Tag: compliance

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Innovation in Compliance

The Future of Communication in Financial Compliance: Part 3 – Data Analysis and Insight

This week, I have a special five-part podcast series sponsored by Verint on the Future of Communication in Financial Compliance. My guest in this series is Phil Fry, VP and GTM of Financial Compliance Strategy at Verint. Over this series, we will take a deep dive into the current status of communications in financial institutions, how to be or not be compliant, analysis and insight into the area, and how to avoid accentuating the negative and the human element in compliance. In this third podcast, we take a deep dive into data analysis and insights.

Phil Fry, the VP and General Manager of Financial Compliance Strategies at Verint, brings over forty years of experience in the financial compliance industry and a deep understanding of the challenges financial firms face in adhering to regulations amidst evolving communication modes. He specializes in enhancing surveillance systems through data analysis and risk management. His perspective on this topic is shaped by his commitment to bridging the gap between what is captured and what is perceived to be captured, with a focus on proactive compliance.

Fry believes that surveillance teams can make proactive and smarter decisions by utilizing early analytics and risk analysis on captured data, focusing on high-risk conversations. He also emphasizes incorporating additional metadata points, such as time, geography, and communication patterns, to enhance surveillance capabilities. Fry’s initiatives, which include plans to add emotion detection and real-time call translation capabilities, aim to provide valuable data and insights to various corporate disciplines. Join Tom Fox and Phil Fry on this episode of the Future of Communications podcast to learn more about his innovative approach to improving surveillance systems.

Key Highlights:

  • Bridging the Gap: Pre-surveillance Insights
  • Improving Surveillance Efficiency through Data Analysis
  • Uncovering Valuable Intelligence from Spoken Interactions

Resources:

Phil Fry on LinkedIn

For More Information check out Verint.

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31 Days to More Effective Compliance Programs

One Month to More Effective Compliance Through Culture: Day 11 – Psychological Safety in the Middle

Advancing ethical culture through psychological safety can be a powerful tool. But how can you determine the state of psychological safety in your organization? Once again using the article “Fostering Ethical Conduct Through Psychological Safety” as a starting point, “there are a number of things organizations can do to make it more likely that people will speak up when they observe unethical behaviors.” But one key is psychological safety, defined by co-author Edmondson as “a shared belief held by members of a team that the team is safe for interpersonal risk-taking” — or, put another way, that “we can say what we think” or “be ourselves around here.”

There is a non-siloed nature of psychological safety at the workplace. Ethics, risk management, legal and compliance functions, plus HR all share an interest in fostering such an environment. This mandates a cross-functional approach as an essential requirement of molding an organization’s culture to include psychological safety. The authors believe, “Managers throughout a company must become aware of the blind spots created by a psychologically unsafe environment, along with the associated risk of underreported misconduct.” They also caution that a formal program such as a reporting hotline “may capture only a fraction of the problematic behaviors that occur.” This leads the authors to posit that gauging psychological safety “may help companies determine whether misconduct is being reported and, in turn, enhance the effectiveness of their formal speak-up programs.”

The authors also confirmed a greater problem which is that “in a global context, psychological safety is not uniform across nations.” Survey respondents from “the Americas and Europe tended to score higher on psychological safety than respondents from Asia.” This suggests to the authors that “the potential effectiveness of tailoring interventions that promote speaking up in order to address the specific circumstances of different groups of employees.” Moreover, “global organizations that seek to build psychological safety must assess its various region-specific drivers and derailers to adjust their activities to specific seniorities and cultures.”

 Three key takeaways:

1. How can you determine the state of psychological safety in your organization?

2. Psychologically safety at the workplace is non-siloed.

3. Middle managers are critical.

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 28, 12 CT. For more information and registration, click here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 10 – Improving Culture Through Investigations

Meric Bloch strongly emphasizes the importance of workplace investigations and fostering a culture of employee compliance. He believes that merely setting up a hotline and establishing policies is insufficient; companies must actively engage with employees to understand their motivations for speaking up or remaining silent. Bloch also underscores the need for accountability and a critical evaluation of the effectiveness of compliance programs. His experiences with multinational companies have shaped his understanding of the challenges they face, particularly the fear of being perceived as incompetent and the difficulties in reporting.

