Categories
Innovation in Compliance

Innovation in Compliance – Sage Franch and Scott McCleskey on AI-Powered Compliance Strategies for Risk Prevention

Innovation comes in many areas, and compliance professionals must be ready to embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. In this episode, host Tom welcomes Sage Franch, CEO and co-founder of Rulebook.ai, and Scott McCleskey, a member of Rulebook.ai’s board of advisors, who discuss their innovative AI-driven solutions for regulatory compliance.

Sage and Scott offer compelling perspectives on the role of artificial intelligence in compliance. Sage views AI as a tool to augment human capabilities, enabling compliance professionals to process large volumes of information swiftly and focus on strategic decision-making, provided the AI tools are built on trusted data sources. Meanwhile, Scott highlights AI’s potential to enhance compliance programs by reducing false positives, improving risk management, and offering real-time regulatory insights, which can make compliance efforts more efficient and proactive. Both experts agree that AI’s integration into compliance streamlines processes and empowers professionals to address compliance challenges with greater confidence and foresight.

Key highlights:

  • The Superpower of AI in Compliance
  • Enhancing Compliance Processes with AI
  • Proactive Compliance Measures with AI Technology
  • AI-Powered Compliance Strategies for Risk Prevention

Resources:


Sage Franch on LinkedIn

Scott McCleskey on LinkedIn

RuleBook.ai

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
12 O’Clock High-a podcast on business leadership

12 O’Clock High, a podcast on business leadership – Navigating the Slippery Slope of Business Ethics: Alec Burlakoff’s Story

12 O’Clock High, an award-winning podcast on business leadership, brings together stories from history, the arts, sports and movies, research, and current events to consider leadership lessons. In this episode, Tom is joined by Alec Burlakoff, who shares his compelling journey from a successful career in the pharmaceutical industry to a cautionary tale of white-collar crime.

Alec recounts his background in coaching and social work before transitioning to the pharmaceutical field, where his rapid climb to senior vice president halted due to off-label drug promotion and bribery charges. He discusses the ethical pitfalls he encountered, the consequences of his actions, and his subsequent indictment, pleading guilty, and serving a federal prison sentence. Alec emphasizes the importance of compliance departments in preventing ethical lapses and the necessity for sales and compliance to work in synergy. He also sheds light on the mindset of white-collar professionals, the dangers of working in the gray, and how organizations can cultivate a culture of accountability and integrity. Throughout the conversation, Alec’s transformation offers invaluable lessons for compliance professionals and corporate leaders on fostering ethical practices in heavily regulated industries.

Key highlights:

  • Alec’s Background and Career Transition
  • The Downfall: Off-Label Promotion and Indictment
  • Shifting Mindsets: Understanding White Collar Crime
  • The Role of Compliance in Sales
  • Accountability and Personal Journey

Resources:

Alec Burlakoff on LinkedIn

Limitless! Consulting

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Business Integrity Innovations

Business Integrity Innovations: Collective Action Against Corruption: Insights from Pana Ratanabanangkoon

Business Integrity Innovations is brought to you by the Center for International Private Enterprise (CIPE) and the Compliance Podcast Network (CPN). This podcast is inspired by Ethics 1st, a multi-stakeholder initiative led by CIPE that creates pathways for accountable and sustainable investment in Africa. Companies can use Ethics 1st to standardize their business practices, develop sound corporate governance systems, and demonstrate their commitment to compliance and business ethics.

In this episode, Tom and Lola are joined by Pana Ratanabanangkoon, who has over 30 years of experience in the energy industry and is a key figure in the anti-corruption movement. Pana shares his journey from working with Shell in various countries to leading the Thai Collective Action Against Corruption (Thai CAC). He details the evolution of Thai CAC, highlighting its significant growth and innovative strategies in collective action, certification processes, and compliance. Pana also discusses establishing the International Collective Action Network (ICANN) to support similar initiatives globally. The conversation delves into the challenges and motivations driving anti-corruption efforts in the private sector and explores future trends, including the potential role of AI in enhancing compliance programs.

