Big Brains In Compliance is the newest show on the Compliance Podcast Network featuring Tom Fox, the Voice of Compliance, and Stephen Martin, Partner at StoneTurn. In this week’s show, Tom chats with Stephen about the Six Elements framework Stephen helped develop. They discuss why it’s important and how companies can use it to construct a comprehensive compliance program that satisfies government requirements and drives an ethical culture.
The Six Elements
Typically business leaders would either find compliance programs too legalistic, so they would tune out, or believe that they would never run afoul of the guidelines, so they didn’t need to care. Stephen says they created the Six Elements framework for CEOs and companies to have an easily digestible, practical guide to create an effective compliance program for their companies. It helps them to benchmark their existing programs, recognize the gaps, and make enhancements.
“[The Department of Justice] has become much more sophisticated in evaluating the effectiveness of your compliance program,” Stephen points out. The Six Elements allow companies to have a continuous cycle of monitoring and improvement in the key areas of compliance: risk assessment; governance and structure; policies, procedures, controls; training and education; oversight and reporting; and response and enhancements. “It gives you a very nice work plan of how to enhance,” Stephen says, “and it’s something that both helps you as a company but also you can then show to government regulators if you are ever asked about the effectiveness of your compliance program.”
Risk Assessment and Monitoring
Tom comments on the DOJ’s recent statement that you should do your risk assessment whenever your risks change. Stephen adds that the two areas of compliance that companies struggle with the most are effective risk assessment and oversight and monitoring. He shares how his company helps clients build a proactive risk monitoring protocol: this allows them to monitor their risk internally on an ongoing basis. He and Tom talk about the importance of Data Analytics in oversight and monitoring. It’s the number one question compliance officers ask, Stephen says. They all want to use data but they don’t know how. His company again takes a proactive approach by helping clients create dashboards to aggregate the data already present in the organization. This allows them to monitor key issues.
Culture
“How do you help a CCO… to help bring institutional justice and fairness leading to trust and a better culture to an organization?” Tom asks Stephen. Most compliance programs don’t focus on the ethics or culture side, Stephen admits. However, building an ethical culture and giving your employees the tools to speak freely, does more to protect your company than a compliance program in the long run. “Ethical leadership is the best compliance program that you could put in place,” Stephen argues.
Resources
Stephen Martin on LinkedIn
Tag: compliance
As the state of Texas goes dark due to cold weather and our jr. Senator Ted Cruz (#CancunTed) heads out to Mexico to get away from it all, Tom and Jay look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA.
- How does weather inform compliance? Tom explores from an undisclosed power and water free location in Texas. Managing Risk, Root Cause Analysis and Continuous Risk Assessments.
- What is the ‘Baader-Meinhof phenomenon’ and how does it inform compliance? Dick Cassin explores in the FCPA Blog.
- Embezzlement and corruption? CISCO discloses both in a filing. Dylan Tokar in the WSJ Risk and Compliance Journal.
- Former Braskem CEO in talks to plead out. Dylan Tokar in the WSJ Risk and Compliance Journal.
- Hiring and screening in a pandemic. Matt Jaye in CCI.
- How does Tom Brady (TB12) inform compliance? Jay explores in this LinkedIn
- Where is SEC enforcement going under Biden. Dylan Tokar in the WSJ Risk and Compliance Journal.
- On The Compliance Life, Natalia Shehadeh, CCO at ABB joins me this month. In the first episode, Natalia explained why she choose the compliance profession. Check out the Episode 1 and Episode 2. In Episode 3, Natalia discusses moving into the CCO chair.
- New podcasts out on the Compliance Podcast Network this month. In ComTech, Valerie Charles joins Tom for an exploration of the intersection of compliance and technology. Episode 2 which posted Monday, February 8, featured Parth Chanda, the Skywalker of Compliance. In Big Brains in Compliance, Tom is joined by Stephen Martin to visit with some of the top thinkers and doers in compliance. It premiered February 22. Finally Tom premiers a new video podcast (PodTube) on YouTube. The Compliance Handbook, a podcast on the nuts and bolts of compliance. In Episode 1, he is joined by Stephen Martin to talk about how to best think through a comprehensive compliance program. In Episode 2, Tom was joined by Mike Volkov to discuss the Board’s role in Compliance.
