Categories
This Week in FCPA

Episode 265 – the Personal Responsibility edition


As Texas’ Governor-Mr. Personal Responsibility-himself comes down with Covid after refusing to engage in ‘personal responsibility’, Tom and Jay are back to look at some of this week’s top compliance and ethics stories which caught their interest on This Week in FCPA in the Personal Responsibility edition. 
Stories

  1. Corruption led to the fall of Afghanistan. Dick Cassin in the FCPA Blog.
  2. Does HSBC facilitate cybercrime. Elfriede Sixt in Risk and Compliance Journal Europe.
  3. The Pearson SEC enforcement action. Matt Kelly in Radical Compliance. Tom and Matt on Compliance into the Weeds. Kevin Lacroix in the D&O Diary.
  4. Trust and the CCO? Jeff Kaplan in Conflict of Interest
  5. Fraud during the pandemic. James Ruotolo in CCI.
  6. Inefficiency in AML enforcement. Maria Evstropova in CCI.
  7. SEC coming after cryptocurrencies. Aaron Nicodemus in Compliance Week.
  8. What Boards need to know before, during and after M&A. Maria Castanon Moats and Leah Malone in Harvard Law School Forum on Corporate Governance.
  9. Who is on your crisis management team? Eden Gillott in com.
  10. CFIUS publishes 2020 report. K2 Integrity Client Alert.

 Podcasts and Events

  1. On Innovation in Compliance this week I interview Dennis Kucinich about his latest book, The Division of Light and Power. Check out the show here.
  2. On The Compliance Life, in August I visit with Kortney Nordrum CCO at Deluxe. In Episode 1, from Red Wing to Israel. In Episode 2, From Freddie Mac to the law.
  3. How do the Greek Eumenes and the Roman Sertorius inform compliance leadership today? Find out as Tom and Richard Lummis continue their exploration of Plutarch’s Lives in this episode of 12 O’Clock High, a podcast on business leadership.
  4. Compliance Week is having an open house this month as they have dropped their firewall. You can check out the entire publication for no charge. Check it out here.
  5. Breaking News features The Compliance Handbook, 2nd edition. Check out the Breaking News feature here. Purchase The Compliance Handbook, 2nd edition here. Find out more about The Compliance Handbook, 2nd edition in an upcoming Zoom webinar, on Wednesday, September 1 at 8:30 AM ET; hosted by the Azevedo Sette law firm and Charles River Associates. To RSVP email tcintra@azevedosette.br

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Blog

Day 19 of 30 Days to a Better Compliance Program, Compliance Expertise on the Board

The Office of Inspector General (OIG) has called for greater compliance expertise at the Board level. The OIG said that a Board could raise its level of substantive expertise concerning regulatory and compliance matters by adding a compliance member to the Board. Such a compliance professional with subject matter expertise on the Board sends a strong message about the organization’s commitment to compliance, provides a valuable resource to other Board members, and helps the Board better fulfill its oversight obligations. Mike Volkov looked at it from both a practical and business perspective. He stated, “I have witnessed firsthand that companies with a board member with compliance expertise usually have a more aggressive and effective compliance program. In this situation, a Chief Compliance Officer has to answer to the board for the company’s compliance program while receiving the resources and support to accomplish compliance tasks.” Roy Snell sees it through the prism of the compliance profession and has said, “If you ask most companies if they have compliance expertise on their Board… most would say yes. When asked who the compliance expert is, they typically point to a lawyer, auditor, risk manager, or ethicist. None of these professions are automatically compliance experts. All lawyers have different specialties.” He goes on to state that what regulators want to see is specific compliance expertise at the Board level. He noted, “the government is looking for is not generic compliance expertise. They are looking for compliance program management expertise. Hui Chen, the DOJ Compliance Counsel, has continually talked about the need for companies to operationalize their compliance programs. She intones businesses must work to burn compliance into the fabric and DNA of their organization. Having a Board member with specific compliance expertise heading a Board level Compliance Committee can provide a level of oversight and commitment to achieving this goal. It will not be long before the DOJ and SEC require this step in any FCPA enforcement action resolution. This means that when your company is evaluated by Chen, under the factors set out in Prong Three of the FCPA Pilot Program, to retrospectively determine if your company had a best practices compliance program in place at the time of any violation, you need to have not only the structure of the Board level Compliance Committee but also the specific subject matter expertise on the Board and on that committee.

Key Takeaways

  1. Boards must have compliance expertise.
  2. Government regulators and shareholder groups have called for greater compliance expertise on the Board.
  3. Compliance expertise at the Board works up and down as such expertise can be a resource to the CCO and the compliance department.

