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The ROI of a Culture of Speak Up

We are now at a place where sufficient data, academic research, and actual use cases from corporations and businesses demonstrate that good ethics and compliance programs are not simply good for business, but when properly used, they lead to greater profitability.

For 15 years, Ethisphere has been collecting data around its World’s Most Ethical Company awards. Companies that receive this designation have been found to outperform their peers on various stock indices. Ethisphere calls this the “Ethics Premium.” Ethisphere Executive Vice President (EVP) Erica Salmon Byrne has noted, “In tracking how the stock prices of publicly traded honorees compare to the U.S. Large Cap Index, we found that listed World’s Most Ethical Companies outperformed the large cap sector.” In 2010, that number was a delta of 4.5%. Yet by 2020, that number had skyrocketed to 13.5%. Ethisphere has been on to something.

Academic research has also shown the efficacy of ethics and compliance programs. George Serafeim and Paul M. Healy demonstrated in their paper, An Analysis of Firm’s Self-Reported Anti-Corruption Efforts that companies with robust compliance programs do better financially in countries prone to corruption than companies with less effective compliance programs. Without a robust compliance program, even with high sales in a high-risk country, the sales will drop, leading to a negative Return on Equity (ROE) of between 24% and 30%.

Dr. Kyle Welch, Assistant Professor at George Washington University (GWU), in his paper, co-authored with Stephen Stubben, Associate Professor from The University of Utah, entitled “Evidence on the Use and Efficacy of Internal Whistleblowing Systems” (Report). In this paper, Welch and Stubben reviewed some 15 years of anonymized data from NAVEX Global, Inc. This data was from the company’s hotline reporting systems. Some of the key findings included that companies with a robust whistleblower and reporting system had greater profitability and workforce productivity as measured by Return on Assets (ROA), there were fewer material lawsuits brought against the company overall, and there were lower settlement costs if a lawsuit did occur. Finally, there were fewer external whistleblower reports to regulatory agencies and other authorities.

All of this leads to the key finding of reducing material litigation costs, and remember, this is not simply civil litigation but all reportable proceedings against a company, including regulatory enforcement actions, criminal sanctions sought by the Department of Justice (DOJ), and all other court proceedings. A material proceeding would have to be 5% of a company’s gross margin so the amount would be pretty high. Companies with robust whistleblower reporting systems also had 4% fewer pending lawsuits the year after increased hotline activity, improving to 6.9% fewer material lawsuits over the next three years. Additionally, overall litigation settlements of non-material matters dropped almost 20% over three years.

But the story does not end with data, numbers, or academic research. The corporate world is full of tales where a compliance solution was delivered, which made compliance more effective and improved business process efficiency and greater profitability. Data and information collected, which initially began as a compliance solution or project, can be used to improve business process efficiency. Delivering a compliance solution can enhance an overall business process. When you consider the compliance data points in every organization, from the Quote To Cash (QTC) sales cycle to the procure-to-pay (P2P) procurement cycle, you see how compliance can improve business efficiency and lead to greater profitability.

The bottom line is that creating a culture of trust that generates loyalty and passion generates productivity. Your employees are engaged and want to give their all. This means they seek opportunities to prove themselves by doing their best. Suppose you have a robust culture of speaking up, as discussed in this blog post. In that case, you will have motivated employees who can communicate business efficiency upgrades and new ideas for greater profitability.

Trust is a vital component of creating a productive and passionate company culture. Disrespect can damage trust and lead to a breakdown in employer-employee relationships. When employees feel trusted, they are empowered and motivated to give their best. This generates loyalty, passion, and productivity, creating a company culture that thrives and excels. Trust is morally right and financially smart, as it reduces worker disengagement and turnover costs. Having a robust ethos of speaking up in your organization will only drive better overall corporate culture.

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Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Tom Fox on the ROI of a Speak Up Culture

Welcome to a special five-part podcast series on enhancing corporate culture through a great speak-up regime. This podcast series is sponsored by Case IQ. Over this series, Tom Fox will visit with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. They will tackle such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. In this concluding Part 5, Tom Fox discusses the ROI of a true culture of speaking up.

