Categories
Great Women in Compliance

Debra Sabitini Hennelly, Part 2 series: Burnout, ESG and Ethical Leadership

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

Following on from our Part 1 from last week, we invite Debbie Sabatini Hennelly back for the second part of series where we discuss how a book became a deliverable that helped Debbie work through burnout which ties in nicely with the burnout discussion commenced in the first episode.  As someone who was previously an environmental lawyer, Debbie is one of the few people who is legitimately an ESG expert and shares with us some thoughts about how companies ought to approach ESG, as well as giving her view on whether or not Compliance should own ESG.  We also ask for Debbie’s advice about being a great leader and how to manage upwards when you have a difficult boss.

 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.  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).

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.

Categories
Compliance Into the Weeds

Compliance Issues from the Russia Invasion of Ukraine


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. This week, Matt and Tom take a somewhat somber view on the Russia invasion of Ukraine. Some of the issues we consider:

  • Discussion of sanctions.
  • What do sanctions mean for US, UK and EU countries?
  • How companies should think about doing business in Russia going forward.
  • What about energy production and consumption?
  • US company employees in Ukraine and Russia.
  • The role of China in a potential resolution.

Resources
Tom in the FCPA Compliance and Ethics Blog
Matt in Radical Compliance

Categories
Blog

War in Ukraine: Part 2 – Helping Employees in Ukraine

Almost all of the world has condemned the Russian invasion of the Ukraine and I will add my small voice to that condemnation. In trying to choose what to write, I did not want to emphasize or better the geopolitical commentary, so I decided to focus on how this invasion and its attendant fallout might impact compliance professionals and programs. At this point Russia has limited its attacks to Ukraine but my fear as more EU, other Western allies and the US respond with arms and technical support to the Ukraine government and army, we might see Russia unleash its cyber warfare specialists on those who are supporting Ukraine with material and other support. This week I am writing about some of the issues a Chief Compliance Officer (CCO) needs to think about now. Today, I consider employees in Ukraine.
Many of the issues related to Ukraine are similar to those we looked at when it came to Russia. Obviously Supply Chains which are centered in or go through Ukraine will be significantly impacted. However, as you move west from Ukraine there may soon be greater disruptions into Poland and other eastern European countries as the war intensifies and continues unabated. While many US, UK and EU companies have employees in Russia, they are not now under attack. What can or should you do for your employees that are domiciled in Ukraine?
 Contact and Other Information
Some of the things I learned in weather related emergencies on the Texas Gulf Coast are applicable to the current situation and some are more unique to a war-torn environment. The first thing you need to do is have a full list of all your employees, together with primary and secondary contact information. According to Remote.com this is because “it is common for means of communication to become unreliable. Your team members in Ukraine may lose access to the internet for a few hours or days at a time. If that happens, your people will need to know how to reach you. Provide a direct phone number so you do not lose contact should a member of your team lose internet access.”
Beyond this basic contact information, you should also confirm all employee information. Accurate records can be extremely important in recovery after conflict or for relocation purposes. Ascertain your organization has “the most up-to-date information for all of your team members  in Ukraine, including addresses, bank account information, legal status, citizenship, and anything else that may be important.” The next step would be to “scan and store significant documents to protect against potential loss or damage. Your HR or people team should handle this duty to preserve any documents sent while maintaining the privacy and confidentiality of your” employees’ sensitive personal information.
