Categories
Compliance Into the Weeds

Wells Fargo Risk Assurance Execs Under Scrutiny


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 we take a deep dive into the Office of Comptroller and Currency’s proposed Cease and Desist Order against former high-ranking Wells Fargo risk assurance executives.
Some of the highlights include:

  • Are risk assurance executives now under more scrutiny by regulators?
  • Were the facts of Wells Fargo’s fraudulent accounts scandal so bad to raise a new level of liability?
  • Should we expect new regulatory guidance?
  • If the first line of defense performs it function, but the second and third do not; what are the implications?
  • What are the implications for the compliance discipline and CCO?
Categories
Daily Compliance News

February 5, 2020, the Airbus Fallout Continues edition


In today’s edition of Daily Compliance News:

  • Another Goldman Sachs banker involved in 1MDB banned. (NYT)
  • Airbus resolution portends great international cooperation? (WSJ)
  • Head of AirAsia out after Airbus settlement names him as bribe Recipient. (Bloomberg)
  • Aviana opens corruption probe. (WSJ)
Categories
31 Days to More Effective Compliance Programs

The Role of HR in Creating an Ethical Culture


The Evaluation of Corporate Compliance Programs, 2019 Guidance, makes clear that operationalization of compliance into an organization should be done at multiple levels. The 2019 Guidance also called out culture as a key indicia for an ethical culture. Creating an ethical culture is an important step for any company to burn compliance into the DNA of a business. It must be done at every level of an organization on a continuous basis. Human Resources (HR) can play a key role in both the creation and maintenance of an ethical culture.
Ethics and compliance blend together in the corporate world. It is not just the responsibility of CCOs and compliance practitioners but of HR to support those employees who want to do the right thing. While written protocols are significant in both detection and prevention, one should never lose sight of a corporate culture as a way to positively impact your workforce and company going forward.
Three key takeaways:

  1. Beware of the three obstacles to creating an ethical culture.
  2. What really matters in your company?
  3. A speak up culture will improve the operational performance of your business.
Categories
12 O’Clock High-a podcast on business leadership

Business Leadership Failures from 2019-Boeing


This week I have a special five-part podcast series where I am joined by Amii Barnard-Bahn to review some of the top business leadership failures of 2019.  Today, we take a look at leadership failures from the continuing saga of Boeing. Some of the issues we explore in this podcast include:

  • This case is a tragic ethical failure, which caused significant loss of life.
  • Boeing clearly has a broken culture. There is low trust, lack of accountability between employees and management, coupled with unhealthy cultural norms at work.
  • What has been the role of the FAA? Has there been questionable regulatory oversight?
  • Boeing has a brand new CEO but the entire company needs total turnaround. 

About Amii
 Amii Barnard-Bahn, JD, PCC, CCEP, CCEP-I  is an executive coach who specializes in accelerating the success of legal and compliance executives and their teams. A leadership columnist for Compliance Week and Fellow at the Harvard Institute of Coaching, Amii previously shaped company culture and strategic initiatives as an executive (CAO, Chief Compliance Officer, and Chief Human Resources Officer) at companies such as McKesson and Allianz. Forbes has recognized Amii as “one of the top coaches for legal and compliance executives.”  
Contact Amii
Executive Coach and Strategic Advisor
Barnard-Bahn Coaching & Consulting
Office: (510) 301-0400 | Email: amii@barnardbahn.com |website: www.barnardbahn.com
Resources
For helpful insights and actionable tips on accelerating your career, sign up for Amii’s bi-monthly newsletter at bit.ly/amiibbnews

Categories
Innovation in Compliance

Putting Compliance In Your Hands with Garin Bergman


This week’s guest on Innovation In Compliance is Garin Bergman, founder of the Palmtree compliance app. He chats with Tom Fox and Ronnie Feldman about the app, and how it puts compliance into the hands of employees.

Making Compliance Simpler and Timely
Ronnie believes that the next boundary in compliance is simplicity, not complexity. Garin’s innovative solution is a simple way to get compliance to people through technology, he says. Garin explains that Palmtree is a mobile application for smartphones and tablets that allows compliance departments to put their materials into their employees’ hands wherever they are. The app can recognize employees’ location and send them communications that might be relevant to their project or that might minimize compliance risk. In addition, having the app available on their devices – an environment they’re already used to and like to use – in an engaging and easy to read format, further supports the compliance program.
Key Features
Palmtree has the ability to track and analyze metrics that are important to the company. Another innovative feature is the gift registry module. Garin explains that this allows individuals to submit gifts to be reviewed and approved by their supervisor. The supervisor is notified of the request and, using the information available in the app, makes an informed decision whether to allow the gift. The request is approved or declined right within the app, and the employee is notified. Additionally, robust back end analytics can provide reports on the types of gifts that have been given over the past two years.
Solving A Compliance Problem
Tom comments that an often overlooked reason why adoption of new technology is slow in the compliance industry is that it requires lawyers, who comprise the majority of the industry, to deviate from the static policies, procedures and delivery of training they’re accustomed to using.
People also assume that having a solution like Palmtree will be very expensive, Garin says. However, the cost is quite reasonable and it can be deployed in as few as 45 to 60 days. Tom adds that it also allows you to comply with the Department of Justice’s requirements for ongoing improvement of your compliance program.
Resources
Garin Bergman
LinkedIn Profile
PalmTree Website
Ronnie Feldman
Ronnie Feldman (LinkedIn) | Twitter
Learnings & Entertainments (LinkedIn) 
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.

