Tag: AMI

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Compliance and Coronavirus

Vin DiCianni on Monitors Under Coronavirus Stimulus Package


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Vin DiCianni, founder and CEO of Affiliated Monitors. We discuss the need for proactive monitorships under the stimulus package and why compliance is even more important during this health crisis.

  • Why is this important for the government, from federal to state to cities to municipalities?
  • Why is this important for businesses seeking stimulus funding?
  • How compliance and ethics will be even more important going forward.
  • Why your organization should take a proactive approach now.
  • Problem companies and those ethically challenged in the past will continue to do so.

This podcast is sponsored by SAI Global. To learn how you can protect your business operations and workforce during these uncertain times, visit saiglobal.com/risk for free resources, expert guidance, and industry-leading technology.

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The Affiliated Monitors Expert Podcast

Monitorship Costs and Expenses


In this episode, I am joined by Vincent DiCianni, founder and President of AMI as we consider the always controversial topic of monitorship costs and expenses.   DiCianni breaks the process down into three key areas. The first is the scope of the monitorship. You must understand the settlement documents so that you can fully appreciate the scope of the monitor’s remit and what the government expects from the monitor. DiCianni noted that some resolutions can have a narrow focus, with a finite number of records or other documents to review. With such information, you can work to scope out a range of what your costs might be. Conversely the settlement documents can literally be wide-open, which obviously will have a dramatic impact on potential costs and even estimating.
For more information, visit Affiliated Monitors by clicking here.

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The Affiliated Monitors Expert Podcast

Considerations When Hiring a Monitor


In this episode, I am joined by Eric Feldman, Senior Vice President and Managing Director of Corporate Ethics and Compliance Programs for Affiliated Monitors, Inc. (AMI). Today, we consider what issues a company should consider when hiring or retaining a corporate monitor.  It is important to note right off the bat, that the selection of an appropriate monitor can either make or break the entire monitorship program for an organization. Feldman advises that the forestall such a problem a company needs to have a clear understanding of what it is trying to get out a monitorship. If you are at the end of a Foreign Corrupt Practices Act (FCPA) enforcement action, your goals may be different than attempting to engage in a pre-settlement monitorship. You also need to understand what might be required by the government in any post-resolution settlement.
For more information, visit Affiliated Monitors by clicking here.

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The Affiliated Monitors Expert Podcast

What is a Corporate Monitorship?


What is the role of a corporate monitorship? Is a corporate monitorship to be feared if your company is in the middle of a Foreign Corrupt Practices Act (FCPA)? Can a monitor be used in a manner other than post-settlement, such as in a pro-active manner to help forestall a government enforcement action, fine or penalty? If your company is in the market for a monitor what are some of the indicia you should consider? Finally there are lots of rumors about the alleged exorbitant costs of monitorship? Is this an urban myth or is it based on facts? If the former, what can a company do to protect itself. I will explore these and many other questions in a new podcast series I am putting on sponsored by Affiliated Monitors, Inc. (AMI). In this podcast series, I am exploring the role of corporate monitorships in compliance and some of the key issues which companies and compliance professionals may face in dealing with monitors. I am joined in this exploration by Vincent DiCianni, founder and President of AMI. Today, we consider what is a corporate monitor?
For more information, visit Affiliated Monitors by clicking here.

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FCPA Compliance Report

Why Culture Matters-Episode 3, the Role of the CCO in Culture

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does, yet who bears the responsibility for establishing and maintaining an ethical culture? In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part III, we consider to what extent the Chief Compliance Officer (CCO) should be involved in shaping a culture of ethics and driving ethical behavior.
 Highlights include:

  • Who bears the responsibility for culture?
  • The duty most often falls to the CCO, so both the CCO and the entire compliance function need to be able to coordinate the various inputs and support mechanisms that guide employee behavior.
  • The CCO is often the face of the ethics program for the company – kind of the spokesperson for the company who helps to drive behavior.
  • In hiring and recruiting, a CCO can create a culture where an organization would only hire the right type of people as employees.
  • When managing upward, the CCO has an equally critical mandate through unfettered access to provide information to the Board regarding the compliance and ethics posture at the company, specifically including the culture.
  • What are the warning signs of an unethical culture?
  • It is up to the CCO to understand and have their finger on what the culture is, where the challenges are and what needs to be done to continually strengthen the culture.

Please join us for Episode 4, where we explore how a company can begin to assess its own culture.
For more information see Jay’s blog post What is the CCO’s Role in Strengthening the Organization’s Culture of Ethics?on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. check out their website here.

