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Trekking Through Compliance

Trekking Through Compliance – Episode 72 – Addressing Unknown Risks: Compliance Lessons from That Which Survives

In this episode of Trekking Through Compliance, we consider the episode That Which Survives, which aired on January 24, 1969, and occurred on Star Date Unknown.

McCoy, Sulu, Kirk, and senior geologist D’Amato beam down to investigate a strange planet the size of the Moon but with the mass of the Earth. The planet has no magnetic field but a well-developed atmosphere and plant life, even though it is only 1000 years old. As the landing party is beaming down, a strange woman appears, says, “Wait, you must not go,” and kills the transporter operator.

While this is going on, the woman kills Engineer Grade 4 John B. Watkins on the Enterprise while he is checking the bypass circuit, but not before he has warned Scott that a strange woman is on board. On the Enterprise, the woman rigs the engines to explode by fusing the emergency bypass circuit on the matter/antimatter integrator. The Enterprise begins accelerating out of control, and Spock estimates that the Enterprise will explode in 14.87 minutes, with no way to stop it. Scotty saves the Enterprise from exploding by reversing the polarity on the magnetic probe and returning the magnetic flow to normal.

Spock rescues the landing party at this juncture when he beams down and destroys the computer projecting the image of the woman, Losira. When a recorded tape is automatically played, they find out that the planet they are on is a space outpost built by the Calandans, who were all killed by a disease they created while building the Earth. The outpost was left on automatic, with the computer attempting to fend off all explorers but the expected Calandan ship. As Kirk prepares to return to the Enterprise, he comments in response to a statement by Spock that beauty such as Losira’s is transitory, that “beauty survives.”

Commentary

The narrative follows the Enterprise crew as they explore a mysterious planet and face unexpected dangers, including a lethal woman named Losira. Fox uses this episode to draw parallels with compliance frameworks, discussing effectively addressing unknown risks through scenario planning, risk-based thinking, continuous monitoring, collaboration, and agile compliance. Compliance professionals can better navigate and mitigate unforeseen challenges by implementing these strategies.

Key Highlights

  • Key Plot Points and Developments
  • Fun Facts and Continuity Issues
  • Compliance Lessons from the Episode
  • Frameworks for Addressing Unknown Risks

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha

Categories
Corruption, Crime and Compliance

The Boeing Plea Agreement

Have you heard of the recent controversies around Boeing 737 MAX and its safety? Have you wondered what is being done about the concerns around it?

In this episode of Corruption, Crime, and Compliance, Michael Volkov delves into the latest developments in the Boeing 737 MAX case, highlighting the recent plea agreement proposed by the Department of Justice (DOJ).

The Boeing 737 MAX case took another dramatic turn. On July 24, 2024, the Department of Justice filed with the United States District Court for the Northern District of Texas a proposed plea agreement with Boeing. Under the Plea Agreement, Boeing will plead guilty to the original Information filed in 2021 with the Deferred Prosecution Agreement (“DPA”).

The discussion focuses on Boeing’s alleged failure to implement adequate compliance measures, leading to significant risks and violations, and the ongoing legal and ethical implications of the case. Tune in to hear a detailed analysis of the complexities and legal ramifications of Boeing’s recent plea agreement and what it means for corporate compliance and accountability.

You’ll hear him talk about:

  • Certification Issues: Boeing failed to ensure its 737 MAX certifications were accurate, risking false certifications to the FAA.
  • DOJ Plea Deal: Boeing agreed to plead guilty to conspiracy to defraud the U.S., facing opposition from victims’ families who find the resolution insufficient. The plea agreement, which has been filed under Federal Rule Criminal Procedure 11(c)(1)(C), requires the Court to approve and accept the deal. The Court can reject the plea deal and require the parties to renegotiate the terms.
  • Victims’ Rights: The proposed resolution has been controversial because of the opposition of the families of the victims, who have opposed the plea agreement and general disposition of DOJ’s investigation and prior resolutions as insufficient to vindicate the public interest and their rights as victims of Boeing’s malfeasance
  • Compliance Failures: Boeing breached its DPA by not implementing effective compliance controls, particularly in safety and quality processes.
  • Independent Monitor: Boeing will be monitored for three years and must invest $455 million in compliance and safety improvements.
  • Ongoing Challenges: Boeing’s anti-fraud measures still have gaps, with broader implications for industries where safety is critical.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Riskology

Riskology by Infortal: Episode 30 – Boeing’s Future: Failure is Not an Option with Tom Fox and Christopher Mason

In Episode 30 of Riskology by Infortal, join Tom Fox and Christopher Mason as they explore solutions to Boeing’s compliance challenges. 

