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This Week in FCPA

Episode 244 – the March Madness edition


As March Madness descends upon us in the bubble this year, Tom and Jay look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA.
Stories

  1. Retaliation against whistleblowers on the rise. Tom interviews Pat Harned on the FCPA Compliance Report.
  2. Novaris announces a new ABC compliance program. Harry Cassin in the FCPA Blog.
  3. Expect closer cooperation between DOJ and SFO. Neil Hodge in Compliance Week. (sub req’d)
  4. Developments in state of New York antitrust law. WilmerHale lawyers in NYU Compliance and Enforcement Blog.
  5. NatWest facing criminal charges in UK over money-laundering. Mengqi Sun in WSJ Risk and Compliance Journal.
  6. Due Diligence and SCRM. Matt Kelly in Navex Global’s Risk and Compliance Matters Blog.
  7. Braskem investigates bribery of Pemex official in Mexico. Dylan Tokar in WSJ Risk and Compliance Journal.
  8. Here be the Dragon for Internal Audit. Ali Noor in XpertsLeague.
  9. Continuous monitoring through continuous auditing. Jonathan Marks in Board and Fraud.
  10. What do BODs and senior execs see as the top risks for 2021. Jim Deloach in CCI. Charles Mitchell in the Harvard Law School Forum on Corp Governance.

 Podcasts and Events

  1. On The Compliance Life, Rob Chesnut joins me for the month of March. In the first episode, In Episode 1, Rob talks about his academic career at UVA and how its Honor Code influenced his thinking about ethics in his professional career and his his career as an AUSA. In Episode 2, Rob moves cross country to join eBay. In Episode 3, Rob talks about moving into the Chief Ethics Officer role at Airbnb.
  2. Microsoft has joined the Compliance Podcast Network, with two podcasts, Voice of Data Protection and Uncovering Hidden Risks. In Episode 3 of Voices of Data Protection, Bhavanesh Rengarajan discusses the value of information governance. In Episode 3 of Uncovering Hidden Risks, Raman Kalyan Talhah Mir consider using HR data to uncover insider risk.
  3. Check out some hoops and ethics in the 2021 Ethics Madness during the first day of March Information and registration here.
  4. In a special five-part podcast series, I visited with Pat Harned, President of Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey. In Episode 1, we review some of the key trends. In Episode 2, we review the key findings. In this Episode 3, we take up the most troubling finding in the GBES; that being the huge uptick in retaliation. In Episode 4, we consider the impact of Covid-19 on compliance. We conclude with Episode 5 on Conclusions and Recommendations. Full series available on iTunes here.
  5. Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions. This week on The Compliance Handbook podcast, the ladies from #GWIC join Tom for a deep dive into written standards.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
 

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Daily Compliance News

March 19, 2021 the Bad News edition


In today’s edition of Daily Compliance News:

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FCPA Compliance Report

ECI 2021 Global Business Ethics Survey: Episode 4 – Covid-19 and Culture


In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.
While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we are reviewing the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In Part 4, we consider Covid-19 and its impact on employees.
Join us for our concluding Episode 5, where we look at the conclusions from the GBES and its recommendations. To obtain a copy of the Survey, click here. To find out more about ECI, click here.

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Uncovering Hidden Risks

Insider Risks Aren’t Just a Security Problem

In this podcast we explore how partnering with Human Resources can create a strong insider risk management program, a better workplace and more secure organization. We uncover the types of HR data that can be added to an insider risk management system, using artificial intelligence to contextualize the data, all while respecting privacy and keeping in line with applicable policies.

Welcome to Uncovering Hidden Risks, a broader set of podcasts focused on identifying the various risks organizations face as they navigate the internal and external requirements they must comply with. We’ll take you through a journey on insider risks to uncover some of the hidden security threats that Microsoft and organizations across the world are facing. We will bring to surface some best-in-class technology and processes to help you protect your organization and employees from risks from trusted insiders. All in an open discussion with topnotch industry experts!
Learn More
Subscribe on: Apple Podcasts, Stitcher, Spotify, Google Podcasts, Deezer, TuneIn

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Life with GDPR

Trade Sanctions, AML and Export Control after Brexit


In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we conclude a 3-part series on issues relating to GDPR after Brexit. They include data protection, data transfer and issues related to trade sanctions, AML and export control. In this episode we consider trade sanctions, anti-money laundering and export control after Brexit.
Resources
Check out the Cordery Compliance Client alert on the data transfer after Brexit here.
Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

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Daily Compliance News

March 18, 2021 the Side Door edition


In today’s edition of Daily Compliance News:

  • Najib claims US withholding evidence which favors his defense. (Free Malaysia Today)
  • State of Texas to protect Wall Street and not its citizens from gouging. (Houston Chronicle)
  • Netflix documentary on Varsity Blues. (Time)
  • John Wood settles corruption case in Scotland. (WSJ)
Categories
FCPA Compliance Report

ECI 2021 Global Business Ethics Survey: Episode 3 – Retaliation


In this special five-part podcast series, I visit with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). Since 1994, ECI has conducted this cross-sectional study of workplace conduct from the employee’s perspective. ECI’s GBES data provides the only global benchmark on the state of ethics and compliance (E&C) in business. This year’s GBES is the first compliance related survey conducted after the global pandemic hit. It has significant information for the compliance professional which they need to consider for every compliance program, literally on a world-wide basis.
While a multitude of factors influence ethical behavior, the GBES reports interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are: pressure in the workplace to compromise ethical standards; observations of misconduct; reporting misconduct; and, ultimately, the retaliation perceived by employees after they reported misconduct. Some of this year’s findings are quite troubling as they are clearly trending in disturbing directions. Over this series we review the key findings, how retaliation against whistleblowers has taken an alarming turn, the impact of Covid-19 on compliance, closing with conclusions and recommendations. In Part 3, we consider the GBES findings around retaliation.
Join us for Episode 4, where we consider Covid-19 and its impact on employees. To obtain a copy of the Survey, click here. To find out more about ECI, click here.