One of the key points raised by Bloch is the importance of making speaking meaningful and credible. He pointed out that companies often fail to communicate what should be reported, leading to confusion among employees. Bloch also highlights the lack of follow-up interviews and training for reporters as a problem. He stressed the need for organizations to engage with reporters and gather additional information to better understand the context and potential gaps in the initial report. Bloch also discussed the importance of addressing friction points within organizations. He mentioned that employees often hesitate to speak up due to concerns about the involvement of headquarters or fear of retaliation. Organizations must actively address these concerns and create an environment where employees feel safe and supported when reporting issues.

To create a culture of speaking up, organizations must move beyond passive measures such as hotlines and policies. They need to actively engage with employees, educate them about their role in the process, and provide clear guidance on what should be reported. By doing so, organizations can foster a culture of compliance where employees feel empowered to speak up and contribute to maintaining ethical standards.

Three key takeaways:

1. Your investigation process must go beyond simple policies and procedures.

2. Seeking additional information from a reporter will enhance the investigative process and your culture.

3. Remove friction points in the speak-up and investigative processes.

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein, on Tuesday, November 28, 12 CT, For more information and registration, click here.

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FCPA Compliance Report

FCPA Compliance Report – Billy Jacobson on Building a Boutique Law Firm

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Billy Jacobson, well-known to the compliance community, who recently opened a new boutique law firm, Jacobson Lopez. We talk about why he co-founded the firm, the type of work it takes on, and where he hopes it might grow.

Billy Jacobson is a seasoned attorney with a rich background in white-collar law and compliance, having served as a DOJ attorney and worked on high-profile fraud cases such as the Enron trials and as CCO at Weatherford. His experience and knowledge of AML, FCPA, and BSA practices shape his viewpoint on Jacobson Lopez, a boutique law firm that specializes in compliance and investigations. With his partner, Jonathan Lopez, Billy co-founded Jacobson Lopez, a boutique law firm offering specialized services in compliance work, internal investigations, government enforcement, and individual representation. They aim to provide big law firm expertise at more modest rates, with greater flexibility and no conflict issues, positioning their firm as an alternative to larger law firms. To gain more insights into Billy’s perspective and the work of Jacobson Lopez, join Tom Fox and Billy Jacobson on this FCPA Compliance Report podcast episode.

Key Highlights:

  • Boutique White Collar Law Firm in DC
  • Organic Growth and Strategic Partnerships in Law
  • Federal Prosecution Experience: Navigating Complex Legal Issues

Resources:

Billy Jacobson on LinkedIn

Jacobson Lopez

Tom Fox

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YouTube

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LinkedIn

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 9 – Fostering Culture with Psychological Safety

How can you improve corporate culture through speaking up? In an MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” authors Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson asked such questions as “How do organizations encourage people to speak up about ethical breaches, whether inadvertent or deliberate?” and “Why do some employees choose to remain silent when others report misconduct?” Additionally, they “analyzed the perceptions of those who report misconduct against those of “silent bystanders” to help “better understand both the drivers and derailers of speaking up — and revealed insights into how leaders and compliance officers can encourage employees to make such reports.’”

The authors believe today, “it is more essential than ever that when misconduct happens or difficult problems arise, there is a strong ethical climate for surfacing information so leaders can respond quickly and appropriately. An environment in which employees feel comfortable reporting such issues is also vital to preventing future misconduct.”

The authors believe that a “healthy organizational culture is one in which speaking up and listening go hand in hand, reinforcing ethical standards. If concerns are expressed, changes can be made promptly.” This is important because it moves from the detect prong to the prevent prong, which is by far the most important and effective prong in any compliance regime. Further ideas or innovations, rather than simply reporting untoward actions, can make a company more efficient and more profitable. This means a company can receive far more benefits than monetary fines or penalty avoidance if psychological safety exists.

 Three key takeaways:

  1. How a speak-up culture improves your culture.
  2. What is the role of psychological safety in improving culture?
  3. What is the role of externals in your corporate culture?

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 28, 12 CT. For more information and registration, click here.

Categories
Blog

Transforming Financial Communications Compliance in the Digital Age

This week I have a special five-part podcast series, sponsored by Verint on the Future of Communication in Financial Compliance on the Innovation in Compliance podcast series on the Compliance Podcast Network. My guest in this series is Phil Fry, VP and GTM of Financial Compliance Strategy at Verint. Over this series, we will take a deep dive into the current status of communications in financial institutions; how to be or not be compliant; an analysis and insight into the area; and how to avoid accentuating the negative and the human element in compliance. In this first post, we consider the current status of communications in financial institutions.

