Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Mari Ryan, founder and CEO of Advanced Wellness. She talks about the mental wellness aspects of employment during this time of the Coronavirus health crisis and what CCOs and companies can do to help their employees thrive.
For more information on Advanced Wellness, check out their website by clicking here.
This podcast is sponsored by SAI Global. To learn how you can protect your business operations and workforce during these uncertain times, visit saiglobal.com/risk for free resources, expert guidance, and industry-leading technology.
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Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
When someone new joins a team, we often think about onboarding from the manager and the new employee’s perspective, but often we may think less frequently about how that person’s team will be impacted in their work and as team members.
In this episode of GWIC, Lisa speaks with two of her peers at Pearson as she is reflecting on her first-year anniversary. Sarah Powell is Compliance Counsel and Director, Third Party Anti-Bribery and Corruption Compliance and Cindy Merlino is the Global Ethics and Compliance Specialist, and both spent considerable time to do everything they could to set Lisa up for success.
We discuss how they support a new team member, from preparing pre-first day to the onboarding process, and provide tips on how to do that successfully while continuing their work. We also talk about integrating new people and what qualities are important to them in a new team member.
Finally, Sarah is from South Africa and just returned there from London so we get a view on South Africa’s self-quarantine and how past ethics and compliance issues impact the current situation. Cindy, like so many Americans, is adjusting to homeschooling while continuing her own work.
Join the Great Women in Compliance community on LinkedIn here.
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. In this podcast Matt Kelly and Tom Fox take a deep dive into the recently released CDC Inspection Report for the Smithfield Foods’ South Dakota meat packing facility. Last week, the CDC published a report that recommended more than 100 remediation steps Smithfield should implement so it can reopen the plant as soon as possible. We explore them from the compliance perspective.
Some of the highlights include:
- What are the CDC services which led to the Report?
- Smithfield Foods was not designed to prevent the spread of infectious diseases. What must it do now?
- What are some of the key elements needed for a successful reopening?
- What is the role of the CCO in reopening?
- How can physical layout be a control?
- What are the potential legal liabilities to Smithfield Foods?
Resources
Matt Kelly blog post, Smithfield Foods and Covid-19 Controls
In today’s edition of Daily Compliance News:
- Feds seize $450MM from Corrupt Venezuelans? (Miami Herald)
- Boeing in even more federal trouble. (WSJ)
- Swiss bank could lose license over 1MDB. (Reuters)
- Trump orders meat packing plants to open, no worker protection mentioned. (WaPo)
In this 5-part podcast series I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program, released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In this concluding Episode, we bring together our final thoughts through a consideration of the question “What does it all mean for your compliance practice?” While the 2019 Guidance was written by prosecutors for their use for companies which are under a Foreign Corrupt Practices Act (FCPA) investigation, Feldman views it as “treasure trove of opportunity” because of that very reason. The 2019 Guidance provides details into “how prosecutors are going to be thinking and perhaps, more importantly, how they are being directed to think about an organization’s ethics and compliance obligations and, finally, whether companies under investigation are going to receive credit for it at the end of the day.”
In this 5-part podcast series I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program, released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 4, we consider the question “Does your compliance program work in practice?” This final category considers your compliance program in both a retrospective and current review. It considers the effectiveness of your program at the time of the incident(s) in question and then asks if your compliance program has changed based on the lifecycle of risk assessment program, implementation evaluation, and other inputs. Additionally, Feldman noted that for the “first time I have ever seen in any DOJ guidance, it says that the existence of misconduct does not by itself means that a compliance program did not work or was ineffective.”
In this 5-part podcast series I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program, released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 3, we consider the question “Is it being effectively implemented?” We look at commitment by top management, autonomy and resources for the CCO and compliance function and incentives and disciplinary measures taken by an organization.
In this 5-part podcast series I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program, released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward. In Episode 2, we consider the question “Is your program well designed?” We look at risk assessments, policies and procedures, training and communications, Confidential Reporting Structure and Investigative Process, third-party management and mergers and acquisitions.
In this 5-part podcast series I visit with Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward.
In this first episode, we begin with some of Feldman’s observations. The 2019 Guidance asks three fundamental questions prosecutor should ask; all other questions are divided into these categories: (1) “Is the corporation’s compliance program well designed”; (2) “Is the program being applied earnestly and in good faith?” In other words, is the program being implemented effectively? Is it real? and (3) “Does the corporation’s compliance program work” in practice? Feldman expanded on these three basic questions, noting in the first question, the query is “whether it’s well designed and there is no a rigid formula.”
The 2012 FCPA Guidance specified, “a good compliance program should constantly evolve. A company’s business changes over time, as do the environments in which it operates, the nature of its customers, the laws that govern its actions, and the standards of its industry. In addition, compliance programs 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.”
Continuous improvement through continuous monitoring will help keep your compliance program abreast of any changes in your business model’s compliance risks and allow growth based upon new and updated best practices specified by regulators. A compliance program is a continuously evolving organism, just as your company is continually improving its business processes. The 2012 FCPA Guidance makes clear the “DOJ and SEC will give meaningful credit to thoughtful efforts to create a sustainable compliance program if a problem is later discovered. Similarly, undertaking proactive evaluations before a problem strikes can lower the applicable penalty range under the U.S. Sentencing Guidelines. Although the nature and the frequency of proactive evaluations may vary depending on the size and complexity of an organization, the idea behind such efforts is the same: continuous improvement and sustainability.”
Three key takeaways:
- Ongoing monitoring is not limited to financial monitoring, a holistic approach would look at other indicia of corruption.
- Where there is compliance smoke, there is most usually a compliance fire.
- Continuous improvement can be achieved in a variety of efficient, cost-effective ways.
