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Compliance Tip of the Day

Compliance Tip of the Day: Why Use Ai and ML in Risk Assessments?

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider why you should move away from human-driven risk assessment to AI and ML-assisted risk assessments.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Daily Compliance News

Daily Compliance News: June 26, 2024 – The $182, 300 Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • Corruption costs shippers $182,300 per shipment.  (Cyprus Shipping News)
  • Absence of honesty in UK elections. (FT)
  • The DOJ says criminal charges are coming against Boeing. (BBC)
  • Hungary launches an investigation of TI. (Bloomberg)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Compliance Into the Weeds

Compliance into the Weeds: Navigating DOJ’s Boeing Dilemma Under DPA Violations

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject.

Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the complexities surrounding the Department of Justice’s potential decision to criminally prosecute Boeing under its Deferred Prosecution Agreement (DPA) related to the 737 MAX crashes.

They explore the various facets of corporate justice, including retribution, remediation, and societal interests, as well as the challenges in balancing justice for the victims and the broader implications for public safety and corporate culture.

The discussion also covers the FAA’s role, the potential for new operational limits on Boeing, the impact and structure of compliance monitorships, and what compliance officers can learn from this high-stakes scenario.

Key Highlights:

  • DOJ and Boeing: The 737 MAX Dilemma
  • Corporate Justice: Individuals vs. Corporations
  • Balancing Justice and Corporate Interests
  • Deferred Prosecution Agreements: Compliance Challenges
  • Financial Penalties vs. Operational Limits
  • The Potential of Monitorships
  • FAA’s Role and Challenges
  • Compliance Lessons and Future Considerations

Resources:

Matt on Radical Compliance

 Tom 

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Great Women in Compliance

Great Women in Compliance: Back to School – Advanced Ethics and Compliance Studies

Welcome to the Great Women in Compliance podcast on the Compliance Podcast Network, sponsored by Corporate Compliance Insights.

One of the themes amongst Ethics and Compliance professionals is how we “fell into compliance.”  Once that happens, how do we learn the skills we need?

In this episode, Lisa and Sarah Hadden are talking about advanced compliance studies. Their guests are Barbara-Ann Boehler, Senior Director, Compliance & Ethics at Fordham Law and Cindy Marsh, who is a Senior Manager, Global Trade and Compliance at Victaulic and received her Masters in Studies of Law in Corporate Ethics and Compliance in 2022 from Fordham.

Barbara talks about her experience leading the program, as well as being a faculty member, and how they put together and structure this program.  Cindy enrolled at Fordham to grow her expertise from trade sanctions work into compliance and talks about her ongoing relationship with peers and how these are built.

The group also talks about all of the other resources for compliance learning if an advanced degree program is not the right path, and how the ethics and compliance community has so many avenues for learning and networking.

Cindy is also an experienced improv performer, and she also leads a program to bring improv to corporate settings. Lisa has just started to do improv, so that was an unexpected and shared part of the episode.

Topics include:

  • Different types of continuing education programs to learn ethics and compliance
  • The benefits of getting an advanced compliance degree and the types of programs
  • The community and network that can be built through compliance education programs
  • The impact of continuing compliance education

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Blog

There is No ‘One Path’: Ethics and Compliance Education

In the ever-evolving field of ethics and compliance, one question remains: What kind of education do you need to become a great compliance officer? This topic was at the forefront of an episode of Great Women in Compliance. In this fascinating episode, hosts Hemma Lomax and Lisa Fine welcomed two guests: Barbara-Ann Boehler, Senior Director of Compliance and Ethics at Fordham Law, and Cindy Marsh, Senior Manager of Global Trade and Compliance at Victaulic, who shared their unique journeys and the educational paths they took.

Boehler has over 20 years of experience in financial services compliance. Before joining Fordham, she spent many years teaching compliance practice skills at Suffolk Law School and Boston University. Her extensive financial services and education background made her transition to Fordham a natural fit, where she now directs the corporate ethics and compliance program.

