes you have to put your head down and just plod along. Name any major, as in billion dollar or above anti-bribery/anti-corruption scandal of the past few years and in response, you will see a company fully committed to remedying their errors and moving forward in a different path.

In his piece, Doolittle asked, “Does this championship allow the Astros to completely turn the page on the scandal?” I only partly agree with his answer of, “The truth is, they don’t have to, because that happened a long time ago. All of the Astros, those who were there and those who were not, have heard it all over the past few years. It no longer really matters.” Ryan Pressly, the Astros lights out closer, said, “We don’t really care what the fans think. Everywhere we go, we get booed. It’s Houston versus y’all.”

I will leave the final word to my friend, colleague and longtime LA Dodgers fan Adam Turteltaub who has razzed me unmercifully since the cheating scandal broke (and rightly so). On the day after the Astros beat Philadelphia, he emailed me the following, “This win was legit (at least we think so as of now).” That line about sums up what the rest of the world thinks and will always think about the Astros.

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Creativity and Compliance

Corporate Compliance and Ethics Week 2022, Part 4-Speakers and Keynotes

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 Compliance Podcast Network. In this episode, Ronnie and Tom continue their five-part series on creative ideas you can use during Corporate Compliance and Ethics Week.

In this Part 4, we introduce the idea of bringing outside speakers and having them visit with your employees. You can expand this to a keynote talk, all of which is designed to help build your compliance brand within your organization. Tom and Ronnie agree that Corporate Compliance and Ethics Week initiatives must be followed up throughout the year.

Some of the ideas include:

  • One of the ideas Ronnie put forward was to have an Art Show around compliance.
  • How about a nationally or even internationally famous Keynote Speaker about business ethics?
  • Someone from outside your organization might well have more credibility on overall ethics.
  • The speakers should give your employees pause to think more about business ethics and compliance.

Resources:

Ronnie Feldman (LinkedIn)

Learnings & Entertainments (LinkedIn)

Ronnie Feldman (Twitter)

Learnings & Entertainments (Website)

60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials,” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline, and the E&C team as helpful advisors and coaches.

Workplace Tonight Show! Micro-learning – a library of 1-10-minute training and communications wrapped in the style of a late-night variety show that explains corporate risk topics and why employees should care.

Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.

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Hidden Traffic Podcast

No Child Left Behind with Kody Kumfer

Kody Kumfer is the Associate Executive Director of Forgotten Children Worldwide. Forgotten Children is an organization dedicated to helping children in vulnerable situations across the world. Kody joins host Gwen Hassan to discuss how Forgotten Children is funding education and working with indigenous leaders to create positive change.

 

 

Forgotten Children partners with native leaders, most often religious and business leaders, who are passionate about orphan care. They have built homes and farming operations in various countries to support vulnerable children. The organization is focused on preventing children from falling prey to human trafficking, as well as improving their conditions.

 

Currently, Forgotten Children is working in India to bring young girls out of the Devadasi system, which is a practice that, in modern times, pushes them into prostitution. It’s a hereditary role that is often passed on from grandmother to mother, to daughter. 

 

Resources

Kody Kumfer on LinkedIn

Forgotten Children

 

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Daily Compliance News

November 10, 2022 the Binance Walks Edition

In today’s edition of Daily Compliance News:

  • French raid Rugby World Cup headquarters. (France24)
  • Trump monitor to move forward. (Reuters)
  • Corporations and consent to be sued. (NYT)
  • Binance walks away from buying FTX. (WSJ)
Categories
Blog

Compliance Lessons from the World Series: Part 4 – The Astros and Continuous Improvement

We continue our celebration of the Houston Astros winning the 2022 World Series by considering the Houston Astros, their road to the championship and what lessons might be drawn for the compliance professional around continuous improvement. Sports is perhaps one of the best metaphors for the compliance concept of ‘continuous improvement’, a mandatory component of any best practices compliance regime. Every team must evolve every year to be or remain competitive. Players age and get injured; economics dictate some players are traded or released; strategies evolve to meet new successes and new challenges; and, at least in baseball, sometimes the rules change.

It all started with the executive level of the club. Both a new General Manager (GM) and Manager were brought in after the sign-stealing scandal was revealed. Bradford Doolittle, writing in ESPN, said, “This franchise is an organizational baseball machine that continues to roll even after the scandal led to changes on the field and behind the scenes. James Click, the soft-spoken, analytics-savvy executive, took over one of the most proficient front offices in the game, and under his management, the Astros haven’t missed a beat. In some ways, they’ve even iterated into a higher form, especially given the pitching depth that is the envy of the majors. Dusty Baker arrived, then, too, and the beloved manager’s very presence restored a measure of integrity to the Astros when they badly needed it.”

Further, there are only five players remaining from the 2017 team which won the Astros first World Series in the wake of the cheating scandal: Justin Verlander, Lance McCullers Jr., Yuli Gurriel, Jose Altuve and Alex Bregman. That means there were 20 new players added to the team and, as Doolittle noted, “It’s a different team on the field — the 2017 club was more explosive offensively, with a well-rounded lineup of skilled players such as Springer and Correa. In 2022, though, the team does less damage on balls in play, making them more reliant on the long ball to keep the scoreboard turning.”

