Categories
Fraud Eats Strategy

Wiseguys, Drug Lords & Terrorists, Oh My! The Maturation of U.S. Anti-Money Laundering Laws

In this episode, we’re going to discuss the Anti-Money Laundering Act of 2020 (AMLA 2020). This is the most comprehensive set of reforms to U.S. anti-money laundering (“AML”) laws since the passage of the USA PATRIOT Act in 2001. While there is a lot to the Act, there are some important changes and enhancements that should have an immediate and long-lasting impact on anti-money laundering.

Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, warlords, kleptocrats and more.

Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.
 

Categories
Digging Deeper

Digging Deeper Episode 3: When Personal Lives Feed Criminal Activity


What happens when an investigator stumbles upon a personal detail that leads to professional misdeeds? In Episode 3 of Digging Deeper, Chris Morgan Jones interviews Lisa Silverman, senior managing director in Chicago, about cases where the personal interfered with the professional.
 

 
One of the most challenging parts of an investigator’s job is to not try and make the facts stick to a theory – but to develop a theory based on the actual facts. Everyone has a story, and often a client can have a theory. But what sets an investigator apart is the ability to find the accurate story, not the popular one. With the ever-increasing amount of information available on the internet, getting the information is just the first step. Where an investigator’s skills come in now are in undertaking a thoughtful analysis, separating accurate information from falsehoods, and then determining how the information fits together to tell a story. Also, the repositories for information have changed over time. For example: twenty years ago, when investigating an employee for fraud, it was common to physically sift through files for details. While that still happens, more often, investigators forensically image the subject’s computer and conduct their analysis digitally.
As investigations become more complex, the ability to observe and think critically have become invaluable to uncovering the facts and securing the right outcome. Whether the issues centers around cybercrimes; trade secrets spirited overseas; a due diligence on a prospective executive or board-level hire; a range of frauds; or a variety of international compliance issues with no easy solutions; a deep dive into a potential investment; or a range of other challenges, a skilled investigator’s job is to follow the trail of clues to the bare facts, and then to help clients use them in a way that is as whole and protected as possible in the corporate and legal arenas they occupy.
Learn more about our investigative services.
Digging Deeper, an investigative podcast series by K2 Integrity, helps shine a light on the investigations industry as few can: via the real-world, exceptional practitioners who, day in and day out, conduct this work across sectors and around the globe. Listen in to each episode where guests explore unique cases and share what they uncovered along the way to crack the code for clients. Learn more by clicking here, or subscribe on Apple Podcasts, SoundCloud, Spotify or Stitcher. 
 

Categories
Everything Compliance

Everything Compliance-Episode 75, the GOAT and Pandemic Edition


Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jonathan Armstrong, Jonathan Marks, Matt Kelly and Jay Rosen for a deep dive into plethora of topics generally related to the GOAT in football and the Coronavirus pandemic. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong joins us from London to review the UK Supreme Court decision in the KBR Section 2 document request case. He shouts out to the UK Judiciary for its perseverance during the Coronavirus health crisis and a special shout out to Texas lawyer Tiddles the Cat.

 

  1. Matt Kelly considers the recent CDC guidance on vaccine and the return to work movement by asking how it all will impact compliance. Matt shouts out to GOP Representative Adam Kissinger for his calling out the hypocritical behavior in failing to punish Donald Trump for leading an insurrection against America.

 

  1. Jonathan Marks looks at the Fraud Pentagon in the context of fraud risks in the era of the Coronavirus pandemic. Marks shouts to former National Holdings CCO Kay Johnson for her victory over her former employer who fired her when she investigated the company CEO for securities law violations.

 

  1. Jay Rosen pens a love sonnet to the GOAT and his former QB Tom Brady and looks at Tompa Bay’s accomplishment from the compliance perspective. Rosen shouts out to Twitter and FB for banning the former President from their platforms.

 

  1. Tom Fox rants about former KPMG UK chairman Bill Michael who was forced to resign after telling KPMG employees to ‘stop whining’ about working during the Coronavirus pandemic. For good measure Michael said there was no such thing as ‘unconscious bias’ against minorities. 

The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
  • 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 armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer (and sometime 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.

Categories
Great Women in Compliance

Tom Fox on The Compliance Handbook, 2nd edition


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
For those of you who do not know the origin of the Great Women in Compliance podcast, put simply, we are not sure if this podcast would have started without the support and guidance of Tom Fox.  He is known as the Compliance Evangelist and has been that and more to so many in our field.
We have wanted to include him as a guest on the podcast, and this turned out to be the perfect time as he is about to release an update of the Compliance Handbook, 2nd edition (LexisNexis) which pulls off the trick of being a practical how-to guide while also including nuanced analysis of the law and regulations.
Mary and Lisa are both a part of this special interview, where Tom discusses the handbook as well as his experience in building the Compliance Podcast Network and how he keeps up-to-date with so much going on in our space.  He also discusses what advice he would give to new compliance practitioners.
Listeners to this podcast can received PreSale discount of 25% is available for presale purchase. Use the code FOX25 for the presale discount and go here for more information and to order The Compliance Handbook 2nd edition. It  will be available in both print and eBook editions. It will be published in April 2021.
 