For more information, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available by clicking here. Both government regulators and shareholder groups have both called for greater compliance expertise at the Board.

Categories
Coffee and Regs

The RIA Wild West of Going Independent

Categories
This Week in FCPA

Episode 264 – the Infrastructure Bill edition


As the Tokyo Olympics conclude and Biden passes an infrastructure bill, Tom and Jay are back to take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Infrastructure Bill edition.
 Stories

  1. Navex Global new benchmark report. Carrie Penman, Andrew Burt and Mary Bennett in Navex Global’s Risk & Compliance Matters blog.
  2. Conducting a double materiality assessment. Donota Calace in PracticalESG, Part 1 and Part 2.
  3. Dangers lurking in internal investigations? Mike Volkov in Corruption, Crime and Compliance.
  4. What can ‘ethics refugees’ teach us about E&C? Richard Shell in CCI.
  5. Running a design sprint. Carsten Tams with Part 4 of his 5-part series on Design Thinking in LinkedIn.
  6. Amazon tagged for €746MM for GDPR violations. Cordery Compliance news alert.
  7. What are the factors driving change in the investigation process? Jaclyn Jaeger in Compliance Week.
  8. The Achilles Heel of Compliance? Scott Moritz in LinkedIn.
  9. Ted Lasso and corruption. Harry Cassin in the FCPA Blog.
  10. 100 bottles of booze on the wall, 100 bottles of booze. Jeff Kaplan in the Conflict of Interest Blog.

 Podcasts and Events

  1. Innovation in Compliance hits its 200th anniversary show. I celebrate with Dan Skolnick from Accuity. Check out the show here.
  2. On The Compliance Life, in August I visit with Kortney Nordrum CCO at Deluxe. In Episode 1, from Red Wing to Israel.
  3. How do the Greek Timoleon and the Roman Aemilius inform compliance leadership today? Find out as Tom and Richard Lummis continue their exploration of Plutarch’s Lives in this episode of 12 O’Clock High, a podcast on business leadership.
  4. Compliance Week is having an open house this month as they have dropped their firewall. You can check out the entire publication for no charge. Check it out here.
  5. K2 Integrity’s Sepideh Rowland will moderate an ABA Webinar: Managing Compliance Under Pressure, August 17. Register and information here.
  6. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here.
  7. Each month Affiliated Monitors, Inc. introduces our readers and listeners to members of our AMI team. This month, in addition to our web Spotlight feature https://lnkd.in/g9aUbMaJ  we recorded a companion podcast with Deann Conroy, who is a Compliance Solutions Manager. She is an experienced attorney, leader, and educator of healthcare legal issues. Please follow the link in the show notes for this month’s double shot of our colleague Deanne! https://lnkd.in/gfTdF5mq

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Coffee and Regs

Preparing Private Funds for the Marketing Rule

Categories
This Week in FCPA

Episode 263 – the Domestic Corruption edition


As the Tokyo Olympics continue and FirstEnergy settles one of the largest domestic corruption cases ever, Tom and Jay are back to take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Domestic Corruption edition. 
Stories

  1. The First Energy domestic corruption scandal. Rick Messick in GAB. Matt Kelly in Radical Compliance.
  2. Obstacles to compliance training. Dick Cassin in the FCPA Blog.
  3. Should companies go into space? Mike Volkov says no in Corruption, Crime and Compliance.
  4. Is your compliance relationship with HR unleavened? Then leaven it, says Amy Dufrane in CCI.
  5. Can the Olympics be saved? Perhaps from the corruption angle. Andy Spalding in the FCPA Blog.
  6. What’s it like to be a whistleblower? Aaron Nicodemus with a 5-part series in Compliance Week (sub req’d). Aaron discusses the series on this edition of From the Editor’s Desk. (No Sub Req’d)
  7. What happens when a CCO acts like a GC? They ‘step in it’ says Matt Kelly in Radical Compliance.
  8. Are you afraid of your own shadow? Michael Rasmussen says you might well should be in Navex Global’s Risk and Compliance Matters.
  9. If you step in it, RAC it. Ngozi Okeh in PracticalESG.
  10. Boards and Corporate Strategies in the post-pandemic world. Wachtell, Lipton lawyers in the Harvard Law School Forum on Corporate Governance.

