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Daily Compliance News

Daily Compliance News: June 26 2019-the TechnipFMC settles edition

In today’s edition of Daily Compliance News:

  • Recidivist TechnipFMC settles FCPA enforcement action. (FCPA Blog)
  • Merrill Lynch settles market manipulation charges. (WSJ)
  • We want to comply but can’t. (Washington Post)
  • US chip companies still selling to Huawei. (NYT)
Categories
Compliance Into the Weeds

Compliance into the Weeds: Bonus Episode-Reflections on KPMG with Francine McKenna

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 episode, Matt Kelly (the coolest guy in compliance) and I take things in a different direction as we welcome Francine McKenna, reporter at MarketWatch. And blogger extraordinaire at Re: The Auditors. After one full week of writing, thinking and talking about the SEC enforcement action against KPMG, we provide our initial reflections.
McKenna discusses:

  • Is the total fine only Starbucks money for KPMG?
  • Why no one had an inkling of this cheating scandal in addition to the PCAOB scandal.
  • Why will the SEC will go out of its way not to put KPMG out of business?
  • What are the federal government audit assignments KPMG currently holds?
  • How should recalcitrant KPMG employees be disciplined?
  • Can the KPMG culture be turned around?

Kelly discusses:

  • Who will be the monitor and what will be their scope? What will they do?
  • How do you hold accounting firms accountable?
  • Channeling his inner Dean Wormer, Kelly asks if KPMG is now on a double Cease and Desist Order?
  • Can KPMG keep public confidence going forward?
  • Did Jay Clayton’s summer 2018 comments include any knowledge of the cheating scandal?

Fox discusses:

  • Was it negligent or intentional conduct involved?
  • How heavy is the shadow of Arthur Anderson in this matter?
  • Why the government will use all means possible not to put KPMG out of business?
  • KPMG in currently involved in multiple scandals, in at least 3 separate continents. Where and when will it end?
  • Is it time to break up the Big 4?
  • Is this fine really even a meaningful sanction?

For additional reading,  check out the following resources:
You should start with McKenna’s great piece on the scandal in MarketWatch, “The KPMG cheating scandal was much more widespread than originally thought
Matt’s blog post-Questions on the KPMG Ethics Fiasco
Tom’s blog post-Day of Reckoning for KPMG-Failures in Ethics
 

Categories
Trekking Through Compliance

Trekking Through Compliance-Episode 25-Errand of Mercy

In this episode of Trekking Through Compliance, we consider the episode Errand of Mercy which aired on March 16, 1967, Star Date 3194.8.
Compliance Takeaways:

  1. In an investigation, trust but verify.
  2. If your subsidiary’s financial statements are too complicated to decipher, you have a problem.
  3. Do you know how far down your TPIs extend?
Categories
Trekking Through Compliance

Trekking Through Compliance-Episode 24-Devil in the Dark

In this episode of Trekking Through Compliance, we consider the episode Devil in the Dark which aired on March 9, 1967, Star Date 3196.1.
Compliance Takeaways:

  1. What is your root cause analysis?
  2. Have you analyzed your internal controls from the compliance perspective?
  3. Simply because something is different doesn’t means its wrong or illegal. Is there a business justification?
Categories
Innovation in Compliance

Foundational Data Security with Chris Hoose


In this episode of the Innovation in Compliance Podcast, Tom Fox has a discussion about data security for smaller companies with the president of Choose Networks: Chris Hoose.  
Choose Networks is described on its website as Chris Hoose’s youngest child – and that’s something many entrepreneurs can relate to. The idea of family, however, is very important to the culture of Choose Networks. Maintaining that kind of family culture, where you have friends at work, and even in terms of how you think about your clients and vendors is a major priority for Chris – and a key element in how they provide a consistent product to their client. This matters because they really serve as an extension of their clients’ staff – the IT department.

