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Daily Compliance News

Daily Compliance News: August 26, 2024 – The Detained in France 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:

  • The Telegram CEO was detained in France. (Bloomberg)
  • EY is shedding more audit clients. (WSJ)
  • Italy opens a criminal investigation into the yacht’s sinking. (FT)
  • More Boeing whistleblowers claim fraud by the company. (BBC)

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

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Blog

Bank of America’s Corporate Culture Crisis: Part 1 – A Case Study in Failure

Compliance professionals constantly seek to understand how systemic issues within corporate hierarchies can lead to severe consequences. The recent revelations about Bank of America’s (BoA) persistent workplace culture problems are a powerful reminder of compliance’s critical role in safeguarding employees and the organization.

This week, I will explore the BoA failure around workplace culture from various perspectives articulated by the Everything Compliance gang, including Karen Woody, Jonathan Armstrong, Matt Kelly, Karen Moore, and Jonathan Marks. This exploration will include the failure of internal controls, failures by the Board and senior management, culture failures around highly driven, self-selecting employees, and the cultural miasma that is BoA from a perspective from across the pond. The full Everything Compliance episode will be posted on Thursday, August 29.

In Part 1, we set the stage and then delve into the factors contributing to BoA’s toxic culture, the implications for compliance officers, and the lessons we can draw to prevent similar issues in your organizations.

Bank of America has faced intense scrutiny following a series of harrowing articles, in a story broken by the Wall Street Journal (WSJ), outlining a toxic workplace culture within its investment banking division. This culture of overwork has had tragic consequences, including the death of junior banker Leo Lukenas, who had been working over 100 hours a week leading up to his untimely death. Disturbingly, this is not an isolated incident. A similar event occurred in 2013 when an intern, Moritz Erhardt, who worked in BoA’s London office, also died after working excessive hours. Despite promises for reform, these practices have persisted, indicating deep-seated issues within the company’s corporate culture.

One of the key issues is the disconnect between senior management’s intentions and the actions of middle management. While senior executives at BoA have voiced their concern for the well-being of their junior bankers and have set policies to limit overwork, middle managers have often circumvented these rules. Instead of enforcing the 80-hour workweek cap, they instructed employees to underreport their hours, ignoring internal controls and perpetuating a sweatshop-like environment.

This phenomenon is not simply a BoA problem; it’s a stark example of how middle managers can sabotage well-intentioned corporate policies. It underscores the importance of effective communication and alignment between all levels of management.

A glaring issue in this case is the failure of internal controls. In today’s technologically advanced age, middle management should have responded more to BoA’s manual control system for logging hours. Automated systems for tracking work hours could have prevented such blatant disregard for policies. Moreover, there was a lack of adequate internal audits and HR oversight. This highlights the necessity of robust, automated internal controls and regular audits for compliance professionals to ensure adherence to corporate policies.

Another critical aspect discussed is the culture of retaliation against employees who try to report overwork or seek help. In some instances, employees have been punished for following the rules, such as by having to work on holidays or receiving criticism from their managers. This toxic environment discourages whistleblowers and perpetuates the cycle of abuse.

For compliance officers, tackling this issue involves fostering a culture where employees feel safe to speak up without fear of retaliation. Senior management must impose real consequences for middle managers who violate policies and ensure consistent disciplinary actions to reinforce the importance of compliance.

The long-term implications of such a dysfunctional culture are profound. Junior employees trained in an environment where rules are routinely ignored may carry these attitudes into future roles, potentially spreading unethical practices across the industry. For compliance professionals, it’s essential to address immediate issues and cultivate an ethical corporate culture that will yield trustworthy leaders in the future.

The situation at Bank of America serves as a sobering case study of the importance of comprehensive compliance programs and the need for alignment across all management levels. By understanding and addressing the root causes of such corporate culture failures, we can better safeguard our organizations and foster environments prioritizing ethical behavior and employee well-being. As compliance professionals, we must ensure that the lessons learned from BoA’s crisis are not ignored and that we remain vigilant in building and maintaining robust compliance frameworks.

Let’s hope that in another decade, we are not revisiting this same issue at BoA or elsewhere. Instead, all compliance professionals should strive for systemic improvements that prevent such tragedies and promote a healthier, more ethical corporate culture.

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Sunday Book Review

Sunday Book Review: August 25, 2024, Books on Incentives 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 new books on financial and non-financial incentives for compliance professionals.

  • The Beekeeper by Katie P. Desiderio and Michael G. Frino
  • Mixed Signals: How Incentives Really Work, by Uri Gneezy
  • Profit Works by Alex Freytag and Tom Bouwer
  • The New CEO, by Ty Wiggins

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

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10 For 10

10 For 10: Top Compliance Stories For The Week Ending August 24, 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 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.

