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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)
Categories
FCPA Compliance Report

James Koukios on the MoFo Top 10 International Anti-Corruption Developments for November 2019


In the Episode, I visit with James Koukios, partner at Morrison & Foerster, Editor-in-Chief of the firm’s Top 10 International Anti-Corruption Developments. We visit about the firm’s Top 10 International Anti-Corruption Developments for November 2019.
Some of the highlights include:

  1. The Lambert guilty verdict. Can you have a guilty verdict for conspiracy without a conviction of the underlying offense?
  2. Revision to FCPA Corporate Enforcement Policy. What changed?
  3. Former CEO of Brazilian Chemical Company Indicted for FCPA and Money Laundering Offenses. Is this an outlier or will it become more prevalent?
  4. SEC Whistleblower numbers. What if anything do these numbers mean for Chairman Clayton’s attempts to cut back on the size of whistleblower awards?
  5. Miami Investment Firm Executive Pleads Guilty in $1.2 Billion Venezuelan Money Laundering Scheme.

Resources
To a copy of the Top 10 International Anti-Corruption Developments for November 2019 Newsletter click here.

Categories
Sunday Book Review

Sunday Book Review: February 2, 2020, to Mary Higgings Clark, the Queen of Suspense edition


In today’s edition of Sunday Book Review:
·       Where are the Children?
·       A Stranger is Watching
·       We’ll Meet Again
·       The Second Time Around

Categories
Daily Compliance News

February 1, 2020, the We’re No. 1 edition


In today’s edition of Daily Compliance News:

  • Delta, American and United all suspend travel to China. (NYT)
  • Airbus becomes largest corruption fined company of all time. (FCPA Blog)
  • With friends like that. (WSJ)
  • Britain can no longer rely on US. (FT)
Categories
31 Days to More Effective Compliance Programs

Day 31 | Levels of due diligence


Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of corruption risk. The key is to develop a mechanism to determine the appropriate level of due diligence and then implement that going forward. The question becomes how you use the information you obtained in the business justification and the questionnaire to determine an appropriate level of due diligence for the next step in the five-step process of third-party management. A three-step approach of varying levels of due diligence is the appropriate analysis to take going forward.
A three-step approach was discussed in Opinion Release 10-02, in which the DOJ discussed the due diligence that the requesting entity performed. This Opinion Release sets out a clear break which every compliance practitioner should use in considering an appropriate level of due diligence to engage with your third-party risk management process or when considering the level of due diligence required on a potential business venture partner. A very good description of the three levels of due diligence was presented by Candice Tal, Founder and CEO of Infortal Worldwide, in an article entitled “Deep Level Due Diligence: What You Need to Know
Three key takeaways:

  1. A Level I due diligence should only be used where there is a low risk of corruption.
  2. A Level II due diligence is sufficient in a high-risk jurisdiction if there are no red flags to be cleared.
  3. Level III due diligence is deep dive, boots on the ground investigation.

 

Categories
Daily Compliance News

January 31, 2020, the Some Deterrence is Better than No Deterrence edition


In today’s edition of the Daily Compliance News:

  • Did you help Carlos Ghosn escape Japan? If so, they want you. (NYT)
  • Trump Administrated gutted Chemical Safety and Hazard Investigation Board. Can it do its job? (Houston Chronicle)
  • Why there must be deterrence in white collar criminal enforcement. (FT)
  • Astros fan catalogued every Astros cheat (via bat-banging). (WSJ)
Categories
This Week in FCPA

Episode 190 – the What’s $4 Billion Between Friends edition

Reports are that Airbus will settle corruption allegations for nearly $4bn in England. What other bombshells are out there? Jay and Tom are back to consider some of the top compliance articles and stories which caught our eye this week. Stay tuned for our fearless Super Bowl predictions.

  1. Airbus to settle corruption charges for nearly $4bn.
  2. Ericsson executives acted in ‘bad faith’. Dick Cassin reports.
  3. What are 5 takeaways from the Luanda Leaks? Allison Taylor explains.
  4. Should we worry about the Trump Administration gutting the FCPA? Matthew Stephenson opines.
  5. How can you use external resources to bolster your compliance program? Jay continues his series.
  6. The SEC provides some pointers on cyber-security. Matt Kelly explores.
  7. Why is sponsorship important in compliance? Mary Shirley explains.
  8. What role did corrupt play in the coronavirus? Gretta Fenner and Monica Guy explore.
  9. A more comprehensive look at the SFO’s thoughts on compliance programs.
  10. On the Compliance Podcast Network, Tom concludes his 31 Days to a More Effective Compliance Program series and announces he is extending it out for the year. This week saw the following offerings: Day 27 considers pre-acquisition due diligence in M&A ; Day 28 looks at requirements in post-acquisition integration; Day 29 looks at root case analysis; Day 30 details how to use a root cause analysis to remediate; Day 31 concludes with a look at the 3 levels of due diligence. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, 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.