The financial industry’s compliance landscape has undergone significant changes in recent years, driven by factors such as hybrid working, Generative AI, and diverse communication modes. These changes have presented challenges for compliance solutions and vendors, making it harder than ever to keep up with evolving regulations. In this episode of the podcast “Future of Communication,” hosted by Tom Fox and featuring Phil Fry, the topic of adapting financial compliance solutions to evolving communication modes is explored in depth.

Financial firms today face more demanding challenges in adhering to regulations than ever before. The increase in unified communications, mobile phones, and changing client demands has transformed the way traders conduct business. Instead of traditional one-to-one conversations, there is now a growing use of conference calls and persistent interactions involving varying numbers of people. This shift, termed as non-binary communications by Verint, a leading provider of compliance solutions, adds complexity to compliance efforts.

Verint recognizes the need for a comprehensive solution that captures the entire communications environment, including voice and persistent chat. They are also at the forefront of pioneering generative AI-driven transcription, communications, pre-surveillance, and speech analytics capabilities. By aligning their solutions with the three lines of defense – business compliance, internal audit, and IT – Verint aims to provide financial firms with a holistic compliance solution.

One of the key challenges in adapting financial compliance solutions to evolving communication modes is the inconsistency in enforcing fines. While Tier one banks have borne the brunt of regulatory fines, there is still a lack of consistency in holding smaller financial institutions accountable. This inconsistency creates a sense of complacency among some institutions, leading them to believe they can get away with non-compliance. However, the increasing number of fines related to communication technologies like WeChat and WhatsApp highlights the importance of controlling all aspects of operations.

Compliance capture has traditionally been associated with fraud prevention. However, in the modern world, the focus has shifted towards managing conduct risk within organizations. Compliance technology solutions, such as Verint’s, play a crucial role in ensuring users act with integrity, due skill, care, and diligence. These solutions also help organizations treat customers fairly, adhere to market conduct standards, and support the needs of their employees.

When it comes to adapting financial compliance solutions, it is essential to consider the tradeoffs involved. Financial institutions often rely on highly advertised solutions that fall short of fulfilling regulatory requirements. For example, some vendors claim to capture Microsoft Teams chat compliantly but can only capture one-off sidebar conversations, not persistent chats with attachments. This lack of technology hampers compliance controls and exposes institutions to unnecessary risks.

In conclusion, adapting financial compliance solutions to evolving communication modes is a complex task. Financial firms must navigate the challenges posed by non-binary communications and changing regulatory landscapes. Compliance solution providers like Verint are at the forefront of addressing these challenges by offering comprehensive solutions and leveraging generative AI-driven technologies. As financial institutions face increasing fines and scrutiny, they must prioritize compliance and consider the impact of communication modes on their operations. By doing so, they can ensure they meet regulatory requirements and maintain the trust of their stakeholders.

For More Information check out Verint.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 8-A Listening Tour to Improve Culture

Any top CEO must first listen. But it is more than simply listening to rebuild trust, it is rebuilding employee engagement by making them and their ideas part of the solution. Today, we consider how a compliance listening tour can improve culture.

A.    Engagement

Start off by meeting as many compliance stakeholders as possible. You can use town hall settings or go smaller, meeting with key employee leaders, key stakeholders, and employees identified as high-risk who you can meet with individually or in smaller groups. Listen to their compliance concerns and take their compliance ideas back to the home office. After returning to your office, winnow down their ideas and suggestions to form the basis of enhancements to your culture. This employee engagement will lead to greater stakeholder buy-in for your culture.

B.    Education

But during the town hall meetings, and the smaller more informal group meetings, you can do more than listen, you can also train. This training is on ethics and how the employees could use compliance as a business tool. Moreover, this lays the groundwork for enhancing your culture and the training that will occur as the enhancement is rolled out.

C.    Risk Assessment

Now, think about this same approach from the risk assessment perspective. Listen to your employee’s concerns and listen to the compliance issues raised. From there you can begin to ask questions about what was done and why. This approach is not adversarial or an interrogation. Still, it is ferreting out the employee’s concerns while having the employees educate your compliance team on the actual procedures that are used. By listening, and gently questioning, you should be able to garner enough information to create a risk assessment profile that can inform and even become the basis of compliance program enhancements.

Three key takeaways:

1. A listening tour can be used to improve your culture.

2. Listening improves engagement, which improves culture.

3. Culture lessens if employees think you don’t care.

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 28, 12 CT. For more information and registration, click here.

