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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 3 – Compliance and Corporate Principles in Today’s World

For corporations, navigating the political landscape has become an increasingly difficult task. While being admonished to ‘stay in their lane’ by some, businesses are just like their stakeholders, impacted by the ever-changing political miasma. When this new reality is coupled with the new levels of transparency in companies, which are only amplified by social media, a company can be embroiled in public controversies with one or more stakeholder groups. As these situations occur, CCOs and compliance professionals will be called upon to help companies navigate this fraught process.

How can compliance help a company navigate through all of this? To make and implement the best strategic choices in this environment, leaders will have to

  1. develop principles to guide strategic choices,
  2. address ethical issues early on,
  3. consistently communicate and implement their choices,
  4. engage beyond the industry to shape the context and
  5. learn from mistakes to make better choices in the future.

This is a process that the corporate compliance function can facilitate. If you work through these steps, you should be able to prepare your organization for the next major shock.

 Three key takeaways:

1. Why a company can no longer simply ‘stay in its lane’.

2. Compliance should lead the way to develop robust principles to guide cultural choices.

3. Even in culture, continuous improvement is a mandate.

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GalloCast

Gallocast – Episode 12: Halloween and Day of the Dead

Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the Gallocast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is an excellent insight on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, and insightful with a dash of the two brothers throughout. It is like listening to the Brothers Gallo talk about compliance at the Sunday dinner table. Hosted by Tom Fox, the Voice of Compliance.

Halloween and Day of the Dead are just past us as the Brothers Gallo return for another Gallocast. Nick Gallo, in discussing SBF and FTX, emphasizes the importance of legal guidance and accountability in navigating complex ethical issues. He believes in the power of effective communication and strategic leadership in advocating for corporate ethics and compliance. On the other hand, Gio Gallo, with his focus on storytelling and advocacy, stresses the significance of securing budget allocation towards compliance and ethics from the executive suite. He believes a cultural shift within the organization involving a diverse group of individuals is crucial in addressing compliance and ethics challenges. Join Tom Fox, Nick Gallo, and Gio Gallo as they delve deeper into these topics in this episode of the GalloCast podcast.

Key Highlights:

  • SBF and Advice of Counsel defense. Where does the leadership buck stop?
  • RTW or WFH. How should an employer(s) approach this topic?
  • DS Disco- Why would 25% of the workforce write a letter to BOD asking them to fix corporate culture?
  • At what point should a start-up build out its internal controls? How about a compliance program?
  • How transparent should your whistleblowing process be with a reporter?
  • UM, the football program, is being investigated for electronic sign stealing.
  • What happens if a whistleblower allegation is made in bad faith?

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

Ethico

Tom Fox 

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 2 – Getting Culture Right

Vin DiCianni, founder of Affiliated Monitors, Inc. (AMI), talked about the Monaco speech and culture. He said, “The announcement by Deputy Attorney General Lisa Monaco and the Justice Department reignited the agency’s concentration of corporate liability for white-collar crimes. In doing so, she emphasized to businesses, their leadership, and the lawyers representing them how important it is to implement and maintain strong, effective compliance programs and how DOJ will con. In other words, the criticality of culture is now paramount. CCOs must 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 of corporate culture and how CCOs can move forward to lay the foundation of one.

CCOs and compliance functions face challenges while navigating the post-COVID-19 return to work. According to the DOJ’s regulations, businesses must uphold a healthy culture through corporate culture. 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.”

Three key takeaways:

1. What distinguishes a good corporate culture from a bad one in the eyes of employees?

2. A good corporate culture forms the basis of a good compliance program.

3. How many elements of a good corporate culture are in your organization?

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 1 – Introduction

In her October 2021 speech, presaging the Monaco Memo, Deputy Attorney General Lisa Monaco talked at length about the importance of corporate culture. She noted, “Corporate culture matters. A corporate culture that fails to hold individuals accountable or fails to invest in compliance — or worse that thumbs its nose at compliance — leads to bad results. Let me also be clear: a company can fulfill its fiduciary duty to shareholders and maintain a commitment to compliance and lawfulness. Companies serve their shareholders when they proactively place compliance functions and spend resources anticipating problems. They do so both by avoiding regulatory actions in the first place and receiving credit from the government. Conversely, we will ensure the absence of such programs inevitably proves a costly omission for companies who end up the focus of department investigations.” These thoughts were formalized in the Monaco Memo.

