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FCPA Compliance Report

FCPA Compliance Report: Susan Divers – 2023 LRN Global Standards Edition

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back LRN’s Susan Divers to discuss the second report 2023 from LRN on the LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition.

Susan Divers is a seasoned professional in ethics and compliance, working closely with Tom Fox and associated with LRN. She strongly believes in the significance of ethics and compliance programs in companies, emphasizing the need for continuous training and reminders to ensure employees understand and adhere to the rules and expectations. Susan has noticed a trend of integrating ethics and compliance considerations into HR systems, such as performance reviews and promotions, to hold individuals accountable for their actions. She advocates for a shift from rule-based to values-focused programs, emphasizing personal responsibility and implementing policies like Clawback to address misconduct and enforce consequences. Join Tom Fox and Susan Divers as they delve deeper into this topic on the next episode of the FCPA Compliance Report podcast.

Key Highlights:

  • Values-Based Ethics and Compliance Programs
  • Continuous Learning and Reinforcement for Ethical Behavior
  • A values-focused approach to Ethics and Compliance
  • Creating a Culture of Integrity and Accountability

Resources:

Susan Divers on LinkedIn

LRN

Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition

Tom Fox

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 4 – Assessing and Aligning your Corporate Values

One of the concepts enshrined in the Monaco Memo is that the Department of Justice (DOJ) will assess corporate culture for any company that may find itself under investigation for Foreign Corrupt Practices Act (FCPA) violations. This enshrinement is not exactly new as Deputy Attorney General (DAG) Lisa Monaco announced this new DOJ focus in October 2021 in her speech. The parameters of how the DOJ will assess culture are still being worked out but Chief Compliance Officers (CCOs) and compliance professionals need to consider this issue in the context of their own compliance programs and corporate culture in case the DOJ ever comes knocking. Over the next several blog posts, I will be exploring how a corporate compliance function can assess, monitor, and improve your corporate culture.

We begin with assessing your corporate values and then aligning them within your organization. In a recent Harvard Business Review (HBR) article, entitled What Does Your Company Really Stand For?authors Paul Ingram and Yoonjin Choi explored these and other issues. The authors believe that corporate values are more critical than ever. I have adapted their work for the compliance professional.

The authors developed a five-step approach for values alignment.

1.     Identify the values within your employee base and create a values structure.

2.     Identify key priorities from strategy to determine what is the most important thing the organization can do to achieve its strategy.

3.     Wed values that serve both the organization and its employees.

4.     Begin the assessment process.

5.     Generate a final list of organizational values.

From the compliance perspective, the protocol. Recognizing that values are but one part of an overall corporate culture, gives you a mechanism to think through how to begin an overall assessment of your organization. Values do make up a portion of an overall culture. Through the engagement advocated herein, you can not only get a good reading on such key values as trust and respect but, more importantly, learn how to incorporate them as overall assets into your corporate culture.

Three key takeaways:

1. The Monaco Memo enshrined the concept that the DOJ will assess culture.

2. What does your company stand for?

3. When properly aligned, values can be a powerful part of corporate culture.

Check the free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 20, 12 CT. For more information and registration, click here.

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Blog

The Adventure of the Musgrave Ritual and Compliance

The Adventures of Sherlock Holmes, written by Arthur Conan Doyle, is a collection of thrilling detective stories that have captivated readers for over a century. These stories not only provide an engaging reading experience but also offer valuable insights into ethical principles, investigative strategies and leadership qualities. In this article, we will explore the key factors that impact investigative issue in this Sherlock Holmes story. One particular story in the collection, “The Musgrave Ritual,” highlights the importance of document and record-keeping, adherence to traditions and regulations, confidentiality, ethical conduct, conflict resolution, succession planning, respect for rules, policies, procedures, and transparency.

Holmes, known for his exceptional deductive skills, often relies on his trusted friend Watson and utilizes disguises to gather information discreetly. Additionally, Holmes exhibits patience in his investigations, understanding the potential for mistakes if decisions are rushed. This timeless classic serves as a testament to the significance of teamwork and collaboration in achieving successful outcomes.

In “The Musgrave Ritual,” Holmes is presented with a murder mystery that also involves history and family dynamics. This story serves as a delicious mystery from which everyone can learn ethical and compliance lessons, as noted by Tom Fox, the host of the podcast “Adventures in Compliance.”

One of the key lessons from this story is the significance of maintaining confidentiality and safeguarding sensitive information to comply with legal and ethical standards. The Musgrave Ritual itself is a closely guarded secret within the family, emphasizing the importance of secrecy and confidentiality in compliance. In the business world, there are often confidential and sensitive matters, such as data protection and insider trading, that require careful handling.

Ethical behavior and duty are also highlighted in the story. Holmes feels a sense of duty to solve the mystery presented to him, just as individuals and organizations have a duty to adhere to ethical business practices and comply with laws and regulations. Ethical behavior should guide actions and decisions, just as it guides Holmes in his pursuit of justice.

Conflict resolution is another important lesson from the story. The Musgrave family faces long-standing conflicts, and effective compliance programs often include mechanisms for addressing conflicts, such as reporting channels and dispute resolution. Resolving conflicts in a fair and transparent manner is an essential part of ethical compliance.

Succession planning is emphasized in the story, as the Musgrave Ritual is passed down through generations. This highlights the importance of ensuring that compliance practices and ethical standards are upheld over time. In organizations, leaders must ensure the continuity of compliance efforts through proper succession planning.

Holmes’ meticulous attention to detail is a crucial skill for compliance professionals. His success in solving the mystery is largely due to his meticulous attention to detail. Similarly, compliance professionals need to closely review processes and documentation to identify potential issues or violations. Attention to detail is an essential part of every compliance officer’s toolkit.

Respect for rules, policies, and procedures is another lesson from the story. The Musgrave Ritual represents a set of rules and procedures that must be followed, and this is something that every compliance professional needs to be aware of. Compliance requires adherence to rules, policies, and procedures to ensure ethical conduct.

Transparency is also highlighted in the story. Holmes conducts his investigation with transparency and clarity, ultimately explaining his findings to others. In the compliance role of investigations, transparency is critical as it ensures that stakeholders understand the processes and outcomes, fostering trust in compliance.

While “The Musgrave Ritual” is a work of fiction, it contains elements that, when applied to compliance principles such as documentation, confidentiality, ethics, accountability, transparency, and attention to detail, remind us of the importance of compliance and ethical conduct in all aspects of business life.

In conclusion, the Sherlock Holmes stories, particularly “The Musgrave Ritual,” provide valuable lessons in business ethics and compliance. These stories emphasize the importance of document and record-keeping, adherence to traditions and regulations, confidentiality, ethical conduct, conflict resolution, succession planning, respect for rules, policies, procedures, and transparency. By learning from Holmes’ meticulous attention to detail and ethical behavior, compliance professionals can effectively identify and address potential compliance risks or violations. The lessons from these stories serve as a reminder of the importance of considering the impact on ethics and compliance when making decisions in the business world.

For a deeper dive into The Adventure of the Musgrave Ritual and its lessons for the compliance professional, check out this week’s podcast on Adventures in Compliance.

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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 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.

Categories
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 

Connect with me on the following sites:

Instagram

Facebook

YouTube

Twitter

LinkedIn

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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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