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Daily Compliance News

Daily Compliance News: December 6, 2023 – The Trump Corruption Playbook 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 in 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.

Stories we are following in today’s edition:

  • Leadership lessons from Sam Altman. (Bloomberg)
  • Trump has a playbook for 2nd term corruption. (The Atlantic)
  • NDAs get trickier. (WSJ)
  • Tesla whistleblower says cars are not safe. (BBC)

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Data Analytics: Day 4 – AI Driven Risk Management and Fraud Prevention

Through leveraging AI-driven solutions, companies can collect and analyze survey data to identify patterns and trends that may indicate potential risks. This empowers organizations to take proactive measures to mitigate these risks and foster a culture of trust and transparency.

Another area of significance is mapping risks to controls. This allows a compliance professional or risk manager to know where risks are occurring within an organization and then map them to corresponding controls. This permits compliance functions to assess the effectiveness of their controls and identify areas that require improvement. By leveraging AI-driven solutions, organizations can gain a comprehensive understanding of their risk landscape and make data-driven decisions to strengthen their control environment.

AI-driven solutions have the potential to revolutionize risk assessment and fraud prevention. By leveraging these solutions, companies can enhance their compliance efforts, improve efficiency, and make data-driven decisions. However, it is crucial to balance automation with human expertise and address challenges related to data availability and quality. Ultimately, the successful implementation of AI-driven solutions requires a holistic approach that considers the impact on employees, fosters a culture of trust and transparency, and aligns with the organization’s risk management objectives.

Three key takeaways:

  1. Data visibility allows organizations to effectively manage their compliance efforts and make data-driven decisions.
  2. By leveraging AI-driven solutions, compliance functions can generate dashboards and analytics that provide real-time insights into their risk landscape.
  3. This not only improves efficiency but also enables auditors to focus on understanding the data and identifying potential risks.

For more information on this month’s sponsor check out KonaAI.com.

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Blog

Argentieri on the Use of Data Analytics

Last week, Nicole Argentieri, acting assistant attorney general for the Criminal Division, speaking at the ACI National FCPA reported that the Department of Justice (DOJ) is stepping up its own use of data analytics to identify instances of corporate misconduct, and will boost its cooperation with overseas law enforcement to bring more anti-corruption cases as well. The DOJ and the Securities and Exchange Commission (SEC) are increasingly focusing on data analytics for corporate compliance, signaling higher expectations for larger companies. Both agencies have successfully utilized data analytics in various areas, such as securities and healthcare fraud, and are actively improving their own capabilities in this field.

The DOJ has been using data analytics to uncover cases of corporate misconduct, including violations of the Foreign Corrupt Practices Act (FCPA). Acting Assistant Attorney General Nicole Argentieri, highlighted the department’s efforts to improve its data analytics game and its use of analytics to find cases of corporate misconduct. She stated, “I’d like to now turn to our use of data. In the Criminal Division, we too are going above and beyond in our effort to combat white collar crime. We are not just waiting for companies to self-report, or witnesses to come forward, or for anomalies to reveal themselves on a one-off basis. Let me be the first to tell you that we have proactively used data to generate FCPA cases, and we’ve only just gotten started.” While the DOJ has successfully prosecuted individuals for FCPA violations using data analytics, there is yet to be a high-profile corporate FCPA violation case that has arisen from the department’s own data analytics.

On the other hand, the SEC has a dedicated data analytics team called the EPS team, which has uncovered cases of accounting fraud and insider trading. The SEC’s data-rich environment and lower burden of proof on the civil side have allowed them to successfully prosecute cases using data analytics. This demonstrates that regulators can effectively utilize data analytics to identify corporate misconduct.

The increasing focus on data analytics by the DOJ and SEC has implications for companies. The better a company is at data analytics, the more pressure it may face for voluntary self-disclosure of misconduct. Good data analytics can bring risks or incidents of misconduct to light, and once they are discovered, companies cannot ignore them. The 2023 Evaluation Of Corporate Compliance Programs (2023 ECCP) instructs prosecutors to inquire about a company’s use of data analytics in identifying misconduct. This puts pressure on companies to proactively address and disclose any misconduct they uncover through data analytics.