What does all this mean for compliance professionals going forward? DOJ officials have emphasized that the changes laid out in the Monaco Memo and the requirements around CCO Certification are to empower compliance professionals. In the Monaco Speech, DAG Monaco stated, “Companies should feel empowered to do the right thing—to invest in compliance and culture and to step up and own up when misconduct occurs. Companies that do so will welcome the announcements today. For those who don’t, however, our Department prosecutors will be empowered, too—to hold accountable those who don’t follow the law.” However you may characterize it, I will channel my inner Glenn Fry (with a nod to Miami Vice) and simply say to CCOs and compliance professionals, “The Heat is On.”

Three Key Takeaway:

  1. The DOJ will now evaluate corporate culture in an enforcement action.
  2. You must assess, manage, monitor, and improve your culture.
  3. Corporate culture is now a key metric for regulators.
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Great Women in Compliance

Great Women in Compliance – Renee Rajkumar – The Heart of Compliance

Today’s episode features Renee Rajkumar, a Risk and Compliance Manager at the University of Arts, London. Hemma was very excited to host her long-time friend and compliance mentor to talk about how compliance is the conscience of the organization. Renee shares tips on how to overcome negative perceptions of the compliance function, how to build trust, motivate risk awareness and compliance, and how to leverage the strengths of your business partners while doing so. Learn about a new form of AI in compliance called “Added Intelligence” – first coined here. Grab a blanket and a cup of tea and tune in to hear how, with a little love and care, compliance can be the heart and pulse of an organization – and create the conditions where our internal business partners are the best source of compliance intelligence and risk management.

Hailing from the warm island of Trinidad and Tobago, Renee is enthusiastic about life and the happiness of people. She believes in the value of genuinely caring for others. This is the basis of Renee’s career background. Indecisive in the earlier days of her career, Renee worked in process operations, quality, marketing, and advertising health and fire safety and has now ended up in risk and compliance. Renee’s unique skill set and approach bring fresh and easy energy to risk and compliance.

Renee is also the founder of Portal Coaching Limited, which she launched at the start of the COVID lockdown. She is trained in NLP, solution-based coaching, business coaching, and hypnotherapy. Renee started Portal Coaching Limited to work with companies and individuals to help them gain clarity on who they are, their purpose, work situations, and relationship issues. She calls herself a Liberator and has set many people free of their worries and negative thought patterns. Renee draws on these principles in her various training with a seamless cross-application into coaching and Compliance.

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.

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FCPA Compliance Report

FCPA Compliance Report: Marco Goldberg – Creating Trust with Comprehensive Solutions

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Marco Goldberg, Managing Director of EQS Group’s North American Business, which assists organizations in navigating the complex world of compliance and building a culture of trust.

Marco Goldberg is a seasoned professional in corporate compliance and investor relations solutions, with a rich background in international industrial management and an MBA from the Berlin School of Business and Entrepreneurship. The EQS Group is a leading provider of corporate compliance and investor relations solutions, serving about 9,000 customers globally. He emphasizes the importance of trust in international organizations and sees EQS Group’s mission as helping to create trusted companies through their solutions. His experiences in the industry and his active participation in hosting the ECEC, Europe’s largest compliance conference, have shaped his perspective. Join Tom Fox and Marco Goldberg on this episode of the FCPA Compliance Report podcast to learn more about his insights and experiences.

 Key Highlights:

  • Creating Trusted Companies with Comprehensive Solutions
  • IntegrityLine: Empowering Employees for Compliance
  • EU Whistleblower Protection Directive: Creating a Culture of Integrity
  • Centralizing Compliance Workflows with AI Technology
  • The Transformative Power of AI in Compliance

 Resources:

Marco Goldberg on LinkedIn

EQS Group

 Tom Fox

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Blog

Leadership Lessons from the Presidents of the Republic of Texas – David Burnet: Building a Republic

The Republic of Texas holds a unique place in American history as a short-lived independent nation. In this special four-part blog post series, I will be diving into the intriguing world of the presidents of the Republic of Texas, shedding light on their leadership styles, political tensions, and the challenges they faced. This blog post focuses on one of the lesser-known presidents, David G. Burnett. It highlights the key factors that impacted the presidencies and politics of the early Republic of Texas.

David G. Burnett, who served as the first President of the Republic of Texas from March 1836 to October 1836, had a complex character and a fascinating background. He was an early adopter of filibustering, lending his sword to the Bolivarians in Venezuela during the Latin American wars for independence. However, he eventually returned to the United States when factions within the revolutionary forces split.

Burnett arrived in Texas in 1826 as an impresario, but his venture as a land grant holder failed. He was also known for his solid Presbyterian beliefs, adding another layer to his character. Despite his short tenure as president, Burnett played a crucial role in the survival and legitimacy of the Republic of Texas.