On the other hand, Marsh has been working in compliance since the 1990s, when the field was relatively unknown. Her career began in importation for an ocean carrier, and she is a licensed customs broker. To expand her knowledge, Cindy pursued a Master’s in Studies of Law (MSL) in Corporate Ethics and Compliance at Fordham. Her focus on trade compliance highlights the niche areas within the broader compliance field.

Boehler and Marsh underscored the significance of advanced studies in compliance. Boehler explained Fordham’s offerings, including a Master’s in Studies of Law for non-lawyers and an LLM in Corporate Compliance for lawyers. These programs are tailored to address the needs of highly regulated industries such as financial services, healthcare, and human resources.

One key benefit of these advanced studies is learning from peers equally passionate about compliance. Marsh noted that being surrounded by like-minded individuals who understand and respect the nuances of compliance was an invaluable aspect of her education at Fordham. This community fosters rich discussions and a deeper understanding of complex regulatory issues.

The practical application of compliance education was another focal point of the discussion. Boehler highlighted the importance of capstone courses, where students can engage in real-world compliance scenarios. These courses are designed to be highly interactive, with students often leading the discussions based on their experiences and insights.

Marsh shared her experience with the MSL program, noting how it allowed her to delve deeper into areas of compliance she hadn’t previously explored. For instance, a crisis management class opened her eyes to the compliance aspects of public relations and crisis communication. This broadened perspective is crucial for compliance professionals navigating various challenges.

Both Boehler and Marsh emphasized the importance of community in the compliance profession. Boehler articulated how Fordham fosters community among its students, including lunch-and-learn sessions and networking events. These initiatives help students and alumni stay connected and continue learning from each other.

Marsh’s experience with her cohort, which she affectionately called “Compliance Force Five,” exemplifies the lasting bonds formed through the program. Her connections with her peers have been instrumental in her professional development, providing a support network beyond the classroom.

The compliance landscape constantly evolves, and educational programs must adapt to keep pace. Boehler discussed how Fordham continuously updates its curriculum to reflect the latest developments in the field. This includes adding new courses on emerging topics such as cannabis compliance and market regulation.

Flexibility is also key. Marsh praised Fordham for its responsiveness to student feedback, noting how the program has expanded to include more diverse subject areas based on student interests. This adaptability ensures the program remains relevant and valuable to current and future compliance professionals.

Not everyone can pursue a formal degree program, but there are numerous other ways to enhance one’s knowledge and skills in compliance. Both guests highlighted the wealth of resources available to those interested in the field, from podcasts and webinars to professional organizations and certifications.

The guests advised a thoughtful approach to those considering further education. Understanding one’s career goals and how a specific program aligns with those goals is essential. Boehler emphasized that the MSL program is ideal for those passionate about compliance, but there may be a better fit for someone aiming to become a litigator.

Both Boehler and Marsh’s experiences underscore the multifaceted nature of a career in compliance. There is no right or wrong path. Indeed, there is no One Path. Whether through formal education or ongoing professional development, the path to becoming a successful compliance officer is paved with continuous learning and community engagement.

This discussion offers valuable guidance for compliance professionals on the importance of advanced studies, practical skills, and the supportive community that makes this profession unique. As the compliance field continues to grow and evolve, so must the educational opportunities and professional networks that support it.

By being endlessly curious and staying informed and connected, compliance professionals can not only navigate the complexities of their roles but also contribute to advancing the field.

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Trekking Through Compliance

Trekking Through Compliance – Episode 24 – Compliance Lessons from a 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, with a Star Date of 3417.3.

The Enterprise is ordered to a Federation colony on Omicron Ceti III to evacuate them from some deadly rays. Kalomi offers to show Spock how the colonists have survived and expose him to spores that protect humans from the rays. Kirk returns to the ship while the rest of its crew, under the influence of spore plants brought on board, beams down to the planet.

