J&F, una empresa familiar basada en Brasil, admite haber pagado sobornos de casi USD 180M. Matteson Ellis y Alejandra Montenegro Almonte platican sobre el caso, le multa, y lecciones aprendidas.
Apple Podcasts * Spotify * Amazon Music * Google Podcasts * Stitcher
Preguntas? Contáctenos en podcasts@milchev.com.
¡(H)Ola Compliance! no tiene la intención y no se puede considerar como asesoramiento legal; el contenido solo refleja los pensamientos y opiniones de sus anfitriones.
¡(H)Ola Compliance! explora la ola de cumplimiento de anticorrupción que ha surgido por Latinoamérica. Inmerso en su cariño para la región, Matteson Ellis y Alejandra Montenegro Almonte (Socios de Miller & Chevalier), navegan las aguas de regulaciones de cumplimiento corporativo desde sus oficinas en Washington, DC y trazan las normas de anticorrupción que afectan a la región. A la vez destacan los desafíos y oportunidades que enfrentan las empresas comprometidas a la ética. ¿Te sientes que estás nadando contra la corriente? ¡Entonces tome la ola de cumplimiento en ¡(H)Ola 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. In this episode Matt and Tom go into the weeds to look at the turbulence brought to the compliance profession and compliance job market. Some of the issues we consider are:
- How Working From Home has brought a material change to the practice of compliance.
- How to follow the money in the age of Coronavirus?
- Has the pandemic made compliance more relevant?
- Why is there such turbulence in the compliance job market?
- How has the pandemic transformed one traditional risk into something that manifests quite differently.?
- How is the compliance profession evolving?
Resources
See Matt’s blog posts on Radical Compliance– Compliance and Career Turbulence
Welcome to a special five-part podcast series, The Six Elements of an Effective Compliance Program. This podcast series is sponsored by StoneTurn. To celebrate Corporate Compliance and Ethics Week, we will consider each of the six elements required for an effective compliance program. They include: Risk Assessment, Governance and Structure, Policies Procedures and Controls, Training and Education, Oversight and Reporting, and Response and Enhancements. Over this five-part podcast series, I will be joined by Stephen Martin and Valerie Charles, Partners at StoneTurn and Toby Ralston and Jamen Tyler, Managing Directors at StoneTurn. In this third episode, I visit with Toby Ralston on why policies, procedures and internal controls are the backbone of your compliance program. Highlights include:
- Why is the Code of Conduct foundational?
- Is one of the key functions of compliance policies to provide a deeper level of guidance?
- What audience should a Code of Conduct, policies and procedures be written towards? Should they be translated into local languages? Should you have employees attest to reading them or use some other model to demonstrate effectiveness?
- Why should Internal Controls for compliance be tied to your risk assessment? How do you do so?
- Internal controls are often seen as financial controls. Can you discuss some instances of non-financial controls and their importance?
Resources
For more information on StoneTurn, click here.
Welcome to a special five-part podcast series, The Six Elements of an Effective Compliance Program. This podcast series is sponsored by StoneTurn. To celebrate Corporate Compliance and Ethics Week, we will consider each of the six elements required for an effective compliance program. They include: Risk Assessment, Governance and Structure, Policies Procedures and Controls, Training and Education, Oversight and Reporting, and Response and Enhancements. Over this five-part podcast series, I will be joined by Stephen Martin and Valerie Charles, Partners at StoneTurn and Toby Ralston and Jamen Tyler, Managing Directors at StoneTurn. In this second episode, I visit with Stephen Martin on compliance program governance and structure. Highlights include:
· A CCO must have access and expertise. Who should a CCO have access to and what should be a CCO’s level of expertise?
· A compliance function must be adequately resourced programs – what does this mean in practice? How much budget should your compliance program have? What should be your compliance function head count? What about those outside the compliance function that assist compliance?
· Why should a Board have compliance expertise? What does the Department of Justice’s 2020 Update to the Evaluation of Corporate Compliance say about compliance expertise on the Board?
· Why should there be a Compliance Committee, separate and apart from the Audit Committee?
· Why should the Compliance Committee on the Board have a Charter?
Resources
For more information on StoneTurn, click here.
Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I am joined by Ray Dookhie, Managing Director at K2 Intelligence FIN. Ray returns to discuss the recent FinCEN alert on unemployment fraud and the evolving fraud risks brought on by Covid-19.
Some of the highlights include:
- We are now some 8 months into the pandemic and the challenges financial institutions face have morphed. What are some examples?
- Recently Treasury Department’s Financial Crimes Enforcement Network issued an advisory on unemployment fraud. What is the significance of this release?
- What is this type of fraud?
- Why is Unemployment insurance a prime target for fraudsters?
- What are some of the red flags?
- Why are Financial institutions effectively at the front lines against the fight against fraud?
- If a financial institution detects suspicious payments or other evidence, what should they do?
