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Innovation in Compliance

Innovation in Compliance: Jay Rosen on Navigating Ethics and Compliance Challenges Through Self – Monitoring

Innovation comes in many forms, and compliance professionals need to not only be ready for it but also embrace it. Today, I visited with well-known compliance professional Jay Rosen to discuss how companies can improve their compliance programs through self-monitoring.

Jay Rosen is a seasoned professional with a background in investment banking and a keen interest in ethics and compliance programs. Rosen’s perspective on ethics and compliance programs is shaped by his extensive analysis of FCPA enforcement actions over the past decade. He believes that companies should carefully consider their internal setup before deciding whether to bring in a third party for assistance. He suggests that while an outside perspective can sometimes lead to a deeper investigation, a mature ethics and compliance program with sufficient resources in-house can also be effective. Rosen emphasizes the importance of objectivity in these programs and proposes a compromise of working with a fractional monitor if the company lacks the necessary headcount. He sees the increasing use of data analytics and self-reporting as key factors in improving ethics and compliance efforts within organizations.

Resources:

Jay Rosen on LinkedIn | Twitter

Tom Fox

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Data Driven Compliance

Data Driven Compliance: From Cutting Edge to Best Practices to Table Stakes

Are you struggling to keep up with the ever-changing compliance programs in your business? Look no further than Tom Fox’s award-winning podcast, Data-Driven Compliance. This podcast features an in-depth conversation about the uses of data and data analytics in compliance programs. Data-Driven Compliance is back with another exciting episode. Today, I take a solo turn to explore how data-driven compliance has moved from cutting-edge compliance to part of a best practices compliance program to becoming table stakes to do business in a multi-national world.

Data-Driven Compliance Programs are revolutionizing companies’ identification of potential compliance issues, mitigating risks, and maintaining integrity. The Department of Justice has given these programs, which use data analytics and AI, the go-ahead because of their capacity to improve business efficiency and stop improper payments. The bottom line is that these programs have transitioned from being cutting-edge to being considered best practices.

Active data monitoring and analysis, inter-departmental collaboration, and formal risk assessments are cornerstones of a robust compliance program. This is because of the power of data analytics and AI in compliance monitoring and the need for compliance professionals to adapt continuously to the evolving landscape of data-driven compliance. Implementing a data-driven compliance program avoids trouble and enhances business efficiency in today’s regulatory environment.

Tom Fox 

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Compliance Week Conference Podcast

Compliance Week 2024 Speaker Preview Podcasts – Mary Shirley on Living Your Best Compliance Life

In this episode of the Compliance Week 2024 Preview Podcasts series, Mary Shirley discusses her workshop at Compliance Week 2024, “Living Your Best Compliance Life,” based on her book of the same title. Some of the issues she will discuss in this podcast and her presentation are:

  • A session for rising stars;
  • How to position yourself to lead in compliance; and
  • Hearing more from government officials and more about FEPA.

I hope you can join me at Compliance Week 2024. This year’s event will be held April 2-4 at The Westin Washington, DC, Downtown. The line-up for this year’s event is first-rate, with some of the top ethics and compliance practitioners around.

Gain insights and make connections at the industry’s premier cross-industry national compliance event, offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 19th year, join 500+ compliance, ethics, legal, and audit professionals who gather to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. Compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs, among many others, to:

  • Network with your peers, including C-suite executives, legal professionals, HR leaders, and ethics and compliance visionaries.
  • Hear from 80+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
  • Hear directly from panels on leadership, fraud detection, confronting regulatory change, abiding by cross-border rules and regulations, and the always favorite fireside chats.
  • Bring actionable takeaways to your program from various session types, including cyber, AI, Compliance, Board obligations, data-driven compliance, and many others, for you to listen, learn, and share.
  • Compliance Week aims to arm you with information, strategy, and tactics to transform your organization and career by connecting ethics to business performance through process augmentation and data visualization.

I hope you can join me at the event. For information on the event, click here. As an extra benefit to listeners of this podcast, Compliance Week is offering a $200 discount on the registration price. Enter the discount code TFOX2024 for $200 off.

The Compliance Week 2024 Preview Podcast series is a production of the Compliance Podcast Network. Compliance Week is the sponsor of this series.

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Compliance Tip of the Day

Compliance Tip of the Day: Why Compliance Needs a Seat at The Table

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we review why compliance needs a seat at the corporate strategy table.

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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Blog

A Shifting Mindset Towards Prevention

It would not be too controversial to say that compliance programs are crucial in ensuring that organizations adhere to legal and ethical standards. That is basically what we are all striving to do. However, many of these programs are reactive, focusing more on problem-solving than prevention. This approach often leads to a lack of resources and initiative for proactive measures, which can ultimately hinder the effectiveness of compliance efforts. What I would ask you to consider today is a shift in your compliance program to prevention through greater engagement.