After exposure to the spores, Kirk prepares to leave, but he is frustrated at his abandonment of the ship. The spores’ effect disappears, and Kirk surmises violent emotions destroy them. Kirk lures Spock back aboard the Enterprise and uses derogatory racial remarks to goad him into attacking. Kirk and Spock induce a similar effect on the planet below by broadcasting an irritating subsonic frequency to the crew’s communicators, provoking fights among the colonists and crew.

As they leave orbit with the colonists aboard, Kirk asks Spock about his experiences on the planet. Spock replies, “I have little to say about it, Captain, except that for the first time in my life … I was happy.”

Commentary

The episode examines organizational complacency, vigilance, resilience against external manipulation, the balance between individual autonomy and organizational interests, and the importance of a principled decision-making framework. Key scenes and characters, such as Spock under the influence of spores and Captain Kirk’s controversial tactics, provide a rich backdrop for these lessons.

Key Highlights

  • Plot Summary of ‘This Side of Paradise’
  • Spock’s Transformation and Kirk’s Struggle
  • Resolution and Aftermath
  • Facts and Behind-the-Scenes
  • Compliance Lessons from ‘This Side of Paradise’

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha

 

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Blog

The DOJ Boeing Conundrum

The Department of Justice (DOJ) is currently in a conundrum over its Deferred Prosecution Agreement (DPA) for the Boeing 737 Max crashes. Understanding the implications of the DOJ’s upcoming decision on whether to prosecute Boeing under the existing criminal law is crucial. This decision carries significant weight and presents a multifaceted challenge for Boeing and the broader corporate compliance and governance landscape.

The criminal justice system’s fundamental purpose encompasses several key aspects: retribution, justice for victims, and the rehabilitation of offenders. While straightforward when applied to individuals, these principles become more complex in the context of corporate entities. For the families of the 346 victims of the 737 Max crashes, justice might mean seeing Boeing held criminally accountable, literally with senior executives or even Board members facing criminal charges. This desire for justice is understandable and necessary for those who have suffered immeasurable loss.

However, the broader societal interest in maintaining a safe and reliable aviation industry adds complexity. Ensuring that Boeing undergoes a cultural shift towards prioritizing safety over profit is crucial to preventing future tragedies. This balance between justice for the families of the crash victims and ongoing public safety is at the heart of the DOJ’s dilemma.

At the core of this issue is Boeing’s corporate culture. The company’s aggressive pursuit of profit and rapid production schedules has led to significant safety oversights. Incidents such as the recent mid-flight door detachment from a Boeing airliner and allegations of using falsified or contaminated titanium underscore ongoing safety concerns. Addressing these issues necessitates a fundamental shift in Boeing’s approach to safety and governance.

Compliance officers face the daunting task of ensuring that DPAs are effectively implemented. Boeing’s situation raises critical questions about the enforcement of DPAs, the criteria for determining violations, and the appropriate remedies when violations occur. The rarity of formal DPA violations adds to the uncertainty and complexity.

The DOJ’s decision on Boeing involves balancing multiple interests: the victims’ families, Boeing’s employees, the air-traveling public, and the broader economic and national economic and national security implications of Boeing’s operations. As the “People’s Law Firm,” the DOJ must navigate these diverse and often conflicting interests to reach a peaceful resolution.

A key consideration is whether financial penalties alone can drive meaningful corporate reform. Historical evidence suggests that financial penalties, while necessary, may not suffice to instill lasting cultural change. More stringent measures, such as operational limits and enhanced monitoring, may be required.

The concept of a monitorship is particularly relevant. A monitor could provide ongoing oversight and guidance, ensuring Boeing meets stringent compliance standards. Transparency in monitoring, including public disclosure of monitor reports, could enhance accountability and public trust.

