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.
Tag: compliance
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.
En este episodio nos acompaña nuestro primer invitado, Diego Sierra, Socio en Von Wobeser y Sierra P.C., quien comparte con nosotros su amplia experiencia en materia de anticorrupción y cumplimiento en México. Diego nos platica sobre la expansión del Sistema Nacional sobre Anti-corrupción, analiza y pone en contexto los resultados de la Encuesta de Corrupción en América Latina, y comparte las tendencias que ve en el desarrollo de programas de cumplimiento en México.
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¡(H)Ola Compliance! no tiene la intención y no se puede considerar como asesoramiento legal; el contenido solo refleja los pensamientos y opiniones de sus anfitriones.
¡(H)Ola Compliance! explora la ola de cumplimiento de anticorrupción que ha surgido por Latinoamérica. Inmerso en su cariño para la región, Matteson Ellis y Alejandra Montenegro Almonte (Socios de Miller & Chevalier), navegan las aguas de regulaciones de cumplimiento corporativo desde sus oficinas en Washington, DC y trazan las normas de anticorrupción que afectan a la región. A la vez destacan los desafíos y oportunidades que enfrentan las empresas comprometidas a la ética. ¿Te sientes que estás nadando contra la corriente? ¡Entonces tome la ola de cumplimiento en ¡(H)Ola Compliance!
In today’s edition of Daily Compliance News, I take things in a different direction as I discuss four books I read this year that every compliance professional should read.
- Level Up–Alyson Van Hooser
- Defining Moments–Melanie Bragg
- The Hero Factor–Jeffrey Hayzlett
- I Am Accountable–Sam Silverstein
As Joe Biden is formally elected President by the Electoral College and the Covid-19 vaccine arrives in spite of blunders by the Trump Administration; Tom and Jay are back to look at some of the top compliance articles and stories which caught their eye this week.
- The Good, the Bad and the Missing. Dick Cassin with his three top stories in 2020 on the FCPA Blog.
- Are you ready for the EU Whistleblower Directive? Cédric Dubar considers in the FCPA Blog.
- Using data analytics for the BOD and still satisfying the regulators. 6 CCOs opine in Compliance Week (sub req’d)
- What are 7 principles of ethical leadership? Yonason Goldson in CCI.
- Leadership failures around sexual harassment at Ft. Hood. Matt Kelly on Radical Compliance. Tom and Matt take gut-wrenching deep dive on Compliance into the Weeds, with special guest Diane St. Ives, who relates her experiences from 40 years ago.
- The SEC and SARs. Thomas Gorman on SEC Enforcement
- Congress approves new AML law. Jack Hagel in the WSJ Risk & Compliance Journal.
- Ephemeral messaging. Debevoise and Plimpton Data Blog.
- A new month is here and a new guest on The Compliance Life. Kim Yapchai, Chief Counsel – Environmental, Social & Governance at Tenneco Inc. In this week’s third episode, Kim moves into the CCO chair. Check out the episode here. Check out the full series here.
- My podcast with Mikhail Reider-Gordon on Wirecard was so popular we spun it out into its own series, The Wirecard Saga. Check out the latest episode, Who Watches the Watchers.
- On 31 Days to a More Effective Compliance Program, we consider Training and Communications. Monday, Communication through persuasion; Tuesday– Multiplying the influence of compliance; Wednesday– Communicating Across Cultural Boundaries; Thursday– Asking questions to boost your compliance program; Friday– Twitter and 360-degrees of communication. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
- Interested in podcasting? Find out the top trends with this replay of Tom and Megan Dougherty of One Stone Creative in their webinar on the State of Podcasting 2020. Listen to the full webinar here. Want some pointers on designing and starting a podcast, check out this great new report from Megan Dougherty, co-founder of my producing team at One Stone Creative, The State of Business Podcasts, 2020.
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.
