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Innovation in Compliance

Innovation in Compliance: Compliance in Finance 1 – Overview


This week on the Innovation in Compliance Podcast, Tom Fox and Philip Fry, the VP of Go To Market Strategy at Verint are releasing a conversation every day about the changes in the financial compliance industry. Philip says: “Verint are taking a unique approach to Financial Compliance. We do not accept that legacy solutions and methods are good enough for our client’s needs. As well as providing the most advanced capture and automation capabilities available within this space, we are also partnering with best-of-breed Regtech and Fintech organizations to provide customers with flexibility and options. Our approach is one of true partnership – we will be open, we will be honest, and we will share our customers’ objectives, working together to achieve them.”
Listen now:

What is Reactive, Active and Proactive Compliance?

These refer to the speed of response to compliance issues
Reactive compliance is the slowest – responding to and addressing compliance problems after they have occurred, analyzing the actions and circumstances in order to both correct the specific instance of non-compliance, and also learn lessons to help prevent reoccurrence in the future.
Active compliance might also be thought of as “in the moment” or “near real-time”.
You might call “Proactive Compliance” a “Minority Report” approach – achieved with tools and processes that focus on identifying conditions in which non-compliances are prone to occur and heading them off with automated tools that enforce communication or disclosure policies – preventing some interactions from happening at all, automatically force-feeding disclaimers into conversations or redacting content before it is transmitted and prompting employees with guidance and knowledge content to help them follow established, compliant procedures.

Capture, Control, Sustainability, and Oversight

Capture –  The extent and scope of financial regulation makes it imperative that businesses can record and capture the full range of electronic communication channels used by their employees. We all know how the number of available channels has increased –instant messaging, video calls and desktop sharing for example. And yet the majority of organizations cannot capture much more than traditional voice, dealerboard, and email communications. If any of their traders are using mobile phones or tools like SfB and Cisco UC, those interactions won’t be captured and are therefore automatically in contravention of regulations such as Dodd-Frank and MiFID. So I’ll be explaining how it is possible to capture all of these channels and why this is the minimum standard businesses should be aiming for.
Control – The increased scope of the regulations – that I just referred to – mean that it is becoming increasingly unsustainable to carry out all of the necessary compliance checks using traditional, mainly manual methods. For example – if your business is placing 50 thousand calls per week, then verifying as few as one in ten of the recordings is already be a huge task. If technology or configuration issues mean that you are unknowingly failing to record just 1% of calls, then that is 500 calls a week that are out of compliance. But because of the sampling rate, you only have a 0.1% chance of discovering this! Which means that you may have thousands of non-compliant interactions by the time you discover it! Automation, is a key part of controlling the environment, can remove problems like this, as well as spotting other types of compliance violations and stepping in before they occur. We’ll look at these possibilities in more detail.  We’ll also look at efficient, accurate transcription of trade-related speech recordings (something that’s much harder to achieve than you might think) and how to make all this easily identifiable, retrievable and readily available to support speedy responses to inquiries.
Sustainability – is not referring to the use of green power sources or the environment, but rather focuses on finding a way to sustain a compliant operation in the face of the very many day-to-day challenges that compliance and IT professionals face –

  • Keeping up with fast-moving, multi-jurisdictional regulations and complying with regulatory requests
  • Managing and sustaining acceptable levels of compliance and risk while organizations are going through widespread and wide-ranging change and transformation
  • Staying on top of the issues and opportunities posed by an ever-widening range of communication streams and recording platforms
  • And maintaining system health, inventory, and performance

We’re addressing the growing need to create a modern operational and systems architecture with proper levels of oversight, while also de-risking the complex projects and migrations that may form a part of those moves.
Oversight – here we’ll look at how it all comes together. The interaction data captured from new recording modes, the management of those recordings and how they are archived and how new tools and approaches can help reduce compliance risk and improve the investigation of interactions and trade-related data.
Tune in to tomorrow’s episode to learn about capturing the huge amounts of information needed to manage compliance and risk in a fast-moving world.
Resources:
Philip Fry
Verint