Strong reporting systems and a robust corporate culture must be balanced in business efficiency. One great academic paper demonstrates how companies with robust whistleblower and reporting systems enjoy greater profitability, increased workforce productivity, and fewer material lawsuits. Tom has seen firsthand the transformative power of a culture of speaking up. He emphasizes that it’s about having a hotline and an entire system with employee engagement. This culture of ‘SpeakUp’ can provide actionable information to prevent, detect, and remediate issues before they become legal violations and can contribute to a functioning and ethical corporate culture. A culture of trust and empowerment ultimately leads to motivated employees who can contribute to business efficiency and greater profitability. Join Tom Fox on this Breaking the Silence: How Speaking Up Enhances Corporate Culture podcast episode to delve deeper into this fascinating topic.

Key Highlights:

  • Academic research
  • Q2C and P2P
  • Material differences

Resources:

Case IQ

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 14 – Ethics & Compliance for Humans Edition

What happens when two top compliance commentators get together? They talk compliance of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode! In this episode, Tom and Kristy take on a wide variety of topics including a visit of Florida Woman.

In the ever-evolving world of business, the challenges of compliance, risk management, and corporate governance are becoming increasingly complex. In this episode of Two Gurus Talk Compliance podcast, hosts Tom Fox and Kristy Grant-Hart delve into these complexities, drawing from their extensive experience in the field. Tom highlights the importance of diverse approaches and perspectives in compliance, praising Adam Balfour’s book, “Ethics and Compliance for Humans,” for its focus on human thought and emotion rather than legal themes. Kristy focused on the need for a shared understanding of terminology in compliance, risk management, and corporate governance, also recommending Balfour’s book for its relatable tone and comprehensive coverage of key topics. Join Tom Fox and Kristy Grant-Hart as they continue to explore these challenges in the next episode of the 2 Gurus Talk Compliance podcast.

 Highlights Include

  1. Sen. Menendez defiant.  (ABC News)
  2. De-risking in China. (FT)
  3. Deutsch Bank fined for greenwashing. (WSJ)
  4. De-risking and China (FCPA Blog)
  5. FIFA bribery conviction tossed. (Compliance and Enforcement)
  6. FTC Names Three Amazon Executives in Suit Over Prime
  7. SEC Fines Real Estate Firm CBRE Over Violations of Whistleblower Protections (WSJ)
  8. Ex-FTX GC Launches Law Firm, Says His ‘Hugely Disappointing Experience’ Will Be Asset for Clients (Law.com)
  9. Adam Balfour’s New Book: Ethics & Compliance for Humans
  10. Florida Woman “Borrows” Alligator and Keeps it in Hotel Bathroom (7News)

 Resources 

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Diabetes: The Metabolic Bully

Diabetes: The Metabolic Bully – Episode 3 – The Role of Diet Diversity in Managing Diabetes

Welcome to “Diabetes: The Metabolic Bully,” where we delve deep into the world of one of the most prevalent chronic conditions that lurks in our society. Diabetes doesn’t just knock on our doors; it bullies its way into our lives, altering our metabolism and dictating our daily routines. In each episode, we aim to unpack the science and myths surrounding diabetes. From understanding how our bodies succumb to this metabolic bully, to the latest research and treatments, our podcast aims to provide listeners with comprehensive insights.

In this episode of “Diabetes the Metabolic Bully,” host Tom Fox hosts Dr. Byron Black, an advocate for the evolution of diabetes treatments and the importance of physical activity. He puts a particular emphasis on the role of diet and exercise. He firmly believes that diabetes can be effectively managed through a healthy diet and regular exercise, rather than adhering to a specific “diabetic diet”. Drawing from his deep understanding of insulin cascade and lipotoxicity, Dr. Black advises on the importance of portion control, variety in food choices, and the inclusion of healthy fats in the diet. He also underscores the significance of regular aerobic and strength training exercises to reverse lipotoxicity and improve insulin sensitivity. Join Tom Fox and Dr. Byron Black as they delve deeper into this topic on the upcoming episode of the Diabetes: The Metabolic Bully podcast. 

Key Highlights

·      The Role of Diet Diversity in Managing Diabetes

·      Glucose Utilization and the Insulin Cascade

·      Reversing Lipotoxicity through Lifestyle Changes

 Resources

Medical Fitness Clinic of Kerrville

Categories
Blog

Improving Your Compliance Program Through a Culture of Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. We tackled such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and will conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and more profitably. This blog post series will expand on these topics. In Part 4, we will consider how to improve your overall compliance program through a robust culture of speaking up with Meric Bloch.