Financial Support
Banking services will become untenable at some point. Your organization may want to provide advance funding to Ukrainian employees ahead of normal payroll cycles to assist in recovery or relocation. Even if banks, ATMs or cash points remain open they still have to be physically replenished with hard currency. Of course, internet access will become unreliable during conflict. Your employees may not be able to access their funds, or they may need to receive funds quickly and “delivered directly to accounts other than their usual bank accounts. Please keep in mind that paying for services in deemed unsecured cryptocurrencies is currently prohibited in Ukraine. As always, delivering funds outside traditional bank accounts can carry additional risks, so be careful to ensure the funds actually reach the person you are trying to help.”
There can be other forms of financial support, including giving paid time off until the situation has stabilized, or by paying for relocation costs such as hotel fees and travel expenses. Companies might also look at providing supplies to their employees including the delivery of groceries, medicine and other much needed products directly to employees. Coordinate with your employees about this option and offer to pay for any supplies they might need at this time. Lano notes, “A precondition for any further assistance is that you remain in constant contact with your employees. Several daily check-ins are advisable in exceptional situations in order to be informed first-hand about what is actually happening on site and to be able to initiate immediate actions if necessary.”
Relocation
Many of your Ukrainian employees will choose to stay in their country, but others will want to leave, either during the height of the conflict or in the event of a Russian occupation. There are already rumors of Russian kill lists. Make sure you talk to your employees about this possibility and support them in finding a new temporary home. Providing relocation assistance for your employees and their families may be one of the most critical pieces of support you can offer. This could include such services as “emergency immigration, special work permits, and emergency visas may all be options for team members wishing to leave the country.” Drawing from my experiences during the evacuation of New Orleans after Hurricane Katrina, companies who have offices in different locations might be able to source support within a local team or mobilize colleagues from different offices to connect and provide a temporary shelter.
Connections, Connections, Connections
Do not assume people want to be left alone. According to DistantJob, “The first thing you can do to help your employees affected by the Ukrainian-Russian conflict is asked them how they are doing. Make it clear that the most important thing right now is for them to be safe, so clear their schedule, and let them know they are in no obligation to attend any meetings or meet any deadlines.”
However, some people may prefer to remain in contact as usual. Allow your employees to decide what makes them most comfortable and accommodate those choices to the best of your ability. Along similar lines, obtaining reliable information inside a war zone can be problematic at best. Already many of Ukraine’s government websites were hit by cyberattacks, making it even more difficult for Ukrainians to receive communications through official channels. From outside the country, you may be able to relay information your employees will be unable to discover on their own. Watch for news that may be helpful to your employees, especially if they lose internet access. Share information you come across that may be related to providing food, water, shelter, or transportation in the areas where your employees reside.
But most importantly connect, connect and then connect more.
Next up, a look at Supply Chain issues.

