Categories
Corruption, Crime and Compliance

Board Oversight and Monitoring of AI Risks

As companies rapidly adopt artificial intelligence (AI), it becomes paramount to have robust governance frameworks in place. Not only can AI bring about vast business benefits, but it also carries significant risks—such as spreading disinformation, racial discrimination, and potential privacy invasions. In this episode of Corruption, Crime and Compliance, Michael Volkov dives deep into the urgent need for corporate boards to monitor, address, and incorporate AI into their compliance programs, and the many facets that this entails.

You’ll hear Michael talk about:

  • AI is spreading like wildfire across industries, and with it comes a whole new set of risks. Many boards don’t fully understand these risks. It’s important to make sure that boards are educated about the potential and pitfalls of AI, and that they actively oversee the risks. This includes understanding their obligations under Caremark, which requires them to exercise diligent oversight and monitoring.
  • AI is a tantalizing prospect for businesses: faster, more accurate processes that can revolutionize operations. But with great power comes great responsibility. AI also comes with risks, like disinformation, bias, privacy invasion, and even mass layoffs. It’s a delicate balancing act that businesses need to get right.
  • Companies can’t just use AI, they have to be ready for it. That means adjusting their compliance policies and procedures to their specific AI risk profile, actively identifying and assessing those risks, and staying up-to-date on potential regulatory changes related to AI. As AI grows, the need for strong risk mitigation strategies before implementation becomes even more important.
  • The Caremark framework requires corporate boards to ensure that their companies comply with AI regulations. Recent cases, such as the Boeing safety oversight, demonstrate the severity of the consequences when boards fail to fulfill their responsibilities. As a result, boards must be proactive: ensure that board members have the technical expertise necessary, brief them on AI deployments, designate senior executives to be responsible for AI compliance, and ensure that there are clear channels for individuals to report issues.

 

KEY QUOTES

“Board members usually ask the Chief Information Security Officer or whoever is responsible for technology [at board meetings], ‘Are we doing okay?’ They don’t want to hear or get into all of the details, and then they move on. That model has got to change.”

 

“In this uncertain environment, stakeholders are quickly discovering the real and significant risks generated by artificial intelligence, and companies have to develop risk mitigation strategies before implementing artificial intelligence tools and solutions.”

 

“Board members should be briefed on existing and planned artificial intelligence deployments to support the company’s business and or support functions. In other words, they’ve got to be notified, brought along that this is going to be a new tool that we’re using, ‘Here are the risks, here are the mitigation techniques.’”

 

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Blog

Speaking Up is Awesome

We are on a run of some great, informative and incredibly useful books by some super star compliance professionals. A couple of weeks ago Mary Shirley released Level Up. In her book, Mary shared forward-thinking hacks and ideas to improve the effectiveness of your Ethics and Compliance program to build a stronger, winning function, honoring psychological safety. Her manifesto for Living Your Best Compliance life contained carefully curated tips and takeaways for optimum impact and immediate action, at low or no investment, because the typical Compliance Officer is not always flush with funds and tends to make do like a corporate MacGyver.

Next week Adam Balfour’s Ethics and Compliance for Humans will be released. (It is available for presale here.) In his book, Balfour, a well-known corporate compliance expert writes why ethics and compliance departments, HR and business leaders must keep people top of mind when designing and implementing ethics and compliance programs. The human-centric programs Balfour espouses resonate with and are highly relevant to their audiences. They not only consider the human experience, but also protect those who are—or might otherwise be—harmed by wrongdoing. Or as Carsten Tams might say, it’s all about the UX.

I am thrilled to be sitting between two such compliance luminaries with the release of my second children’s book on compliance Speaking Up is Awesome. This is the second in my three-book series about compliance for children. The first Being a Compliance Officer is Awesome was released last December and within its first week was a best-selling book for children on Amazon.com. Both books were published and illustrated by Dinosaur House.

Many years ago, when my daughter was a teenager, I asked her if she knew what a whistleblower was. I told her that when I person raised their hand and spoke up after they saw something wrong, that was being a whistleblower. Her response was “That’s what we call a rat.” I have long thought about her response (and she is long past being a teenager). I have wanted to try and change the narrative for teenagers and I feel like in this book Speaking Up is Awesome I have created a way to do so.

