In today’s edition of Daily Compliance News:
- Goldman Sachs to paying $1.26 bn in fine. (Malay Mail)
- Former Bombardier exec charged with bribery. (Toronto Star)
- New white-collar cop on EU beat. (WSJ)
- Duhnke even more corrupt than we knew. (Bloomberg)
Getting a Head Start on the SEC Derivatives Rule 18f-4
In this episode, CSS’s Director of Registered Investment Company Services Allison Fraser sits down with Partner at Morgan Lewis, Laura Flores to discuss the SEC regulatory framework for derivatives use with the new 18f-4 Rule. Even though compliance plans do not have to be fully implemented until August 2022, fund managers need to start preparing now for a compliant derivatives risk management program, calculating daily value-at-risk (VaR) measurements and performing stress tests.
About Our Guest Speakers:
Allison Fraser provides compliance consulting services to investment advisers, registered investment companies and private investment funds, including conducting annual compliance program reviews and testing, developing risk assessments and preparing for SEC examinations. She also assists clients with drafting policies and procedures and preparing regulatory filings. On behalf of, the Compliance Services division of CSS, Allison served as the Chief Compliance Officer for a family of alternative funds registered under the Investment Company Act of 1940. Prior to joining CSS, Allison served as a Senior Vice President of Compliance at Northern Trust Investments, Inc. (“NTI”), the asset management subsidiary of The Northern Trust Company. In this capacity, she managed and administered the compliance due diligence program for NTI’s Multi-Manager Solutions and Outsourced Chief Investment Officer businesses. Allison also was the Chief Compliance Officer of two registered funds of hedge funds advised by NTI as well as a member of the funds’ Pricing and Disclosure Committees. Before joining NTI, Allison served as the Compliance Director for General Motors Asset Management, where she assisted with the administration of the compliance program for this registered investment adviser.
Laura E. Flores is a Partner at Morgan Lewis with a practice that focuses on the regulation of investment companies and investment advisers. Laura regularly represents exchange-traded funds (ETFs), mutual funds, and variable insurance-dedicated products, as well as their sponsors and boards of directors, and investment advisers. She counsels both well-established clients and clients that are new to the industry on a variety of regulatory, transactional, compliance and operational issues, including the development of new financial products and services, federal and state registration issues, the preparation and implementation of compliance programs, business combinations involving investment companies and investment advisers, interpretive and “no-action” letter requests, requests for Securities and Exchange Commission exemptive relief, and regulatory examinations. Laura also counsels investment advisory clients on matters, including advertising and communications with the public, investment adviser registration, and separately managed account (or wrap fee) programs. Laura also has significant experience representing “liquid alt” funds, funds that invest through offshore subsidiaries, and funds that utilize QFII/RQFII quotas to invest directly in securities issued and traded in China.
Categories
EU Blocking Statute Update
In this episode, we touch on the recent opinion by the EU’s Advocate General in regards to the EU’s Blocking Statute that runs up against US sanctions on Iran and Cuba.
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In this episode, Lisa speaks with Dr. Susan Liautaud who is the author of ” The Power of Ethics: How to Make Good Choices in a Complicated World.” She teaches ethics at Stanford University, is the founder of The Ethics Incubator, which is a non-profit, non-profit, independent, cross-sector laboratory and collaborative platform for innovative ethics in our changing world, from AI to our daily lives.
One of the things that make her approach so unique is the manner in which she makes thinking about ethics and decisions approachable and practical. She has outlined 6 forces driving ethics, and Lisa and Susan talk about two in detail, as well as some practical tips for practitioners.
For those of you who listen regularly, you know Lisa is a big fan of Dax Shephard’s Armchair Expert podcast, and was so excited to hear an episode with a leader in ethics. Lisa took the advice that she and Mary give to many and reached out to Susan through email and LinkedIn and Susan graciously took the time to participate in GWIC and give us her perspective.
The Great Women in Compliance Podcast is proudly featured on the Compliance Podcast Network and sponsored by Corporate Compliance Insights. If you enjoyed this episode please subscribe to the podcast and rate it on your podcast player to help other compliance professionals find it. Want to hear more from us? We have a book, “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).
