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Compliance and Coronavirus

Breeda Miller on Caregiving In the Age of Covid-19

Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Breeda Miller about Caregiving in times of CoVid19. Breeda has personal experience in caregiving and we discuss some of the unique challenges for caregivers during this phase of Covid-19. These challenges include isolation and separation, lack of respite, the fear and frustration many caregivers are currently feeling and the mindset you need to help get you through these times, including finding humor and resources for support.

For more information on Breeda Miller, check out her website here.

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Daily Compliance News

July 9, 2020-the Kiss Off edition


In today’s edition of Daily Compliance News:

  • Facebook tells civil rights groups to kiss off. (NYT)
  • BooHoo in big trouble. (NYT)
  • Did Wirecard facilitate fraud in US? (WSJ)
  • How are FinTech companies audited? (WSJ)
Categories
The Affiliated Monitors Expert Podcast

Eric Feldman on the Why’s, What’s and How’s of a M&A Compliance Assessment


In this episode I visit with Eric Feldman on the why’s, what’s and how’s of an independent assessment of a target. Feldman began with the observation that most of the issues in the M&A context come from the target or acquired company and most usually from the acquiring entity simply not paying enough attention during the pre-acquisition phase and making a discovery post-closing. This one of the reasons the Department of Justice (DOJ) has put such important stock in the pre-acquisition phase where a company needs to perform compliance due diligence and a risk assessment which will inform the entire process.
Near and dear to my mantra of Document, Document, and Document, was Feldman’s thoughts on keeping a thorough record of your entire process. Not only should the target (or at least you would hope) have a documented process of all of the above issues, but you should be sure to document your entire pre-acquisition process as well. This could be important if you discover any nefarious conduct in the pre-acquisition phase which you should report to the DOJ or if such discovery occurs after closing. If it happens after closing you will need to be able to document the reasonable steps you took in pre-closing and how you will remediate the issue(s) going forward.
Finally, your pre-acquisition investigation and due diligence will inform your post-acquisition steps. Hallmark 10 of the Ten Hallmarks of an Effective Compliance Program mandates that companies will develop and implement policies and procedures for mergers and acquisitions requiring the company to conduct appropriate risk based due diligence on potential new business entities including Foreign Corrupt Practices Act (FCPA) and anti-corruption due diligence. Obviously, this should be a documented process. By having an independent third party do this, with a documented process, it can lower the risk if there is a problem. As problems are identified, the acquiring entity can decide whether to go forward with the M&A. If there is a very specific identification of misconduct, the company can make a disclosure to the DOJ. By using this process, there is a road map created for remediating the issue as a part of your post-acquisition steps after closing.

Categories
31 Days to More Effective Compliance Programs

Levels of due diligence


Due diligence is generally recognized in three levels, each of which is appropriate for a different level of corruption risk. The key is for you to develop a mechanism to determine the appropriate level of due diligence and then implement that going forward.
There are many different approaches to the specifics of due diligence. By laying out some of the approaches, you can craft the relevant portions into your program. The Level I, II and III trichotomy appears to have the greatest favor and one that you should be able to implement in a straightforward manner. But the key is that you must assess your company’s risk and then manage that risk. If you need to perform additional due diligence to answer questions or clear red flags you should do so. And do not forget to “Document, Document, and Document” all your due diligence.
Three key takeaways:

  1. A Level I due diligence should only be used where there is a low risk of corruption.
  2. A Level II due diligence is sufficient in a high-risk jurisdiction if there are no red flags to clear.
  3. Level III due diligence is deep dive, boots on the ground investigation.
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Nexdigm

Global Anti Bribery and Corruption – Episode 9: Leopoldo Pagotto


Listen to Leopoldo Pagotto speaking with Sundaraparipurnan Narayanan on #Corruption in #Brazil during the current scenario, the impact of relaxations of Government procurement rules and what #compliance officers shall focus with a limited budget.

Nexdigm · Global Anti-Bribery Corruption Insights – Leopoldo Pagotto
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Nexdigm

Global Anti Bribery and Corruption – Episode 8: Jeena Kim


Jeeleena “Jeena” KIM at Bae, Kim & Lee LLC shares her perspectives on enforcement trends and key priorities for compliance officers as a part of our Global #antibribery and #Corruption Insight Series with Sundaraparipurnan Narayanan.

Nexdigm · Sundar N. – Director, Forensics – Nexdigm speaks with Jeena Kim from Bae, Kim & Lee LLC
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Daily Compliance News

July 8, 2020-the Corruption edition


In today’s edition of Daily Compliance News:

  • London PR firm paid to influence US opinion on Jho Low. (The Guardian)
  • Sons of a former Panamanian president charged with bribery involving Odebrecht. (WSJ)
  • World’s most corrupt bank? (WaPo)
  • How corrupt is Trump Administration? They don’t even want ethical investing. (Houston Chronicle)
Categories
Great Women in Compliance

Episode 67 – Asha Palmer-Black Girl Magic


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
Lisa and Mary are always very pleased to get recommendations for guests to speak on the podcast. It is however rare to get multiple suggestions for the same person, but Asha Palmer is so renowned that she did! This episode starts off by telling the story of Asha’s overseas working experience teaching ethics at university in the Middle East.
An expert at creating and evaluating risk assessments and program assessments, we turn technical in this episode as Asha outlines for the audience the difference between the two types of reviews and common mistakes companies make when executing those initiatives.
Asha has invested a great deal of time and thought into changing culture and conduct. We benefit from that effort by asking her about her change management tips for the Compliance Officer who has established themselves as a legitimate business partner, but is still working on shaping the culture and tone of the company, which as is we know is a little harder to control
Asha is a class act and exudes excellence in everything – hence the title of this episode, we hope you enjoy it!

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Compliance Into the Weeds

FCPA Resource Guide, 2nd edition

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 Kelly and Tom Fox take a look the recently released FCPA Resource Guide, 2nd edition; released jointly last week by the Department of Justice and Securities and Exchange Commission.
Resources
From Tom, check out his five part blog post series on the new FCPA Resource Guide on the FCPA Compliance and Ethics Blog.
For a copy of the FCPA Resource Guide, 2nd edition, click here.

Categories
The Compliance Life

Scott Sullivan on The Empathetic CCO


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 Scott Sullivan, the Chief Integrity and Compliance Officer at Newmont Mining. Scott Sullivan is a versatile and innovative governance, risk, compliance, ethics and legal executive with significant experience advising C-suite leaders and Boards of Directors in a global enterprise in a wide array of sensitive, high profile subject matter areas. He has extensive leadership in designing, implementing and enhancing world-class programs and favorably resolving regulatory crises for multinationals. He has managed ethics and compliance for a $5B global Fortune 500 corporation, directing a Business Integrity & Compliance function impacting 20,000 employees in over 55 countries with over 100 legal entities. 
In this first episode, we consider what does empathy mean in the context of being a CCO? Why does a CCO need empathy? They are often seen as the Conscience of the Company, the Moral Compass, and Doing What is Right – consequences otherwise damaging to company, relationships, etc. When does a CCO have to say ‘No’? Your goal is rarely and it you say no, it means no. How does empathy relate to communications? A CCO needs to understand/walk in someone’s shoes.