The book is the story of our intrepid crew traveling across the galaxy to Planet Pawtastic Friends, the dog rescue planet. On Planet Pawtastic Friends, dogs receive enrichment training so they can be adopted and move to their Fur-ever homes. In enrichment training, dogs train work with rescue dogs to make them ‘super-adoptable’. On their journey, one of the crew discovers something wrong with the engine but as she is not an engineer, she is worried the ship’s engineers will be mad at her; call her a rat and punish her by not letting her come to Thanksgiving Dinner. But she listens to her gut and decided she must tell the Captain about the problem.

It turns out the problem with the engine was quite serious and her speaking up saved the ship. She listened to her gut and she learned that by doing so, it can pay big dividends when you speak up. Not only did she potentially save the ship, but her suggestion made the spaceship run more efficiently and they were able to go farther by savings on fuel. Her example led the Captain to install an anonymous hotline so that other crew members could make reports of unsafe situations or even make suggestions on how to make the spaceship run better. Everyone on the spaceship learned that speaking up is awesome.

Just like my first book, this new book, Speaking Up is Awesome is aimed for the children, families and friends of compliance professionals. Or perhaps you could take hold of the suggestion of Carsten Tams who said that my first children’s book was an excellent guide for other corporate executives who might not fully understand the role of compliance in an organization. Whoever you might want to purchase my book for; it is designed to change the narrative about how children think about whistleblowers. If we can get a generational change in this dynamic, it will make companies better about doing business in compliance and with greater ethics. Moreover,  it will allow many companies to take their speak up culture to another level.

Kyle Welch, in his seminal work Evidence on the Use of and Efficacy of Internal Reporting Systems found that when companies had a culture of speaking up, they not only sustained material cost savings but they became better run companies. The reason was simple; engaged employees felt safe in raising their hands and speaking up. When they did so with such safety, these companies became better run. It seems straight-forward and Welch’s research affirmed this.

I hope you will check out and purchase a copy of Speaking Up is Awesome and we can all change the narrative for today’s kids. Just imagine a galaxy where kids felt like they could speak up and what it would mean for corporate America when they get into the workforce.

There is yet one more reason to purchase this book. Profits go to Pawtastic Friends, the dogs enrichment center founded by my good friends Michael and Melissa Novelli. They are literally changing dogs lives with enrichment training. Pawtastic Friends is the specified non-profit partner of the Compliance Podcast Networkand also check out their podcast, The Paw Talk which appears on the CPN. In this podcast, Mike and Melissa talk about dogs available for adoption and some dogs who have found their fur-ever homes. I hope you will consider a donation to Pawtastic Friends.

Categories
Sunday Book Review

Sunday Book Review: August 27, 2023 The Internal Audit Edition

In the Sunday Book Review, I consider books that would interest the compliance professional, the business executive or anyone who might be curious. It could be books about business, compliance, history, leadership, current events or anything else that might interest me. In today’s edition of the Sunday Book Review, I continue my summer exploration of books on crime. Today, look at some of the top books on auditing, both for the audit professional and the compliance professional.

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending August 26, 2023

Welcome to 10 For 10, the podcast which brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • Venezuela makes last ditch appeal re: CITGO. (Reuters)
  • SFO drops ENRC investigation. (FT)
  • Poverty a direct result of corruption. (Time)
  • Is due diligence over in China? (FCPABlog)
  • Ukraine institutes whistleblower bounty program. (BusinessInsider)
  • Nigerian ex-Energy Minister arrested for corruption by FCA. (Reuters)
  • Ex-Vitol employee to face FCPA charges. (WSJ)
  • ABC ex-prosecutor surges in Guatemalan Presidential race. (WaPo)
  • Lithium batteries scrutinized under UFLPA. (Reuters)
  • More Odebrecht indictments coming. (WSJ)

You can check out the Daily Compliance News for four curated compliance and ethics related stories each day, here.

