Tag: AMI

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 2 – Getting Culture Right

Vin DiCianni, founder of Affiliated Monitors, Inc. (AMI), talked about the Monaco speech and culture. He said, “The announcement by Deputy Attorney General Lisa Monaco and the Justice Department reignited the agency’s concentration of corporate liability for white-collar crimes. In doing so, she emphasized to businesses, their leadership, and the lawyers representing them how important it is to implement and maintain strong, effective compliance programs and how DOJ will con. In other words, the criticality of culture is now paramount. CCOs must focus on growing corporate culture to build the ethical foundation for a successful compliance program.

In the most recent MIT Sloan Management Review issue, Donald Sull and Charles Sull penned an article entitled “10 Things Your Corporate Culture Needs to Get Right”, in which they posited that “knowing what elements of culture matter most to employees can help leaders foster engagement as they transition to a new reality that will include more remote and hybrid work.” It is an excellent review of some of the key elements of corporate culture and how CCOs can move forward to lay the foundation of one.

CCOs and compliance functions face challenges while navigating the post-COVID-19 return to work. According to the DOJ’s regulations, businesses must uphold a healthy culture through corporate culture. The authors conclude, “Understanding the elements of culture that matter most to employees can help leaders maintain employee engagement and a vibrant culture as they transition to the new normal.”

Three key takeaways:

1. What distinguishes a good corporate culture from a bad one in the eyes of employees?

2. A good corporate culture forms the basis of a good compliance program.

3. How many elements of a good corporate culture are in your organization?

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program with Boards – Board Failures

Next, consider a couple of landmark failures at the Board level around bribery and corruption.

VimpelCom Ltd. In 2015 (now Veon Ltd.), the DOJ alleged that Dutch telecom VimpelCom sought to enter the telecom market through the acquisition of a local player, Unitel, as an entrée into the Uzbekistan market. Unitel made clear to VimpelCom that to have access to, obtain, and retain business in the Uzbeki telecom space, VimpelCom would have to, according to the DPA, “regularly pay Foreign Officials millions of dollars” to Gulnara Karimova, the daughter of the then President of the country. VimpelCom also acquired another entity Butzel, that was at least partially owned by an Uzbeki government official, who hid their interest through a shell company, which was known to VimpelCom. VimpelCom did not articulate a legitimate business reason for the deal and paid $60 million for Buztel.

Ultimately, VimpelCom agreed to pay approximately $800 million in fines for these activities in 2016. 

BizJet. Another FCPA enforcement action involved the Tulsa-based company BizJet International Sales and Support Inc. (BizJet), which had four senior executives convicted for their participation in a bribery scheme. But this case also involved the Board of Directions. In the Criminal Information, it stated that in November 2005:

…at a Board of Directors meeting of the BizJet Board, Executive A, and Executive B discussed with the Board that the decision of where an aircraft is sent for maintenance work is generally made by the potential customer’s director of maintenance or chief pilot, that these individuals are demanding $30,000 to $40,000 in commissions, and that BizJet would pay referral fees in order to gain market share.

In both cases, this is where the rubber hits the road. If a company is willing to commit bribery and engage in corruption to secure business, no amount of doing compliance is going to help. If senior management is ready, willing, and able to lie, cheat and steal, the Board is the final backstop to prevent such conduct. Both the VimpelCom and BizJet Boards sorely failed in their compliance duties.  

Three key takeaways:

  1. Board liability will be severe based upon similar conduct going forward.
  2. Board members must critically challenge management on its conduct.
  3. The Board is the ultimate backstop against bribery and corruption.

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

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FCPA Compliance Report

Scott Garland and Zach Hafer – Practice After the DOJ

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. I have double trouble in this episode as I welcome Scott Garland and Zach Hafer. They worked together for many years at the US Attorney’s Office for the District of Massachusetts. Both are now in private practice, Garland as a Managing Director at Affiliated Monitors, Inc. and Hafer as a Partner at Cooley LLP in Boston.

Some of the highlights include:

In this podcast, we consider DOJ corporate enforcement through the mechanisms of DPAs and NPAs based upon Hafer’s tenure as the Criminal Chief. They discussed the need to balance approving prosecutions for general impact vs. based on the case’s merits. We also consider how, if at all, the Monaco Memo changes DOJ focus. Garland leads us through a discussion of compliance issues within a prosecutor’s office, why your compliance philosophy is so critical, and some of the biggest issues and situations they both confronted while in the US Attorney’s Office for the District of Massachusetts. We conclude this section with a discussion of receiving compliance advice: what worked and what did not.