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FCPA Compliance Report

Why Culture Matters-Episode 2, What Factors Influence a Company’s Culture

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Yet what factors influence corporate culture. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part II, we consider what can influence an organization’s ethical culture, starting at the top with senior leadership. We consider such questions as whether your senior leaders practice what they preach as employees can spot a disconnect from a mile away.
 Highlights include:

  • A company does not have an ethical culture unless top management commits to it.
  • Equally important is a sense of organizational justice and fairness.
  • One of the key elements of effective leadership is listening and that also applies to a company’s culture.
  • Do senior leadership give their people the opportunity to be heard?
  • Do senior leaders get out of the ivory tower, go out into the field and meet with employees?
  • Are there town halls or other types of group interactions?
  • Do the employees see whether their leaders are living those kinds of values?
  • It is crucial for perception to equal reality.
  • The bottom line is there must be alignment between what top management says and the company’s core values – between what the organization says and what it does.

Please join us for Episode 3, where we explore the role of a Chief Compliance Officer in strengthening the ethical culture of the organization.
For more information see Jay’s blog post What Factors Influence a Company’s Ethical Culture? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. check out their website here.

Categories
FCPA Compliance Report

Why Culture Matters-Episode 1, What is Ethical Culture and Why Does it Matter

Welcome to this special five-part podcast series with Jay Rosen, VP of Business Development for Affiliated Monitors, Inc. (AMI), who is the sponsor of this podcast series. Corporate culture exists in the space between what an organization professes and what it does. It is important to pay attention to corporate culture as disconnects in this reality can be quite costly. Witness the continuing imbroglio surrounding Wells Fargo. In this series Jay and I will be exploring key aspects of corporate culture, including why it matters, what influences culture, the CCOs role in culture, assessing corporate culture and how to use that information to improve culture. In this Part I, we consider what is ethical culture and why does it matter.
 Highlights include:
  • An exploration of the question “what is corporate culture”?
  • Corporate culture is the way things really arein an organization and the way things really work.
  • There may be more than one culture in an organization and there might well be multiple subcultures in a company.
  • M&A due diligence around culture is critical.
  • What different kinds of cultural systems could impact a company?
  • Why is having a “speak up” culture a key indication of a strong ethical culture?
  • How can an organization hold its employees throughout the organization accountable?
  • Why must there must be an alignment between what top management says and the company’s core values to have an effective culture?
Please join us for Episode 2, where we will explore the factors that influence a company’s ethical culture.
For more information see Jay’s blog post What is Ethical Culture and Why Does it Matter? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. check out their website here.
Categories
FCPA Compliance Report

Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part V-Cost Issues When Hiring a Monitor

This week, over a five-part podcast series, we have considered some of the basic questions around monitors and monitorships. I have been joined in this exploration by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduced the role of independent integrity monitors and corporate monitorships; discussed both pre-settlement and post-resolution monitorships and their different applications;  and listed out some of the considerations a company should take in hiring a monitor. Today, in our concluding Part 5, we look at cost issues when hiring a monitor and how a company can work to ameliorate them.
Some of the highlights from this podcast include:

  1. What will be the overall scope of the monitorship?
  2. What will be the frequency of engagement by the monitor?
  3. What will be the duration of the monitorship?
  4. What is the experience of the monitor and how does that play into overall costs?
  5. How you can work through cost control issues by using a robust monitor’s Workplan?
  6. How selective sampling is a powerful tool and why it can be a cost-saving measure.

For additional reading see Jay Rosen’s article How Much Will a Corporate Monitorship Cost? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. visit their website here.

Categories
FCPA Compliance Report

Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part IV-Considerations When Hiring a Monitor

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 4, we look at considerations when hiring a monitor.
Some of the highlights from this podcast include:

  1. Considering the type and style of the monitor in your selection process.
  2. What is the expertise of the monitor, not simply in the subject matter but concluding monitorships?
  3. Balancing the interests of the regulator, the company and other stakeholders.
  4. Making sure that the monitor is bringing value to the company.
  5. Why a Monitor must be independent and conflict-free.

I hope you will join us tomorrow for Part 5, where we discuss the issue of costs when retaining a monitor.
For additional reading see Jay Rosen’s article What Issues Should a Company Consider When Hiring a Corporate Monitor? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. visit their website here.

Categories
FCPA Compliance Report

Everything You Wanted to Know About Monitors But Were Afraid To Ask: Part III-the Power of a Pre-Settlement Monitorship

In this five-part podcast series, we consider some of the basic questions around monitors and monitorships. I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post-resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships. Today, in Part 3, we consider the power of a monitorship in the pre-settlement phase of any matter.
Some of the highlights from this podcast include:

  1. What is an Internal Cultural Assessment?
  2. How can a pre-settlement monitorship be used as a (a) Pre-emptive Strike; or (b) to prevent a suspension or debarment action?
  3. What is the power of a pre-acquisition monitor in M&A Due Diligence?
  4. How is an independent integrity monitor can be a powerful prescriptive tool?

I hope you will join us tomorrow for Part 4, where we discuss considerations when hiring a monitor.
For additional reading see Jay Rosen’s article What is the Power of a Pre-Settlement Monitorship? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. visit their website here.