But the execution by the front office is also different. Whereas prior GM Jeff Luhnow relied heavily on data and analytics, Click has taken a more holistic approach bringing back human scouting assets to supplement the data the team reviews. Most crucially the team invested heavily in Latin America scouting and the dividends paid off. Tyler Kepner, writing in the NYT said, “Javier switched from outfielder to pitcher at 16, the age when many prospects from the Dominican Republic turn pro. He signed just before his 18th birthday for $10,000, the same bonus the Astros had given Framber Valdez, a Dominican left-hander, in 2015. The team gave a $100,000 bonus that year to José Urquidy, a right-hander from Mexico, and $20,000 in 2017 to Luis Garcia, a right-hander from Venezuela. Add it all up and the Astros spent $140,000 to sign four pitchers from Latin America who combined to make 112 starts this season. None of the four were ever listed among the top 100 prospects by MLB.com.”

Continuous improvement also comes in the form of player development. Former GM Luhnow was quoted in the NYT, “I think we’re seeing a result of the next big thing, which really started in the 2015 era, which is player development and teaching young arms pitches that are going to work in the big leagues and keeping them healthy and developing young arms so that you have not only starters but bullpen arms that can do exactly what they’re doing right now.” Pitcher Lance McCullers Jr. was quoted in SI.com by Tom Verducci on this topic as well, “I think it goes back to our pitching development. Our guys in the minor leagues are just fabulous. I think that’s becoming lost in today’s game. I think developing pitchers and developing pitches still matter, and it starts from the bottom up.”

Compliance Lessons

The Department of Justice (DOJ) has made clear that continuous monitoring should lead to continuous improvement of your compliance program. This concept was originally enshrined in Hallmark Nine of the Ten Hallmarks of Compliance Program, as found in the original FCPA Resource Guide. It said, “compliance programs that do not just exist on paper but are followed in practice will inevitably uncover compliance weaknesses and require enhancements. Consequently, DOJ and SEC evaluate whether companies regularly review and improve their compliance programs and not allow them to become stale.” The DOJ/Securities and Exchange Commission (SEC) expects that a company will review and test its compliance controls and “think critically” about its own weaknesses and risk areas. Internal controls should also be periodically tested through “targeted audits.”

The lessons from the Astros continuous improvement provide the compliance professional with three key insights.

  1. Risk Management. When your risks changes, risk management must change with it, including compliance. For baseball those risks include players, economic issues, game changes and others. The DOJ made clear in the 2020 Update to the Evaluation of Corporate Compliance Programs that companies must assess their risk as the change. In this era of post-Covid and Russian invasion of Ukraine, your risks have changed. When was the last time you performed a risk assessment?
  2. Talent Acquisition. Obviously, the Astros have been superior in this arena. In addition to the World Series MVP, rookie Jeremy Pena who was drafted in the 3rd of the MLB player draft, there is Chas McCormack, who made a run saving catch in Game 5 and who was a 21st round draft pick, and of course the aforementioned pitching acquisitions. Free agent pick-ups were critical, such as Trey Mancini who made the game saving catch, also in Game 5. The clear message is to bring in talent to your compliance team.
  3. Talent Development. Here the Astros excel as well. The minor league system actually develops talent. Former Astros star and now minor league coach Morgan Ensberg was quoted in the Kepner piece, “the Astros essentially doubled their inventory of starters by using a piggyback system; that is, two pitchers working four innings apiece each time through the rotation. That way, the organization had more options for pitchers who could be stretched into starters at the higher levels — and more starter types who were familiar with relief.” What are you doing to develop the compliance talent in your organization?

What is your organization doing to improve your compliance program? Your risks change over time and your compliance program must adapt. How you monitor those changes and then create new risk management strategies to improve your compliance program are key to maintaining a successful compliance regime.

Join me tomorrow as I explore World Series Champions and reputation.

Categories
Jamming with Jason

It’s Time for a New Life with Jennifer Waters

What do you do when everything is going as planned, and a shift pulls the rug out from under you? What if your whole identity of who you change in the blink of an eye?

Your kids are adults and no longer need Mom. Your marriage ends, and you are no longer a wife. Your safety and security of retirement, career, and healthcare are lost.

You realize it’s time for a new life and one that Jason Mefford’s friend, Jennifer Waters, has experienced. In this #jammingwithjason #podcast, Jason and Jennifer discuss how she worked through the change in her identity and healed through a more intentional connection with nature and her dogs.

How do you move from prescriptions to nature for your healing? How do you connect with nature? What is re-wilding, and how does it affect our dogs and us when the majority of the people in the world are living in urban environments often disconnected from the nature around us?

This and much more in this episode.

Jennifer Waters is a former journalist, healthcare content writer, and owner of Grumpy Pups Pet Photography, Happy Dog Mom, and Dogkind. Dogkind is a revolution in dog care, communication, and wellness. She is obsessed with finding ways to feel happier and healthier and doing the same for her senior Boxers.

