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Compliance Tip of the Day

Compliance Tip of the Day – Using GenAI to Make Small Transformations

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, we aim to provide 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.

Today, we review how to begin using AI to make small transformations and build up to larger ones.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

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Blog

Right is Right/Wrong is Wrong: Trump, The FCPA and Effective Compliance

In a surprise to no one, President Trump said he was suspending Foreign Corrupt Practices Act (FCPA) enforcement. Why is it no surprise? Because the FCPA commits illegal bribery and corruption against foreign officials and employees of state-owned enterprises outside the US. Trump wants to make such business tactics legal for US companies, as he thinks US companies cannot compete with other international actors without engaging in such illegal conduct. But the reality is that Mark Twain was correct; ‘right is right and wrong is wrong,’ and Trump’s pronouncement of non-enforcement did not make bribery and corruption of foreign officials and employees of state-owned enterprises outside the US legal. This announcement also puts more US companies at risk for shakedowns by corrupt foreign officials.

For the compliance professional, this suspension of FCPA enforcement will make having an effective corporate compliance program even more important for the upcoming 3+ years of Trump’s final term. I want to break down the reasons for continued effective compliance into legal and business.

Criminal Reasons

A. 5-Year Statute

The FCPA is still the law of the US. Any company or person who now engages in bribery and corruption of foreign officials and employees of state-owned enterprises outside the US will violate the FCPA. There is a five-year statute of limitation on FCPA enforcement, so even if your organization decided to start bribing today, there would be a five-year window of potential liability. Moreover, it is five years from the discovery of the illegal conduct, so unless your organization affirmatively states via its books and records that it has engaged in illegal activities and violated the FCPA, there will be an even longer tail for investigation and prosecution.

B. SEC and Books and Records

Remember, the FCPA has two basic provisions. One, thou shalt not bribe foreign officials and employees of state-owned enterprises outside the US. Second, thou shalt have accurate books and records. The Securities and Exchange Commission (SEC) enforces this second component of the FCPA. It has two parts: (a) financial books and records that accurately reflect the financial condition of the organization and (b) effective internal controls that prevent bribery and corruption. Is the SEC now going to turn its back by allowing companies that engage in illegal actions to puff up their profits to defraud the American public?

C. Individual Prosecutions Outside the US

The stakes are even higher for the individual corporate employee doing business outside the US. NO country in the world says that bribing our government officials is legal. That makes any such bribe illegal. This is not about an extra-territorial law such as the FCPA, where China or Nigeria would come to the US and arrest a US citizen for actions in China or Nigeria. Instead, it is about China or Nigeria enforcing their domestic laws. Remember the GlaxoSmithKline PLC (GSK) bribery conviction in China in 2014. A Chinese court fined the company nearly $500 million dollars. Equally significant was the criminal conviction of the Country Manager and several of his direct reports. With the Trump Administration aiming more tariffs and other trade sanctions at China, does anyone not think the Chinese government may well open investigations, warranted or not, at US corporations doing business in China and US individuals working in China? (For a full discussion of the entire sordid affair of GSK in China, read my book on it, available on Amazon.com)

What about detaining US businesspersons on more trumped-up charges? Just look at what purported US ally Nigeria did to Binance compliance officer Tigran Gambaryan in 2024. According to the New York Times (NYT), the “Nigerian government charged Mr. Gambaryan and Binance itself with tax evasion and money laundering — effectively accusing the company and a midlevel employee of the same crimes.” He was held in custody for eight months in a Nigerian prison in Abuja. Both the GSK matter and Gambaryan’s case point to the real risks that US businesspersons may now well face if they engage in bribery and corruption outside the US. Wherever you want to be, a prison in China or Nigeria is not one of those places.

Business Reasons

A. The Bribery Tax

Paying bribes is a cost. Once you pay a bribe, corrupt officials have you in their collective back pockets. Multiple FCPA enforcement actions over the years have demonstrated that corruption officials are never shy about demanding more illegal payments during the life of a business relationship. Does an organization think a one-time bribe payment will secure your contract? Once corrupt government officials eat at the trough of a corrupt company, they always come back for more. Churchill said, ‘One, we have established your morals; now it’s just a question of the amount.’