Categories
The Compliance Life

Audrey Harris-Academic Career and Early Professional Background in FCPA Investigations

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 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, my guest is Audrey Harris, who handled FCPA cases before the explosion of FCPA enforcement actions in the early 2000s, sat in the CCO Chair, led compliance program work back in private practice, and now as Managing Director for Global Anti-corruption, Compliance, Ethics & Non-Financial Risk at Affiliated Monitors Inc.

Audrey graduated from Central Florida with a BA, got a MA at the University of Miami, and her law degree from Georgetown. A question about whether she wanted to go to South Beach when she was a summer clerk at Kirkland & Ellis led to FCPA work and eventual partnership at Kirkland. When she began, it was a different time in FCPA enforcement, pre-2004, and the explosion in FCPA growth. In this role, she loved problem-solving and seeing patterns, and asking why (and why and why).

Resources

 Audrey Harris on LinkedIn

Audrey Harris on Affiliated Monitors, Inc.

Categories
Blog

War in Ukraine: Part 1 – KYC, Who Is in Your Supply Chain and Third Parties

Almost all of the world has condemned the Russian invasion of the Ukraine and I will add my small voice to that condemnation. In trying to choose what to write, I did not want to emphasize the better the geopolitical commentary, so I decided to focus on how this invasion and its attendant fallout might impact compliance professionals and programs. At this point Russia has limited its attacks to Ukraine but my fear as more EU, other Western allies and the US respond with arms and technical support to the Ukraine government and army, we might see Russia unleash its cyber warfare specialists on those who are supporting Ukraine with material and other support. This week I am going to write about some of the issues a Chief Compliance Officer (CCO) needs to think about now. Today, I consider Russia.
The list of sanctions is growing as the situation on the ground becomes more intense and dynamic, so you need to be in constant contact with your operations, sales and supply chain functions. At this point, you should probably add Belarus to that list as they appear to be the only other country actively supporting Russia at this point. Given the US, EU and UK sanctions that have been levied and likely will be sanctioned over the next few days and weeks, at this point your organization probably needs to prepare for a full ban on sales from your organization into Russia. Russia (and Belarus) appears to be headed to the same list as North Korea and Iran and your business needs to ready.
Know Your Customer
One of the first thing every CCO needs to do right now is determine what goods, products or services flow from, through or to Russia. This means knowing who your customers are and where they are located. If you have not stopped selling to any Russian companies now you probably need to stop tomorrow. But this inquiry does not stop or even start at the Russian border. It means any products which might go into Russia through any of your sales channels. Do you have distributors? What countries are they in? Same inquiry for resellers. Any entity that can get your company’s products into Russia needs to be determined now. Make preparations now to cease all business.
Time for your legal department to start looking at every force majeure clause in every contract. Because of where I live, I have looked at force majeure clauses almost every hurricane season and I cannot remember one that did not include a war clause. I rewrote many such clauses to make such pandemic and other health emergencies covered. But your corporate legal department needs to be ready to invoke them under the war clause.
Who is in Your Supply Chain?
The same level of inquiry you put into KYC right now should go into your Supply Chain. Obviously if you have suppliers in Russia, you need to be prepared to jettison that relationship. However even if you do not formally or legally terminate those relationships, your organization needs to be ready for serious disruptions for any components you may be depending on for your company’s products. But once again it is not simply your direct suppliers. If you have never done a deep dive into at least five levels of your supply chain, NOW is the time do so. If there are base materials or component parts coming to your organization from that part of the world anywhere in your supply chain, you had best appreciate that risk sooner rather than later. The Financial Times (FT) has reported that Russia “is also an important source of metals used in manufacturing such as nickel, titanium, palladium and aluminium. Titanium is needed by aircraft and aero-engine manufacturers such as Boeing, Airbus and Rolls-Royce, while palladium is used in catalytic converters, electrodes and electronics.” Indeed, 14% of the world’s aluminium comes from Russia.
Even if you can still have the parts manufactured, you still must bring them to your manufacturing facilities, either in the US or Europe. Thomas L. Friedman, writing in the New York Times (NYT), said, “if Poland just halts truck and rail traffic from Russia to Germany, “as it should,” it would create immediate havoc for Russia’s economy, because the alternative routes are complicated and need to go through a now very dangerous Ukraine. Anyone up for an anti-Putin trucker strike to prevent Russian goods going to and through Western Europe by way of Poland? Watch that space. Some super-empowered Polish citizens with a few roadblocks, pickups and smartphones could choke Russia’s whole economy in this wired world.” If the fighting continues much longer, we will begin to see major transportation disruptions spreading not only from Russia and Ukraine but also to eastern Europe.
Third Parties 
At this point, I hope that ever CCO knows who their third-party sales agents are and that they are monitored on a regular basis. I also hope this same level of knowledge extends down to other third parties such as distributors, joint venture (JV) partners or other types of business relationships in Russia. Indeed the Washington Post announced BP was pulling out of its JV with Rosneft. But more than simply those direct relationships, you can sell your organization’s products into Russia through resale. When was the last time, you looked at your End User report? If it has been more than a few months, I would suggest that you move such a review to the top of your list early this week.
Every multinational organization needs to be fully engaged on these matters and a host of others. Michael Peregrine, writing in Forbes.com last week, said that corporate boards can perform the dual role of both governance and providing support to senior management. Indeed, they may well be obligated to do so. For every CCO reading this I would suggest you call the head of your compliance committee, tell them what you are doing, see what information they want and ask what resources they might be able to provide to you now.
Tomorrow, I will review some issues when looking at Ukraine.