Key highlights:

  • Pana’s Professional Background
  • Role in Anti-Corruption Efforts
  • Evolution of Thai CAC
  • Challenges and Experiences
  • Future of Anti-Corruption Initiatives
  • Business Solutions to Corruption

Resources:

Pana Ratanabanangkoon on LinkedIn

CIPE

CIPE

Ethics 1st

Categories
Blog

Lessons in Corporate Governance from the NRA

Corporate governance often shines brightest in times of crisis, and few organizational crises have unfolded as publicly or contentiously as the litigation involving the National Rifle Association (NRA). In a recent Order from the years of ongoing litigation in New York state, the Court mandated sweeping governance reforms, providing a treasure trove of lessons for compliance professionals seeking to strengthen Transparency, accountability, and oversight in their organizations. Regardless of your personal or political views on the NRA, this case underscores universal principles of good governance. Let’s unpack these lessons and explore how they can be applied across organizations of all types and sizes. Matt Kelly wrote about this topic in a blog post, and we explored its implications for compliance professionals in a recent episode of the Compliance into the Weeds podcast.

What Happened at the NRA?

The NRA’s troubles began with allegations of rampant mismanagement under long-time CEO Wayne LaPierre. The New York Attorney General’s lawsuit in 2020 detailed years of financial abuses, including excessive salaries and lavish spending billed to the organization, conflicts of interest, and questionable vendor relationships, held together by a structurally weak board that served as a rubber stamp for LaPierre’s decisions. The fallout included four years of litigation, a jury finding LaPierre liable for abuses, and, ultimately, a court-mandated series of governance reforms designed to ensure the NRA could never again fall victim to such mismanagement.

Key Governance Failures

The NRA’s dysfunction stemmed from several structural weaknesses common to organizations suffering from poor governance. An overpowering CEO, LaPierre, exerted an outsized influence enabled by a lack of checks and balances. There needed to be stronger board oversight, with 76 members. The board needed to be bigger and more cohesive to provide effective governance. A small faction, aligned with the CEO, controlled key decisions. There needed to be more financial controls. This absence of robust controls allowed the CEO to withhold critical information from the board. These issues, while prominent in the NRA, are not unique. Theranos, Wynn Resorts, and countless other organizations have fallen prey to similar patterns.

The Reforms: A Blueprint for Good Governance

Judge Cohen’s final ruling laid out a series of governance reforms that every compliance professional should study and consider incorporating into their organization. The Court strengthened the NRA Audit Committee in various ways. First, the entire board now elects Audit Committee members, ensuring independence. Equally importantly, former audit committee members from 2014 to 2022 are barred from future service to eliminate cronyism.

Board refreshment was given importance. The Nominating and Governance Committee must propose 20 new director candidates annually for five years, injecting fresh perspectives and reducing entrenchment. The Court created a committee on board effectiveness, recommending measures to make the large board more functional, possibly through a smaller, empowered executive committee.

There were significant areas for the compliance function and the Chief Compliance Officer (CCO). The first was a mandate that the CCO deliver an annual report detailing travel expenses, related-party transactions, and whistleblower hotline activity.  This report ensures that the board has visibility into high-risk areas. There was a section on CCO empowerment and protection. The CCO now has employment protections, including a three-year contract and two years’ severance pay if terminated without cause. These measures give the CCO the independence to address risks without fear of retaliation. Finally, there is a mandate for independent oversight, with an external consultant assisting the CCO in developing and implementing governance improvements.

Universal Lessons for Compliance Professionals

The reforms imposed on the NRA are not merely punitive; they are a masterclass in building robust governance frameworks. There are several important points for every compliance officer.

1. Empower Your Compliance Function. An independent compliance officer is a figurehead. Employment protections, direct reporting lines to the board, and clear mandates are essential to ensure the CCO can act as an effective watchdog.

2. Prioritize Transparency. Transparency must be embedded in governance structures. Mechanisms like annual compliance reports provide critical insights into organizational risks and ensure the board has the information needed to fulfill its oversight role.

3. Strengthen the Board. Boards should be diverse, independent, and active in their oversight responsibilities. Critical steps include refreshing board membership and ensuring committees are free from undue influence.

4. Focus on Financial Controls. Weak financial controls are a common thread in governance failures. Organizations should implement robust policies to monitor executive spending, conflicts of interest, and other high-risk areas.

