Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.
Stories we are following in today’s edition:
Today, we look at the Compliance Function. The pandemic accelerated changes in compliance that have been percolating for the last few years. Indeed, I believe that in as short a time as 5 years, 2020 will be seen as an inflection point in compliance, IE., the Year When Everything Changed. There are four major changes I would like to highlight and what these changes portend for compliance down the road.
Compliance Convergence. In 2019, there were three significant releases of information by the federal government, which directly impacted compliance professionals.
Public/private partnership in the anti-corruption fight. Over the past few years, the DOJ has gone far toward laying out real incentives for corporations to help in the fight against the international scourge of bribery and corruption.
Data, Data, Data. The DOJ has made it clear that it expects companies to be more robust in their use of data analytics in compliance programs.
Compliance as the Ethical Edge. We have known for many years that companies with more robust compliance programs were most generally better-run companies.
This academic research and other case studies demonstrate that effective compliance programs equate to more efficient business processes and lead to greater profitability. As senior business leaders come to understand this message, they will (properly) see compliance as a business process that can be analyzed and improved through continuous improvement to make companies run more efficiently and, at the end of the day, more profitably. These companies do not make money because they have a better heart. They are more profitable because they are better run. Finally, all of this ties back to a requirement from the DOJ for continuous improvement of your compliance program.
Three key takeaways:
For more information, check out The Compliance Handbook, 4th edition, here.
What should compliance practitioners do to move themselves forward professionally in 2025 and beyond? To consider this question, I drew inspiration from the Financial Times (FT) piece entitled “Work in the 2020s: 5 essential skills to succeed” by Lyndsey Jones. In this article, Jones laid out five areas where workers need to have skills that will keep abreast of the ever-evolving marketplace. They are: (1) Adapt to thrive, (2) Be creative, (3) Develop emotional intelligence, (4) Become tech-savvy, and (5) Build your brand.
Being a compliance professional in the coming decade will be one of the most challenging, rewarding, and exciting professions for anyone to engage in. You have the opportunity to help lead not only your organization but also your profession. To paraphrase Alyson Van Hooser, will you put your (compliance) stake in the ground and own it? For your sake and the sake of the compliance profession going forward, I hope you will do so.
Three key takeaways:
For more information, check out The Compliance Handbook, 4th edition, here.
Where is compliance training headed? In the 2020 Update, the DOJ stated, “companies have invested in shorter, more targeted training sessions to enable employees to timely identify and raise issues to appropriate compliance, internal audit, or other risk management functions.” While this tactical solution has proven useful, I wanted to consider the broader compliance training themes that compliance professionals have learned over the past few years to gain insight into where compliance training may be headed. I sat down with Shawn Rogers, Senior Director, Global Ethics & Compliance at Stanley Black & Decker, Inc., to provide some thoughts on the veiled land of the future of compliance training.
Compliance training needs to get to the point where managers and leaders drive compliance training based on how they perceive the risks in their organizations. In other words, an awareness of risks can permeate the organization to such a degree that managers will be able to recognize when their employees need training and can call on the compliance function to provide custom training opportunities.
Three key takeaways:
For more information, check out The Compliance Handbook, 4th edition, here.
The more you can operationalize compliance, the more it works to operationalize culture in your organization. It works for all levels of a company, literally from the Boardroom to the shop floor. The DOJ and SEC recognized this when they noted in their 2020 FCPA Resource Guide, “A compliance program should apply from the board room to the supply room – no one should be beyond its reach.” Yet culture can provide more than simply an ethical foundation, and it is also a part of the business foundation of an entity.
Using such an approach to communications allows a CCO to “see around corners” and can be one of the greatest strengths of a best practices compliance program. The reason is listening. Listening is a key leadership component, and there are certainly many ways to listen. You can sit in your office and wait for a call or report on the hotline, or you can go out into the field and find out what challenges employees are facing. From this, you can work with them to craft a solution that works for the company and holds to the company’s ethical and compliance values.
Using social media tools, a CCO can move towards Thomas’ next key ingredient of a successful corporate culture, which is trust. Thomas said, “I’m obsessive about the culture that we create specifically around trust, and this is an adjustment for some people when they come here. If you join our team, there’s trust by default here. That means you trust in the competence of your teammates. You trust in their intentions and what they’re saying. At some companies, the culture is that trust is earned over time, but that means if everyone in the organization says you have to earn trust, the amount of energy that actually goes into the trust-earning process is a distraction from our mission.”
Three key takeaways:
For more information, check out The Compliance Handbook, 4th edition, here.
Welcome to the latest edition to the Compliance Podcast Network: Into the Chair: Tales from Chief Compliance Officers 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 successfully 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. Into the Chair: Tales from Chief Compliance Officers is a Comply podcast hosted by Tom Fox and is a production of the Compliance Podcast Network. In this episode, I visit with Mario Chilin the Chief Compliance Officer at EP Wealth Advisors.