Bribery can be a one-time payment or much more ongoing. Bribes are a percentage of the overall contract value and can go up or down. Who is going to keep those records, and how does an organization engage in such negotiations? It sounds like trying to negotiate with organized crime. The bottom line is that bribes are a tax that any organization subjects itself to when it engages in corruption.

B. Negative Impact on Revenue

Not only does paying bribes put an individual and organizations at criminal risk, but it can also be more costly and a less effective business strategy in the long run. A CFO.com article reported that George Serafeim and Paul Healy of Harvard Business School released a paper in the American Accounting Association journal The Accounting Review that the business impact of paying bribes “overall effect on a company’s finances is nil—a poor result, given that the practice could trigger damaging media. Yet bribes are costly. The low returns on equity on incremental sales in high-corruption markets for firms [that commit bribery] imply that the costs are not fully recovered through higher prices on corrupt contracts or through scale economies from increased sales.”

Statistically, the authors reviewed some “480 large multinational companies from 32 countries; those with strong anticorruption programs had average sales growth over three years of 2.6% in high-bribery countries or regions, far below the 14.1% achieved by anticorruption laggards. Yet, that didn’t translate to a greater gain in return on equity for the latter group compared with the former. “On average, the sales growth and ROE effects are offsetting.”

C. Department of Bribery and Corruption

Now, think about the business impact of how bribes might be paid. Will your organization go full Siemens or Odebrecht and create an entire department dedicated to bribery and corruption? Will your organization change its Code of Conduct to say that now that the Trump Administration has suspended FCPA enforcement, your company will engage in illegal acts? Are you going to try to hide your newfound business strategy? If so, what is the cost of announcing that your organization believes in unlawful acts to gain business? What business executive will lead this organization and put their head on the chopping block for directing illegal activity?

Your organization would be skewered in the court of public opinion. Just as consumers have no interest in purchasing clothing or other products created by slaves or forced labor, they would have zero interest in companies that pay bribes to garner business. Such actions could also lead to more civil actions for anti-competitive behavior brought by private parties.

But here, the greater risk is internal for companies. After 20 years of training on not paying bribes, how to spot a bribe, and who not to do business with, the Trump Administration expects US companies to change course. What will this do to a culture of doing business ethically and in compliance? If corporate execs set up a Department of Bribery and Corruption or try to hide it, what message does that send to employees? It sends the message that engaging in bribery, corruption, and fraud is acceptable in our organization.

This fraud component may be the most important business reason for robust compliance. Every ACFE Report to the Nations makes clear that corruption is a subset of fraud. Any company that supports bribery and corruption will be more susceptible to employees engaging in fraud. After all, if a company is willing to violate the law to make money, why shouldn’t employees do so as well?

III. Compliance is the Key

I have set out all of these scenarios to explain why compliance will become even more important during this second Trump administration. If doing ethics is doing the right thing when no one is looking, then compliance should be seen as the business process that follows up to ensure it is all happening. Going forward, the need for effective compliance will only increase, and the pressure on compliance professionals will intensify. An effective compliance program will make your business run more efficiently and more profitably. It will protect your organization from various woes brought on by the current administration.

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Great Women in Compliance

Humans at the Center of Strategy with Patrícia Godoy Oliveira

In this week’s episode, Hemma sits down with Patrícia Godoy Oliveira to explore her remarkable journey in compliance, which has spanned leadership roles at Google and Uber to her current position as LatAm Compliance Officer at Gallagher.

Join us as Patricia shares how she keeps people at the heart of her compliance strategies, leveraging behavioral science and Trust and Inspire leadership to empower business partners. With practical insights, book recommendations, and a deep passion for ethics and compliance, Patricia offers a refreshing perspective on leading with purpose in this engaging and thought-provoking conversation.

Highlights include:

  • Navigating personal and professional transitions and reflecting on purpose
  • How to build trust with your regional business teams in a global company
  • Practical tips on incorporating behavioral science into your compliance program
  • Fabulous reading recommendations for thought leadership and continuous learning in compliance

Biography

“Patricia is the LatAm Compliance Officer for Gallagher. Her career encompasses senior leadership roles at prominent American and Brazilian companies, including her tenure as Regional Chief Compliance Officer at Google and Director of Ethics & Compliance at Uber. Patricia’s impactful contributions have garnered repeated recognition, including being named one of Brazil’s “Most Admired Professionals” in Compliance on multiple occasions.