This also means that data analytics in the compliance function has moved from cutting edge to best practice. It soon may mean simply table stakes for compliance. In the 2020 ECCP, the DOJ mandated the compliance function have access to all corporate data and be able to break through data siloes in their organizations. Any company which does not have a data analytics capability may be in for a long road to hoe if the DOJ or SEC comes knocking.

However, not all companies have sophisticated data analytics programs in place. The DOJ recognizes that smaller firms may not have the same level of resources and expects a certain level of sophistication tailored to a company’s size. Larger companies, especially Fortune 500 companies, are expected to have more sophisticated data analytics capabilities, including business intelligence units and advanced technology. The expectations for more sophisticated analytics are higher for these companies.

The Bank of America CFPB enforcement action case serves as a reminder of the importance of data analytics in corporate compliance. Bank of America had the necessary data and tools to build an analytics program, but they failed to effectively utilize it, leading to compliance issues. This case highlights the need for companies to not only have data analytics capabilities but also to ensure they are properly implemented and maintained. (Matt Kelly took a deep dive into the BoA enforcement action in this week’s edition of Compliance into the Weeds.)

While data analytics can be a powerful tool for corporate compliance, there are challenges associated with its use. Companies must navigate the tradeoffs involved in balancing different factors, such as the level of sophistication required, resource allocation, and the potential risks of self-disclosure. Additionally, companies must consider the potential criticism they may face if they fail to effectively utilize their analytics tools in the event of a major compliance violation.

Argentieri’s speech highlighted the DOJ’s (and SEC’s) increasing focus on data analytics for corporate compliance highlights the importance of this tool in identifying and addressing corporate misconduct. Companies, especially larger ones, are expected to enhance their data analytics capabilities and may face increased pressure for voluntary self-disclosure. However, companies must also navigate the challenges and tradeoffs associated with data analytics to ensure effective compliance and mitigate risks.

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Daily Compliance News

Daily Compliance News: December 5, 2023 – The Money – Laundering in Singapore 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 in 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.

Stories we are following in today’s edition:

  • Massive money-laundering case in Singapore (Bloomberg)
  • What employers expect employees to know about OpenAI. (BBC)
  • DeSantis claims Disney BOD had a COI. (Reuters)
  • The top Chinese anti-corruption cop will watch for extravagant spending. (South China Morning Post)
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Everything Compliance - Shout Outs and Rants

Everything Compliance – Episode 126, Shout Outs and Rants – Corporate Governance Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have the quartet of, Jonathan Armstrong, Matt Kelly, Karen Woody, and guest Kristy Grant-Hart; all hosted by Tom Fox, joining us on this episode of our fan-fav Shout Outs and Rants section.

1. Matt Kelly shouts out to Congress for doing something right in its expulsion of George Santos.

2. Karen Woody shouts out to Sandra Day O’Connor, the first female Justice of the US Supreme Court.

3. Tom Fox shouts out to John Reed Stark for being the first voice that crypt was a fraud and cryptocurrency exchanges were being used for criminal activity.

4. Jonathan Armstrong shouts out to the rescue workers who saved victims of the Boscastle Flood.

5. Guest Kristy Grant-Hart shouts out to Congress to require an investigation of the FDIC after the WSJ broke the story of widespread sexual harassment at the agency.

6. Jonathan Marks shouts out to Charlie Jeffers and his Lego initiative, Pass the Bricks

The members of the Everything Compliance are:

•       Jay Rosen– Jay is Vice President of Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks can be reached at jtmarks@gmail.com.

•       Special Guest Kristy Grant-Hart is the founder of Spark Consulting.