5. Learn (and Use) from Templates The Court Order includes detailed templates for compliance reports, employment contracts, and governance policies. While tailored to the NRA’s specific issues, these documents can serve as starting points for any organization seeking to strengthen its governance practices.

Good Governance Is Universal

Good governance transcends an organization’s specific mission or values. Whether your entity is a nonprofit like the NRA, a public company, or a private enterprise, strong governance principles, an empowered board, Transparency, and accountability remain constant. Judge Cohen’s reforms highlight the importance of building durable structures that withstand the pressures of powerful personalities and shifting priorities. These reforms serve as a reminder that governance is not just about preventing crises but ensuring the organization stays true to its mission.

The NRA’s governance overhaul is a cautionary tale and an opportunity for all compliance professionals. By studying the Court’s findings and implementing similar reforms, organizations can build stronger foundations for accountability and ethical leadership.

In the words of Matt Kelly, “Good governance is a universal principle dependent on building durable structures for transparency and vigorous oversight.” Let this case inspire your efforts to create governance frameworks that protect your organization’s integrity, irrespective of its mission or values.

Categories
Blog

Mentoring in Compliance

When done well, mentoring is a proven tool for engagement and retention, yet it’s often underutilized, overlooked, or poorly communicated. In our compliance profession, many folks hold themselves out as mentors. The ladies of Great Women in Compliance, the founders Lisa Fine and Mary Shirley, and the current crew, including Hemma Lomax, Sarah Hadden, and Ellen Hunt, all are compliant mentors. Nick and Gio Gallo are two who immediately come to find each other.

But what about inside the corporate world? What can compliance professionals and business leaders do to transform them into impactful retention strategies? Although 98% of Fortune 500 companies have mentoring programs, only 37% of professionals benefit from them. Why are mentoring programs failing to deliver on their promise? In a recent HBR article entitled, Why Mentoring Programs Fail — and How to Make Them Worthwhile, authors Andy Lopata, Ben Afia, and Ruth Gotian examined this question.

They found that the issue lies not with mentoring but in the underutilization and ineffective reach of many mentoring programs. Programs are frequently confined to a small group of employees or need more communication and visibility to attract participation. Many potential mentors might need more time to be able to commit to meaningful mentorship, leading to a cycle of under-engagement. The authors have developed strategies for corporations, and I have adapted their work for mentoring in the compliance profession.

The Underutilization Problem: A Disconnect in Awareness and Access

The issue is outside mentoring itself. Studies consistently show its ability to boost productivity, engagement, and employee satisfaction. The real problem lies in underutilization and visibility. Many mentoring programs are confined to select groups, poorly communicated, or lack structure. The problems include employees needing to be aware of these programs or learning to access them. Potential mentors are often overwhelmed with their workloads and hesitate to commit. Finally, the benefits of mentorship could be better communicated, leading to disinterest.

Yet, as the authors report, there is good news. “These are solvable problems.”

Tailoring Communication: Meet Employees Where They Are 

The manner in which mentoring programs are communicated makes all the difference. A generic, top-down announcement will not resonate in today’s workplace. Employees, particularly Millennials and GenZers, want personalization. They see themselves as consumers of workplace experiences, choosing opportunities that align with their needs and goals.

To engage employees, communication about mentoring programs must reflect these preferences. Think of it as marketing an opportunity to your internal audience. Here’s how you can reframe communication to connect with different employee motivations:

  1. Highlight Practical Benefits. This means to focus on what is in it for them. Spell out how mentoring will advance their careers, help them gain new skills, or open doors to leadership opportunities. Employees need to see tangible outcomes in order to care.
  2. Align with Organizational Values. This is a great opportunity to connect mentoring to your company’s broader culture and mission. If mentorship ties into your long-term organizational goals, employees seeking alignment with corporate values will feel inspired to participate.
  3. Promote Personal and Professional Growth. Many employees want opportunities to grow, not just professionally but personally. Position mentoring as a tool for achieving long-term career aspirations and self-improvement. The bottom line is that by tailoring your communication to individual preferences, you create a more interesting invitation to participate.