Tom and Chris discuss the economic and national security implications of Boeing’s position as the primary commercial airplane manufacturer in the U.S. and its critical role in global commerce. 

 

The Stakes: Too Big to Fail -Or- Something Different Altogether? 

The notion of a company being “too big to fail” often conjures images of government bailouts and economic upheaval. However, in Boeing’s case, this isn’t merely about financial assistance. Boeing’s potential failure would have far-reaching implications, affecting millions of Americans who rely on its products either directly or indirectly. This includes everyone, from domestic travelers to government agencies reliant on Boeing for day-to-day operations.

One Possible Solution: An Omnibus Monitorship

Tom Fox introduced the concept of an omnibus monitorship as a multi-tiered, all-encompassing approach to addressing Boeing’s multifaceted compliance issues. Rather than hiring one firm to correct specific compliance programs, this proposed model features multiple subject-matter monitors focusing on areas such as culture, ethics, compliance, health and safety, quality assurance, internal controls, fraud prevention, and export controls.

This comprehensive approach is critical for restoring trust and achieving long-term stability and ethical conduct within the company.

The Cultural Imperative

Rebooting Boeing’s culture is vital to ensuring a vibrant future. Transparency and accountability are fundamental to this transformation. Implementing the proposed omnibus monitorship would not only entail a significant financial investment but would also demand a structural and cultural overhaul. The long-term benefits for society and the global economy make this an essential endeavor.

European and Global Reactions

Interestingly, the European market, particularly Airbus, has maintained a relatively quiet stance amidst Boeing’s controversies. Despite their silence, Airbus stands as the primary beneficiary of Boeing’s issues. With Boeing embroiled in cultural and compliance challenges, Airbus has seen increased interest without needing to make any aggressive moves. This passive advantage could potentially lock in years of sales for Airbus, positioning them as the dominant player if Boeing doesn’t address its internal issues promptly.

Omnibus Monitorship and Productivity

Implementing the omnibus monitorship and addressing regulatory concerns will undoubtedly impose additional pressure on Boeing. This expanded oversight aims to foster transparency and robust compliance, yet it could potentially slow down productivity. For Boeing to navigate this complex landscape, balancing improved compliance and maintaining output efficiency is vital and important for the US economy.

Conclusion: A Call for Transformation

The situation surrounding Boeing is a poignant reminder of the importance of robust corporate compliance and ethical culture. 

Chris and Tom underline in today’s discussion that getting it right for Boeing involves a comprehensive, transparent approach that goes beyond merely correcting policies. This isn’t just a compliance issue; it’s a cultural and ethical imperative that impacts millions of lives and touches numerous facets of both national and international commerce and security. 

We hope you join Tom Fox and Chris Mason as they unravel the complexities surrounding Boeing, its cultural overhaul, and a proposed omnibus monitorship aimed at fostering long-term compliance and ethical conduct.

Resources:

Infortal Worldwide

Email

Chris Mason on LinkedIn

Tom Fox on the WebLinkedIn

Categories
Adventures in Compliance

Adventures in Compliance: The Last Bow Stories – Due Diligence Lessons from The Adventure of The Red Circle

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Last Bow“. It is a collection of eight detective stories written by Sir Arthur Conan Doyle, from 1908 to 1917. The collection spans some of the most intriguing cases and mysteries that Holmes and his loyal friend Dr. John Watson tackle.

Today we take up The Adventure of the Red Circle, which appeared in Strand Magazine in December 1911, as we consider investigative lessons for compliance professionals from The Adventure of the Red Circle.

In this story, we connect the narrative to important compliance lessons such as identifying hidden connections, understanding network dynamics, uncovering deception, building compelling cases for action, recognizing the power of influence, emphasizing collaboration, and the value of critical thinking. He also discusses the historical context of the story and its publication.