Categories
Blog

KT Corp. FCPA Enforcement Action: Part 3 – Lessons Learned

This week I have been exploring the KT Corporation settlement Foreign Corrupt Practices Act (FCPA) with the Securities and Exchange Commission (SEC) via a Cease and Desist Order (the Order) for “disgorgement of $2,263,821, prejudgment interest of $536,457, and a civil money penalty in the amount of $3,500,000” bringing the total fine and penalty to just over $6.3 million. In prior blog posts, we looked at the background and considered the bribery schemes in some detail. In this post we conclude with some lessons learned for the compliance professional.
Culture
It really is all about culture and one can only conclude from reading the Order, that KT Corp. had one of the most corrupt cultures around. First was the length of the bribery schemes detailed in the Order, which stated, “From at least 2009 through 2017, high-level executives of KT maintained slush funds, comprised of both off-the-books accounts and physical stashes of cash, in order to provide items of value to government officials, among others.”.
Next, it all started at the top where the Chief Executive Officer (CEO) himself was running a slush fund for the payment of bribes from 2009-2013. How was the pot of money created to pay bribes? The CEO simply created fake bonus payments for other senior execs, who cashed in those fraudulent payments and proceeded to return them to the CEO. He then kept the cash in a company safe on premises of the corporate headquarters.
When the slush fund story was broken open by the Press in South Korea, the company did not take the opportunity to self-disclose, remediate the deficiencies discovered or even stop the bribery and corruption. Instead, KT Corp. officials “devised a new method to continue generating a slush fund.” Clearly this was a company that was committed to feathering its nest via bribery and corruption.
That next method was to order gift cards from a vendor who laundered the payments from KT Corp. This vendor literally delivered cash in manilla envelopes to his designated bag man at KT Corp. in the parking lot of the corporate headquarters. This money was kept in a series of locked strong boxes. Who ran this fraud and money laundering scam? The Corporate Relations Group. Clearly this was an organization with corruption burned into its DNA.
Lesson – If your CEO is corrupt, it will flow all the way down the organization. This is the direct responsibility of the Board of Directors to terminate the CEO and oversee the required changes. Here the Board was on full notice as late as 2013 and did nothing.
Hiring
Another feature of the bribery scheme was hiring close associates of corrupt government officials. While this does not neatly fit into a Princeling claim as it was not apparently a family member, the connection was close enough to be “something of value”. Moreover, KT Corp also directed millions of dollars in marketing work to an agency that was so inept, it could not pass KT Corp. vendor retention requirements. As the Order somewhat dryly noted, “without conducting due diligence on the individuals or the agency, KT paid the two individuals a total of $454,009 in salaries and the advertising firm a total of $5.88 million in fees.”
Lesson – Human Resources (HR) and Supply Chain (SC) both have a role in any best practices compliance program. If a hiring candidate cannot meet the hiring criteria, it should be the end of the process, full stop. Similarly, if a third-party cannot meet your vendor requirements, you should not hire them. If you have to rewrite the rules to bring on a new vendor, that is a red flag that usually cannot be cleared.
Business Ventures
Most compliance professionals are aware of the risks of joint ventures (JV). But risk and their management must go beyond the technical form of a legally created JV to all types of business ventures. In Vietnam, KT Corp. participated with a consortium to bid on the Vocational Colleges Project. KT Corp. learned from its original consortium partner that a corrupt agent was to be paid a fee of 10% of the project cost. This corrupt agent would then pass on 7% of the project cost to a corrupt government official for sending the business their way. However, this consortium partner did not want to be responsible for the agent’s fee due to the risk involved. KT Corp. reorganized the consortium and assumed responsibility for paying the agent’s fee. KT Corp. also negotiated with the corrupt agent that the fee would be 8.5% of the project cost, which included $550,000 for Official 1.
KT Corp. did not end there as it arranged for a subcontractor in the consortium to become its new consortium partner and tasked them with the responsibility of paying the agent fee. The purpose of the arrangement was to distance KT Corp. from the agent, as well as to conceal the agent from their internal review process. The agent review process was a financial risk review, not an anticorruption review, the KT Corp. managers wanted to avoid any questions about the relationship with the agent. Paying the agent through Partner 2 enabled KT Corp. managers to bypass the review.
Lesson – Your full risk management strategy must be used in all different types of business ventures, not simply legally formed JVs. Consortiums, teaming agreements and other types of informal partnerships are all subject to the FCPA and present different types of risks which must be managed.
Jurisdiction
Finally, a word about FCPA jurisdiction. You might reasonably wonder how a private South Korean company, paying bribes to South Korean politician as well as Vietnamese government officials could generate US legal jurisdiction. The answer is relatively straight-forward and was stated in the Order, “KT Corporation (“KT”) is South Korea’s largest comprehensive telecommunications operator, with its principal executive offices in Seoul, South Korea. KT’s American Depositary Shares (ADRs) are registered with the Commission pursuant to Section 12(b) of the Exchange Act and trade on the New York Stock Exchange. KT files periodic reports, including Form 20-F.” ADRs refers to a negotiable certificate issued by a US depositary bank representing a specified number of shares—usually one share—of a foreign company’s stock. ADRs trade on the US stock market as any domestic shares would. ADRs allow foreign entities to attract American investors and capital without the hassle and expense of listing on US stock exchange. The tradeoff is that by listing ADRs, a foreign firm subjects itself to US jurisdiction. In this case it was FCPA jurisdiction, and it generated a requirement for accurate books and records and effective internal controls. KT Corp. has neither.
Lesson – If you are a non-US entity you should check with your legal department to see if your company is listing ADRs and determine how your organization will meet the books and records and effective internal controls requirement. You might also do some type of analysis to see if your potential FCPA risk is worth the ADR listing because any enterprising whistleblower could put themselves in line for a SEC bounty payment by turning in their organization for FCPA violations.