Resources
For more on current fraud risk, see Fraud’s Perfect Storm: Mitigating Risk in a Global Pandemic by JoAnne Taylor
For more on fraud issues around PPP, see PPP Lending—A Unique Compliance Challenge for Banks
For information and resources on Covid-19, see the K2 Intelligence FIN COVID-19: Resources and Insights
Read the full FinCEN Alert
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
We invite back Andrea Falcione to round off this series on documentation by exploring best practices in Compliance policies. Before we do however, we hear about Rethink Compliance’s approach to maximizing the resource of women returning to the workforce or looking for flexible hours. It sounds win-win to us!
In this episode we discuss the difference in focus between your code and policies, frequency of revisions to policies, desired tone and message, making the most of learning aids and other hot topics for assembling a collection of best in class Compliance policies.
Have you heard that Lisa and Mary have published a book? Yes, you can get your very own copy of “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance” (CCI Press, 2020) on Amazon right now! Enjoyed your copy? Don’t forget to leave a review!
Join the Great Women in Compliance community on LinkedIn here.
In this podcast, I am joined by AMI Managing Director Donald K. Stern. In this episode, we look at some case studies. Case studies are something every lawyer and compliance practitioner responds to because it presents real facts and events that the corporate compliance discipline can learn from and, hopefully, incorporate these lessons learned into their organizations.
Stern believes, “it does lend some support. The organization under investigation not only has the right instincts, motivations and goals but it intends to fix the problem.” He believes they do “not expect you to assess every conceivable possibility and turn over every possible rock to interview every employee that might be involved. They want you to take a more risk based focused view on where you see the problems. The best way to do that is not by looking to people internally whose livelihood depends upon getting a paycheck every other week or every month from the company, but the people who were outside the company and who have some measure of independence.”
It is about the data and the metrics you use to reach your conclusions. This is because prosecutors are becoming much more sophisticated in their understanding of what constitutes a best practices compliance program. Stern noted that in areas as diverse as the FCPA or health care fraud not just the federal government, but state governments and now increasingly local governments, are really asking the right questions. They want to know, “what makes a good compliance program and what assurances do we have that if we give you a break in this case that you’re actually going to end up at the end?” The government wants corporations to be good corporate citizens and third-party independent monitors can help provide that assurance.
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 Katie Smith who is the Vice President for Ethics at Assurance. She previously served as Assistant Vice President and Chief Ethics Officer for USAA and Executive Vice President and Chief Compliance and Ethics Officer at Convercent.
Katie is passionate about compliance, having worked in the field for 20 years, building high-performing teams and increasing employee engagement by up to 300%. She has proven expertise in building and promoting talent, creating a trust-based culture, anti-corruption, code of conduct, conflict of interest, marketing internal programs, training and awareness, investigation excellence, data privacy and process efficiency. She is a much sought after public speaker and contributor featured in Wall Street Journal, Time, Fortune, NBC and Compliance Week. Katie’s commitment to the compliance profession is well as she currently sits on the Board of Directors of the Ethics and Compliance Initiative (ECI).
In this first episode, we consider Katie’s journey to the CCO role. She talks about how her Liberal Arts degree, not a JD, facilitated her success in compliance. She details her initial corporate work in HR and moving over to the compliance field and her journey to the CCO chair.
Tom Fox welcomes Andrea Bonime-Blanc to this week’s show. Andrea is the author of Gloom to Boom: How Leaders Transform Risk into Resilience and Value, and a foremost name in compliance. She recently joined the Board of Advisors of Crisp. Andrea and Tom talk about her new role, and the increasing importance of ESG.
Risk Intelligence as a Service
Andrea explains that Crisp provides risk intelligence as a service: their “series of algorithms search the open Internet and the dark web and a variety of other sources for potential risks affecting their clients,” she says. “It’s basically a way of giving an early warning system to the client on risks that may affect the brand.” She adds that having a transversal approach towards emerging risk is vital.
Compliance Should Be On Every Board
Tom comments that Andrea has written extensively about the need to have compliance professionals in the boardroom. She responds that it’s even more critical today: “Risks are an everyday occurrence, and we have a convergence of big strategic risks this year like we’ve never seen before…” A compliance professional brings a unique perspective regarding risk, regulatory and compliance issues that helps to create a holistic long term strategy for an organization, especially in today’s complex, interconnected world.
The Importance of Inclusion
Andrea and Tom discuss why inclusion may be even more important than diversity. “I think people are starting to realize there’s some root causes here that need to change,” Andrea remarks. “And they’re realizing that these are things that need to happen within their organizations in order to not just make their organizations reflect society more than they have, but to actually create competitive advantage. And that’s really the bright side of this whole thing is, you’re not just doing it to be a good citizen, you’re doing it because it’s good business as well.”
Moving Towards Coordinated ESG
Environmental, social, governance and technology issues are non-financial but can have a major financial and reputational impact on any organization, Andrea comments. As such, they need to be handled strategically to bring the most benefit to the company. The good news is that if you manage these issues well, you create better products and services. “Value is always the other side of the coin of risk,” Andrea comments.
Resourcs
GEC Risk Advisory
CrispThinking.com
Gloom to Boom: How Leaders Transform Risk into Resilience and Value