Key Highlights:

  • Warren’s Mysterious Lodger
  • Holmes’ Investigation and Discoveries
  • The Red Circle Crime Gang
  • Due Diligence Lessons for Compliance Professionals

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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FCPA Compliance Report

FCPA Compliance Report: Exploring DOJ’s New Whistleblower Incentive Program with Mary Inman

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox welcomes back Mary Inman, Partner at Whistleblower Partners LLC, to discuss the new DOJ Whistleblower Incentive Program.

Tom and Mary discuss the DOJ’s New Whistleblower Incentive Program’s aim to fill gaps in existing reward programs and its focus areas, including financial institution violations, foreign and domestic corruption, and healthcare offenses. Mary highlights some criticisms of the program, such as lack of a reward floor and the cap on rewards, and the potential challenges and impacts on corporate compliance. They also talk about the interplay between whistleblowers, DOJ, and corporate investigations, and the potential for adaptation of the program based on stakeholder feedback.

Highlights in this Episode:

  • DOJ Whistleblower Incentive Program Overview
  • Four Focus Areas of the New Program
  • Challenges and Criticisms of the Program
  • Concerns About Reward Mechanisms
  • Race to DOJ: Whistleblowers vs. Corporations
  • Implications for Corporate Compliance

Resources:

Mary Inman on LinkedIn

Whistleblower Partners

Tom Fox

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Facebook

YouTube

Twitter

LinkedIn

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

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Compliance Tip of the Day

Compliance Tip of the Day: Introduction to Communications and Training

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.

Today we are taking a look at the role of training and communications in compliance programs.

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

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Categories
Daily Compliance News

Daily Compliance News: August 12, 2024 – The Bribery Alleged 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:

  • Smartmatic execs accused of FCPA violations in the Philippines. (NYT)
  • X sues advertisers he told to ‘Go F… Yourself’. (HoustonChronicle)
  • SFO files charges against 2 additional Glencore traders. (FT)
  • The US wants to ban more Chinese importers. (WSJ)

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

Internal Control Lessons from Star Trek: The Doomsday Machine

Last month, I wrote a blog post on the tone at the top, exemplified in the Star Trek, the 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 will begin a two-week series looking at the following 10 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, I wanted to watch one of my favorite and iconic episodes, The Doomsday Machine. I believe it offers more than just gripping sci-fi action; it provides valuable insights into internal control principles. For compliance professionals and business managers, the narrative unfolds a series of challenges and solutions that mirror real-world scenarios where robust internal controls are crucial. Let us deeply dive into the internal control lessons we can learn from this episode.

In The Doomsday Machine, the USS Enterprise encounters the wreckage of the USS Constellation and a giant, automated weapon of mass destruction known as the “doomsday machine.” Commodore Matt Decker, the sole survivor from the Constellation, is found traumatized and determined to destroy the machine, even at the risk of the Enterprise’s safety. As Captain Kirk and his crew navigate the threat, they must also deal with Decker’s erratic command decisions, ultimately working to regain control and neutralize the menace.

Lesson 1: The Importance of a Clear Chain of Command

When Commodore Decker assumes command of the Enterprise, the established chain of command disruption illustrates the chaos that can ensue when authority is not clearly defined or respected. Decker’s actions, driven by personal trauma and a lack of understanding of the Enterprise’s capabilities, lead to several risky decisions. The internal control lesson is that a transparent chain of command is essential to ensure that decision-making processes are streamlined and effective. Internal controls should clearly define roles and responsibilities, ensuring authority is delegated appropriately. This allows for clarity and mitigates the risk of individuals making decisions beyond their scope of knowledge or capability. 

Lesson 2: Risk Assessment and Management

The Enterprise crew must quickly assess the threat posed by the doomsday machine. Understanding the machine’s power and behavior is critical to formulating an effective response strategy. Kirk and Spock’s ability to analyze the situation and adapt their plans underscores the importance of risk assessment. The internal control lesson is that companies must continuously identify and assess potential risks to their operations. Implementing internal controls involves establishing procedures for risk assessment, including regular evaluations and updates to risk management strategies. This ensures that businesses remain agile and responsive to emerging threats.

Lesson 3: Crisis Management and Decision-Making

As the situation escalates, the Enterprise crew must make rapid decisions to avert disaster. Decker’s emotional state and inability to make rational decisions highlight the need for effective crisis management protocols. The lesson is that effective crisis management is integral to internal controls. Organizations should develop comprehensive crisis management plans that include clear guidelines for decision-making under pressure. Training and simulations can prepare employees to handle crises calmly and efficiently, minimizing the impact on operations.