Categories
Daily Compliance News

September 28, 2019- the Need a Used Jet edition

In today’s edition of Daily Compliance News:

  • Need a used jet? Contact WeWork. (WSJ)
  • Wells Fargo finally hires new CEO. (NYT)
  • Door dash has data breach, waits 4 months to tell anyone. (What Me Worry?)(WSJ)
  • Is the party over (for IPOs)? (NYT)
Categories
FCPA Compliance Report

FCPA Compliance Report-Episode 446, Matthew Jacobs on the Juniper Networks FCPA Resolution

In this episode I visit with Matthew Jacobs, a partner at Vinson & Elkins in San Francisco who represented the Audit Committee of the Board of Directors of Juniper Networks in the company’s recently concluded FCPA enforcement action.  In addition to his discussion his work on the matter we discussed some interesting questions about representation during the pendency of a FCPA investigation. Some of the highlights include:

  • Initial retention by the Audit Committee and the scope of the assignment?
  • Why the settlement was so favorable to the company?
  • How the company is in a stronger position now to stay in compliance with the FCPA and other international anticorruption laws today.
  • When should there be separate counsel for company and audit committee?
  • Why do cases take so long and how does that help or hurt the company?
  • What is the role of management changes in the resolution of a FCPA enforcement action?
  • How has the interest of the government in compliance changed?
  • Where does the disgorgement issue fit in settlement discussions?
  • What is the effect of the government deferring to internal investigations?

Resources Matthew Jacobs, V&E website.

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FCPA Compliance Report

September 30, 2019- the End of the (FCPA Fiscal) Year edition

In today’s edition of Daily Compliance News:

  • Canadian company concludes FCPA enforcement action. (FCPA Blog)
  • Barclays settles FCPA hiring case. (FCPA Blog)
  • Quad Graphics settlement long standing FCPA case. (FCPA Blog)
  • Luis Alberto Chacin Haddad, sentenced to 51 months for FCPA violations. (FCPA Blog)
Categories
Daily Compliance News

September 29, 2019 Sunday Book Review edition

In today’s edition Sunday Book Review edition of Daily Compliance News, we continue a review of the Short List for the Financial Times Business Book of the Year Award:

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This Week in FCPA

Episode 173– the Franchise Record edition

As Tom celebrates the Astros franchise record of 104 wins (to-date) and Jay continues to avoid talking about the Red Sox, they then turn to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Both Nissan and Carlos Ghosn settle SEC charges for failure to report salary. Does Nissan have a massive conflict of interest in its investigation? Sean McLain and Nick Kostov report.
  2. PwC gets in yet more trouble with SEC. Francine McKenna reports. Matt Kelly explores. Tom and Matt take a deep dive in Compliance into the Weeds.
  3. TechnipFMC settles SEC charges for FCPA violation. Harry Cassin reports.
  4. How do you fix a toxic culture? Mike Volkov enlightens.
  5. What factors influence an ethical culture? Jay continues a multipart series.
  6. Thinking about investiging in US real estate? Foreigners need to check in on the new rules. Doug Cornelius explains.
  7. 8 Prominent CCOs tackle 5 compliance questions in an interview in Compliance Week.
  8. What are 10 reasons compliance programs fail? Andrew Hayward and Tony Osborn consider.
  9. Has the fight against corruption in Mexico turned the corner? Andrew Levine, Kara Brockmeyer and Marisa Taney consider.
  10. Tom continues his preview of the Converge19 speakers in a special bonus series of podcasts on the Compliance Podcast Network. Check out the following: Monday-Jacki Cheslow with a testimonial of why you should attend; Tuesday-Michael Rasmussen on a SWOT analysis for CCOs; Wednesday-Stephen Martin on the role of the Board of Directors; Thursday– Dan Chapman on the new DOJ Guidance (with an assist from FCPA Monitor himself) and Friday– Ren McEachern on the power of integrated 3rd party risk management. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone, YouTube,  Spotify and the Compliance Podcast Network.
  11. The Everything Compliance gang will be doing its first live podcast at Converge19. You should be there! Listeners to this podcast can obtain a complimentary ticket by using the promotion code foxvip, for registration and information, click here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