We conclude with a discussion of transitioning from DOJ to private practice, and both Zach and Scott summarize some of the key questions they are getting from clients. Garland opines on key issues he sees for monitors after Monaco Memo, and we conclude with why proactive monitoring can be such a powerful tool.

 Resources

Scott Garland at Affiliated Monitors

Zach Hafer at  Cooley LLP

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Great Women in Compliance

All Star Women Monitors, Part 2

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today is the second part of a 2-part series that we have been planning for a while, and the timing turned out to be perfect.  Lisa is speaking with an all-star panel of Audrey Harris, Bethany Hengsbach and Dionne Lomax,  Managing Directors from Affiliated Monitors.  Audrey’s area is  Global Anticorruption, Compliance, Ethics & Non–Financial Risk, Bethany focuses on Global Corporate Compliance, with a focus on healthcare, and Dionne works in Antitrust and Trade Regulation, as well as being a professor at Boston University. The timing for this series turned out perfectly, as the group was able to get into an in-depth discussion about Lisa Monaco’s statements in September about the Monaco Doctrine and some of their key takeaways.

In Part 2, the group discusses the statements about compensation and clawbacks, and the importance of appropriate resources, among other topics. They also provide their individual perspectives on two other topics that many of us discuss.  One is the reporting line for CECOs, and the importance of a direct line to the Board or Audit Committees.  The other is the certification of Corporate Compliance programs by CEOs and CECOs. The entire discussion was extremely insightful, filled with practical ideas and good tips for everyone who is trying to build and/or maintain a program.

Listen to Part 1 here.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to.  If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it.  If you have a moment to leave a review at the same time, Mary and Lisa would be so grateful.  You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast.  Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

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.

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Innovation in Compliance

The Many Marketing Uses of Podcasts with Jay Rosen

Jay Rosen is the Vice President of Business Development at Affiliated Monitors, Inc., a company that helps businesses face certain types of ethics and compliance challenges. Tom Fox and Jay talk about the power of podcasting as a new component of marketing for Affiliated Monitors in this week’s show. 

 

 

Getting The Message Out

Tom asks Jay to elaborate on how he’s been able to help people within his organization become more comfortable with having short and direct messages to send out about Affiliated Monitors. “My message – and our message internally to our folks – is that they are just so well versed and so talented, there’s nothing to be afraid of,” Jay says. He adds that they are removing barriers of entry and letting employees know that no matter what level of staff they’re at, they have a story to tell. “Personalize your experience at AMI, and that enthusiasm will come through to the people who want to watch.”

 

The Beauty of Evergreen

Jay talks about previous podcast series he’s had with Tom and explains that AMI was able to evolve its thinking around podcasts because the previous series was evergreen. The beauty of evergreen podcast content is that you’re able to repurpose it, repackage it, and use it in your target marketing. “It exists on the AMI website, and it’s still valuable content as well as an incredibly cost-effective tool for you because if you want to slice and dice something you did a couple of years ago in a different way, for a different reason, today, it doesn’t cost you anything but your time,” Tom adds. 

 

Podcasts As a Channel Tool

A podcast you make lives somewhere, such as your website or Apple Podcast. Your podcast connects you digitally to people you’ve never met in person and that’s a powerful networking tool. You’re connecting companies and services. 

 

Resources

Jay Rosen | LinkedIn | Twitter 

Affiliated Monitors, Inc

Podcast for Business 

 

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Great Women in Compliance

All Star Women Monitors

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today is the first part of a 2-part series that we have been planning for a while, and the timing turned out to be perfect. Lisa is speaking with an all-star panel of Audrey Harris, Bethany Hengsbach and Dionne Lomax,  Managing Directors from Affiliated Monitors.  Audrey’s area is  Global Anticorruption, Compliance, Ethics & Non–Financial Risk, Bethany focuses on Global Corporate Compliance, with a focus on healthcare, and Dionne works in Antitrust and Trade Regulation, as well as being a professor at Boston University.

 In Part 1, we get to hear more about their backgrounds and the road to their current roles.  They also explain more about work as a monitor, including how they are appointed, what they do as monitors, and the field in general.  They also share their experiences in reviewing programs and what impresses them when they are assessing a program, and, conversely, what concerns them.

They also provide advice for women who want to get into the field, and some of the things they have learned.