  • Corruption in the OIG? (The Hill)
  • Menendez resigns from the Senate. (AP)
  • Putin was shocked to find corruption in Russia. (Newsweek)
  • SEC censorship? (FT)
  • What to do about workplace assassins? (NYT)
  • Santos pleads guilty.  (WSJ)
  • TD Bank reserves $2.6 billion for the AML fine.  (WSJ)
  • An ex-Vitol trader pleads guilty. (Law360)
  • Mike Lynch’s body was found. (FT)
  • Michael Lewis issues mea culpa on SBF. (WaPo)

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

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

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Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: August 24, 2024

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.

In this episode, Tom and Andrew are back to look at some of the things that caught their attention over the past week.

Stories Include:

  • New business and pedestrian safety issues in CenterPoint
  • 50th anniversary of The Center for Fitness
  • Hot, Hot, Hot
  • Be careful out there

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

The Lead

Kerrville Daily Times

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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Episode 35 — The End of Summer Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode, Kristy and Tom delve into an array of timely topics. They take a deep dive into an Op-Ed piece from Michael Lewis about his writing on SBF, consider a new role for internal audit, look at the BoA, consider the fate of two corrupt politicians and consider AI regulation in the EU and beyond. Of course, a Florida man makes an appearance with another great tale.

Tune in for a comprehensive mix of compliance nuts-and-bolts insights and current events.

Stories Include:

  • Titles Don’t Matter & Other Lies I’ve Been Told (CCI)
  • CCO Compensation Update (Radical Compliance)
  • Bank of America Urges Bankers to Sound Alarm on Overwork After WSJ Investigation (WSJ)
  • EU AI Act Elevates Responsible Standards, Outpacing GDPR (CCI)
  • Man jailed for impersonating Miami Springs pizzeria and delivering disgusting pies, police say – (Local 10)
  • Sam Bankman-Fried, a Personal Verdict. (WaPo)
  • Auditing for a Competitive Advantage (CCI)
  • Tracking Individual FCPA Enforcement (Volkov)
  • Comparing perspectives: the BOD and C-Suite (HLFCG)
  • Menendez Resigns/Santos pleads guilty. (New Jersey Globe) (CBS News)

Resources: 

Kristy Grant-Hart on LinkedIn

Spark Consulting

Prove Your Worth

Tom

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Compliance Tip of the Day

Compliance Tip of the Day: Persuasion in Compliance

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.

At the end of the day, persuasion is a compliance professional’s most powerful tool. Learn how to wield it effectively.

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

To check out The Compliance Handbook, 5th edition, click here.

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Daily Compliance News

Daily Compliance News: August 23, 2024 – The $2.6 Billion 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:

  • TD Bank reserves $2.6 billion for the AML fine. (WSJ)
  • Mike Lynch’s body was found. (FT)
  • Michael Lewis issues mea culpa on SBF. (WaPo)
  • An ex-Vitol trader pleads guilty. (Law360)

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

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Creativity and Compliance

Creativity and Compliance: Nudges and Compliance Training

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they 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 important 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.

In this episode of Creativity and Compliance, hosts Tom Fox and Ronnie Feldman discuss the concept of nudges in compliance.

Ronnie defines nudges as positive reinforcements or gentle pushes that influence behavior and decision-making. They explore how nudges can extend learning, influence culture, and promote ethical behavior. They emphasize the importance of reinforcing learning over time and using effective communication channels to nudge employees. They also discuss the unconscious nature of nudges and the role of leaders in influencing behavior. The episode concludes with a discussion on the Newcastle honesty box study, which demonstrates the power of subtle nudges.

Key Highlights:

  • What are nudges?
  • Nudges can extend learning, influence culture, and promote ethical behavior
  • Reinforcing learning over time is key to successful nudges
  • Nudges can be unconscious and rely on automatic default thinking
  • Leaders play a crucial role in influencing behavior and promoting a culture of compliance

Resources:

Ronnie

Tom Fox

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

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Blog

Root Cause Analysis Lessons from Star Trek: The Corbomite Maneuver

Last month, I wrote a blog post on the tone at the top, exemplified in Star Trek’s Original Series episode, Devil in the Dark. Based on the response, some passionate Star Trek fans are out there. I decided to write a series of blog posts exploring Star Trek: The Original Series episodes as guides to the Hallmarks of an Effective Compliance program set out in the FCPA Resources Guide, 2nd edition. Today, I conclude my two-week series, looking at the Hallmarks of an Effective Compliance Program laid out by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in the FCPA Resources Guide, 2nd edition.