Mario Chilin is a seasoned professional in the compliance field, boasting a robust background in the financial industry, with degrees from California State University and Pennsylvania State University, and a paralegal certificate from Cerritos College. His perspective on his career in compliance is overwhelmingly positive, having discovered a passion for the field while working at the Bank of Tokyo Mitsubishi. Despite the challenges he faces as a Chief Compliance Officer, such as limited resources and the growing threat of cybersecurity, Chilin remains dedicated to his profession. His experiences, from working in operations during the 2008 financial crisis to his current role at EP Wealth Advisors, have only fueled his belief that others who delve into compliance will find the same passion and excitement. Join Tom Fox and Mario Chilin as they delve deeper into this topic on the next episode of the Into the Chair podcast.
Key Highlights
· Unexpected Paths to a Successful Compliance Career
· Navigating the Regulatory Side of Finance
· Maximizing Resources and Cybersecurity: Compliance Officer Challenges
Resources
Mario Chilin on LinkedIn
Connect with Tom Fox
One of the more confusing areas of the FCPA is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes. For that reason, many companies feel they are inconsistent with a company culture of doing business ethically and in compliance with laws prohibiting corruption and bribery. Further, the 2020 FCPA Resource Guide specified, “while the payment may qualify as an exception to the FCPA’s anti-bribery provisions, it may violate other laws, both in Foreign Country and elsewhere. In addition, if the payment is not accurately recorded, it could violate the FCPA’s books and records provision.” Additionally, the 2020 FCPA Resource Guide stated, “Whether a payment falls within the exception is not dependent on the size of the payment, though size can be telling, as a large payment is more suggestive of corrupt intent to influence a non-routine governmental action. But, like the FCPA’s anti-bribery provisions more generally, the facilitating payments exception focuses on the purpose of the payment rather than its value.”
In addition to these clear statements about whether the FCPA should continue to allow said bribes; you should also consider the administrative nightmare for any international company. The U.K. Bribery Act does not have any such exception, exemption or defense along the lines of the FCPA facilitation payment exception. This means that even if your company allows facilitation payments, it must exempt out every U.K. Company or subsidiary from the policy. Further, if your company employs any U.K. citizens, they are subject to the U.K. Bribery Act no matter who they work for and where they may work in the world, so they must also be exempted. Finally, if your U.S. Company does business with a U.K. or other company subject to the U.K. Bribery Act, you may be prevented contractually from making facilitation payments while working under that customer’s contract. As I said, an administrative nightmare.
Three key takeaways:
For more information, check out The Compliance Handbook, 4th edition, here.
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Carlos Villagrán Muñoz, Chief Compliance Officer at CMPC in Chile. We discuss operationalizing compliance at CMPC and in Latin America.
Carlos Villagrán Muñoz is a seasoned Chilean attorney with considerable experience in implementing and advancing compliance programs in Latin America. His perspective on the subject is shaped by his extensive experience and understanding of the unique challenges in the region. Carlos identifies two major hurdles in implementing effective compliance programs in Latin America: the need to tailor programs to both global and local contexts due to cultural nuances and differing perceptions of corruption and the pressing issue of money laundering, fueled by illegal activities such as corruption, drug trafficking, and human trafficking. He believes that Latin America lags in anti-money laundering efforts, which are crucial in combating corruption, and advocates for compliance programs that address these issues while considering cultural differences. Join Tom Fox and Carlos Villagrán Muñoz as they delve deeper into these topics and more in this episode of the FCPA Compliance Report podcast.
Key Highlights
· CMPC’s Compliance Program Addressing Antitrust Infringement
· Navigating Cultural Nuances and Money Laundering: Compliance Challenges in Latin America
· CMPC’s Comprehensive Compliance Training Program
· The Rise of Technologically Savvy Compliance Experts in Chile
· Dynamic Networking Opportunities for Compliance Professionals
Resources
Carlos Villagrán Muñoz on LinkedIn
Tom Fox
Welcome to Data Driven Compliance. In this podcast, we discuss how to use data to improve and enhance the effectiveness of your compliance program, creating greater business efficiency, all leading to more return on investment for your compliance regime. Join host Tom Fox as he explores how data will drive your compliance program to the next level. This podcast is sponsored by KonaAI.
I recently had the opportunity to visit with Vince Walden, founder and CEO of KonaAI, for a podcast series on the uses of data driven compliance. Over these five podcasts, we have discussed generative AI and ChatGPT in compliance, the profiles of a corrupt payment, making the business case for data-driven compliance, what to ask for and how to ask for it, and some success stories. In this concluding Part 5, we will look at some compliance successes using a data driven approach.
In the world of business, compliance is a critical aspect that ensures organizations adhere to legal and ethical standards. Compliance not only helps companies avoid legal troubles but also plays a significant role in improving business efficiency and profitability. In this episode, Tom and Vince considered the advanced compliance tools for fraud detection and cost savings. Our discussion entailed a comprehensive analysis of the key factors that impact advanced compliance tools for fraud detection and cost savings, exploring the tradeoffs involved, the challenges faced, and the importance of considering the impact on decision-making.