One of Burnett’s notable achievements was his strategic retreats during the early days of the Republic. By moving the government promptly, he managed to avoid capture and preserve the fledgling nation’s chances of success. Additionally, Burnett’s decision to spare the life of Santa Ana, the Mexican general, demonstrated his understanding of the role Santa Ana could play in negotiations and helped maintain the credibility of the Republic of Texas.

However, Burnett’s presidency was not without its challenges. Tension and intra-personal politics characterized the power transfer from Burnett to his successor, Sam Houston. Burnett was initially reluctant to turn over the government to Houston, leading to name-calling and insults between the two. Eventually, Burnett resigned, allowing Houston to start his first term early. Despite their differences, Burnett and Houston would cross paths politically multiple times in the future.

Factions and differing visions for the nation characterized the politics of the early Republic of Texas. Burnett represented one vision, while figures like Sam Houston embodied another. These divisions extended beyond the question of independence, with debates over issues such as slavery and Indian policy. Personal politics played a significant role, with politicians openly insulting each other and even threatening duels.

Burnet’s short tenure as the first President of the Republic of Texas highlights the enduring relevance of these early political dynamics. The reality is that there is absolutely nothing new under the sun when it comes to vicious politics. The Republic of Texas, if captured on camera, would have made for great reality TV. The challenges faced by early Texas politicians resonate with the political landscape of today.

David G. Burnet’s story is one of resilience and principle. Despite personal tragedies and adversities, he remained committed to his beliefs. Burnett’s inflexibility on specific issues, such as his hardline stance on Indian policy, may have rubbed some people the wrong way. However, it is undeniable that he played a significant role in shaping the early Republic of Texas.

Exploring the presidencies and politics of the early Republic of Texas provides valuable insights into the challenges and tradeoffs involved in nation-building. The podcast series offers a comprehensive analysis of the key factors that impacted the Republic of Texas and highlighted the importance of considering historical context when making decisions about leadership and politics.

Some of the vital leadership lessons from Burnet include:

  1. Adaptability and Resilience: Burnet assumed office during a tumultuous time when Texas was engaged in a struggle for independence from Mexico. He had to adapt quickly to changing circumstances and make difficult decisions to ensure the survival of the fledgling republic. Compliance professionals and business leaders can learn from his ability to remain resilient and composed in adversity.
  2. Vision and Mission Focus: Burnet strongly advocated for Texas independence and had a clear vision for the republic’s future. Influential leaders articulate a compelling vision and mission that inspire their followers and provide a sense of purpose. Chief Compliance Officers should have a vision for their compliance program and constantly strive to implement it.
  3. Pragmatism: Burnet recognized the importance of practicality and pragmatism in leadership. He worked to secure international recognition and support for the Republic of Texas, demonstrating his ability to navigate complex diplomatic challenges. Business leaders and compliance professionals should be willing to adapt their strategies to achieve their goals.
  4. Commitment: Burnet’s commitment to the cause of Texas independence was unwavering. He endured personal hardships and challenges to advance the republic’s interests. Chief Compliance Officers who demonstrate dedication to their compliance vision and mission often inspire greater loyalty and commitment from their compliance teams.
  5. Communication Skills: Effective communication is a crucial leadership skill, and Burnet was known for his ability to convey the republic’s goals and needs to foreign governments and potential allies. It may go without saying, but I will say it anyway: every CCO and compliance professional must be adept at conveying their message clearly and persuasively.
  6. Collaborative Leadership: Burnet understood the importance of collaboration and worked closely with other leaders and military figures, such as Sam Houston, to achieve common goals. CCOs and compliance professionals who can build and maintain effective partnerships with the business team will achieve more significant results than those who cannot.
  7. Adherence to Principles: Despite his challenges, Burnet remained committed to liberty and self-determination. CCOs and compliance professionals uphold their core values and principles, even in the face of adversity or temptation to compromise.
  8. Graceful Transition: Burnet voluntarily stepped down from the presidency after his term, demonstrating a commitment to the democratic process and a willingness to facilitate a smooth transition of power. Business leaders should recognize when it is time to pass the torch and do so gracefully.

It is important to note that David Burnet’s leadership lessons should be viewed in the historical context of the Republic of Texas and its struggle for independence. While some aspects of his leadership may not directly apply to modern leadership challenges, the principles of adaptability, vision, commitment, and effective communication remain relevant for leaders in any era. David G. Burnett’s presidency, though short-lived, left a lasting impact on the nation. The tensions and personal politics between Burnett and Sam Houston exemplify the challenges faced by early Texas politicians. By understanding the complexities of this period, we gain valuable insights into the tradeoffs and challenges involved in nation-building.