The Power of Storytelling: Making Mentorship Tangible

Most compliance professionals need to connect storytelling and mentorship. Yet, for most people, data and directives rarely inspire action. Storytelling can move people. Companies can make mentoring programs more engaging by spotlighting genuine success stories of employees whose careers were transformed through mentoring.

Storytelling works for several reasons. First, it humanizes the benefits of mentoring. Employees see themselves in others’ experiences. Next, it creates aspiration. Hearing how someone else achieved success makes the program feel attainable.  Finally, it provides proof of impact. Employees are more likely to believe in a program if they see results.

There are multiple approaches to storytelling in mentoring. They include the sharing of video testimonials from mentors and mentees. You can feature mentoring success stories in newsletters and town halls. Overall, company culture will move forward by celebrating mentorship milestones, such as promotions or achievements in your organization. Most importantly, instead of a vague announcement about the “importance of mentoring,” show what mentoring achieves for real people. That is certainly a way you inspire participation.

Senior Leadership: Champions of Mentoring 

As with almost everything else in an organization, from the good to the bad to the ugly, it is all about Tone at the Top. Senior management elevates mentoring programs from “nice to have” to “essential.” Leadership advocacy does not stop at approving a program; it requires active, ongoing engagement.  How can senior management walk the walk of mentorship? Senior management can amplify mentoring initiatives by sharing their experiences as mentees or mentors. They can speak regularly about the benefits of mentoring in meetings or company-wide addresses.  They can work to recognize publicly the successes that emerge from publicly mentoring partnerships. Finally, they can serve as mentors themselves to show their commitment. When senior management champions mentoring, they send a clear message: mentoring is integral to organizational success, not a box to check. This visibility encourages participation at every level of the company.

Expanding Access: Inclusion Drives Engagement 

Traditionally, mentoring programs have been reserved for “high potential” employees or leadership tracks, leaving large portions of the workforce underserved. Limiting access undermines both employee engagement and retention. A truly impactful mentoring program must be inclusive and accessible to all employees. Broaden your access by making mentoring part of your performance management. Ensure you address the burden on senior mentors while expanding access to guidance. When access is equitable, mentoring becomes a tool for company-wide development, fostering a culture of growth and support.

Employee Acquisition and Retention: Mentoring as a Cornerstone

In a job market where talent is constantly moving, attracting top talent is a competitive advantage. When thoughtfully implemented, mentoring delivers measurable outcomes:  higher productivity, increased loyalty, and a more engaged workforce. For compliance professionals, the lesson is clear: mentorship programs are not just another box to check. They are a strategic tool for building a resilient, motivated, loyal workforce. By addressing common barriers and rethinking your approach to mentoring, you can transform these programs into powerful retention engines. Your employees are not simply a 9 to 5 job; they seek opportunities to grow, succeed, and thrive. By harnessing the full potential of mentoring, you meet that need and, in doing so, secure your organization’s future.

Transforming your mentoring program into a true retention driver requires a mindset shift. Mentoring cannot be treated as an HR initiative;  it must become a fundamental part of your organizational culture. Use strategic communication with targeted, employee-centric messaging. Share inspiring narratives that highlight mentoring’s tangible impact.

Engage senior leaders as champions and active participants. Expand mentoring to include everyone, not just select groups. When mentoring is integrated into your culture, its benefits compound higher employee satisfaction, greater engagement, and stronger retention.

In a job market where talent is constantly moving, attracting top talent is a competitive advantage. When thoughtfully implemented, mentoring delivers measurable outcomes: higher productivity, increased loyalty, and a more engaged workforce. For compliance professionals, the lesson is clear: mentorship programs are not just another box to check. They are a strategic tool for building a resilient, motivated, loyal workforce. By addressing common barriers and rethinking your approach to mentoring, you can transform these programs into powerful retention engines. Your employees are not simply a 9 to 5 job; they seek opportunities to grow, succeed, and thrive. By harnessing the full potential of mentoring, you meet that need and, in doing so, secure your organization’s future.

Categories
Innovation in Compliance

Innovation in Compliance – Boosting Corporate Culture Through Engagement with Stephan Poschik

Innovation comes in many areas, and compliance professionals must be ready for and embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. In this episode, host Tom Fox visits Stephan Poschik, an entrepreneur with over 23 years of experience in the health and wellness industry and founder of six companies primarily focused on coaching and consulting.