Connect with Tom 

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Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 19 – Compliance Culture At The Bottom

One of the most important focuses of the DOJ’s 2023 ECCP was around culture. This means how far has the culture of compliance been driven down into an organization. The 2019 Guidance posed the following:
Culture of Compliance – How often and how does the company measure its culture of compliance? Does the company seek input from all levels of employees to determine whether they perceive senior and middle management’s commitment to compliance? What steps has the company taken in response to its measurement of the compliance culture?
These questions point to a CCO or compliance practitioner demonstrating how a culture of compliance is being burned into the very fabric of an organization. While leadership at and from the top has long been considered by both the DOJ and compliance professionals as a key element to move compliance forward, the 2019 Evaluation has also crystalized thinking around compliance culture throughout the organization, including at the bottom
Too often, strategies to move a compliance program or even an initiative come from the top of an organization and are pushed down. To fully operationalize compliance, you must have leadership in compliance further down the organization which (hopefully) has been a part of the design process and can lead the implementation throughout an organization.

Three key takeaways:

  1. While tone at the top is critical, the tone at the bottom can work to more fully operationalize compliance.
  2. 95% of the work is done at this bottom level.
  3. Use HR to come up with a strategy to move compliance into the bottom for more complete operationalization.

For more information, check out The Compliance Handbook, 4th edition, here.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 18 – Operationalizing Compliance in the Middle

The DOJ has made it clear that middle management is critical to any compliance program’s success. While it does all start at the top, with the Board of Directors and senior executives setting the tone for the rest of the company, prosecutors are mandated, under the 2023 Evaluation of Corporate Compliance Programs (ECCP), to show how middle management, in turn, has reinforced those standards and encouraged employees to abide by them. Moreover, the ECCP posed several questions to middle management, including the following: What actions have middle-management stakeholders taken to demonstrate their commitment to compliance or compliance personnel, including their remediation efforts? Have they persisted in that commitment in the face of competing interests or business objectives?

The DOJ expects compliance to be operationalized down to the middle management level. Further experience has shown that employees prefer to speak to their direct supervisors about issues or potential compliance violations they become aware of. The question is: how can a corporate compliance function reach middle management? This is a key area of assistance that Human Resources can provide, as one of the ways that HR can help to operationalize compliance is to assist each level of an organization to have a proper tone, specifically the middle of an organization.
You must think about your communication lines and communication skills when conveying your message of compliance from the top into the middle of your organization.

Three key takeaways:

  1. While the tone at the top is critical, the middle tone can work to operationalize compliance more fully.
  2. How do you train middle managers?
  3. What compliance tool kit do you provide to middle managers?

For more information, check out The Compliance Handbook, 4th edition, here.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 17 – Promotions to Operationalize Compliance

Welcome back as we dive into the role of HR in compliance and ethics. Today, we will explore the significant role of HR in operationalizing compliance within organizations. Join us as we uncover practical advice and data-driven insights on how HR can promote ethical behavior and create effective internal controls. According to the Department of Justice, promotions demonstrate a company’s commitment to compliance and ethics. By using advertisements to reinforce these values, organizations can showcase their dedication to fostering a culture of integrity and accountability.

The role of HR in corporate compliance programs should be more recognized. Suppose your company has a culture where compliance is perceived to compete or, worse yet, antithetical to HR. In that case, the company must hit all cylinders and may be moving towards dysfunction. Another way you can operationalize compliance is through HR’s involvement in employee promotion. Such compliance embedded into the promotion process can also be considered an internal compliance control. By doing so, your compliance may work to create an effective internal controls regime as mandated by the FCPA and other anti-corruption laws.

Three key takeaways:

  1. Denying a promotion or award due to an employee’s ethical lapses.
  2. Use promotions to reinforce your company’s commitment to compliance and ethics.
  3. Should you wait for great?

For more information, check out The Compliance Handbook, 4th edition here.