Key Highlights:
Resources:
Connect with Vince Walden on LinkedIn
Check out Kona AI
Connect with Tom Fox on LinkedIn
I recently had the opportunity to visit with Vince Walden, founder and CEO of KonaAI for a podcast series on the uses of data driven compliance. KonaAI is the sponsor of those podcasts. This blog post series will flesh out the podcast show notes. Over the next five blog posts, we will discuss generative AI and ChatGPT in compliance, the profiles of a corrupt payment, making the business case for data-driven compliance, what to ask for and how to ask for it and some success stories. In this Part 5, we will look at some compliance successes using a data-driven approach.
As always, I am joined by Vince Walden, founder and CEO of KonaAI. There is a quiet revolution happening in the realm of compliance. It’s one that, if harnessed correctly, can turn a typically reactive process into a proactive strategy. I am of course talking about data-driven compliance. By making use of the vast amounts of data your organization collects, you can uncover potential compliance risks before they turn into actual problems. This approach can be a game-changer, not just for your role as a compliance officer, but also for your organization’s overall risk management strategy. No longer will you be caught off guard. Instead, you’ll be leading the charge, armed with real-time insights and actionable data.
Sometimes, we face unintended consequences in a business setting – consequences that occur unexpectedly because of actions taken. They could be beneficial, like improvements to the business or reduced costs. Or, they could point to underlying issues that need addressing. However, these consequences can become visible only when multiple risk triggers are considered. Here’s the interesting bit. Vince underscored the importance of considering multiple risk triggers when analyzing data. Relying on just one test or indicator won’t cut it. It isn’t just one anomaly that signals an issue. The convergence of multiple risk signals helps in identifying the potential problem areas.
Compliance is not simply about rules and regulations. It is about understanding and managing risks, ultimately leading to better business decision-making. When well-executed, it can yield great rewards or “compliance wins”. One example is identifying high-risk areas in your business and managing them proactively. A high-risk business unit in high-risk FCPA environments. By analyzing their fraud risks, the company found that salespeople wound up spending quite a bit on gifts, travel, and entertainment for foreign officials to secure a sale. The solution? Limit setting. Not only did it save them money, but decreased the sales cycle, and the cherry on top – a clientele of higher quality.
Using data analysis techniques to improve business efficiency is of utmost importance in today’s business environment. By leveraging data analysis, you have the power to identify bottlenecks, streamline processes, and optimize your operations. This not only saves time and resources but also enhances overall compliance and risk management efforts. With every step you take towards harnessing the power of data, you are paving the way for increased business efficiency and success in your industry.
Compliance is the critical aspect that ensures organizations adhere to legal and ethical standards. Compliance not only helps companies avoid legal troubles but also plays a significant role in improving business efficiency and profitability. Data driven of advanced compliance tools for fraud detection and cost savings was discussed. This article aims to provide a comprehensive analysis of the key factors that impact advanced compliance tools for fraud detection and cost savings, exploring the tradeoffs involved, the challenges faced, and the importance of considering the impact on decision-making.
One of the advanced compliance tools discussed in the episode is Unit Price Analysis. This tool utilizes advanced technology to identify discrepancies in vendor invoices, potentially saving companies significant amounts of money. By comparing prices charged for the same product by the same vendor in different locations, contract compliance can be achieved. As Walden explained, even a small difference in unit prices can translate into substantial recoveries when multiplied by tens of thousands or hundreds of thousands of units. This tool highlights the importance of scrutinizing vendor invoices and ensuring fair pricing across different locations.
To effectively detect fraud and ensure compliance, it is crucial to integrate multiple data sources into compliance monitoring programs. As Vince Walden mentions, transparency is key, and integrating various data sources brings that transparency into play. By pulling in third-party payments, due diligence work, sanctions lists, whistleblower hotline data, and other indicators, companies can gain actionable insights and identify improper payments and risk scoring. The ability to put in multiple risk triggers and analyze data from various sources allows for a more comprehensive and accurate assessment of potential risks.
However, implementing advanced compliance tools for fraud detection and cost savings is not without its challenges. It is essential to know when to stop reviewing transactions or high-risk activities. Risk scoring frameworks help prioritize the most critical transactions, but continuous improvement is necessary to update the models and identify any missed risk triggers. Additionally, the complexity of integrating multiple data sources and implementing advanced compliance tools requires careful planning and consideration.
The impact of advanced compliance tools for fraud detection and cost savings goes beyond financial benefits. These tools can change the character of the people who interact with the company. By shifting the responsibility of travel expenses to foreign officials, the company not only achieved significant cost savings but also attracted decision-makers who came to sign contracts. This unexpected outcome demonstrates the power of compliance and fraud risk prevention in improving business efficiency and quality of customers.
In conclusion, advanced compliance tools for fraud detection and cost savings play a crucial role in ensuring legal and ethical standards are met while improving business efficiency and profitability. Unit Price Analysis and Fraud Risk Analysis are just two examples of such tools discussed in the podcast episode. By integrating multiple data sources, implementing risk scoring frameworks, and continuously improving compliance models, companies can achieve transparency, identify risks, and make informed decisions. However, it is important to consider the challenges and tradeoffs involved in implementing these tools. Ultimately, the impact of advanced compliance tools extends beyond financial benefits, positively influencing the overall business environment.
Resources:
Connect with Vince Walden on LinkedIn
Check out Kona AI
Connect with Tom Fox on LinkedIn