Categories
Corruption, Crime and Compliance

Episode 224 – 2022 Ethics and Compliance Predictions


Ethics and compliance professionals believe in their mission – if they did not, they would not be in the field. E&C professionals believe in the power of positive thinking, ethical conduct, and the overall ability of an organization to operate as an “ethical” company. They work for their mission, and it is a positive mission. The New Year is a great time for E&C professionals to take stock of their compliance programs and plot out a path forward. Luckily for most compliance professionals, there are many opportunities to advance their objectives. E&C is poised for another big jump on the corporate governance ladder, and this is a big year for E&C professionals to push their respective companies to support such efforts. There are three significant trends that will continue to play out this year that create opportunities. These three trends, which I will discuss in greater detail, are:
(1) the continued emphasis on the importance of corporate culture;
(2) the importance of ESG and, in particular, the “G” element;
(3) the current Administration’s aggressive enforcement and regulatory initiatives.
In this episode, Michael Volkov reviews these important ethics and compliance trends.

Categories
Blog

Innovation in Compliance: Getting Culture Right

This week, we are exploring the topic of Innovation in Compliance by considering some of the newest business strategies which can be applied by the compliance profession to corporate compliance programs. My inspiration comes from MIT Sloan Management Review Winter Edition. Today, I want to head in a different direction and provide some guidance on getting your organization’s culture right.
As most readers will recall, a very large part of Deputy Attorney General Lisa Monaco’s October 2021 speech dealt with corporate culture. Regarding culture, Vin DiCianni, founder of Affiliated Monitors, Inc. (AMI), said of Monaco’s remarks, the “announcement by Deputy Attorney General Lisa Monaco and the Justice Department reignited the agency’s concentration of corporate and individual liability for white collar crimes. In doing so, she emphasized to businesses, their leadership and the attorneys who represent them on the importance of implementing and maintaining strong effective compliance programs and how DOJ will continue to look at these programs going forward.” In other words, the criticalness of culture is now paramount. Chief Compliance Officers (CCOs) need to 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 around corporate culture and how CCOs can move forward to lay the foundation of one.
In the piece the authors explored “What distinguishes a good corporate culture from a bad one in the eyes of employees?” Of course, culture always starts at the top but unfortunately, the authors noted that “an organization’s official core values signal top executives’ cultural aspirations, rather than reflecting the elements of corporate culture that matter most to employees.” It is only by listening to what employees want that you can begin to understand how to improve culture. The authors found 10 key elements of culture that mattered most to employees.