Meric Bloch is passionate about investigations. Meric created the Winter Method® for conducting workplace investigations, a methodology emphasizing root-cause analysis and business-related guidance. The Winter Method is a framework for investigators to consider the business risks created when misconduct arises. He designed, implemented, and managed workplace-investigations processes globally for three multinational companies and a healthcare system. He has trained thousands of HR, internal audit, legal, and compliance professionals to conduct investigations.

Meric has conducted over 800 internal fraud and serious workplace misconduct investigations globally. He has extensive professional experience counseling business executives on the legal and business issues arising from investigations. He is on the faculty of the Society of Corporate Investigations and Ethics’ Investigations and Ethics Academy, as well as a member of its Board of Directors. Finally, Meric is a Certified Fraud Examiner, a Certified Financial Crime Specialist, a Certified Information Privacy Professional – Europe, a Professional Certified Investigator, and a Certified Compliance and Ethics Professional-Fellow.

Workplace investigations are crucial in maintaining a culture of compliance within organizations. Meric, who specializes in training investigators and improving investigation processes, emphasized the need for organizations to create a culture where employees feel comfortable reporting issues and understand their role. He highlighted the challenge of integrating a culture of speaking up within organizations, stating that it goes beyond just setting up a hotline and establishing policies. Instead, organizations need to understand who is speaking up and why.

One of the key points raised by Meric is the importance of making speaking up meaningful and credible. He pointed out that companies often must communicate what should be reported, leading to employee clarity. To address this, organizations need to go beyond generic statements and provide specific guidance on what constitutes a reportable issue. By doing so, employees will better understand their role and the importance of their contribution to maintaining compliance.

Another challenge highlighted by Meric is the need for follow-up interviews and reporter education. He stressed the need for organizations to engage with reporters and gather additional information to understand better the context and potential gaps in the initial report. This not only helps in conducting thorough investigations but also ensures that reporters feel valued and supported throughout the process.

Meric also discussed the importance of addressing friction points within organizations. He mentioned that employees often hesitate to speak up due to concerns about the involvement of headquarters or fear of retaliation. Organizations must actively address these concerns and create an environment where employees feel safe and supported when reporting issues.

Organizations must move beyond passive measures such as hotlines and policies to create a culture of speaking up. They must actively engage with employees, educate them about their role in the process, and provide clear guidance on what should be reported. By doing so, organizations can foster a culture of compliance where employees feel empowered to speak up and contribute to maintaining ethical standards.

The podcast episode highlighted the importance of workplace investigations and employee compliance culture. It emphasized the need for organizations to go beyond superficial measures and actively engage with employees to create a meaningful and credible reporting system. Organizations can build a culture that values integrity and ethical behavior by addressing the challenges associated with speaking up and maintaining compliance.

Join us tomorrow to discuss how a robust culture of speaking up will make your organization run better and have greater profitability.

Listen to Meric Bloch on Innovation in Compliance here.

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The Night Sky

The Night Sky – Dr. Kim Arvidsson’s Journey in Astronomy

Welcome to The Night Sky: A Podcast on the Eclipses Comes to Kerrville, a podcast that celebrates that for two days over the next 15 months, Kerrville, TX, will be the Eclipse Capitol of the World. This podcast, hosted by Andrew Gay and Tom Fox, will celebrate these two eclipses and discuss how the town of Kerrville will prepare for an influx of a quarter million (or more) visitors. The Texas Hill Country Podcast Network produces this podcast.

Join hosts Tom Fox and Andrew Gay on the latest episode of “The Night Sky” as they interview Kim Arvidsson, an associate professor of astronomy and physics at Schreiner University, who has a rich background in astrophysics, having studied at Lund University in Sweden and Iowa State University, and later working as a postdoc at the Adler Planetarium in Chicago. Arvidsson’s passion for astronomy was ignited during his childhood when he witnessed the return of Haley’s Comet and learned about Voyager Two’s exploration of Uranus and Neptune. This fascination with the predictability of astronomical events led him to a career in astronomy, where he now focuses on observational studies of star-forming regions. As an educator, he takes great pleasure in witnessing his students’ “light bulb” moments as they grasp and articulate complex concepts. Join Tom Fox and Andrew Gay as they delve into Dr. Kim Arvidsson’s career and contributions to astronomy education on this episode of The Night Sky podcast.