Lesson 4: Operational Controls and Communication

The interactions between Kirk, Spock, and the rest of the crew emphasize the necessity of clear communication and cooperation. Spock’s adherence to logical reasoning and Kirk’s ability to inspire teamwork highlight how effective communication is crucial to executing complex operations. The internal control lesson is that operational controls rely heavily on clear communication channels within an organization. Ensuring that information flows freely and accurately between departments helps maintain efficiency and reduces the likelihood of errors. Internal controls should establish standardized communication protocols to support coordination and collaboration.

Lesson 5: Monitoring and Adaptability

Throughout the encounter with the doomsday machine, the crew continuously monitors the situation and adapts their strategies. Kirk and Spock’s ability to adjust their tactics based on real-time information is vital to their success. The internal control lesson is that continuous monitoring and adaptability are key to effective internal controls. Businesses should implement systems that allow for ongoing evaluation of processes and outcomes. This enables them to detect issues promptly and adjust strategies to maintain operational integrity.

The Doomsday Machine is a compelling narrative that underscores the importance of strong internal controls in navigating complex challenges. From maintaining a transparent chain of command to ensuring effective communication and crisis management, the lessons drawn from this episode apply to any organization striving for excellence in compliance and operational efficiency.

As business managers and compliance professionals, we can draw inspiration from Captain Kirk and his crew. We recognize that robust internal controls prevent failures and empower organizations to respond effectively to unexpected challenges. By applying these lessons, businesses can create resilient structures capable of withstanding even the most daunting threats.

Join us tomorrow as we consider the lessons on CCO authority, resources, and expertise from the Star Trek episode The Galileo 7.

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Trekking Through Compliance

Trekking Through Compliance – Episode 71 – Compliance During a Vaccine Mandate: Lessons from the Mark of Gideon

In this episode of Trekking Through Compliance, we consider the episode The Mark of Gideon, which aired on January 17, 1969, and occurred on Star Date 5423.4

In an attempt to establish diplomatic relations with planet Gideon, Kirk beams down to the sensor-shielded planet using coordinates supplied by Gideon’s ambassador, Hodin. When Kirk materializes, he finds himself still on the transporter pad aboard the Enterprise. To his great surprise, he appears completely alone, and there is no sign of the crew. After noticing a bruise on his arm, Kirk encounters a girl named Odona.

Kirk begins to suspect that something is very wrong. Hodin explains that the germ-free atmosphere and an increasingly long life span on Gideon have created a vast overpopulation problem and hopes to bring it under control by introducing disease. When Kirk then asks Hodin why the people of Gideon have not practiced birth control, Hodin replies that the people of Gideon believe life is sacred, that the love of life is the greatest gift, and that they, therefore, cannot interfere with the creation of life.

By this time, Spock has discovered that the two sets of coordinates he has been provided do not match. After Admiral Fitzgerald refuses to let Spock beam down, Spock disobeys orders and returns to the first set of coordinates. He locates Kirkhe, and Kirk beams up with Odona to the real Enterprise. McCoy heals Odona, and she beamed back to Gideon, where her blood can now serve as the source of vegan choriomeningitis for her people.

Commentary

The episode highlights ethical issues surrounding population control, disease introduction, and individual rights versus the collective good. Through Captain Kirk’s experience and Spock’s defiance to rescue him, the episode also serves as a foundation for discussing real-world compliance challenges, especially in the context of vaccine mandates during a pandemic. The conversation underscores the importance of transparency, informed consent, and balancing public health priorities and individual liberties.

Key Highlights

  • Captain Kirk’s Mysterious Encounter with Gideon
  • Spock’s Investigation and Captain Kirk’s Discovery
  • Spock’s Rescue Mission
  • Compliance Takeaways from The Mark of Gideon

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha

Categories
Sunday Book Review

Sunday Book Review: August 11, 2024 Books on Financial 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 books on financial incentives in the corporate world.

  • Financial Incentives for Employees by P. Roots
  • The Theory of Incentives by Jean-Jacques Laffont and David Martimort
  • Mixed Signals by Uri Gneezy
  • Gamed by Bernie Smith

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