The host and producer, ranter (and sometimes panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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Innovation in Compliance

Innovation in Compliance – Ann Gynn on Building an Audience: The Content Entrepreneur

Innovation comes in many areas and compliance professionals need to not only be ready for it but embrace it. One of those areas is telehealth and telemedicine. My guest in this episode is Ann Gynn, a content creator specialist.

Ann Gynn is a seasoned content entrepreneur with a rich journalism, marketing, and public relations background, currently serving as the editor at The Tilt and the Creator Content Entrepreneur Expo (CEX). Gynn’s perspective on “content entrepreneurship: balancing creation and business operations” is rooted in her belief that content entrepreneurs can build their audience and run their own media companies, independent of traditional mainstream media outlets.

She emphasizes the importance of creating content and focusing on the business side of entrepreneurship, such as marketing, growing an audience, and monetizing the content. Gynn believes that many content creators make the mistake of spending too much time on content creation and not enough on marketing and business operations, and she offers resources and services through The Tilt to help them navigate and succeed in this aspect. Join Tom Fox and Ann Gynn on this episode of the Innovation in Compliance podcast to delve deeper into this topic.

Key Highlights

  • Building an Audience: The Content Entrepreneur
  • Maximizing Success Through Business Savvy
  • Neglecting Business Side: Key Content Entrepreneurship Mistakes
  • The Knowledge-Based Content Entrepreneur Expo (CEX) 

Resources:

Ann Gynn on LinkedIn

G Force Communications

The Tilt

Content Entrepreneur’s Expo

 

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Data Driven Compliance

Data Driven Compliance: Marta Cadavid – Fighting Fraud with AI

Are you struggling to keep up with the ever-changing compliance programs in your business? Look no further than the award-winning Data Driven Compliance podcast, hosted by Tom Fox, is a podcast features an in-depth conversation around the uses of data and data analytics in compliance programs. Data-Driven Compliance is back with another exciting episode. Today, I visit with Marta Cadavid, co-founder of NoFraud Latam who talks about using data-driven compliance to fight fraud.

Marta Cadavid, a Colombian accountant and co-founder and CEO of NoFraud Latam, is a passionate advocate for fraud prevention and detection. Marta’s perspective on “AI-based fraud prevention software developed by Northrop La Tam CEO” is shaped by her belief that fraud is a significant issue causing financial losses for companies and that current detection methods are slow and ineffective.

Mart and her team have developed Fraud Explorer, a software that uses artificial intelligence to detect fraud in real-time, significantly reducing the typical 12-month detection period. Marta emphasizes the importance of a diverse team in developing effective strategies to mitigate risks related to fraud and other misbehaviors in companies. Join Tom Fox and Marta Cadavid on this episode of the Data-Driven Compliance podcast to learn more about her innovative approach to fraud prevention.

Highlights Include:

  • Transforming Compliance Through Data Analytics
  • Effective Strategies in Compliance and Risk Management
  • The Role of Data Analytics in M&A Compliance
  • Leveraging diverse data sources for risk assessment
  • Managing Risks: Vendors, Customers, and Employees
  • Strengthening Compliance Programs Through Team Collaboration
  • The Power of Generative AI in Compliance
  • Enhancing Compliance Programs with Predictive Models
  • Factors Influencing Budget Approvals and Getting Budget

 Resources:

NoFraud Latam

Marta Cadavid on LinkedIn

 Tom Fox 

Connect with me on the following sites:

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Data Analytics: Day 3 – Building An Effective Data Analytics Program

Chief Compliance Officers (CCOs) are increasingly turning to data analytics programs to enhance their compliance efforts. These programs leverage the power of data to identify risks, monitor activities, and detect potential compliance violations. There are several key factors that impact the success of building out data analytics programs. One crucial aspect is the need to define the risks that organizations want to monitor. By identifying the specific risks, compliance officers can focus their data analytics efforts on gathering relevant data and analyzing it to gain insights into potential compliance issues. This process involves thinking innovatively and finding creative ways to capture data that may not be immediately obvious.