Key Highlights:

·      Dr. Kim Arvidsson’s Journey in Astronomy

·      Dr. Arvidsson’s fascination with celestial events

·      Astronomical Luck: Upcoming Dual Eclipses

·      Eclipse prediction through ancient observations

·      Exploring the Cosmos: Beyond Gazing at Stars

Resources

Kim Arvidsson

Andrew Gay on LinkedIn

Tom Fox on LinkedIn

Categories
Daily Compliance News

Daily Compliance News: September 28, 2023 – The Cognizant Trial Delay Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

·       Prosecution seeks delay in Cognizant execs trial.   (Law360)

·       Indonesia vows to sue UK over Airbus settlement.  (FT)

·       McKinsey to pay another $230MM for opioid settlement. (FT)

·       US warns advisory services in China. (WSJ)

Categories
Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Meric Bloch on How a Speak Up Culture Improves Compliance

Welcome to a special five-part podcast series on enhancing corporate culture through a great speak-up regime. This podcast series is sponsored by Case IQ. Over this series, Tom Fox will visit with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. They will tackle such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. In Part 4, Tom Fox visits Meric Bloch on how a robust speak-up culture will improve your compliance program.

Meric Bloch is an expert in workplace investigations with a rich background in helping corporate clients establish effective investigation programs. He is currently serving as an adjunct professor at Fordham University Law School. Meric strongly emphasizes the importance of workplace investigations and fostering a culture of employee compliance. He believes that merely setting up a hotline and establishing policies is insufficient; companies must actively engage with employees to understand their motivations for speaking up or remaining silent. Meric also underscores the need for accountability and a critical evaluation of the effectiveness of compliance programs. His experiences with multinational companies have shaped his understanding of their challenges, particularly the fear of being perceived as incompetent and the difficulties in reporting. Join Tom Fox and Meric Bloch on this episode as they dive deep into improving your compliance program through a speak-up culture.

Key Highlights:

  • Enhancing Corporate Investigations for Compliance and Accountability
  • The Impact of Cooperation on Reporters
  • The Impact of Meaningful Speak Up Culture

Resources:

Meric Bloch on LinkedIn

Winter Investigations

Case IQ

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31 Days to More Effective Compliance Programs

One Month to More Effective Written Standards: Day 18 – Policies on Extortion Payments

The next area for policies is extortion payments, which not are made illegal under the FCPA. Extortion payments are made for any action which threatens or demands payment for life, liberty, or health. These should be exempted out from your facilitation payments and your compliance program through specific language. You need to do this for a variety of reasons. First and foremost, your employees must understand that the company will support them if they are in any way threatened with harm, with arrest or physical detention, their health/safety is threatened. As a compliance professional, you need to make sure they understand they need to do whatever they have to do to get themselves out of such a situation.
 Some of the situations your employees might face are along the lines of the following:

  • Employees are stopped by police, military or paramilitary personnel, or militia (uniformed or not) at designated or other checkpoints or other places and a payment is demanded as a condition of passage of persons or property;
  • Employees are stopped at the airport by customs or passport control personnel or military personnel and a payment is demanded for entry or exit of persons or property; or
  • Employees are asked by persons claiming to be security personnel, immigration control, or health inspectors to pay for an allegedly required inoculation or other similar procedure.

The key though is that it be properly documented. But more than simply the documentation is that you must specifically list extortion payments in your books and records, so you will not be suspected with hiding them by describing them as something else. The key is to train your employees specifically on the actions to take. In your policy, state that if there is a threat to health, safety or liberty, it is not a facilitation payment but an extortion payment. Make sure that they understand what their rights are and what their obligations are to report it when they come back to the corporate office or their office. Always remember, an extortion payment is not a FCPA violation.

Three key takeaways:

  1. Extortion payments are not illegal under the FCPA.
  2. Was the action an extortion or some other type of situation?
  3. “Document, Document, and Document” your extortion payments, both the financial component and a description of the underlying events.

For more information, check out The Compliance Handbook, 4th edition, here.

Categories
Daily Compliance News

Daily Compliance News: September 27, 2023 – The Trump Guilty of Fraud Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

  • Trump found guilty of fraud.  (NYT)
  • FTC going after PE for serial acquisitions. (FT)
  • FCA to crack down on firms bullying their employees. (WSJ)
  • Binance melting away. (WSJ)