A graduate of Instituto Presbiteriano Mackenzie (Law School, Brazil) with a Master’s degree (LL.M.) from the University of Chicago (US) and an MBA from Fundação Getúlio Vargas (CEAG, Brazil), Patricia complements her academic achievements with specialized courses in Insurance, Reinsurance, and Law. Her profound understanding of both mature and evolving regulatory environments is a testament to her 15 years of experience in the Insurance and Reinsurance industry and 5 years in the dynamic Tech sector.

Patricia’s pragmatic approach to legal and compliance is grounded in economic and behavioral principles. She empowers organizations to achieve their goals by translating complex challenges into sound business strategies. Her leadership has successfully implemented innovative programs and training initiatives that foster ethical conduct and drive sustainable growth.

A respected voice in the field, Patricia actively shapes industry standards as a lecturer and professor at the Compliance Committee of AMCHAM, Brazil Chapter. Her unwavering commitment to ethical business practices is evident in her extensive involvement in various professional organizations, including the Ethics Tribunal of the Bar Association in Sao Paulo and the Global Compact of the United Nations. Patricia’s journey exemplifies a dedication to building a more just and responsible business world.”

Resources:

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All Things Investigations

All Things Investigations – DeepSeek’s AI Revolution: Implications for Compliance and Security

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR Partner Mike Huneke and Brent Carlson from the Berkeley Research Group.

Brent Carlson and Mike Huneke review the recent DeepSeek AI announcement, which has stirred significant debate in the business and compliance sectors. Brent views this development as a “Sputnik moment” in the technology space, highlighting both the exciting potential and the profound implications for national security and corporate strategy, particularly due to the dual-use nature of AI technologies. On the other hand, Mike has expressed concern over the contentious debates surrounding export controls, emphasizing the necessity for robust compliance frameworks to mitigate liability risks and adapt to the evolving AI landscape. Together, they stress the importance of incorporating high probability standards and reliable inputs into compliance programs to effectively navigate the complex challenges of advanced AI technologies like DeepSeek, ensuring corporate citizenship and strategic advantage in this new era.

Key highlights:

  • Groundbreaking AI Progress Raises National Security Concerns
  • AI Market Disruption by DeepSeek Technology
  • High Probability Standard in Export Control Compliance
  • Subjective Judgment in Compliance Risk Assessment Framework
  • Red Flag Detection with Data Analytics Tools

Resources:

Hughes Hubbard & Reed website

Brent Carlson on LinkedIn

A Fresh Look at US Export Controls and Sanctions

DeepSeek Finds US Export Controls at a New ‘Sputnik Moment’ in Bloomberg Law

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Compliance Into the Weeds

Compliance into the Weeds: End of FCPA and CFPB?

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 explore a subject more fully. Are you looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this Compliance into the Weeds episode, Tom Fox and Matt Kelly review the Trump Administration’s attempts to end enforcement by the CFPB and corruption under the FCPA.

Last week, significant alterations were made to enforcement policies related to the Foreign Corrupt Practices Act (FCPA) and the Consumer Financial Protection Bureau (CFPB), resulting in a noticeable reduction in enforcement efforts and a shift in focus towards issues like corporate bribery associated with drug cartels and human trafficking. These actions will create risks for U.S. businessmen in countries like China, who might face false charges due to the de-emphasis on traditional FCPA enforcement, and these policy shifts might expose U.S. companies to anti-corruption investigations leveraged by other countries in retaliation to Trump’s trade policies.

Matt Kelly emphasizes the need for businesses to maintain robust compliance programs despite the enforcement rollback, warning that legal risks remain due to the statute of limitations, and stresses the importance of upholding corporate compliance and ethical standards to prevent corruption. Through their extensive experiences in compliance and corporate governance, both Tom and Matt highlight the complexities and potential repercussions of these enforcement changes on global business operations.

Key highlights:

  • Introduction: Unpacking the Current Situation
  • Emphasis on Corporate Bribery in Enforcement Changes
  • Upholding Compliance Duties Amid Enforcement Changes
  • FCPA and CFPB Statute of Limitations
  • Global Business Impact of Trump’s Trade Policies

Resources:

Matt in Radical Compliance

Tom

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Daily Compliance News

Daily Compliance News: February 12, 2025, The Hui Chen on Bondi Memo Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News—all from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Top stories include:

  • Buyer’s remorse in Minnesota. (WSJ)
  • Hui Chen weighs in on Bondi Memo. (Law360sub req’d
  • Ethics programs are more than simply compliance. (Forbes)
  • A green light for corruption. (FT)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the FCPA Survival Guide on Amazon.com.