- A new AMI podcast is out, Integrity Through Compliance. It will have AMI’s expert observations and guidance in the fields of ethics, antitrust, healthcare, government contracting, corporate governance, cybersecurity, construction, telecommunications, consumer protection and more. In the Episode 1, AMI founder Vin DiCianni visits with AMI MD Jerry Coyne the future of telehealth & home healthcare during a pandemic and beyond. In Epsiode 2, Brenda Morris and Dionne Lomax visit with Jennifer Newton. In upcoming Episode 3 on February 24, Joseph K. West, Partner & Chief Diversity and Inclusion Officer, Duane Morris joins the podcast.
- On Thursday, February 25, join the “Ask an Expert FINQuiry” webinar on DOLFIN: K2 Integrity’s financial crimes compliance experts will respond to your AML/CFT, sanctions, and other financial-integrity-related questions. Information and Registration here.
- Join the Baker Tilly Fraud 1st Annual Fraud and Compliance Summit, Tuesday, Feb 23, 2021, to Thursday, Feb 25, 2021. Details and registration here.
- Interested in podcasting? Want to be a part of a Guiness World Record attempt? PodFest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Join Tom and others at Podfest Global Summit at any time during March 1-5. Best all of listeners to this podcast can attend at no charge. Register here, using promo code CPN.
- Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
Tom Brady cements his position as the GOAT of All Time with his Super Bowl win. Jay bemoans Tompa Bay using ‘his quarterback’ to win the Super Bowl. They are also back to look at some of the top compliance articles and stories which caught their eye this week.
- What is the state of the CCO in 2021? Mike Volkov takes a deep dive on the Crime Corruption and Compliance. Part 1-Looking Back and Looking Forward, Part 2-Troubling Trends, Part 3-a Coming Storm?
- What is the intersection of compliance, culture and covid? Calvin London explores in CCI.
- What comes next for ABC enforcement in Brazil? Sean Hecker, Marshall Miller, and Ana Frischtak in NYU’s Compliance and Enforcement
- 4 steps to building out a business continuity plan. Matt Kelly in Navex Global’s Risk and Compliance Matters.
- SEC reverts and allows more to do investigations. Aaron Nicodemus in Compliance Week. (sub req’d)
- Wirecard red flags missed. Dylan Tokar interviews former Wirecard CCO/CEO in the WSJ Risk and Compliance Journal.
- Retrieving WhatsApp messaging for an internal investigation. Andrew Reeves and David Harris asks in the FCPA Blog.
- The virtual Boardroom. Andrew Lepczyk and Barton Edgerton on the Harvard Law School Forum on Corporate Goverance.
- On The Compliance Life, Natalia Shehadeh, CCO at ABB joins me this month. In the first episode, Natalia explained why she choose the compliance profession. Check out the Episode 1. In Episode 2, Natalia talks about her professional jouney to the CCO chair, from Capitol Hill to Big Law to corporations.
- New podcasts out on the Compliance Podcast Network this month. In ComTech, Valerie Charles joins Tom for an exploration of the intersection of compliance and technology. Episode 2 posted Monday, February 8 and featured Parth Chanda, the Skywalker of Compliance. In Big Brains in Compliance Tom is joined by Stephen Martin to visit with some of the top thinkers and doers in compliance. It premiers February 22. Finally Tom premiers a new video podcast (PodTube) on YouTube. The Compliance Handbook, a podcast on the nuts and bolts of compliance. In Episode 1, he is joined by Stephen Martin to talk about how to best think through a comprehensive compliance program.
- A new AMI podcast is out, Integrity Through Compliance. It will have AMI’s expert observations and guidance in the fields of ethics, antitrust, healthcare, government contracting, corporate governance, cybersecurity, construction, telecommunications, consumer protection and more. In the Episode 1, AMI founder Vin DiCianni visits with AMI MD Jerry Coyne the future of telehealth & home healthcare during a pandemic and beyond.
- On Thursday, February 25, join the “Ask an Expert FINQuiry” webinar on DOLFIN: K2 Integrity’s financial crimes compliance experts will respond to your AML/CFT, sanctions, and other financial-integrity-related questions. Information and Registration here.