The Federal Aviation Administration (FAA) also plays a crucial role. However, the FAA’s past performance overseeing Boeing raises questions about its ability to enforce safety standards effectively. Ensuring that the FAA undergoes its cultural transformation and maintains rigorous oversight is essential for any comprehensive solution.

Boeing’s status as a major aircraft manufacturer has significant implications for national security and the economy, which makes its case unique. Compliance professionals in other industries must recognize that the consequences of non-compliance can vary significantly based on a company’s strategic importance. While some companies might face severe penalties or even closure, critical industries like aviation may require more nuanced solutions to balance justice and operational continuity.

Compliance officers should closely monitor the DOJ’s handling of Boeing’s DPA. The potential introduction of CEO and Chief Compliance Officer (CCO) certifications for compliance program effectiveness in future DPAs is a significant development. These certifications could greatly impact how compliance programs are designed and evaluated, making it crucial for compliance officers to stay informed and prepared.

The Boeing case underscores the complexities of enforcing corporate compliance in industries with significant public safety implications. The DOJ’s decision will likely set important precedents for future DPAs and compliance practices. As we await the DOJ’s final decision, it’s clear that achieving justice and ensuring safety requires a multifaceted approach, balancing financial penalties, operational oversight, and cultural transformation.

For compliance professionals, the key takeaway from this case is the importance of robust compliance programs and the necessity of adapting to new regulatory expectations. The introduction of CCO certifications, the potential for increased transparency in monitorships, and the evolving nature of DPA enforcement are all critical factors to consider in developing and maintaining effective compliance strategies. Compliance officers must remain vigilant and adaptable, drawing lessons from high-profile cases like Boeing’s to enhance compliance programs and contribute to a safer and more accountable corporate landscape.

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Daily Compliance News

Daily Compliance News: June 25, 2024 – The Assange Freed Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • Julian Assange pleads guilty and is freed.   (NYT)
  • Microsoft sued the EU for anti-trust violations. (WSJ)
  • The former EIB president is under investigation for corruption.  (FT)
  • Delaware to allow big investors greater sway over corporations. (Reuters)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Innovation in Compliance

Innovation in Compliance: Lisa Levy – Succession Planning and The Evolving Workforce: From Millennials to Gen Z

Innovation comes in many forms, and compliance professionals need to not only be ready for it but also embrace it.

In this episode, Tom Fox visits with Lisa Levy,  a thought leader renowned for her expertise in addressing succession planning challenges. We take a deep dive into this topic on this edition of Innovation in Compliance.

Lisa believes that succession planning in 2024 is more important than ever due to the complexities introduced by having five generations in the workforce, each with diverse expectations and work ethics. Lisa advocates for embedding succession planning into company culture as a strategic, intentional exercise that involves understanding employees’ skills, aspirations, and institutional knowledge to nurture and grow talent internally. She champions the use of technology, such as AI tools, to personalize growth plans and emphasizes the need for continuous evaluation, transparency, and communication to implement a successful succession planning framework, ensuring organizational resilience and smooth leadership transitions.

We discuss how the younger generations, including millennials and Gen Z, have shifted the employment paradigm by seeking roles that align with their values. Lisa reflects on their own journey of becoming ‘wholly unemployable’ over 15 years and highlights how Gen Z entered the workforce during the pandemic, taking on gigs like Uber and DoorDash as traditional roles were shut down. This generational shift shows a move towards prioritizing personal fulfillment over conventional job security.

Key Highlights:

  • Lisa Levy on her Unemployable Journey
  • Millennials and Value-Driven Careers
  • The Paradigm Shift in Employment
  • Gen Z’s Workforce Entry During the Pandemic

Resources:

Lisa Levy on  LinkedIn 

The Preferred Disruption and Innovation Catalyst

Tom Fox

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Compliance Tip of the Day

Compliance Tip of the Day: Strategic Considerations for Implementing AI in Compliance

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In today’s episode, we consider some of the strategic considerations for implementing AI in  your compliance program.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.