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.
Lisa and Mary have extended the Great Women in Compliance brand to the book “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020) which can be found on Amazon and features valuable wisdom and advice from Great Women in Compliance across the world.
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.
Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Into the Weeds

Employee Trust and Compliance


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. Last week we considered the SEC regulations requiring companies to detail human capital issues in their annual reports and what it meant for compliance. This led to a week-long dialogue between Matt and myself about the current state of employee trust and its role in corporate culture and a best practices compliance and ethics program. Some of the issues we consider are:

  • Trust is down.
  • The now former UK KPMG Chairman who told employees to ‘quit whining’ about the Coronavirus health crisis issue.
  • Employees are under more pressure to deliver results. What does this do to trust?
  • Employee to employee trust issues in WFH.
  • Trust issues around RTW, both employee to employee and management response to employee health and safety issues at the workplace.
  • Benjamin Moore getting rid of legal department and then restricting employee access to legal assistance.
  • Greater fear toward retaliation stopping whistleblowers from coming forward. 

Resources
Matt’s blog post in Radical Compliance:
Corporate Culture and Human Capital Disclosures 
Tom’s blog posts on the FCPA Compliance and Ethics Blog:
A Macro Approach for Human Capital Compliance
Hal Holbrook, Mark Twain and Employee Trust
How to Destroy Employee Trust
Leadership Lessons from Abraham Lincoln

Categories
The Compliance Handbook

The Compliance Handbook -The Role of Boards and Compliance with Mike Volkov


The Board’s overarching intention is to maintain a company’s growth and success by overseeing its affairs while fulfilling its owners and critical parties’ appropriate needs. On a case-by-case basis, it is for the Board to judge which participants it treats as ‘important’ and which of its concerns is necessary to comply with, keeping in view the legislation, the relevant laws, and market considerations. A board of directors does a uniquely challenging range of obligations and obstacles in fulfilling this core objective and often faces a set of contradicting set of priorities. These Pandora’s boxes motivated Tom Fox to take a leap and do something to educate and provide valuable resources for board members and those in the same field. In todays’ episode of The Compliance Podcast, Tom is joined by the legendary Mike Volkov of the Volkov Law Group. Tune in to the episode as Tom and Mike share a meaningful discussion about the “The Role of Boards and Compliance.”
Key Takeaways Discussed in the Episode:

  • Be reminded of the crucial roles of the Board as accentuated by Mike Volkov. According to Mike, at all times, the Board should;
  • Promote the goodwill of clients and related stakeholders.
  • Bear the accountability for overseeing the company and its operations through a management structure and entrepreneurial leadership.
  • Be mainly accountable for authorizing the organization’s strategic goals and working to ensure that the human and financial capital required to achieve such objectives are made available.
  • Continually evaluates the risk assessment and internal control activities of the organization through the Audit Committee.
  • Recognize any weaknesses or shortcomings to accomplish its ultimate aim. Therefore, the Board is advised to reflect on specific duties that it must or intends to conduct itself and determine if the top leadership can execute further in the correct way.
  • Have you heard of the “High-minded Nondisclosure Route“? If not, tune in to the episode, as this might help when things get rough.
  • Recognize the importance of having a Board of Directors’ Compliance Committee and why there should be a Compliance expert on the Board.
  • Hear more about what leads to a successful Board investigation and the compliance metrics a Board should look for.
  • Be informed of recent Board failures in compliance and learn from these failures to not walk on the same path.
  • Explore the promising outcomes of incorporating compliance into long-term Board strategy.

The Compliance Handbook, 2nd Edition
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, nonrefundable 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.
Order your copy OR copies of the The Compliance Handbook: A Guide to Operationalizing Your Compliance Program. Save 25% off.
http://www.lexisnexis.com/fox25
 