  1. Employees feel respected. Employees are treated with consideration, courtesy, and dignity, and their perspectives are taken seriously. This is by far and away the most important factor and “the single best predictor of a company’s culture score is whether employees feel respected at work. Respect is not only the most important factor, it stands head and shoulders above other cultural elements in terms of its importance. Respect is nearly 18 times as important as the typical feature in our model in predicting a company’s overall culture rating, and almost twice as important as the second most predictive factor.” The implications of this finding go to communications and a speak up culture and how they might be used by a compliance function.
  2. Supportive leaders. Leaders help employees do their work, respond to requests, accommodate employees’ individual needs, offer encouragement, and have their backs. Here the authors found “Employees describe supportive leaders as helping them do their work, being responsive to requests, accommodating employees’ individual needs, offering encouragement, and having their backs. Leaders, of course, influence all aspects of culture, but being a source of support for employees is especially critical and is the leadership trait most closely associated with a highly rated culture.” This ties back into the respect finding and also ties into a speak up culture and trust at an organization.
  3. Leaders live core values. Leaders’ actions are consistent with the organization’s values. While the regulators focus on this issue, employees need to see leaders not simply espousing words but actually doing deeds. Perhaps most interestingly, “Employees don’t expect leaders to live the core values, but they appreciate it when they do.”
  4. Toxic managers. Leaders create a poisonous work environment and are described in extremely negative terms. Nothing will kill culture faster than a toxic manager. From the compliance perspective, this can be a disaster for not only does a toxic manager poison the atmosphere of those around them, but also those who train under him or her will garner their toxic approach as a role model.
  5. Unethical behavior. Managers and employees lack integrity and act in an unethical manner. Once again this can portend a disaster for an organization. Integrity is the cornerstone of most organizations’ official culture and “Identifying toxic leaders, digging deeper to understand the context of their behavior, coaching them, or removing them from leadership positions are tangible actions organizations can take to root out people who are undermining corporate culture and potentially exposing the company to reputational or legal risk.”
  6. Benefits. Employees’ assessment of all employer-provided benefits. While initially this might not seem like a compliance issue, when you look at the DOJ mandate for corporate compliance to be the bearer of institutional justice and institutional fairness you begin to see the connection. Perhaps most interesting is that “benefits are more than twice as important as compensation. Benefits are important for all employees, but which benefits matter most depend on an employee’s job. Health insurance and benefits are a better predictor of culture rating for front-line workers, while retirement benefits such as 401(k) plans and pensions matter more for white-collar employees.”
  7. Perks. Employees’ assessment of workplace amenities and perks. This finding once again calls the CCO around institutional fairness and ties into the importance of talent attraction, acquisition and retention. Here the most interesting item I found for compliance was that “Among perks, company-organized social events are a particularly strong predictor of a high culture score. Even when you control for how employees talk about perks in general, social events like team-building exercises, happy hours, and picnics emerge as a reliable predictor of a high culture score. Organizing social events is a promising and relatively low-cost way executives can reinforce corporate culture as employees return to the office.” This provides insights on ongoing communications about compliance in the post-pandemic world.
  8. Learning and development. Employees’ assessment of opportunities for formal and informal learning. This finding also portends well for compliance in terms of both formal and information compliance training and messaging.
  9. Job security. Perceived job security, including fear of layoffs, offshoring, and automation. Most compliance functions do not consider job security as part of corporate culture. However, the authors note, “Job insecurity, however, weighs heavily on employees’ minds when they assess corporate culture. The larger the percentage of employees who talked about layoffs, outsourcing, or the possibility of getting fired, the lower the company ranked on culture.”
  10. Reorganizations. How employees view reorganizations, including frequency and quality. I found this not too surprising, but the authors did note, “Virtually no one has any good things to say about reorganizations.” Further, “the fewer people who mention reorganizations, the higher a company’s culture score. While you might associate the mention of reorganizations with layoffs and job instability, the data reveals that employee concerns on this issue speak to wider strategic issues for companies.”

CCOs and compliance functions face a series of challenges while navigating the post-COVID-19 return to work. Through corporate culture, companies must maintain a healthy culture as mandated by the DOJ. 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.”
Please join us tomorrow where we will look at why you need a career coach in compliance.

Categories
Great Women in Compliance

Jennifer Newton, CEO and Founder of NABCRMP

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

As this is Black History Month, we are thrilled to have Jennifer Newton join Lisa on this episode. Jennifer is the founder and CEO of the National Association of Black Compliance and Risk Management and Compliance Professionals (“NABCRMP”), NABCRMP, which is dedicated to networking, promotion and the advancement of Black Risk Management Professionals NABCRMP, which is dedicated to networking, promotion and the advancement of Black Risk Management Professional. In the past 18 months in particular, it has grown in numbers of employees, influence and incredible work to move our profession forward.

Jennifer shares some of the work that NABCRMP has done, including their first annual meeting, the building of networks, and the significant corporate sponsors supporting their initiatives.

Jennifer and Lisa also discuss the importance of having a diverse team – how can a team without different viewpoints and perspectives accurately view and consider risks? She also discusses her view about how risk and compliance professionals are well placed to collaborate on DEI initiatives.

We also get to hear about the opportunities that NABCRMP has for us to help mentor and support a new generation of Black risk and compliance professionals and make compliance an inclusive space.

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.  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).

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.