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Creativity and Compliance

Creativity and Compliance – An Ounce of Prevention

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the award-winning Compliance Podcast Network.
Ronnie’s company, Learnings, and Entertainment, utilizes the entertainment devices people use to consume information in their everyday, non-work lives and apply it to important topics around compliance and ethics. It is not only about being funny. It is about changing the tone of your compliance communications and messaging to make your compliance program, policies, and resources more accessible. Today, Ronnie and Tom, as they consider compliance training and communication, are being used in the best, highest use, and most effective manner.
The topic of shifting compliance programs towards prevention and engagement is compelling, as it challenges the traditional reactive approach and advocates for a more proactive, engaging strategy. Ronnie believes that most compliance programs are reactive rather than proactive. He argues that a shift towards prevention, communication, burst learning, and leadership development can mitigate risks more efficiently and make compliance training more interesting and positive. Tom echoes this sentiment, emphasizing the need for engaging, entertaining, and impactful compliance programs. He suggests that by focusing on prevention, communication, shorter training, and leadership development, companies can create a culture of psychological safety and reduce the time and money spent on investigations and problems.

Join Tom Fox and Ronnie Feldman on this Creativity and Compliance podcast episode as they delve deeper into this fascinating topic.

Key Highlights:

  • Shifting Towards Prevention: The Key to Effective Compliance
  • Using Comedy to Transform Compliance Training
  • Engaging and Time-Efficient Micro-Learning Modules
  • The Importance of Proactive Compliance Measures

Resources:

Ronnie

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Compliance and AI

Compliance and AI – Caroline Shleifer on How AI Enhances Regulatory Intelligence and Compliance

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this exciting new podcast series, Compliance and AI. Hosted by Tom Fox, the award-winning Voice of Compliance, this podcast will look at how AI will impact compliance programs into the next decade and beyond. If you want to find out why the future is now, join Tom Fox on this journey to the frontiers of AI.

Welcome back to another exciting episode of our podcast, where we delve into the fascinating world of compliance and artificial intelligence (AI). Today, I am joined by Caroline Shleifer, CEO and founder of RegAsk. Regulatory intelligence plays a crucial role in today’s business landscape, where regulatory requirements constantly evolve. Staying ahead of these changes is not only essential for compliance but also offers a competitive advantage. In this episode, Tom and Caroline Shleifer deeply dive into how AI and other emerging technologies enhance regulatory intelligence and compliance.

Key Highlights:

  • Proactive Compliance through Regulatory Intelligence Automation
  • Streamlining Regulatory Compliance with AI
  • Leveraging Data Analytics for Proactive Compliance
  • Revolutionizing Compliance with Emerging Technologies

Resources:

Caroline Shleifer on LinkedIn

RegAsk

Tom Fox

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Into the Chair - Tales from Chief Compliance Officers

Into the Chair, Tales from Chief Compliance Officers: Anh Lam on Navigating Compliance Challenges in a Changing Landscape

Welcome to the latest edition of the Compliance Podcast Network: Into the Chair: Tales from Chief Compliance Officers, which 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. Into the Chair: Tales from Chief Compliance Officers is a Comply podcast hosted by Tom Fox and is a production of the Compliance Podcast Network. In this episode, I visit with Anh Lam, Senior Vice President and Chief Compliance Officer at Sandy Spring Bank.

Anh Lam, a seasoned professional in compliance management, brings a unique perspective shaped by her personal and professional experiences. Born and raised in Vietnam, Anh’s interest in wealth management was sparked by her father’s experience with misleading investments in a country with limited regulations. Now serving as the Chief Compliance Officer for Sandy Spring Bank’s wealth divisions, Anh believes in the enduring importance of compliance but also sees a future where technology and artificial intelligence play a significant role in making compliance more efficient and effective. She envisions a future where each firm has its internal AI system integrated with different platforms to adapt to changing regulations and anticipates a global standardization of compliance regulations, akin to the GDPR for privacy regulations. Join Tom Fox and Anh Lam as they delve deeper into these topics on the next episode of the Into the Chair podcast.

Key Highlights:

  •   Protecting Investors’ Money through Compliance Expertise
  •   Navigating Compliance Challenges in a Changing Landscape
  •   The Rise of AI in Compliance

Resources:

Anh Lam on LinkedIn

Comply

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