Building effective data analytics programs for compliance enhancement requires careful consideration of various factors. Compliance officers must define the risks they want to monitor, identify valuable data sources, and think innovatively to capture relevant data. Leveraging internal expertise and fostering collaboration between different departments is essential for successful implementation. By starting small and gradually expanding their capabilities, organizations can demonstrate their commitment to using data analytics and gain compliance expertise. Ultimately, these programs enable companies to enhance their compliance effectiveness and mitigate risks effectively.

 Three key takeaways:

1. There are multiple factors in the design, creation, and implementation of a data-driven compliance program.

2. A data-driven approach will allow a shift of the focus from individual policy violations to identifying systemic issues.

3. Compliance officers should focus on how to begin and gradually build their capabilities.

Check out the month’s sponsor, KonaAI here.

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Principled Podcast

Principled Podcast – S10E13: Are Ethics and Compliance Programs Too US-Centric?

What you’ll learn on this podcast episode

There is a lingering misconception that ethics and compliance programs are too US-centric, when in fact they are largely global in nature. What trends and best practices have emerged to underscore the growing reach of E&C? In an episode of the Corruption, Crime, and Compliance podcast, host Michael Volkov dives into the topic of program effectiveness with Susan Divers, director of thought leadership and best practices at LRN. Listen in as the two unpack the latest findings and best practices from the Global Standards Edition of LRN’s Ethics & Compliance Program Effectiveness Report. 

Download the LRN E&C Program Effectiveness Report – Global Standards Edition.

Guest: Susan Divers

Susan_Divers_Principled_Podcast

Susan Divers is a senior advisor with LRN Corporation. In that capacity, Ms. Divers brings her 30+ years’ accomplishments and experience in the ethics and compliance area to LRN partners and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance and substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Mrs. Divers’ background includes more than thirty years’ experience practicing law in these areas. Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington D.C. and of the National Law Center of George Washington University. In 2011, 2012, 2013 and 2014 Ethisphere Magazine listed her as one the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005-2008.

She resides in Northern Virginia and is a frequent speaker, writer and commentator on ethics and compliance topics. Mrs. Divers’ most recent publication is “Balancing Best Practices and Reality in Compliance,” published by Compliance Week in February 2015. In her spare time, she mentors veteran and university students and enjoys outdoor activities.

 

Host: Michael Volkov

Michael Volkov – Grayscale

Michael Volkov specializes in ethics and compliance, white collar defense, government investigations, and internal investigations. Michael devotes a significant portion of his practice to anti-corruption, sanctions, trade, antitrust, and AML compliance and defense. He regularly assists clients on FCPA, UK Bribery Act, AML, OFAC, Export-Import, Securities Fraud, and other issues.

Michael has extensive trial experience and has developed a problem-solving approach to serve client needs. He has extensive contacts in the federal government and on Capitol Hill. Given his broad government experience, he represents clients in federal and state court, before the Justice Department and other federal agencies, and on Capitol Hill. 

Prior to launching his own law firm, Mr. Volkov was a partner at LeClairRyan (2012-2013); Mayer Brown (2010-2012), Dickinson Wright (2008-2010); Deputy Assistant Attorney General in the Department of Justice (2008); Chief Counsel, Subcommittee on Crime, Terrorism and Homeland Security, House Judiciary Committee (2005-2008); and Counsel, Senate Judiciary Committee (2003-2005); Assistant US Attorney, United States Attorney’s Office for the District of Columbia (1989-2005); and a Trial Attorney, Antitrust Division, United States Department of Justice (1985-1989).

Mr. Volkov resides in Washington, D.C., San Diego, California, and Marsala, Italy, with his wife and six children. He and his wife enjoy traveling, the arts, and philanthropic activities. Mr. Volkov is an avid tennis player. 