Today, we look at lessons learned about performing and using root cause analysis. When it comes to compliance, organizations often find themselves in situations where they need to identify the root cause of a problem and implement corrective actions. In the world of Star Trek, we see many parallels that reflect these real-world challenges. One episode that stands out as a case study for root cause analysis (RCA) is The Corbomite Maneuver. This episode highlights the importance of RCA in high-pressure situations and illustrates how creative problem-solving can avert disaster.

In this episode, Balok, a mysterious and potent alien ship, comes into contact with the USS Enterprise. After ignoring warnings to leave the area, Balok holds the Enterprise captive and declares that he will destroy the ship. With this dire situation, Captain Kirk concocts a bluff, claiming that the Enterprise has a fictitious device called “Corbomite,” which would destroy any attacker who dares to fire upon it. The bluff works, and the crew discovers Balok is testing their reactions to evaluate their character. “The Corbomite Maneuver” narrative can be seen as a metaphor for conducting a root cause analysis in compliance. Here’s how the process unfolds:

Lesson 1. Problem Identification

The episode’s main issue is clear: an unknown alien force threatens to destroy the Enterprise. Problem identification is the RCA’s first and most critical step for compliance professionals. It involves recognizing and clearly defining the issue at hand. In a business context, this might be a regulatory violation, a product defect, or a failure in operational procedures. Here, the crew initially interprets Balok’s actions as hostile, similar to how one might react to symptoms without understanding underlying causes.

Lesson  2. Data Collection and Analysis

Kirk and his crew collect as much information as possible about the situation. They analyze Balok’s actions, study the alien ship, and assess their capabilities. Data collection in RCA involves gathering all relevant information related to the problem. This can include process logs, employee testimonies, incident reports, and more. Captain Kirk employs a methodical approach, gathering information about Balok and the alien ship, reflecting the critical root cause analysis stage.

Lesson 3. Cause Identification

Kirk realizes that Balok’s apparent hostility and the lack of communication and understanding between the two parties are the root causes of the threat. He deduces that Balok might be testing the crew rather than genuinely intending to destroy them. In RCA, identifying the root cause involves digging deeper than the immediate symptoms of the problem to uncover the underlying issues.

The Enterprise crew gathers as much information as possible about Balok and the alien ship before taking action. They analyze the alien’s behavior, the ship’s capabilities, and the possible motivations behind the encounter. This data collection and analysis helps them form a clearer picture of the true nature of the threat. Effective root cause identification requires gathering all relevant data and thoroughly analyzing it. This includes understanding the context, collecting facts from different sources, and piecing together a comprehensive view of the situation.

 Lesson 4. Solution Development

In the episode, Kirk’s solution is to bluff, creating the illusion of the Corbomite device. This solution is based on his understanding of the situation and the likely behavior of the opponent. Similarly, once the root cause is identified in RCA, the next step is to develop and implement a solution that addresses the cause directly. Kirk’s bluff is a calculated risk, and he monitors the situation closely to see how Balok will react. In RCA, implementing a solution is not the final step; it must be followed by monitoring to ensure that the problem is truly resolved and that no new issues arise.

Lesson 5. Continuous Improvement

At the end of “The Corbomite Maneuver,” the Enterprise crew learns that Balok is testing them, and they use this experience to understand better how to handle similar situations in the future. RCA should always conclude with a review of the process to identify what was learned and how similar issues can be prevented in the future. After the episode, the crew reflects on their encounter with Balok and the lessons learned from the experience. This reflection is essential in compliance as well.

Continuous improvement relies on regular review and reflection on past actions. Post-incident reviews, audits, and assessments should be conducted to identify what went well and what didn’t and how the organization can improve its compliance posture in the future. Learning from successes and failures is key to building a robust and effective compliance program.

The Corbomite Maneuver also highlights the importance of creativity and leadership in the RCA process. Kirk’s decision to bluff with the Corbomite device is not a conventional solution. Still, it reflects his deep understanding of human (and alien) psychology and his ability to remain calm under pressure. In compliance, leaders must often think outside the box to effectively identify and address root causes. This might involve bringing in cross-functional teams, using new analytical tools, or rethinking established procedures.

Moreover, leadership is crucial in ensuring the RCA process is thorough and the solutions are implemented effectively. Just as Kirk takes personal responsibility for the safety of his crew, compliance leaders must ensure that RCA findings lead to fundamental, actionable changes within their organizations.

This episode provides a powerful narrative that can be applied to root cause analysis in compliance. Organizations can navigate the complex challenges they face by following the steps of problem identification, data collection, cause identification, solution development, implementation, and continuous improvement. The episode also reminds us of the importance of creativity, leadership, and calmness in the face of adversity—essential for any compliance professional aiming to protect their organization from risks and ensure long-term success.

In the end, the lesson from Star Trek is clear. Whether navigating the vast reaches of space or the complex world of corporate compliance, understanding the root cause of a problem is the key to finding lasting solutions and boldly going where no one has gone before.