I have long used the McNulty Maxim’s of (1) What did you do to stop it? (2) What did you do to find out about it? and (3) What did you do to fix it? (Prevent, Detect, Remediate) You may need to shift your compliance mindset regarding your compliance regime. Through proactive measures, such as engaging and frequent training, you can move towards creating a culture of compliance that is both effective and engaging. Ronnie Feldman continually reminds us of the value of using entertainment and comedy in compliance training to make the learning experience enjoyable and memorable.

One of the critical factors impacting the shift towards prevention and engagement is the allocation of resources. Traditionally, compliance programs have focused on detection and investigation, often spending a significant portion of their budget on these reactive measures. However, as Feldman pointed out, this approach can be counterproductive. By investing more in preventative measures, organizations can mitigate risks more efficiently and avoid the need for extensive investigations.

Another essential factor to consider is the impact on employees. Compliance programs relying solely on detection and punishment can create a hostile, fear-based culture. Employees may hesitate to speak up about potential issues or concerns, fearing retribution or negative consequences. On the other hand, a prevention-focused approach that emphasizes engagement and empowerment can foster a culture of trust and psychological safety. When employees feel safe and supported, they are likelier to speak out and ally with their colleagues.

Balancing these factors can be challenging. Compliance professionals must find a way to allocate resources effectively, ensuring that both prevention and detection measures are in place. This requires a shift in mindset and a willingness to invest in proactive measures, even if it means reallocating resources from reactive measures. It also requires a commitment to engaging and empowering leaders within the organization, as they play a crucial role in setting the tone for compliance.

One approach to achieving this shift is through the use of microlearning. Many training professionals have highlighted the value of short, impactful learning modules that can easily integrate into employees’ daily routines. By delivering training in bite-sized pieces, organizations can ensure that employees are consistently engaged and learning without overwhelming them with lengthy and infrequent training sessions.

While shifting compliance programs towards prevention and engagement is compelling, it is essential to acknowledge the challenges associated with implementing such a shift. Resistance to change, limited resources, and competing priorities can all pose obstacles. However, by recognizing the importance of prevention and engagement, organizations can begin to overcome these challenges and make meaningful progress toward a more effective and engaging compliance program.

Shifting compliance programs towards prevention and engagement is a critical step in improving the effectiveness of compliance efforts. By investing more in proactive measures, engaging employees through innovative training methods, and empowering leaders, organizations can create a culture of compliance that is both effective and engaging. While there are challenges associated with this shift, the benefits far outweigh the tradeoffs. Ultimately, a prevention-focused approach mitigates risk more efficiently and creates a positive and engaging compliance culture.

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Into the Chair - Tales from Chief Compliance Officers

Into the Chair, Tales from Chief Compliance Officers: Rafael Capa on Mastering Risk Management for Success in Compliance

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 of 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 Rafael Capa, who has a background in risk management and is in compliance.

Rafael Capa is a highly experienced risk management professional with a career spanning over two decades in various sectors, including market risk, counterparty credit risk, liquidity risk, and operational risk. His perspective on the overall risk management strategy is shaped by his extensive experience. It is centered on the belief that it should be proactive, efficient, and tailored to the specific needs of the business lines. Capa emphasizes the importance of identifying, measuring, monitoring, reporting, and remediating risks in compliance and encourages firms to be proactive in assessing and implementing policies and procedures rather than waiting for regulations to be put in place. He also advocates for using data analytics and artificial intelligence in compliance to enhance effectiveness and efficiency. Furthermore, Capa, who holds a certificate in climate risk, underscores the emerging significance of this field in the compliance role and the necessity for compliance to keep pace with risk management in addressing this issue.

 

Key Highlights:

  • Proactive Risk Management Strategy Implementation
  • Building a Proactive Compliance Program with Data Analytics and AI
  • Enhancing Compliance through Customized Risk Assessment

Resources:

Rafael Capa on LinkedIn

Haitong International Securities Group

Comply

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Compliance Tip of the Day

Compliance Tip of the Day: Connected Compliance

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider connected compliance and why compliance needs to get everything under one roof.

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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Blog

Joshua Drew and a Career in FCPA Enforcement and Compliance

I recently had the opportunity to visit with Joshua Drew, formerly a lawyer at the Department of Justice (DOJ) at Main Justice in Washington and also an Assistant US Attorney at the US Attorney’s Office for the District of New Jersey. We visited for an episode of the FCPA Compliance Report podcast.