Categories
The Affiliated Monitors Expert Podcast

Teaching at the International Anti-Corruption Academy


In this episode, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors. In this episode, we consider how Gordon’s teaching compliance and investigations at the International Anti-Corruption Academy inform her view of wide-ranging cultural differences in monitorships. Gordon is a frequent Guest Lecturer at the IACA, having been on the faculty for about five years, teaching investigations and compliance. She also supervises graduate students in writing their thesis. The IACA is an international organization formed by 70 member States, about eight and a half years ago. It is dedicated to enhancing knowledge and education in the field of anti-corruption. It runs graduate level programs and degree programs dedicated to training professionals in combating corruption in all its married forms.
It is headquartered in Laxenburg, Austria, and hosts students from over 70 countries, including US, Europe and a heavy presence of African students. Many of the student are prosecutors and investigators from developing countries who are looking to expand their capabilities and technical skills in combating corruption back in their home countries.
Gordon said that from her work at the IACA she has garnered a wider appreciation of the cultural differences that every compliance practitioner and monitor need to be attuned to in monitorship work. She said, “that is one of the more enjoyable elements of it. We touch on a lot of cultural differences and we will raise scenarios or questions in the class. We’ll have folks from the Middle East, from Africa, from China, from Indonesia, India, Western European countries, from Brazil, from the US, from Canada, basically from across the globe. This leads to a wide range of opinions.”
For more information on AMI, check out their website. For more information on Mikhail Reider-Gordon, check out her LinkedIn profile. For more information on the IACA, click here.

Categories
The Compliance Life

Natalia Shehadeh – Into the CCO Chair


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 Natalia Shehadeh, Chief Compliance Officer at ABB. In this Episode 3, we review Natalia’s moving into the CCO Chair.
Natalia went into the corporate world and immediately landed jobs at not only high-profile firms but those going through significant FCPA journeys, investigations and enforcement actions. Her roles provided the beauty of travel and connection across dozens of countries, experience in areas well beyond traditional compliance including:   high-stakes enforcement and litigation provoking brand risks, devastating security challenges provoking human risk, and yet opportunity for synergy as we recognized the impact organization culture and inclusion can have on our integrity mission.

Categories
Innovation in Compliance

Meaningful Meetings with Dr. James Kelley


 
Tom Fox’s guest on this week’s show is Dr. James Kelley, co-founder and CEO of qChange. qChange is a technology company that uses artificial intelligence to improve leaders’ skills and make meetings more impactful. James spent the last 12 years in academia before co-founding qChange. He chats with Tom about his academic research, his book, and how he is helping leaders become more impactful in meetings.
 

 
Customize the Message
James’ academic research was a five-country study about consumers’ attitudes towards global brands. He studied various customer attributes and how it impacted their attitudes towards a brand. What he found was that global companies needed to tailor their narrative to reach customers outside of their local audience. This study has implications for internal communications around compliance as well, he points out. “I’ve always argued that if you could diversify your population inside the organization and tailor that messaging, the likelihood of compliance will increase drastically because you’re speaking the language of the individual.”
Crucible Moments
Tom and James discuss James’ book, The Crucible’s Gift. James details why he wrote the book, and shares some insights from his interviews with 150 “authentic leaders”. The greatest learning he took away from those interviews was that they all had a “crucible moment”. “What I found is that a majority of those I interviewed that I perceived as being really authentic took some sort of adversity moment and created an opportunity.” He tells Tom that their crucible moments led them to ultimately become more authentic. Tom shares his own crucible moment. “Learning to see the door and then have the courage to walk through, [that] was the biggest lesson for me,” Tom comments.
Making Meetings Better Through Technology
“[qChange] was born out of this notion that technology – the use of AI – could be a collaborator in a leader’s journey, not a competitor,” James says. “So our whole entire company is predicated on the idea of prompting, measuring, growing, and predicting leaders’ and teams’ success in Microsoft Teams. We’re very meeting focused: we believe that where leaders show up most is in a meeting.” He describes how their AI software prompts leaders to practice specific soft skills within meetings. The comprehensive feedback loop compares the leader’s self-score with how his team members rate them, culminating in a personal leadership score. Making it experiential and real-time helps leaders retain those lessons in a tangible way. James tells Tom that their solution is end-to-end. Tom asks him what he sees as the future of meetings, to which he responds that work is going to be hybrid. He shares how qChange is preparing for the future, and that they’re well-positioned to meet it with success.
Resources
qChange.com
qChange on LinkedIn | Facebook
James Kelley on LinkedIn
The Crucible’s Gift book

Categories
Big Brains in Compliance

Introduction to Big Brains In Compliance with Tom Fox and Stephen Martin


 
Big Brains In Compliance is the newest show on the Compliance Podcast Network featuring Tom Fox, the Voice of Compliance, and Stephen Martin, Partner at StoneTurn. In this series, Tom and Stephen are going to be interviewing and learning from the biggest names in the compliance world.
 

 
In this premiere episode, Tom and Stephen share their professional backgrounds and their journey into the compliance space. Stephen’s interesting career – including his time at WorldCom during the scandal that brought down the company – taught him some important lessons that he shares with listeners. Tom talks about his own career and what eventually led him to become a leading voice in compliance. They also discuss how compliance has evolved over the years.
In future episodes, Tom and Stephen are going to be speaking to the people who have been at the forefront of the evolution of compliance and have transformed the industry for the better. Not only will listeners hear about guests’ professional contributions to the compliance space, but they will also learn a bit about them personally. 
Tune in every other Monday for another episode!
Resources
StoneTurn.com
Stephen Martin on LinkedIn