If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?
As always, we are so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up or would just like to reach out and say hello, we always welcome hearing from our listeners.
You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.
Join the Great Women in Compliance community on LinkedIn here.
Categories
PCAOB Clean Sweep
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. This week Matt and Tom take a deep dive into the SEC Chairman Gary Gensler’s firing of the entire PCAOB Board, including Board Chair William Duhnke. Some of the issues we consider are:
- What does this mean for internal audit?
- What does this mean for compliance?
- What was the legal basis for these terminations?
- How did Duhnke create such a toxic culture at the PCAOB?
- What does this mean for ESG, cybersecurity and data analytics going forward?
Resources
Matt in Radical Compliance
The PCAOB House-Cleaning and You
In today’s edition of Daily Compliance News:
- Did Cognizant spy on FCPA defendants? (Times of India)
- Colonial Pipeline allowed hackers into its system. (NYT)
- VW nears deal with former CEO. (FT)
- France to investigate Lebanon central bank chief. (FT)
The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Gabe Hidalgo, Managing Director at K2 Integrity and former CCO.
As a native New Yorker, Hidalgo was deep impacted by 9/11. He wanted to join the fight against terrorism and did so by leaving insurance defense work and moving into AML compliance. From this start, Hidalgo worked at a wide range of financial institutions, consulting firms and eventually the Federal Reserve Bank of New York, all in the AML field.
Resources
Gabe Hidalgo LinkedIn Profile
Gabe Hidalgo K2 Integrity Profile
K2 Integrity
The Kitchen looks into the recent Executive Order that aims to strengthen cybersecurity in the US government and private sectors.
Compliance Evangelist Tom Fox shares the screen with Philip Winterburn, co-Founder and Chief Strategy Officer of Convercent, in yet another engaging conversation here at The Compliance Handbook podcast. Listen in as Philip shares his journey in compliance, the revolution that Convercent software created in the ethics space, and what he’s seen from his perspective over the past decade.
Key takeaways in the episode:
✔️ Glean lessons how Philip’s love for mathematics led him in applying technology to solve business problems and co-founding Convercent nine years ago as a dream to bring something different into the ethics and compliance world.
✔️ Why melding the concepts of behavioral science, ethics into compliance requires having good metrics to identify areas of weakness, where and how to apply the change, track trends, understand human behavior and influence those people, and then use data again to measure the impact of those programs.
✔️ Consider how the speed of social media and the potential reputational damage can get tricky for companies to defend themselves. Philip reminds: you don’t need a great PR firm to protect you, but be good through and through. You have to act with integrity in everything you do.
✔️ Understand how the evolution of the thinking of risk is a business opportunity. Philip explores his observations on the shift from legal to business and from law to behavior in the compliance profession.
✔️ Lean in how Convercent journeyed as a profession of going from the regulatory world to now offering more about business enablement and business outcomes with the tools and capabilities they offer.
✔️ Looking into the future, it can be both an opportunity and challenge for the compliance and ethics profession to use artificial intelligence to accelerate and expand reach within organizations and elevate more significant insights.
✔️ The merging of Convercent into OneTrust portends for Convercent, driving ethics to the center of business and moving forward to a truly enterprise-wide risk management solution.
✔️ Analyzing and synthesizing information into key insights and telling stories, and engaging our business peers will be a critical skill set necessary for ethics and compliance professionals in the future.
✔️ Failing to embrace environmental, social, and governance (ESG) risks will be detrimental to the ethics and compliance professionals if we don’t jump into it.
Philip Winterburn is the Founder and Chief Strategy Officer of Convercent, the world’s first Ethics Cloud Platform. As a leading global provider of ethics and compliance software, companies use Convercent to engage with employees, understand organizational risk, and create more robust, sustained business performance opportunities. Convercent has over 600 global customers, including Microsoft, Four Seasons Hotels and Resorts, Capgemini, and Under Armour. Their customers span all industries, regions, and sizes and represent a growing breed of business leaders who care deeply about driving ethics to the center of their organizations.