Drew has recently joined the litigation group at Miller & Chevalier. With his extensive background in the fraud section of the DOJ and in-house roles at companies dealing with False Claims Act cases and FCPA resolutions, Joshua brings a wealth of knowledge and experience to his new position. His expertise will contribute to Miller & Chevalier’s strategic growth.

Drew moved from governmental service to HP, where he was Vice President and Associate General Counsel, Ethics & Anti-Corruption. At the time, HP was in the middle of a major FCPA investigation in the early 2010s. One of Joshua’s notable achievements was his role at HP, managing responses to DOJ and SEC investigations related to potential FCPA violations. During his time at HP, he played a crucial role in improving the internal investigation process, which resulted in a more efficient and practical approach. This experience highlights Joshua’s ability to navigate complex compliance issues and find practical solutions.

From HP, he moved to the company formerly known as VimpelCom, now VEON. He began as Associate General Counsel-Investigations and became the Group’s Chief Ethics & Compliance Officer. VimpelCom was going through an FCPA enforcement action and resolution at the time. He helped guide the company through a rigorous Deferred Prosecution Agreement (DPA) and monitorship. VEON was one of several high-profile FCPA enforcement actions involving telecom companies in Uzbekistan who paid huge bribes, totaling over several billion, to the daughter of the then President of the country, a woman named Gulnara Karimova.

Several factors influenced Joshua’s decision to join Miller & Chevalier. Firstly, he was impressed by the firm’s strong team of lawyers, many of whom he had interacted with during his time in-house at VimpelCom. The firm’s reputation for excellence and expertise in practice areas such as FCPA work, false claims act cases, general litigation, and white-collar defense also aligned well with Joshua’s experience. Additionally, Miller & Chevalier’s strategic focus and subject matter expertise in the issues that arise in a DC practice were appealing to Joshua.

Drew also discussed the new Safe Harbor Policy for Mergers and Acquisitions under the FCPA, which was announced in 2023. This policy encourages companies to disclose potential misconduct and cooperate with DOJ investigations, providing strong incentives for companies to get to the bottom of possible misconduct. Drew emphasized the importance of companies conducting thorough investigations, understanding the facts, and making decisions based on all available information in the company’s best interest. He acknowledged that these decisions can be challenging and require careful judgment.

The move to Miller & Chevalier allows Joshua to leverage his skills and experience to contribute to the firm’s strategic growth. His background in dealing with DOJ enforcement actions and his expertise with monitorships will be valuable assets in building on the firm’s existing work in these areas. Joshua’s role at Miller & Chevalier is focused on litigation, and he aims to bring strength to strength by complementing the skills and experience of the firm’s lawyers.

Joshua’s joining Miller & Chevalier brings the firm a unique blend of DOJ and in-house experience. His expertise in FCPA compliance and internal investigations will be instrumental in helping clients navigate complex compliance issues and mitigate risks. With his strategic approach and commitment to excellence, Joshua is well-positioned to make a significant impact at Miller & Chevalier.

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Compliance Into the Weeds

Compliance into The Weeds: Down The Rabbit Hole on SEC Enforcement Waivers

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt go down a rabbit hole regarding the SEC waiving penalties for messaging app violations.

The Securities and Exchange Commission (SEC) has been making headlines for its crackdown on broker dealers who violate record-keeping rules by using off-channel messaging apps like WhatsApp or Snapchat. This has led to hefty fines, yet the SEC has been granting waivers to these same firms, allowing them to continue operating in the securities world. This paradoxical approach has raised eyebrows, including those of Tom Fox and Matt Kelly. Fox finds the SEC’s actions both curious and concerning. He believes that if a waiver program exists, it should be publicly announced and the reasons for granting waivers should be transparent to ensure appropriate scrutiny. Kelly, on the other hand, expresses surprise and disappointment at the lack of transparency from the SEC, suggesting that the waiver program and its reasons should be made clear to the public. Find out more in this fascinating edition of Compliance into the Weeds.

Key Highlights:

  • SEC Sanctions for Off-Channel Messaging Violations
  • SEC Enforcement and Waivers for Internal Violations
  • Cracking down on Off Channel Communications
  • The Need for Public Announcements in SEC Enforcement

Resources:

Matt on Radical Compliance

 Tom 

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Compliance Tip of the Day

Compliance Tip of the Day: The Competitive Advantage of Data-Driven Compliance

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider data-driven compliance as a business process and the more data you have and the longer you keep it, the more you can refine your process.

3 key issues to consider:

  1. The value of obtaining the data.
  2. The higher the value added, the greater the chance that it will create a lasting edge.
  3. At what point does additional data no longer enhance value?

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.