Podcasts and Events

  1. Jonathan Keller reviews the evolution of healthcare compliance in this episode of The Compliance Handbook.
  2. Scott Moritz turns the tables on Tom by interviewing him about his recently released book The Compliance Handbook, 2nd edition on this week’s edition of Fraud Eats Strategy.
  3. On The Compliance Life, in July I visited with Asha Palmer, CECO at Convercent. In Episode 1, from Claire Huxable to the DOJ. In Episode 2, ‘What do you think about Abu Dhabi?’ In Episode 3, she moves into compliance consulting and is surprised with what she observed. In Episode 4, Asha talks about moving into the CECO role and beyond.
  4. How do the Greek Cleomenes and the Roman Giaus Graccus inform compliance leadership today? Find out as Tom and Richard Lummis continue their exploration of Plutarch’s Lives in this episode of 12 O’Clock High, a podcast on business leadership.
  5. In Integrity Through Compliance, Episode 14, Joe Miller Returns to Discuss Anticipated Antitrust Enforcement Trends in the Biden Administration.
  6. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Everything Compliance

The Vaccinated Edition


Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Matt Kelly, Jay Rosen, Tom Fox and special guest panelist Karen Woody for a deep dive into a potpourri of issues and topics. We end with a veritable mélange of rants and shouts outs.

  1. Jay Rosen looks at how independent integrity monitors can assist to continue to health care providers deliver health care services through furthering compliance objectives. Rosen shouts out to the Golden Boy Tom Brady in asked ‘will 8 be enough’ to get the chip off Brady’s shoulders.
  2. Tom Fox sits in this week to discuss continuing HP/Autonomy fight around HP’s disastrous acquisition of Autonomy back in 2011. The latest episode occurred with a UK court approved the extradition of former Autonomy founder Mike Lynch to the US to stand trial for criminal charges. Fox shouts out to Neil Gerrard for inventing the phrase ‘global amnesia’ for explaining why he lied in sworn testimony during the ENRC trial.
  1. Karen Woody sits in as a special guest panelist. Woody discusses the recent SEC enforcement action involving a SPAC and the Ackerman withdrawal of his SPAC purchase of Universal Music. Woody shouts out to second season of Ted Lasso.
  1. Matt Kelly considers the compliance lessons from the Tandy Leather SEC enforcement action. Kelly shouts out to restaurants requiring proof of vaccination of potential customers.
  2. Jonathan Armstrong discusses what is a Chumba Wumba attack. Armstrong shouts out to author Eric Carle.

The members of the 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, ranter (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.
Resources
See Matt Kelly’s blog post on Radical Compliance on the Tandy Leather SEC enforcement action.

Categories
This Week in FCPA

Episode 262 – the No Fans Olympics edition


As the Tokyo Olympics stumble out of the gate and Tom returns to the wilds of the Texas Hill Country, he and Jay are back to take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the No Fan Olympics edition.
 Stories

  1. Why co-creation is key to design thinking in compliance. Carsten Tams continues his 5-part series on LinkedIn. Check out Tams Part 1 and Part 2 of his great 5-part series.
  2. What’s going on with ESG in Europe. Vera Cherepanova in the FCPA Blog.
  3. What is social risk? Lawrence Heim in com.
  4. What’s the current job market for compliance professionals? Matt Kelly in Radical Compliance.
  5. SFO secures two DPAs. Neil Hodge in Compliance Week (sub req’d)
  6. Responding to parallel investigations. Nicole Sprinzen and Catherine Yun in CCI.
  7. Auditing of SPACs. Francine McKenna takes a deep dive on The Dig. (Sub Req’d)
  8. EU Whistleblower Initiative? Keith Taylor in Navex Global’s Risk and Compliance Matters.
  9. FTC signals more aggressive enforcement. Alexander Paul Okuliar and David J. Shaw NYU’s Compliance and Enforcement
  10. The Enactment of Purpose Initiative. Wachtell, Lipton lawyers in the Harvard Law School Forum on Corporate Governance.

Podcasts and Events

  1. In a sponsored 6-part podcast series Tom visits with folks from Exiger on its ground-breaking TP&SCRM framework, the TRADES Framework. Part 1-Transparency; Part 2-Risk Mitigation; Part 3-Assessing Risk; Part 4-Determining Mitigations; Part 5-Evaluating Uplift; Part 6, Supplier Monitoring.
  2. Tom and Megan Dougherty conclude their series on Loki, in Episode 6, For All Time. Always. They review the concluding episode of Season 1, look back over the entire series, review it in the context of the MCU series WandaVision and the Winter Soldier and Falcon and where the MCMultiverse may be headed.
  3. A new month on The Compliance Life! In July I visit with Asha Palmer, CECO at Convercent. In Episode 1, from Claire Huxable to the DOJ. In Episode 2, ‘What do you think about Abu Dhabi?’ In Episode 3, she moves into compliance consulting and is surprised with what she observed.
  4. Are you a #GWICee? If you are not you should be. Join the co-hosts Lisa Fine and Mary Shirley for their fan fav lightening-round of listener submitted questions in this episode of Great Women in Compliance.
  5. What is the budget process for a corp compliance function? Kortney Nordrum lays it out for your in this episode of Survive and Thrive. Check out the video version on YouTube.
  6. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Coffee and Regs