Small Businesses are Tempting
The biggest reason hacking is an issue for small companies is that they often have access to the databases of much bigger companies. A small business can be a tempting target for a hacker, who thinks of them as an easy way into a much bigger organization.
Small companies can demonstrate that their systems are secure, and in compliance with all relevant regulations to communicate to large clients that they’re on top of and careful about, security. The technical requirements are the easy part – more difficult is behavior, and making sure that teams are adhering to policy.
Passwords are Still Key
It’s important to be careful with your passwords – believe it or not, many people still have to be told not to write them down and stick them to your monitor! Adding 2-factor authentication methods takes security one step further, and can be valuable for organizations who have access to sensitive information. Still – the number one thing to do to prevent cyber threats is to educate their employees about how to be mindful.
Storing Information on the Cloud
Cloud storage is everywhere – and it’s great in terms of ease of access, but relying on someone else to protect your data can be risky. On the other hand, they’re often much better at protecting things than you are. Choosing the right provider is important: you don’t want to trade security for convenience.
Have you Updated Your OS?
Vulnerabilities in operating systems are one of the most common ways for hackers to gain access to sensitive information. Since companies don’t know what the vulnerabilities are when they release an OS, they release security patches as they are discovered. At a certain point, the creators of Operating Systems have to stop producing security patches for their software – and when that happens, it’s open season. Update your OS on a regular basis – and upgrade it when it’s getting too old to protect.
When you’re dealing with teams that work remotely, your cloud provider is the most important data security consideration – and another major one is who owns the hardware your team uses. If your employees use their own equipment, you need to make sure you have certain privileges on them – like monitoring any recording, and remote wiping.
Resources:
ChooseNetworks.com
ChrisHoose.com

Categories
Daily Compliance News

Daily Compliance News: June 25, 2019, the cheating on tests edition

In today’s edition of Daily Compliance News:

  • Daimler shares fall on allegations it manipulated diesel tests. (WSJ)
  • CTFT awards $2.5MM whistleblower award. (FCPA Blog)
  • Chinese bank faces ‘death penalty’ sanctions. (Washington Post)
  • Airbus shuts down business unit in bribery scandal. (The Guardian)
Categories
Trekking Through Compliance

Trekking Through Compliance-Episode 23-This Side of Paradise

In this episode of Trekking Through Compliance, we consider the episode This Side of Paradise which aired on March 2, 1967, Star Date 3417.3.
Compliance Takeaways:

  1. What are the unknown talents of your staff?
  2. Failure to continuously monitor can lead to disaster.
  3. What is the role of all your team members?
Categories
Daily Compliance News

Daily Compliance News: June 24, 2019, the company you keep edition

In today’s edition of Daily Compliance News:

  • Just who are your friends and why does it matter.(FT)
  • Networking for newbies. (Washington Post)
  • Who are your friends (Part Duex). (NYT)
  • Ex-head of Interpol pleads guility to corruption in Chinese court. (BBC)
Categories
FCPA Compliance Report

The Current State of Compliance – Issues and Challenges: Part 5 – New Compliance Concerns in Healthcare

Over this five-part podcast series, I have visited with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, and the sponsor of this podcast series. We have taken a comprehensive look at state of compliance at the half-year mark of 2019. In the concluding episode, Part V, we consider some of the latest challenges for healthcare compliance, including legislative changes and a recent corruption trial which Orr believes will be seen as a landmark event.
There are some safe harbor exceptions but outside of those exceptions a broad interpretation of value is used. For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here.

Categories
FCPA Compliance Report

The Current State of Compliance – Issues and Challenges: Part 4 – Private Equity and Compliance

In this five-part podcast series, I visit with Terry L Orr, a Managing Director at Kroll, a division of Duff & Phelps, the sponsor of this podcast series. We visit on the current state of compliance through the lens of recent Foreign Corrupt Practices Act (FCPA) enforcement actions and the Evaluation of Corporate Compliance Programs, 2019 Guidance, consider some of the specific issues in compliance for private equity and the increased importance of compliance in the healthcare industry. It is a comprehensive look at state of compliance at the half-year mark of 2019. We have previously considered how compliance programs might be updated based upon lessons learned in recent FCPA enforcement actions, then we considered the Department of Justice’s (DOJ’s) recent guidance on corporate compliance. In Part IV, we consider unique challenges for private equity companies in compliance; both in their organizations and for their portfolio companies.
For more information on Kroll, a division of Duff & Phelps, click here. For more information on Terry Orr, click here. Join us for our final episode where take a deep dive into the burgeoning issues of healthcare and compliance.