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Compliance Tip of the Day

Compliance Tip of the Day – Building Trust in AI with Blockchain

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, we aim to provide 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.

Today, we review how compliance professionals can build trust for AI through blockchain.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

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Compliance Tip of the Day

Compliance Tip of the Day – Building a Data-Driven Culture

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, we aim to provide 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.

Today, we review how compliance can drive a data-driven culture in the compliance function and throughout the organization.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

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Blog

Building Trust in AI with Blockchain: A Compliance Perspective

Artificial Intelligence (AI) has rapidly become a key driver of business decision-making across industries, from financial services to healthcare. Yet, despite its enormous potential, AI remains a “black box” that raises serious concerns about transparency, accountability, and fairness. According to Pew Research, 52% of Americans are more concerned than excited about AI, while only 10% express enthusiasm. This trust deficit presents a critical challenge for compliance professionals: how can organizations demonstrate responsible AI use and ensure compliance with evolving regulatory expectations?

I was therefore intrigued to read a recent article in the Harvard Business Review by Scott Zoldi and Jordan T. Levine entitled, Using Blockchain to Build Customer Trust in AI. Their response to this quandary was to look at FICO, a leader in financial analysis and ratings, which developed a private blockchain that automated documentation and standards in model development. FICO’s approach leaned directly into a series of strategies used by compliance professionals.

The Compliance Challenge of AI

AI’s ability to analyze vast amounts of data and generate predictions is its greatest strength and its most significant liability. Machine learning models can reinforce biases, lack interpretability, and operate without clear accountability. Compliance professionals must address these challenges head-on by ensuring that AI models are:

  • Interpretable: Customers and regulators need to understand how AI models make decisions.
  • Auditable: Organizations must maintain detailed records of AI development and deployment.
  • Enforceable: Compliance teams need mechanisms to ensure adherence to ethical AI standards.

Without these three pillars, AI risks becoming a compliance nightmare that could lead to regulatory penalties, reputational damage, and loss of customer trust.

Blockchain ensures that AI models are developed following internal guidelines and regulatory requirements. Every modification to the model, from data selection to algorithmic tuning, is permanently recorded, making it easier for compliance officers to track decisions and pinpoint the cause of any discrepancies. This immutable nature benefits industries with strict regulations, such as finance and healthcare, where audits and regulatory reviews are routine.

Additionally, blockchain helps prevent unauthorized alterations by requiring cryptographic verification before changes are accepted into the system. Any attempt to introduce bias, manipulate datasets, or adjust algorithms must be documented and approved transparently. This enhances accountability and strengthens organizational trust in AI.

Blockchain’s integration into AI governance fosters cross-functional collaboration between compliance, legal, and data science teams. Using a single, tamper-proof source of truth, organizations can streamline communication and ensure that AI-related decisions align with corporate policies and industry standards. This collaborative approach mitigates risks and reduces inefficiencies, allowing businesses to innovate responsibly while maintaining regulatory compliance.

For compliance professionals, blockchain provides an operational framework supporting continuous AI model monitoring and improvement. It facilitates real-time oversight, allowing organizations to identify potential compliance risks before they escalate into regulatory violations or reputational damage. As AI technology evolves, blockchain’s role in governance will likely expand, offering even greater opportunities for secure, transparent, and ethical AI development.

Blockchain: A Path to AI Accountability

Blockchain technology offers a potential solution by providing an immutable, transparent record of AI model development and decision-making. The authors reviewed FICO’s adoption of blockchain. They learned, “Making this system work was less a tech challenge than a people one. They learned it was important to start with standards, then develop the tech; that making the system user-friendly was non-negotiable; that it was essential to iterate on quick wins; that they had to build repositories to hold large AI assets in alternate storage; and that they needed capable IT teams to handle the maintenance demands of this system.”

By moving from traditional documentation methods (such as Word documents) to a private blockchain, FICO:

  • Reduced model support issues and recalls by over 90%.
  • Created a single source of truth for AI model development.
  • Ensured absolute adherence to AI governance standards.