Learn more about Jennifer and download her free book “5 Ways to Make Your Dog Healthier and Happier” at: https://dogkind.com/

FOR FULL SHOW NOTES AND LINKS, VISIT:

E297 It’s Time for a New Life with Jennifer Waters

You can also listen to the previous episode with Marty: Ged Out of BED https://jasonmefford.com/jammingwithjason79/.

LIKE THE PODCAST?

If you’re the kind of person who likes to help others, then share this with your friends and family. If you find value, they will too. Please leave a review [https://itunes.apple.com/us/podcast/jamming-with-jason-mefford/id1456660699] on Apple Podcasts so we can reach more people.

Join my Facebook group: https://www.facebook.com/groups/beinguniquely

OTHER RESOURCES YOU MAY ENJOY:

My YouTube channel [https://www.youtube.com/c/jasonleemefford] and make sure to subscribe

My Facebook page [https://www.facebook.com/jammingwithjasonmefford]

My LinkedIn page [https://www.linkedin.com/in/jasonmefford/]

My website [https://jasonmefford.com]

STAY UP TO DATE WITH NEW CONTENT:

It can be difficult to find information on social media and the internet, but you get treated like a VIP and have one convenient list of new content delivered to your inbox each week when you subscribe to Jason’s VIP Lounge at: https://jasonmefford.com/vip/ plus; that way, you can communicate with me through email.

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Creativity and Compliance

Corporate Compliance and Ethics Week 2022, Part 3-Contests and Games

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 Compliance Podcast Network. In this episode, Ronnie and Tom continue their five-part series on creative ideas you can use during Corporate Compliance and Ethics Week 2022.

In this Part 3, we introduce the use of contests and games. In this episode, we discuss ideas to help make your compliance team and your compliance function more approachable. Tom and Ronnie agree that Corporate Compliance and Ethics Week initiatives must be followed up throughout the year.

Some of the ideas include:

§  Why not try a scavenger hunt through your compliance policies and procedures? You can put some fun easter eggs in different parts of the Code and have them look for them and report back. This would teach employees where to find information relevant to compliance.

§  What about prizes for employees?

§  Some contests include a Lip Sync Contest and Two Truths & a Lie.

§  All of this should be designed to allow your employees to get to know your compliance team.

Resources:

Ronnie Feldman (LinkedIn)

Learnings & Entertainments (LinkedIn)

Ronnie Feldman (Twitter)

Learnings & Entertainments (Website)

60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials,” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline, and the E&C team as helpful advisors and coaches.

Workplace Tonight Show! Micro-learning – a library of 1-10-minute training and communications wrapped in the style of a late-night variety show that explains corporate risk topics and why employees should care.

Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.

Categories
Hill Country Authors

John Aceti on Profiles in Leadership

Welcome to The Hill Country Authors Podcast. In this podcast series, Hill Country resident Tom Fox visits with authors in and around the Texas Hill Country. Join Tom as he explores the authors and their activities of the Texas Hill Country. In this episode, I visit John Aceti, author of 7 books about people and places in the Hill County. We discuss John’s most recent book Profiles in Leadership We discuss John’s most recent book Profiles in Leadership. Highlights include:

·       John’s storytelling skill.

·       His endless curiosity.

·       The leadership styles of 18 persons he interviewed for the book.

·       What are their leadership philosophies?

·       What strategies did they use to succeed in their individual career fields?

·       What’s next for John.

Resources

Profiles in Leadership on Amazon

Categories
Great Women in Compliance

All Star Women Monitors, Part 2

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today is the second part of a 2-part series that we have been planning for a while, and the timing turned out to be perfect.  Lisa is speaking with an all-star panel of Audrey Harris, Bethany Hengsbach and Dionne Lomax,  Managing Directors from Affiliated Monitors.  Audrey’s area is  Global Anticorruption, Compliance, Ethics & Non–Financial Risk, Bethany focuses on Global Corporate Compliance, with a focus on healthcare, and Dionne works in Antitrust and Trade Regulation, as well as being a professor at Boston University. The timing for this series turned out perfectly, as the group was able to get into an in-depth discussion about Lisa Monaco’s statements in September about the Monaco Doctrine and some of their key takeaways.

In Part 2, the group discusses the statements about compensation and clawbacks, and the importance of appropriate resources, among other topics. They also provide their individual perspectives on two other topics that many of us discuss.  One is the reporting line for CECOs, and the importance of a direct line to the Board or Audit Committees.  The other is the certification of Corporate Compliance programs by CEOs and CECOs. The entire discussion was extremely insightful, filled with practical ideas and good tips for everyone who is trying to build and/or maintain a program.

Listen to Part 1 here.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to.  If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it.  If you have a moment to leave a review at the same time, Mary and Lisa would be so grateful.  You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast.  Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.

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Compliance Into the Weeds

300th Anniversary Episode – Policies Policies Policies

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject. In this special 300th Anniversary episode, we consider a recent academic paper that suggests that policies play a small role in persuading employees not to engage in bribery and corruption. Highlights include:

·       What did the paper conclude?

·       What is the role of procedures?

·       Tom details the one function of policies.

·       How does an operationalized compliance program work?

·       What is the intersection of policies and internal controls?

 Resources

Matt in Radical Compliance