Stephan discusses his journey from Austria to running businesses across Europe and the United States and shares insights into his work with major corporations like Siemens, Toyota, and Volkswagen. The conversation highlights the importance of employee engagement, compliance, and corporate culture in driving productivity and ethical business practices. Stephan explains the dangers of disengaged employees and emphasizes the need for companies to create environments that foster engagement and loyalty.

Stephan also delves into the differences in corporate wellness practices between Europe and the United States and how cultural factors influence employee engagement and compliance. He shares his CHC process for assessing and improving corporate health, which involves gathering employee feedback and implementing changes across three dimensions: personal responsibility, leadership development, and process optimization. Stephan believes companies can enhance employee and organizational performance by focusing on these areas, ultimately making them more competitive in the marketplace.

Key highlights:

  • Stephan’s Background and Career Journey
  • Corporate Engagement and Compliance
  • The Impact of Disengagement
  • Cultural Differences in Corporate Wellness
  • Employee Engagement Strategies
  • Consulting Process and KPIs

Resources:

Stephan Poschik on LinkedIn

Corporate Health Consulting GmbH

Corporate Health Consulting & CHC Franchise LLC 

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
All Things Investigations

All Things Investigations – Mike Huneke on Navigating Uncharted Waters: Compliance Strategy in a Changing Administration

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox joined Mike Huneke to explore the impact of the recent election on corporate compliance and enforcement.

Key topics include the continuity of corporate enforcement, the focus on national security in anti-corruption efforts, and the implications of U.S. policies on business operations in China. The dialogue also highlights the importance of a holistic and multidisciplinary approach to risk management and the need for corporations to engage in public policy discussions proactively. Mike provides a nuanced perspective on how businesses can navigate the evolving regulatory environment through detailed analysis and real-world examples.

Key highlights:

  • Corporate Enforcement Trends
  • FCPA Enforcement Policies
  • China Policy and Business Implications
  • Holistic Risk Management Framework
  • Proactive Public Engagement

Resources:

Hughes Hubbard & Reed website

Mike Huneke

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending December 14, 2024

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should remember from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • South African politicians slam token fine levied on McKinsey. (FT)
  • South African government is not working with McKinsey for the G-20.  (Bloomberg)
  • Fifth Circuit invalidates NASDEQ diversity requirements. (Reuters)
  • Ex-Trafigura COO says he was negligent, not criminal.  (Bloomberg)
  • Senators asked TD Bank to release the investigation results. (WSJ)
  • Former TD Bank employee charged.  (CNN)
  • Continued robust export control enforcement is predicted. (WSJ)
  • Patagonia fighting forced labor through exploring ‘atomic make-up’ of clothing. (WSJ)
  • Appeals Court upholds law requiring the sale of TikTok. (Reuters)
  • Methode discloses FCPA investigation. (MSN)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

You can check out the Daily Compliance News, which features four curated compliance and ethics stories each day, here.

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Connect with Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
All Things Investigations

All Things Investigations: FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In part 5 of the 5-part series, host Tom Fox is joined by Sam Salyer on some key trends and highlights in enforcement and compliance from 2024.

Tom and Sam explore the smaller number of corporate enforcements and the significance of four individual trials, including the notable Myrta and Aguilar cases. Sam elaborates on the DOJ’s updated Evaluation of Corporate Compliance Programs (ECCP), emphasizing the importance of emerging risks and technology. They also delve into the DOJ’s new whistleblower program, its implications for internal compliance professionals, and the potential effects of the recently signed Foreign Extortion Prevention Act. This episode is a comprehensive wrap-up for compliance officers and legal professionals aiming to stay ahead in 2024.

Key highlights:

  • Enforcement and Compliance in Brazil
  • Enforcement in France and the Success of the Paris Olympics in Compliance
  • ESG for US companies under the Trump Administration

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Sam Salyer

Categories
Compliance Tip of the Day

Compliance Tip of the Day – Using AI for Continuous Monitoring

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance professional or just starting your journey, we aim to provide bite-sized, actionable tips to help you stay on top of your compliance game. Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

Today, we consider how AI allows compliance to take a proactive, data-driven approach to emerging risk analytics.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.