Categories
Daily Compliance News

September 27, 2019- the Risk and Compliance Journal edition

In today’s edition of Daily Compliance News:

  • Managing ESG takes time. (WSJ)
  • Ericsson sets aside $1.3bn for corruption claims. (NYT)
  • Should the Fed disclose its cybersecurity? One senator says yes. (WSJ)
  • Did PNB Paribas prop up Sudan? (WSJ)
Categories
The Ethics Movement

Ren McEachern on The Power of Integrated 3rd Party Risk Management: A Law Enforcement Perspective

CONVERGE is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the conference with new resources and best practices allowing you to continue the hard work of driving ethics to the center of your business. In today’s episode I visit with Ren McEachern, Managing Director at Exiger. We visit about his presentation at Converge19 on The Power of Integrated 3rd Party Risk Management: A Law Enforcement Perspective.In this presentation, McEachern will ask are you getting a comprehensive risk picture on your third parties? Learn how moving your organization from reactive to proactive risk management can give you a real business advantage from this session.For more information on Converge19, click here.

Categories
The Ethics Movement

Dan Chapman on DOJ Guidance Best Practices

CONVERGE is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the conference with new resources and best practices allowing you to continue the hard work of driving ethics to the center of your business. In today’s episode I visit with Dan Chapman, founder and Principle of Presyse Consulting. We visit about his interactive presentation at Converge19 on DOJ Guidance Best Practices.
In this presentation, Chapman will be joined by Jay Rosen VP at Affiliated Monitors, Inc. and Jonathan Marks, Partner at Baker Tilly. They will discuss the new DOJ guidance contained some subtle but impactful messages for the E&C community. This session will explore these key messages, the impact they are having and how you can best align your program with this guidance. For example, the emphasis on culture is a clear indication of the elevation of E&C, the impact you have on your business and the expectations that regulators now have that go way beyond pure regulatory adherence. You will leave this session better armed to elevate your programs to align with this new guidance and the emerging trends in our industry.
For more information on Converge19, click here.
Categories
Everything Compliance

Episode 53-the Keep Calm and Compliance On edition

Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jay Rosen, Matt Kelly, Sarah Hadden and Mike Volkov with a potpourri of topics and commentary on current events from the compliance perspective. Rants and shouts outs follow the commentary for this episode.
  1. Mike Volkov takes a deep dive into the Business Roundtable’s Statement on the Purpose of a Corporation. Volkov shouts out to Stephen Colbert and his humor for helping to get him through the Trump years.
  2. Jay Rosen considers whether the term Culture Culture Culture has supplanted the phrase Document Docment Document as the 3 most important words in compliance. Rosen shouts out to two recently deceased rockers who came of age in the 70s and 80s; Eddie Money and Ric Ocasek, as they joined that great band in Rock and Roll Heaven. Jay bids them to ‘go with God.’
  3. Sarah Hadden considers ethics and incentives to drive employee behavior. Hadden shouts out to the LinkedIn group Keep Calm and Compliance On which provides practical and science-backed strategies on how to thrive as a compliance officer.
  4. Matt Kelly considers the imbroglio around the Intelligence Whistleblower and the Trump Administration stonewalling its mandated review by Congress. He analyzes it in the context of a corporate whistleblower and corporate oversight. Kelly shouts out to the SEC for prosecuting Vantage Drilling for fabricating the existence of a CFO for nearly 3 years on SEC mandated reporting.
  5. Tom Fox shouts out to Major League Baseball for being the greatest of America’s pastimes for three reasons (1) Yaz tossing the Opening Pitch to his grandson, Mike Yastrzemski on the occasion of his grandson’s first appearance in Fenway Park (albeit as a San Francisco Giant). Mike responded by hitting a home run later in the game; (2) Toronto Second Baseman, Cavan Biggio, son of Hall-of-Famer Craig Biggio, hit for the cycle this week; thereby becoming the first father/son duo to hit for the cycle in MLB history; and (3) the Houston Astros became the 6thteam in MLB history to have three consecutive 100 win seasons.