- Compliance Week is accepting nominations for its Excellence in Compliance Award. Submit your nominee here.
- Join the Baker Tilly Fraud 1st Annual Fraud and Compliance Summit, Tuesday, Feb 23, 2021, to Thursday, Feb 25, 2021. Details and registration here.
- Interested in podcasting? Want to be a part of a Guiness World Record attempt? PodFest Global Summit is a gathering for those who are passionate about sharing their voice and message with the world through audio and video. Join Tom and others at Podfest Global Summit at any time during March 1-5. Best all of listeners to this podcast can attend at no charge. Register here, using promo code CPN.
- Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
Categories
Evolving Roles in Compliance
Welcome to Leading the Way, a StoneTurn podcast. StoneTurn’s Leading the Way podcast series highlights the top compliance, legal and anti-fraud practitioners who are breaking down siloes and setting new standards for excellence worldwide.
In this premier episode, StoneTurn Partner Valerie Charles visits with Sam Pailca, Associate General Counsel, Microsoft and Andria Kelly, Director, Anti-Corruption & Investigations, Starbucks to hear their advice on the evolving roles of compliance for rising compliance practitioners and current CCOs alike.
Some of the highlights include:
- Their unique journeys into the field of compliance.
- How their careers have advanced in compliance.
- Why are more women becoming leaders in compliance?
- Women mentors in the compliance arena.
- How has WFH changed the compliance environment?
- Companies increasingly recognizing employees as stakeholders; what does it mean for compliance?
- The change in perception of compliance as a cost center to a value add.
- How to do effective training.
- The increasing use of data analytics in compliance.
Resources
StoneTurn
Sam Pailca LinkedIn Profile
Andria Kelly LinkedIn Profile
Welcome to this special podcast series, Integrity Matters: Assessing the Corporate Compliance Climate in 2021, sponsored by K2 Integrity. This week I visit with Bob Brenner, Co-Managing Partner and Chief Legal Officer; Snežana Gebauer, Executive Managing Director and head of U.S. Investigations and Risk Advisory, Americas. Over the week, we will consider various regulatory and enforcement issues with the incoming Biden Administration. Topics include assessing the regulatory landscape resulting from the pandemic, what companies can expect from new administration priorities, anti-bribery/anti-corruption issues and enforcement in 2021. In this concluding Part 5, I am joined by Snežana Gebauer to consider a few key themes and how a company can prepare for what is coming down the road into 2021 and beyond.
For more information go to the K2 Integrity website.
As Trump becomes the only person to have 2 impeachment trials, Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.
- Beny Steinmetz found guilty for corruption in Guinea mining concession. Imogen Foulkes in the com. Tom take a deep dive on the FCPA Compliance and Ethics Blog. Part 1-Background, Part 2-the Trial, Part 3-the Vale JV, Part 4-Final Thoughts.
- Do compliance officers need a peer review? Dick Cassin explores in the FCPA Blog.
- Should you have reps and warranties in your compliance terms and conditions? Bill Steinman considers in the FCPA Blog.
- 7 key changes to CA privacy laws. Andrew Burt in Navex Global’s Risk and Compliance Matters.
- A Significant ruling on HIPPA out of the 5th David Saunders and Allison Glover in NYU’s Compliance and Enforcement.
- Is an increase in SEC enforcement coming? Morgan Lewis lawyers in Harvard Law School Forum on Corporate Goverance.
- Why is FCA compliance so critical? Mike Debernardis in CCI.
- How to investigate a 60MM document case? Michael Dempsey in the BBC.
- On The Compliance Life, Gwen Hassan- Director of Compliance at CNH Industrial is back for her fourth and final episode. In it, Gwen explains her passion around fighting the international scrourge of human trafficking. Check out the episode here.