EMIR REFIT & Regulatory Harmonization

EMIR REFIT & Regulatory Harmonization

 
In this episode, our team of global transaction reporting experts, Alexis Wiazmitinoff and Nicklas Nilsson discuss changes coming to EMIR REFIT in 2022 and beyond. With the markets moving towards a harmonization of data elements across regulations, how will that provide regulators with a more complete and holistic view of OTC derivatives and improve operational efficiency for financial firms?
 

 

About Our Guest Speakers:

Alexis Wiazmitinoff is a Product Leader at CSS, responsible for leading the Global Transaction Reporting (GTR) solution. He is responsible for setting the GTR product roadmap and strategy. He guides the GTR product team during Sales/Pre-Sales engagements, product design/ delivery, thought leadership and takes part in client events. Alexis has 10 years of FinTech experience and a strong background working with traders, portfolio managers and front-to-back office personnel as part of core banking transformation projects on the continent and in the UK. Prior to joining CSS, Alexis product managed London Stock Exchange Group’s EMIR Trade Repository.

 
 
 



Nicklas Nilsson is a Regulatory Specialist at CSS concentrating on global transaction reporting, including SFTR, MiFIR and EMIR. Nicklas is currently in a cross-functional role covering the regulations from analysis to implementation. He has eight years of experience working in the finance industry, including operational experience in fund reporting and regulatory implementation. Prior to joining CSS, Nicklas held positions at Swedbank, SEB and Wahlstedt Sageryd.

 
 

Categories
This Week in FCPA

Episode 261, the Live from Portland edition


As Tom records from an undisclosed location, he and Jay are back to take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Live from Portland edition.
Stories

  1. Tom takes up the call for Design Thinking to be used in compliance. Part 1-the steps in design thinking. Part 2-using design thinking to operationalize compliance. Part 3-into your compliance program.
  2. I screen, You screen, We all screen (but not for ice cream). Szilvia Andriasik in the FCPA Blog.
  3. The pandemic redefined the role of the GC. Did it do the same for the CCO. Abbott Martin and Rosie Griffin in
  4. How to train managers in COI. Jeff Kaplan in COI Blog.
  5. The Bribery Act at 10. Neil Hodge in Compliance Week (sub req’d)
  6. Expanding your DD horizons for ESG. Alek Chance In Navex Global’s Risk and Compliance Matters.
  7. Upgrading your compliance program in 5 steps. Joe Murphy in Compliance Week (Sub Req’d)
  8. Is your training sticky? Gio Gallo in CCI.
  9. Using data analytics to uncover anomalies. Jessica Ellsworth in CCI.
  10. Internally communicating about cyber security issues. Davis Polk lawyers in the Harvard Law School Forum on Corporate Governance.

Podcasts and Events

  1. Career Can Do, the latest edition to the Compliance Podcast Network, premiers this week. Recruiting guru Mary Ann Faremouth discusses all facets of the hiring process. In Episode 1, she interviews Jessica Levine.
  2. In Integrity Through Compliance, AMI’s Dionne Lomaxspeaks with Joe Miller, the co-chair of Mintz Levin’s antitrust practice. They focus on recent developments in antitrust compliance — specifically, compliance with government consent decrees and what might be occurring behind the scenes at federal enforcement agencies once a company has settled antitrust charges.
  3. This week on Greetings and Felicitations, Tom is joined by Ben Locwin to look at some of the science behind Star Trek, the Original Series. Mirror Mirror and TransportersWhere No Man Has Gone Before and PhasersThe Naked Time and Warp DriveTomorrow is Yesterday and Black Holes, White Holes, and Wormholes; and Journey to Babel and the Medicine of TOS.
  4. A new month on The Compliance Life! In July I visit with Asha Palmer, CECO at Convercent. In Episode 1, from Claire Huxable to the DOJ. In Episode 2, ‘What do you think about Abu Dhabi?’
  5. The tables are turned on Tom by the Brothers Gallo and Jason Mefford as they interview him for their respective pods. Nick and Gio on The Ethics Experts. Jason on Jamming with Jason.
  6. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.