Categories
SBR - Authors' Podcast

SBR Authors Podcast: Mary Shirley – Living Your Best Compliance Life: Hacks for Engaging Compliance Programs

Mary Shirley’s conversational and authentic writing style is the focus of this podcast episode. As a compliance officer, she strives to make compliance topics more engaging and relatable. The episode delves into important aspects of compliance, such as program assessment, team building, culture and communications, and enhancing compliance programs. Mary’s book, “Living Your Best Compliance Life: 65 Hacks and Cheat Codes to Level Up Your Ethics and Compliance Program,” offers practical tips and “hacks” for improving compliance programs. The conversation also highlights the value of Compliance Week as a tool for engagement and feedback. Overall, the episode emphasizes the importance of authenticity, engagement, and continuous improvement in compliance functions.

Key Highlights Include

·      Mary’s Writing Style

·      Compliance Program Assessment

·      Enhancing Compliance Programs

·      Utilizing Compliance Week

·      Compliance Week Insights

·      Putting Advice into Practice

Resources

Mary Shirley on Linkedin

Living Your Best Compliance Life: 65 Hacks and Cheat Codes to Level Up Your Compliance Program

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Key Highlights Include

·      Mary’s Writing Style

·      Compliance Program Assessment

·      Enhancing Compliance Programs

·      Utilizing Compliance Week

·      Compliance Week Insights

·      Putting Advice into Practice

Resources

Mary Shirley on Linkedin

Living Your Best Compliance Life: 65 Hacks and Cheat Codes to Level Up Your Compliance Program

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 16 – The Exit Interview

Today, we’re diving into the significance of exit interviews in fully operationalizing a best practices compliance program. Exit interviews provide a valuable opportunity to gather unfiltered insights from departing employees, allowing organizations to enhance motivation, efficiency, and effectiveness. In this blog post, we’ll explore the practical benefits of conducting exit interviews and how they can transform departing employees into lifelong advocates for your organization.

The exit interview can be a further mechanism to operationalize compliance. This type of interview is used when someone voluntarily departs from a company, as opposed to a lay-off or reduction in force exercise. Typically departing employees are more willing to share about their experiences, concerns and issues which led to their employment departure.

Exit interviews are a powerful tool for fully operationalizing a best practices compliance program. They provide organizations with invaluable insights into employee perceptions, job design, and culture. By treating departing employees with dignity and respect, organizations can transform them into lifelong advocates, defending the organization’s reputation and recommending it to potential employees. Compliance ambassadors play a crucial role in strengthening compliance efforts, providing additional resources and support in regulatory issues. By asking detailed questions and fostering collaboration between compliance and HR, organizations can harness the power of exit interviews to enhance motivation, efficiency, and effectiveness in their compliance programs.

Three key takeaways:

  1. The exit interview is an excellent opportunity to obtain information to inform your compliance program.
  2. Use the exit interview to create advocates from departing employees.
  3. Use the exit interview for probing and insightful questions around compliance.

For more information, check out The Compliance Handbook, 4th edition here.

Categories
Innovation in Compliance

Innovation in Compliance – Chris Lehman on Navigating the Wild West: Digital Compliance Strategies

Innovation comes in many areas and compliance professionals need to not only be ready for it but embrace it. One of those areas is telehealth and telemedicine. My guest in this episode is Chris Lehman, CEO at Safeguard Cyber who visits with me to discuss the challenges and importance of managing risk in digital compliance.

The conversation focuses on the shift in communication channels from email to platforms like Slack and social media, highlighting the human factor as the biggest risk in compliance strategies. Lehman emphasizes the need for companies to prioritize compliance and good corporate governance in these new communication channels. To manage risk, companies should treat digital compliance as a risk management process, gaining visibility into employee communication tools, establishing policies, training employees, and utilizing technology.

We also highlight the tension between compliance teams and line of business teams, emphasizing the need for compliance teams to be enablers and strategic partners. The conversation references recent SEC enforcement actions and the importance of taking action to enforce compliance. Overall, digital compliance and governance are crucial in the modern business landscape, and utilizing technologies like monitoring tools and natural language understanding can help businesses stay secure and compliant in the digital age.

Highlights Include:

·      Safeguard Cyber: Securing Digital Communications

·      Managing Risk in Digital Compliance

·      Managing Risk in Compliance

·      Digital Compliance and Governance

 Resources

Chris Lehman on LinkedIn

Safeguard Cyber

Tom Fox

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Twitter

LinkedIn