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The ESG Report

The ESG Report – Cally Edgren on Forever Chemicals

The ESG Report podcast is hosted by Tom Fox. Looking for innovative solutions to tackle climate change? Look no further than The ESG Report! In this episode, Tom speaks with Cally Edgren about Forever Chemicals.

Cally Edgren, a Senior Director of the Regulatory Expert team at Assent, has nearly three decades of experience in manufacturing and has dedicated her career to helping manufacturers comply with regulations. Edgren’s perspective on the regulation and impact of PFAS “forever chemicals” in manufacturing is that it is a game changer in the materials compliance world. She explains that PFAS are synthetic chemicals with tight carbon-fluorine bonds that have been used for their fantastic material properties, but these chemicals do not break down and have been found in water supplies and soil, raising health concerns. Edgren notes that regulators are starting to include PFAS chemicals in regulatory instruments, and states are being aggressive in addressing the contamination. She also highlights the supply chain disruption that will occur as major manufacturers like 3M discontinue products containing PFAS, emphasizing the need for manufacturers to consider the broader impact of PFAS regulations on their operations. Join Tom Fox and Cally Edgren on this episode of the ESG Report podcast to learn more about this critical issue.

Key Highlights:

  • The Persistence of PFAS Chemicals
  • The Broader Risks of PFAS Contamination
  • Implications of PFAS Regulations on Manufacturers
  • Stricter State Regulations on PFAS Use
  • PFAS Litigation and Industry Disruption

Resources

Cally Edgren on LinkedIn

Assent

Tom Fox

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 7- To Improve Culture, Engage More

One thing I have learned in working with Carsten Tams is that one of the very top keys to a successful compliance program is employee engagement. Tams and I explored this topic in the popular podcast series Design Thinking in Compliance. It also appears that attention can lead to excellent business resiliency based upon an article entitled The Top 10 Findings on Resilience and Engagement, by Marcus Buckingham.

Not surprisingly, trust is the number 1 factor in engagement and resilience. Astoundingly, the author found that “employees who said they completely trust their team leader were 14 times more likely to be fully engaged.” Moreover, those employees who completely trusted their colleagues, team leader, and senior leaders “were 42 times more likely to be highly resilient.” The reason should seem obvious as it is undoubtedly “easier to engage in our best work when we don’t have to expend mental resources looking over our shoulders or protecting ourselves against dysfunctional workplace practices that erode trust, like bullying or micromanaging. When it comes to building engagement and resilience, trust is everything.”

Teamwork is also a key factor. Although this is not something I have experienced over the past 12 years of working alone, the author found, “Those who said they are on a team were 2.6 times more likely to be fully engaged and 2.7 times more likely to be highly resilient than those who didn’t identify as team members. For millennia, humans have experienced psychological well-being only when they feel connected to and supported by a small group of people around them.” When the pandemic hit, working from home was not new to me as I had been doing it since 2010, but even in the WFH or Hybrid Work era, most employees need to feel like they are part of a team.

Every CCO and compliance professional must work to lessen or dissolve the disconnect between senior leadership and front-line workers. Your front-line business folks will make or break your compliance program. Getting your senior management more engaged will create and establish the trust your employees will need to show resilience in the face of the following primary business location, whether a pandemic or military invasion.

 Three key takeaways:

  1. The concepts from Design Thinking can improve your culture.
  2. A key factor in culture is engagement.
  3. You can improve culture by dissolving the disconnect between senior leadership and front-line workers.

Do you want to improve your culture? How can you assess your culture and come up with a strategy to improve it going forward? Find out in this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 28, 12 CT. For more information and registration, click here.

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Great Women in Compliance

Great Women in Compliance – The State of the Profession

As we move towards the end of 2023, and after the major conferences of the year, it seemed like a good time to reflect on the state of the profession.  Gwen Hassan, Deputy Chief Compliance Officer at Unisys and host of the #HiddenTraffic podcast, and Kim Yapchai, member of the Board of Directors for DirectWomen and former Senior Vice President, Chief Environmental, Social and Governance Officer at Tenneco joined Ellen Hunt and Lisa Fine talk about where the ethics and compliance profession has been, where we are today, and where we are going.  They discuss what makes them optimistic, and what gives them pause.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance-related offerings. GWIC is also sponsored by Corporate Compliance Insights, where we have a page where you can hear every episode. If you are enjoying this episode, please rate it and/or provide a review.

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). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

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.