 The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to.  If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it.  If you have a moment to leave a review at the same time, Mary and Lisa would be so grateful.  You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast.  Corporate Compliance Insights is a much appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

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.

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The Compliance Life

Scott Garland – Lessons Learned in Ethics and Going Forward

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 skills does a CCO need to navigate the compliance waters in any company successfully? 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, I am joined by Scott Garland, Managing Director at AMI. Scott came to AMI from the DOJ, where he held the role of Professional Responsibility Officer. As he described, it was akin to a CCO role for the US Attorney’s Office for Massachusetts.

Some of the key lessons Garland learned in the role of Professional Responsibility Officer, which apply to the skill set needed to be a CCO, include; (1) Always do the right thing, but it is not always obvious what that is; (2) the issue you are presented might not be the real issue, or the sole real issue, (3) being calm and nonjudgmental helps people open up, (4) try and balance analysis with action, pragmatism with principles, using tenets of risk management, (5) craft advice that is simple, clear, and unambiguous. (6)Do not just say what not to do; also say what to do and when to come back for more help, (7)  admit mistakes as soon as possible, and (8) good people make mistakes. Most people will forgive a mistake if done unintentionally; you are forthright about it and try to fix it.

Garland recently joined Affiliated Monitors, Inc. as Managing Director – Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring. One of the reasons he did so was to help companies strengthen their compliance operations in these areas in a couple of areas. The first is before the government comes knocking by proactively assessing a company’s compliance operations and ethical culture and recommending improvements. The second is after the government knocks, acting as an independent monitor of the company’s compliance with a plea agreement, settlement agreement, consent decree, court or administrative order; emphasize not playing gotcha or playing the blame game, but rather with helping the company improve through lasting change.

Resources

Scott Garland’s Profile on AMI

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The Compliance Life

Scott Garland – To the DOJ and the Computer Crime & Intellectual Property and National Security Unit

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 skills does a CCO need to navigate the compliance waters in any company successfully? 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, I am joined by Scott Garland, Managing Director at AMI. Scott came to AMI from the DOJ, where he held the role of Professional Responsibility Officer. As he described, it was akin to a CCO role for the US Attorney’s Office for Massachusetts.

With a knack for understanding technology, relating it to legal issues, and translating it for lawyers, judges, and juries, Garland went to the DOJ, working at Main Justice in Computer Crime & Intellectual Property Section in DC. His work there included criminal investigations and trials, policy analysis, and drafting manuals. From that position, he moved to Boston to the US Attorney’s Office for the District of Massachusetts. He began in the Cybercrime Unit, then National Security Unit, eventually becoming NSU’s Deputy Chief, then Acting Chief of the Unit. Along the way, he picked up a variety of advisory responsibilities: identity theft coordinator, committee on dealing with cooperating witnesses, and grand jury supervisor.

Resources

Scott Garland’s Profile on AMI

Categories
The Compliance Life

Scott Garland – From Computer Science to Law

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 skills does a CCO need to navigate the compliance waters in any company successfully? 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, I am joined by Scott Garland, Managing Director at AMI. Scott came to AMI from the DOJ, where he held the role of Professional Responsibility Officer. As he described, it was akin to a CCO role for the US Attorney’s Office for Massachusetts.

Garland’s Bachelor’s Degree was more analytical than most CCO types as he entered MIT to major in software engineering and graduated with a B.Sc. in Economics. After college, he worked as a statistical research associate at a consulting company. He decided he wanted to bridge analysis to policy, so he went to the University of Michigan Law School for his law school degree. He then held a federal judicial clerkship and worked at two mid-sized law firms, practicing white-collar criminal defense and some litigation, including constitutional law.

Resources

Scott Garland’s Profile on AMI

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FCPA Compliance Report

Scott Garland on Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring at AMI


In this episode of the FCPA Compliance Report, I am joined by Scott Garland, Managing Director, Sanctions, Cyber, Fraud, and Ethics Compliance & Monitoring at Affiliated Monitors, Inc. Some of the areas we discuss include Garland’s professional background and current role. We look at some of his work at the DOJ including his role as the Deputy Chief, National Security Cyber Specialist and his work as Office’s Professional Responsibility Officer. We discuss his move to AMI and the types of monitorships Garland hopes to work on, as well as his thoughts on the role of a monitor. We conclude with some of Garland’s top recollections from UM Law School.
Resources
 Scott Garland bio on AMI.
Affiliated Monitors Inc.