Email: pw@convercent.com
LinkedIn: Philip Winterburn
Website: www.convercent.com
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About Thomas Fox:
Thomas Fox, the Compliance Evangelist®, is one of the leading writers, thinkers, and commentators on anti-bribery and anti-corruption compliance. In this latest edition of The Compliance Handbook, he continues to arm seasoned compliance professionals and those new to the realm with the practical, actionable guidance and tools needed to design, create, implement and continually enhance a best practices compliance program.
The “Nuts and Bolts” for Creating a Comprehensive Compliance Plan
This chapter of this unique work lays out a succinct yet thorough one month approach to operationalizing a company’s compliance regimen. Beginning with a section on what 2020 brought to the compliance landscape, each chapter methodically outlines best practices for everything from establishing policies, procedures, and internal controls, to assessing risk, training, handling investigations, and more. Each day ends with three key takeaways you can implement at little or no cost.
Understanding Compliance Responsibility Across the Organization
The Compliance Handbook also takes a close look at all professionals’ roles with compliance responsibility, from Compliance Officers and Boards of Directors to Human Resources, to Internal Audit and Internal Controls and Communications and Training professionals.
In-Depth Treatment of Hot Topics and Trends
The Handbook provides an in-depth look at the latest thinking and trends for the full range of critical compliance topics, including:
- Compliance and business ventures
- Third-party risk management
- The Board’s Role in Compliance
- Continuous improvement
- Compliance innovation
- And much more.
Incorporating Current Government Pronouncements
The Second Edition incorporates the most current government pronouncements governing best practices compliance programs, including the 2019 Evaluation of Corporate Compliance Programs released by the Fraud Section of the Department of Justice, and its 2020 Update; the updated FCPA Resource Guide 2nd edition; the Framework for OFAC Compliance Commitments; and the 2019 DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, non-refundable, and non-returnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis + for further legal research options. A valid subscription to Lexis + is required to access this content.
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Dan Zitting is the CEO of Galvanize and is Tom Fox’s guest this week on the Innovation in Compliance Podcast. Dan was the Chief Product Officer of Galvanize before taking up the CEO role. Galvanize is a software company that helps its clients achieve their goals and objectives. Dan and Tom discuss GRC software, the role of GRC professionals, and why data is so important to a company’s operations.
The Evolving Role of GRC
GRC refers to a company’s governance, risk management, and compliance capabilities in achieving its objectives. The pandemic has proven that GRC is a valued and impactful asset. As a result, the scope and demand for GRC professionals and their services have accelerated. “We had the ability to work through one of the most pervasive risk issues to come along in decades, and it demonstrated the value of risk management and the value of strong governance,” Dan tells Tom. “Our role is to think about how we can demonstrate that same level of value in all of the other areas of risk that were already on the radar.”
The Cost of Reputational Risk
Tom asks Dan to explain why reputational risk may be more costly than a fine. Dan explains that though reputational risks may be harder to quantify, the time it takes to undo the damage done is significant and tends to have a more lasting impact. “A significant loss of talent or employees and having to go rebuild that reputation and re-recruit…are real costs, and they are often much bigger,” Dan says.
Preventing NonCompliant Conduct
Preventing noncompliant conduct is just as important, even more so, than detecting it. “There are two key things,” Dan begins, “[The first being] the very nature of building strong governance programs in and of itself creates prevention.” As culture shifts, what was previously introduced as a detection mechanism becomes a prevention mechanism. In addition, advancement in technology is helping organizations prevent corrupt activities. Dan gives the example of data analytics and its machine learning model.
GRC in The Future
GRC is going to have a much larger and broader impact on the world because it’s a more efficient and impactful way to bring governance into organizations. Dan tells Tom that compliance professionals need to embrace technology more: trying to evaluate governance programs and controls manually is ineffective and time-consuming.
Resources
Dan Zitting | LinkedIn | Twitter
Galvanize