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Cordery

Cordery Head to Head @ Home: Tom Fox on Investigations & Improving Your Compliance Program


In this edition of Cordery Head to Head @ Home Cordery’s Jonathan Armstrong talks to Tom Fox.
Tom is one of the US’s leading compliance commentators. Tom joins us from his home in Houston, Texas. Tom has practiced law in Houston for 30 years. He is now an Independent Consultant, assisting companies with anti-corruption and anti-bribery compliance. He was previously General Counsel at Drilling Controls, Inc., a worldwide oilfield manufacturing and service company. Before that he was division counsel with Halliburton Energy Services, Inc. where he supported Halliburton’s software division and its downhole division.
Listen to the episode now:

Tom is the author of the award winning FCPA Compliance and Ethics Blog and the international best-selling book “Lessons Learned on Compliance and Ethics”.
Tom talks about the challenges of investigations and how to improve your compliance program. He talks about the specific issues caused by the pandemic and the need to look at how the compliance risks have changed in every organisations. He also speaks about how investigations always have the benefit of hindsight and how regulators may not make allowances for the current pandemic in future investigations. He gives practical tips that you can do now to avoid issues in the future.
You can watch some earlier films with Jonathan and Tom chatting in London here https://www.corderycompliance.com/cordery-head-to-head-tom-fox-on-importance-of-customers-in-compliance/
You can find out more about Tom and listen to his podcasts here http://fcpacompliancereport.com/
You can find out more about Cordery and its work here https://www.corderycompliance.com/.
You can also read about current issues in dealing with the pandemic here https://www.corderycompliance.com/category/covid19/
There is more on Cordery’s work in investigations here https://www.corderycompliance.com/internal-investigations/
 

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Compliance Into the Weeds

A Punch in the Face to SEC Enforcement?


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into a recent speech by SEC Commissioner Caroline Crenshaw on a new philosophy in SEC financial penalty enforcement.
Some of the issues we consider are:

  • Who is SEC Commissioner Caroline Crenshaw?
  • What was the 2006 policy regarding enforcement priorities?
  • What changes did Commissioner Crenshaw propose?
  • What about the timing of the remarks?
  • Is this a response to the Supreme Court decision in Lui?
  • What does this mean for compliance officers?

Resources
Matt’s blog post on Radical Compliance:
SEC Enforcement Speech, Umm Wow 
2006 SEC Enforcement Policy Statement

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Great Women in Compliance

Donna Schneider on Healthcare Compliance


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
We’re pleased to introduce our latest two part series on Great Women in Compliance this week – a focus on Healthcare Compliance!  In part one we speak with Donna Schneider Lifespan Vice President, Corporate Compliance and Internal Audit.  In an unconventional start for GWIC, we begin the episode by level setting on the topic of what Healthcare Compliance is compared with similar industry areas and some of the unique topics that fall under Healthcare Compliance, both in the US and internationally before launching into Donna’s fascinating background as a healthcare provider herself initially, before joining the Compliance realm.
Donna shares her subject matter expertise by commenting on pressing issues of the day for Healthcare Chief Compliance Officers. For anyone looking to transition into Healthcare Compliance, you’ll want to tune into this episode as Donna shares her tips for those job hunting and in particular hoping to be a Healthcare Compliance professional.
Donna and Mary also ruminate about the benefits of Compliance certifications and volunteering – they could just set you a apart as a shining candidate in a job search.
We seek Donna’s advice for Compliance Officers seeking zen and balance after your temper has been tested at work.  Tune in for tips from someone who has seen and done a lot in her career and unsurprisingly has some sound tips to take away to keep a sense of calm in even the most stressful of moments.
Mary wraps up the episode with the first of a two pronged speak up campaign – the first prong focuses on the deterrent that staff believe that speaking up is futile.  Tune in to our second episode in the Healthcare Compliance series to hear from Mel Sponholz and the second step in Mary’s speak up campaign.
We like to share advice and tips on the podcast via our learned guests but some things don’t have immediate answers, including some aspects of what we’ve canvassed today.  If you’d like to share your thoughts on the issues raised, we invite you to connect with us at GWICpod@gmail.com.
The Great Women in Compliance Podcast is proudly featured on the Compliance Podcast Network and sponsored by Corporate Compliance Insights.  If you enjoyed this episode please subscribe to the podcast and rate it on your podcast player to help other compliance professionals find it.  Want to hear more from us?  We have a book, “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020) which is available on Amazon.com and Book Depository.
If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?
As always, we are so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up or would just like to reach out and say hello, we always welcome hearing from our listeners.
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.