Blockchain’s ability to create an auditable trail of every change, test, and decision made during AI model development provides a powerful compliance tool. Unlike conventional documentation, blockchain prevents unauthorized changes and ensures compliance teams can verify AI decisions long after they are made.

Beyond compliance, blockchain enhances the efficiency of AI governance by automating tracking mechanisms that reduce administrative burdens. Traditionally, managing AI development required extensive oversight, documentation, and verification processes, often prone to human error or oversight. By leveraging blockchain, organizations can automate this oversight, ensuring that model updates, training datasets, and algorithmic adjustments are securely recorded in a tamper-proof ledger. This improves compliance and accelerates AI innovation by reducing bottlenecks in model validation.

Additionally, blockchain’s transparency enables better cross-functional collaboration between compliance officers, data scientists, and IT security teams. Instead of relying on disparate documentation and periodic audits, stakeholders can access a real-time, immutable ledger of AI development activities. This fosters greater accountability and ensures that AI models align with ethical guidelines, regulatory requirements, and corporate governance policies from inception to deployment.

Blockchain can mitigate risks associated with AI bias and ethical concerns by providing a structured framework for tracking model modifications and testing processes. Any deviation from approved methodologies is recorded, allowing organizations to detect and address potential issues before they impact decision-making. This proactive approach strengthens AI reliability and fosters trust among regulators, customers, and stakeholders who demand greater transparency in automated decision-making processes.

By integrating blockchain into AI governance, organizations gain a robust compliance tool that ensures models are developed responsibly, deployed ethically, and maintained transparently. As regulatory scrutiny around AI continues to grow, adopting blockchain-based governance is not just an operational advantage; it can provide both a strategy and mechanism for maintaining trust and regulatory compliance in the evolving AI landscape.

Key Compliance Lessons from FICO’s Blockchain Approach

1. Standards Must Come First

Before implementing blockchain, organizations must establish clear AI development standards. This includes defining acceptable algorithms, ethical testing methodologies, and regulatory compliance requirements. Without these guardrails, blockchain is just another technology without purpose.

2. User Adoption Requires a Seamless Experience

One of the biggest hurdles in AI governance is ensuring that data scientists comply with established processes. At FICO, blockchain-based AI governance became non-negotiable—developers could not release models without following the blockchain-tracked workflow. Making compliance seamless rather than burdensome is key to adoption.

3. AI Governance Must Be Iterative

FICO’s blockchain approach evolved, starting with small proofs of concept before scaling across its AI development teams. Compliance professionals should take a similar approach, testing blockchain governance in high-risk areas before expanding its use across the organization.

4. Immutable Records Are Key for Regulatory Defense

Regulators are increasingly scrutinizing AI-driven decisions, especially in highly regulated industries such as finance and healthcare. An immutable AI development, testing, and deployment record provides a powerful defense against regulatory inquiries. It also enables organizations to demonstrate compliance rather than scrambling to justify decisions afterward proactively.

5. Blockchain Is a Tool, Not a Silver Bullet

While blockchain enhances AI governance, it is not a substitute for a strong compliance program. Organizations must still conduct rigorous ethical testing, monitor AI performance, and engage with regulators to ensure ongoing compliance. Blockchain should be viewed as an enabler of trust, not a cure-all.

Final Thoughts: The Future of Compliance in AI Governance

As AI becomes more embedded in business operations, compliance professionals must evolve their oversight strategies to keep pace. Blockchain offers a compelling approach to ensuring AI accountability, but it requires careful implementation, clear governance standards, and buy-in from business leaders.

FICO’s success demonstrates that trust follows when AI governance is built on transparency, auditability, and enforceability. Compliance professionals who embrace blockchain’s potential can help bridge the trust gap in AI, ensuring that these powerful technologies are used responsibly, ethically, and in full compliance with regulatory expectations.

For compliance teams, the question is no longer whether AI governance needs to evolve but how quickly organizations can implement solutions that keep AI accountable. Blockchain is one step in the right direction.

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Compliance Tip of the Day

Compliance Tip of the Day – AI, Process Management and 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, we aim to provide 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.

Today, we review aligning technology, data, and governance to enhance compliance frameworks and drive value across organizations.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.