Categories
Blog

Innovation in Compliance: Compliance Brand

This week, we are exploring the topic of Innovation in Compliance by considering some of the newest business strategies which can be applied by the compliance profession to corporate compliance programs. My inspiration comes from MIT Sloan Management Review Winter Edition. Today, I want to explore why Chief Compliance Officers (CCOs) and corporate compliance need to move beyond simple trust to engage their stakeholders more fully.
In Moving Beyond Trust: Making Customers Trust, Love, and Respect a Brand, authors Andreas B. Eisingerich, Deborah J. MacInnis, and Martin Fleischmann posit that the most admired brands find innovative ways to enable, entice, and enrich customers. The concepts that the authors put forward should resonate with every CCO and compliance professional. Always remember that as a compliance professional, your customers are your stakeholders, employees, senior management and third parties. If you can go beyond trust to build a brand with them, not simply will your relationship be stronger, but you will finally move to becoming part of the team to get things done.
Brand Admiration
I am still persuaded by David Baldacci and James Patterson who both said in writing masterclasses that your brand is your word. If that is your goal as a compliance professional, its achievement can pay big dividends with your Business Development (BD) folks. As the authors put it, “Positive emotions like gratification from brand usage and pride from brand ownership generate a tight link between the brand and customers. Brand trust, love, and respect don’t just give meaning to customers’ lives; they also create a safe haven where things seem right with the world, especially in turbulent times.” As a compliance professional you might not be able to achieve that, but you can come very close, especially if you are seen as the keeper of institutional justice and institutional fairness at your organization.
Brand Benefits
Customers look at what benefits brands will bring to them, as in ‘What’s in it for me?’ That is almost antithetical to how compliance professionals view a corporate compliance program. A shift in thinking is therefore in order. Indeed, the authors write, “Benefits refers not to what features the product offers or has but rather how it helps customers meet their needs, wants, and goals. As Harvard Business School professor Theodore Levitt famously quipped, customers don’t want a quarter-inch drill; they want a quarter-inch hole. Whereas product features can help realize benefits, the benefits themselves lead customers to the marketplace.” If a compliance function shifts its thinking to this model, it may well portend a different view when compliance comes knocking.
Moreover, what customers want from products and services is similar to what employees want from compliance. “They want benefits that enable, entice, and enrich them. We call these benefit types the 3 E’s.1 Many brands do a good job of offering one type of benefit (usually enabling benefits), but brands that truly resonate with customers stand out by providing all three types. Indeed, our work shows that when combined, the 3 E’s have an exponential effect on enhancing customers’ quality of life and hence the brand’s value to customers.”
Brands Solving Problems
The real key to having compliance seen as a benefit is to help business representatives solve problems “in ways that are economically feasible, reliable, efficient, and convenient.” When a corporate compliance function genuinely enables stakeholders to do business, it removes all negative connotations associated with the compliance department as “The Land of No, headed by Dr. No”. Such states “like frustration, anxiety, fear, impatience, and anger; which inhibit admiration and loyalty” can be overcome and a corporate compliance function can move to “instead foster peace of mind and satisfaction.” How can a compliance function do so?
One manner is through resolving problems. Brands can provide enabling benefits by enabling employees “to solve their problems — both small and large — at work or … in their business relationships.” This in turns gives employee and other stakeholders a greater “sense of agency in solving their problems, they experience a greater sense of control over their environments. This in turn leads to a sense of relief and security from future threats.”
Another manner which might seem less obvious to compliance professionals is through the conservation of resources. Benefits from compliance can also enable employees and other stakeholders differently, “by helping them conserve scarce time and monetary, psychological, and physical resources,” a successful compliance brand helps employees to be less mentally taxed, less tired, and less anxious. As the authors state, “When a brand consistently enables customers over time, they begin to trust the brand. They know that they can rely on it to solve their functional problems and conserve their scarce resources.”
This means that if your compliance function can help make your organization operate more efficiently, it can be a benefit separate and apart from increasing sales. Here the use of data and data analytics can help to lead the way. As the Department of Justice (DOJ) mandated,   compliance must have access to all data across an organization. The data and analysis can be used to make other processes, for example in QuoteToCash (QTC) on the sales side or ProcureToPay (P2P) on the supply side, more efficient, saving not simply physical resources but also the resource of time.
When you think about solving problems with creating more efficiencies and saving employees time, thereby benefiting them with the gift of time, you can begin to see how compliance might be seen in a new light. Whatever specific strategy you might use, compliance can become a successful brand by offering enabling, enticing, and enriching benefits in authentic ways, and becoming an essential and indispensable part of employees and other stakeholder’s lives.
Please join us tomorrow where we will look at the 10 things a corporate culture must get right.