- This month, on 31 Days to a More Effective Compliance Program, I look back over 2020 and set out some of the key enhancements you need to do for your compliance program in 2021. Day 23 | Assessing compliance internal controls; Day 24 | Updates and feedback; Day 25 | CCO authority and independence; Day 26 | the role of compliance in an organization; Day 27 | operationalizing compliance though payroll; Day 28 | Continuous Improvement; Day 29 | Internal Reporting. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
- A new AMI podcast is out, Integrity Through Compliance. It will have AMI’s expert observations and guidance in the fields of ethics, antitrust, healthcare, government contracting, corporate governance, cybersecurity, construction, telecommunications, consumer protection and more.In this first episode, AMI founder Vin DiCianni visits with AMI MD Jerry Coyne the future of telehealth & home healthcare during a pandemic and beyond. Check it out here.
- Join K2 Integrity and the AIBACP for a webinar on February 17—National Defense Authorization Act: AML Compliance Implications and Priorities for the Banking Industry. Information and Registration here.
- Compliance Week is accepting nominations for its Excellence in Compliance Award. Submit your nominee here.
- Join the Baker Tilly Fraud 1st Annual Fraud and Compliance Summit, Tuesday, Feb 23, 2021, to Thursday, Feb 25, 2021. Details and registration here.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jonathan Armstrong, Jonathan Marks, Matt Kelly and Mike Volkov for a deep dive into what compliance may look like under the Biden Administration. We end with a veritable mélange of rants and shouts outs.
- Jonathan Armstrong joins us from London to consider what the new Administration might mean for the current British PM and his Administration. He rants about the renewed UK lockdown and how idiots are still not getting the need for it.
- Matt Kelly considers the Biden Administration appointments at the SEC, CFPB and OCC and how their philosophies on enforcement will impact compliance. Matt rants about the second-class citizenship created when CCOs have to report to GCs.
- Jonathan Marks looks at FBI and other enforcement agencies renewed vigor in investigating fraud, particularly around PPP and PPE. Marks shouts out to Amanda Gorman for her stirring poetry at the Biden Inauguration.
- Mike Volkov considers the appointments of Merrick Garland to be Attorney General and Lisa Monaco as Biden’s Homeland Security head and how they will work to clean up the disastrous mess left by the prior Administration. Volkov shouts out the Biden Inauguration Celebration and especially the 3 former Presidents remarks.
- Tom Fox has a bittersweet shout out to Hank Aaron who passed away last week.
The members of Everything Compliance are:
- Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
- Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
- Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
- Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
- Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com
The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.
The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. When it came to the corporate compliance function, 2020 FCPA Resource Guide, under the Hallmarks of an Effective Compliance Program, simply noted the government would “consider whether the company devoted adequate staffing and resources to the compliance program given the size, structure, and risk profile of the business.”
This Hallmark was significantly expanded in both the FCPA Corporate Enforcement Policy and 2020 Update. In the FCPA Corporate Enforcement Policy, the DOJ listed the following as factors relating to a corporate compliance function, that it would consider as indicia of an effective compliance and ethics program: 1) the resources the company has dedicated to compliance; 2) the quality and experience of the personnel involved in compliance, such that they can understand and identify the transactions and activities that pose a potential risk; 3) the authority and independence of the compliance function and the availability of compliance expertise to the board; 4) the compensation and promotion of the personnel involved in compliance, in view of their role, responsibilities, performance, and other appropriate factors; and 5) the reporting structure of any compliance personnel employed or contracted by the company.
The 2020 Update and FCPA Corporate Enforcement Policy both demonstrate the continued evolution in the thinking of the DOJ around the corporate compliance function. Their articulated inquiries can only strengthen a corporate compliance function specifically; and the compliance profession more generally. The more the DOJ talks about the independence of the compliance function, coupled with resources being made available and authority concomitant with the corporate compliance function, the more corporations will see it is directly in their interest to provide the resources, authority and gravitas to compliance position in their organizations.
Three key takeaways:
- How is compliance treated in the budget process?
- Has your compliance function had any decisions over-ridden by senior management?
- Beware outsourcing of compliance as any such contractor must have access to company documents and personnel.
As we move from the worst and most corrupt President of all time to the Biden Administration and Jay and Rebecca celebrate their daughters ascension to womanhood, Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.
- What does the FinCEN enforcement action against Capital One mean for compliance? Jaclyn Jaeger in Compliance Week. (sub req’d) Matt Kelly explores on Radical Compliance. Tom and Matt take a deep dive on Compliance into the Weeds.