 

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Blog

Assessing and Improving Corporate Culture Through the Culture Audit™

I am hugely pleased to announce a dynamic new tool for compliance professionals, the Culture Audit™ which is a software tool designed to help companies evaluate their corporate culture and identify areas for improvement. Developed by Sam Silverstein, founder of the Accountability Institute, the Culture Audit™ allows a compliance professional or any business to assess their corporate culture quickly and efficiently as mandated by the Department of Justice (DOJ). (Full disclosure-I do work for and with Sam Silverstein and the Accountability Institute.)

Beginning with the speech by Deputy Attorney General Lisa Monaco in October 2021, the recognized the need for companies to assess, manage, monitor and improve their corporate culture. This was memorialized in the 2023 update to the Evaluation of Corporate Compliance Programs (ECCP), announced in January 2023. In the ECCP, the DOJ asks these following questions how often and how does a company measure a culture of compliance? What are your hiring and incentive structures around compliance? What steps have you taken in response to your measurements of compliance?

All these questions posed by the DOJ lead to the requirement that every company needs to assess their culture, because the DOJ is going to do in any enforcement action or review. However, it can be done using the same compliance processes currently in place, as culture is just like any other risk. As a risk, it can be assessed. This is why the Culture Audit™ is such a game-changer in compliance as it provides you a software tool to perform that initial risk assessment. When you have assessed a risk, then you can start to put together a risk management strategy in place. With your culture strategy in place, you can train your employees on it and then monitor their performance, determining the results. From there you can improve your culture strategy as needed. But it all starts with a culture assessment, and that’s what the Culture Audit™ allows you to do.

The Culture Audit™ can be set to 20 languages, which makes this the best possible tool, not just for international companies, with offices around the world, but also those in places like in South Dakota, where there might be a production facility and there could actually be three or four languages spoken on the production floor. This allows all employees in an organization the opportunity to communicate, to provide the vital feedback, and makes this a very powerful tool.

The Culture Audit™ is simple for all employees to use as a link is provided used throughout the organization. Moreover, it is an anonymous survey. The Culture Audit™ does collect any specific Personal Identifiable Information (PII). The Culture Audit™ does not know who is responding, and there is no ability to track back to individual employees. This provides an environment where employees are free to share what they really think about the organization, what they really feel about what’s happening inside in their workplace culture.

The Culture Audit™ measures various aspects of a company’s culture, including compliance practices, hiring processes, and employee engagement. It generates a comprehensive report that highlights gaps and provides actionable steps for improvement. The tool is particularly beneficial for global organizations as it supports international language communication.

One key feature of the Culture Audit™ is its emphasis on auditability and transparency. In the event of a regulator’s inquiry, the Culture Audit™ provides a detailed report that can be shared to demonstrate the company’s commitment to assessing and improving its culture. The questions and the results are fully auditable. The raw data collected during the audit is also retained for future reference, allowing organizations to track their progress over time.

One of the key benefits of the Culture Audit™ is its ability to identify areas for improvement and provide actionable insights. The Culture Audit™ report includes an action plan that guides organizations on specific areas to focus on and steps to take for improvement. Silverstein emphasized that all companies should be either improving because they are underperforming or reinforcing what they are already good at. By continuously reinforcing positive aspects of their culture, organizations can prevent a decline over time.

The Culture Audit™ can also be a valuable tool for companies considering acquisitions. By using the tool to assess the culture of a potential target, companies can gain insights into the target’s values, ethics, and decision-making processes. This information can help inform the decision-making process and identify potential risks or areas of alignment.

The Culture Audit™ is a true game-changer in compliance as it provides organizations with a powerful tool to assess and improve their corporate culture. By measuring various aspects of culture, providing actionable insights, and emphasizing auditability and transparency, the Culture Audit™ helps organizations create a positive and productive workplace environment. With the increasing focus on corporate culture by regulators, the Culture Audit™ can also help companies demonstrate their commitment to ethical behavior and compliance. By utilizing this tool, organizations can drive better leadership, improve employee engagement, and ultimately enhance their bottom line.

Resources

Culture Audit

Set up a call to discuss the Culture Audit, click here