Categories
Daily Compliance News

February 4, 2020, the Farewell to a Telecom Cowboy edition


In today’s edition of Daily Compliance News:

  • Bernie Ebbers dies. (NPR)
  • What was the culture at L Brands-make a compliant, you get fired. (NYT)
  • Keep your pants on at work (Part 31,297). (WSJ)
  • Airbus to have monitor. (WSJ)
Categories
31 Days to More Effective Compliance Programs

The Role of Human Resources in Operationalizing Compliance-Introduction

Ed. Note-my series in January, 31 Days to a More Effective Compliance Program, was so popular, I decided to extend it through 2020. Each month, I will focus on one topic in a best practices compliance program. I begin in February with the role of Human Resources in compliance. The series has its own iTunes channel, 31 Days to a More Effective Compliance Program. I hope you will find these podcasts useful. Tom Fox

I have long advocated for a greater role of Human Resources (HR) in compliance. Indeed, one sign of a mature compliance and ethics program is the extent to which a company’s HR Department is involved in implementing a compliance solution. While many practitioners do not immediately consider HR as a key component of a best practices compliance solution, it can be one of the lynch pins in spreading a company’s commitment to compliance throughout the employee base. HR can also be used to ‘connect the dots’ in many divergent elements of a compliance and ethics program.
Even more important is the operationalization of compliance into the fabric of the business. One of the key indicia of compliance program effectiveness is how thoroughly each separate corporate discipline incorporates compliance into its everyday job functions. An active and functioning compliance program will literally be alive in each department in an organization.
HR has as many touchpoints as any other corporation function with employees. From interviews to onboarding, through evaluations and performance appraisals, even to the separation process; HR leads many of the corporate touchpoints. Each one of these touchpoints can be used to teach, educate and reinforce the message of doing business ethically and in compliance with anti-corruption laws
Three key takeaways:

  1. What are the HR-employee touchpoints at your company?
  2. HR professionals can bring new, dynamic and innovative techniques to compliance
  3. Go down and have a cup of coffee with the head of your corporate HR department. Find out what they do and how they do it.
Categories
Why a Duck

A Night at the Opera, Part 2 and 2019 FCPA Enforcement Year in Review


From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode they begin a three-part series where they discuss the movie A Night at the Opera and how it informs the 2019 in Compliance, FCPA enforcement actions and Compliance into 2020 and beyond.  In this episode we review the 2019 FCPA year in enforcement. Highlights from the podcast include:
1.     What were the key lessons learned from SEC enforcement actions in 2019?
2.     What were the key lessons learned from DOJ enforcement actions in 2019?
3.     Why was the Ericsson enforcement action such a stunning resolution?
4.     What was the state of monitorships in 2019?
5.     Why did ‘follow the money’ continue to be critical in 2019?
6.     Did the Yates Memo achieve full expression in 2019?
Resources
Mike Volkov-FCPA Enforcement Highlights
Tom Fox
SEC Enforcement Actions from 2019
Five DOJ Enforcement Actions in 2019
Marx Brothers
The Statement Room Scene-YouTube

Categories
12 O’Clock High-a podcast on business leadership

Business Leadership Failures from 2019-WeWork


This week I have a special five-part podcast series where I am joined by Amii Barnard-Bahn to review some of the top business leadership failures of 2019.  Today, in our first episode, we take a look at leadership lessons from the rise and fall of Adam Neumann, the former CEO of WeWork. Some of the issues we explore in this podcast include:

  • How did a charismatic, eccentric and inexperienced Founder CEO went boom ($47B valuation) to bust, all in the space of a few short months?
  • How and why did Neumann create a toxic culture with major conflicts of interest and poor corporate governance.
  • Neumann was forced out, the company’s IPO postponed and its future remains to be seen.
  • Have investors have finally had it with startups that aren’t following basic rules of monetary gravity? Have we turned a corner?

About Amii 
Amii Barnard-Bahn, JD, PCC, CCEP, CCEP-I  is an executive coach who specializes in accelerating the success of legal and compliance executives and their teams. A leadership columnist for Compliance Week and Fellow at the Harvard Institute of Coaching, Amii previously shaped company culture and strategic initiatives as an executive (CAO, Chief Compliance Officer, and Chief Human Resources Officer) at companies such as McKesson and Allianz. Forbes has recognized Amii as “one of the top coaches for legal and compliance executives.”
Contact Amii
Executive Coach and Strategic Advisor
Barnard-Bahn Coaching & Consulting
Office: (510) 301-0400 | Email: amii@barnardbahn.com |website: www.barnardbahn.com
Resources
For helpful insights and actionable tips on accelerating your career, sign up for Amii’s bi-monthly newsletter at bit.ly/amiibbnews

Categories
Daily Compliance News

February 3, 2020, the Angels in Hell edition


In today’s edition of Daily Compliance News:

  • Angels in Hell. (NYT)
  • Would you buy a used car from Wells Fargo (or financial advice for that matter)? (WSJ)
  • What will Brexit mean for sanctions? (WSJ)
  • Flush toilets and alternative facts. (Washington Post)