- The OFAC year in review. Mike Volkov takes a deep dive in Corruption Crime and Compliance.
- The Boeing Fraud enforcement action? Tom take a deep dive in the FCPA Compliance and Ethics Blog. Dylan Tokar in the WSJ Risk and Compliance Journal.
- Poaching now legal? Paul Weiss lawyers on NYU’s Compliance and Enforcement Blog.
- Wells Fargo ex-GC spanked. Jaclyn Jaeger in Compliance Week. (sub req’d)
- UAE to fight money-laundering. Jon Rausch (returns) in Dipping Through Geomotries.
- More Caremark claims coming? Kevin LaCroix in the D&O Diary.
- Are you an introverted compliance professional? Now may be the time for you. Dick Cassin explores on the FCPA Blog.
- A new month is here and a new guest on The Compliance Life. Gwen Hassan- Director of Compliance at CNH Industrial. In this month’s third episode, Gwen explains why every compliance professional needs to stay culturally curious. Check out the episode here.
- This month, on 31 Days to a More Effective Compliance Program, I look back over 2020 and set out some of the key enhancements you need to do for your compliance program in 2021. Day 16 | 3Rd Party Risk Management Process; Day 17 | Managing Your 3rd parties; Day 18 | Levels of Due Diligence; Day 19 | The Investigation Protocol; Day 20 | Responding to Investigative Findings; Day 21 | Continuous Improvement; Day 22 | Internal Reporting. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
- Join K2 Integrity on January 27 to hear Olivia Allison and Joanne Taylor discuss the latest E
U regulatory developments in whistleblowing programs and investigations. Information and Registration here. - Compliance Week is accepting nominations for its Excellence in Compliance Award. Submit your nominee here.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
It is certainly a challenging time for the American Democarcy. For his high crimes and misdemeanors against the Constituion and American democary, President Trump has now been impeached for a second time. In the midst of the this, Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.
- Recidivist Deutsche Bank settles a second FCPA matter. Tom takes a 5-part deep dive on the FCPA Compliance and Ethics Blog. Matt Kelly looks at red flags and internal controls on Radical Compliance. Tom and Matt take a deep dive on Compliance into the Weeds.
- How the FCPA is big business. Harry Cassin explains in the FCPA Blog.
- Is an industry sweep headed your way? Dick Cassin explains in the FCPA Blog.
- Why you should welcome the NDAA? Matthew Stephenson in GAB. Jonathan Marks on Board and Fraud.
- How to use KPIs in your compliance program. Vera Cherapanova in the FCPA Blog.
- What are your Board resolutions for 2021? Steve Durbin in CCI.
- 2020 was a year of ethical challenges. Mike Volkov explains in Corruption Crime and Compliance.
- What are the C-Suite challenges brought on by Coivd-19? Shanil Williams in CCI.
- A new month is here and a new guest on The Compliance Life. Gwen Hassan- Director of Compliance at CNH Industrial. In this month’s second episode, In this second episode, we take up the tricky issue of balancing a role as a legal eagle for the company as well as her role in compliance. We also explore the different skill set needed for each of these careers and how it is possible to have both in one person. Check out the episode here.
- This month, on 31 Days to a More Effective Compliance Program, I look back over 2020 and set out some of the key enhancements you need to do for your compliance program in 2021. Day 9 | 360 Degrees of Compliance Communications; Day 10 | The Use of Social Media in Compliance; Day 11 | What is Effective Compliance Training?; Day 12 | Financial Incentives for Compliance; Day 13 | Institutional Justice and Fairness; Day 14 | Risk Assessments; and Day 15 | How do you evaluate a risk assessment?. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
- Join Tom on the Convercent event, “Future-proof your compliance program for 2021”, on Wednesday, January 20th | 11:00 am -1:00 pm ET. For details and registration, click here.
- Join K2 Integrity on January 27 to hear Olivia Allison and Joanne Taylor discuss the latest E
U regulatory developments in whistleblowing programs and investigations. Information and Registration here. - Compliance Week is accepting nominations for its Excellence in Compliance Award. Submit your nominee here.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
