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Innovation in Compliance

Innovation in Compliance – The Strategic Evolution of Compliance: Insights from Angie McPhail

Innovation comes in many forms, and compliance professionals need not only to be ready for it but also to embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. In this episode, host Tom Fox welcomes Angie McPhail to discuss the transformation of compliance from a regulatory function to a strategic business imperative.

Angie shares her professional background, having led the Integrity and Compliance group for the Americas at Juniper Networks before its acquisition by HPE. Key discussions include the evolving role of compliance as a strategic influencer within organizations, the intersection of ethics and integrity with ESG, and the importance of trust in building effective compliance programs. Angie emphasizes the need for compliance professionals to understand business strategy, leverage technology, and build trust to drive sustainable growth. The talk also covers the future outlook for compliance leaders and provides advice on preparing the next generation of compliance professionals.

Key highlights:

  • Compliance as a Strategic Business Function
  • Influence and Trust in Compliance
  • Compliance as a Driver of Business Success
  • Managing Reputational Risk
  • Future of Compliance Leadership

Resources:

Angie McPhail on LinkedIn

Innovation in Compliance was recently ranked 4th among Risk Management podcasts by 1,000,000 Podcasts.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 13 – Policies and Procedures

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance. In this Day 13 episode, we review the importance of having well-crafted compliance policies and procedures as the foundation of a robust compliance program.

Key highlights:

  • Importance of Compliance Policies
  • Key Elements of Compliance Policies
  • Assessment and Evolution of Policies

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 12 – The Importance and Construction of a Corporate Code of Conduct

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance. This Day 12 episode explores the critical value and construction of a corporate Code of Conduct, explaining its evolution from a legalistic document to a cornerstone of compliance programs.

Key highlights:

  • Introduction to Code of Conduct
  • Regulatory Expectations and Guidelines
  • Crafting an Effective Code of Conduct

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

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Blog

Greek Philosophers Week: Part 1 – Socrates and the Asking Questions

I have long wanted to trace the origins of the modern corporate compliance organization back to the ancient Greek philosophers, drawing lessons for compliance and ethics in 2026 and beyond. Today, I begin a five-part series where I do just that. In this series, we will consider Socrates, Plato, Aristotle, Pythagoras, and Euclid. We start with Socrates.

Socrates left no writings of his own. What he left was a method. He believed wisdom began with recognizing what one did not know and then relentlessly testing assumptions through disciplined questioning. That approach maps directly onto the daily work of the compliance professional. Risk assessments, investigations, root cause analysis, culture reviews, and even board reporting all rise or fall based on the quality of the questions asked.

Every effective compliance program begins with a question. Not a policy. Not a control. Not a dashboard. A question. That insight alone makes Socrates the right place to start any serious discussion about the influence of ancient Greek philosophy on modern corporate compliance and ethics programs.

The Department of Justice’s Evaluation of Corporate Compliance Programs (ECCP) does not use the word “Socratic,” but its expectations are unmistakably aligned with Socratic inquiry. Prosecutors repeatedly ask whether a company understands its risks, tests its assumptions, challenges its controls, and adapts when reality changes. A compliance program that does not ask hard questions is not mature. It is merely quiet. Indeed, Hui Chen, the author of the original ECCP, has said that a key purpose of the ECCP was to get compliance professionals to ‘ask questions’.

Ethical Inquiry as a Compliance Obligation

Socrates believed that unexamined beliefs were dangerous. He challenged Athenian leaders not because he enjoyed disruption, but because false confidence creates harm. In a corporate setting, the same risk exists when executives assume that a policy equals compliance or that training completion equals ethical behavior.

  1. Is the corporation’s compliance program well designed?
  2. Is the program being applied earnestly and in good faith? In other words, is the program adequately resourced and empowered to function effectively?
  3. Does the corporation’s compliance program work in practice?

These questions are fundamentally Socratic. It demands inquiry into how the business actually operates, where pressure points exist, and how misconduct could realistically occur. A compliance function that accepts management narratives at face value fails this test.

Daily compliance operations depend on this discipline. When reviewing third-party relationships, a Socratic compliance officer does not ask whether due diligence was performed. They ask whether it was sufficient, whether red flags were rationalized, and whether business incentives distorted judgment. That is inquiry, not administration.

Challenging Assumptions Without Becoming the Enemy

Socrates was executed because his questioning made powerful people uncomfortable. Compliance professionals face a less dramatic, but no less real, version of that tension. The role requires challenging assumptions, even when doing so slows deals, complicates reporting lines, or disrupts revenue projections.

The ECCP specifically evaluates whether a corporate compliance function has sufficient staff to audit, document, analyze, and utilize the results of the corporation’s compliance efforts. Prosecutors should also determine “whether the corporation’s employees are adequately informed about the compliance program and are convinced of the corporation’s commitment to it. Does the company’s culture of compliance, including awareness among employees that any criminal conduct, including the conduct underlying the investigation, will not be tolerated.”

Those structural questions exist because DOJ understands that inquiry without protection is performative. If compliance professionals cannot safely ask uncomfortable questions, the program is cosmetic.

In daily operations, this plays out in subtle ways. Does compliance have the authority to pause a transaction? Can investigators follow evidence wherever it leads? Are audit findings welcomed or explained away? A Socratic approach demands that compliance leaders test these realities rather than assume the answer.

The Socratic Method in Investigations and Root Cause Analysis

Socrates did not accept the first answer offered. He pushed deeper, often exposing contradictions or incomplete reasoning. That approach is directly applicable to investigations and root cause analysis. The ECCP places significant emphasis on whether companies understand why misconduct occurred and whether remediation addresses underlying causes. Too many investigations stop at identifying who violated a policy. Echoing Jonathan Marks, Socratic investigation asks why the violation made sense to the individual at the time. What pressures existed? What incentives misaligned behavior? What controls failed or were bypassed?

This type of inquiry requires patience and courage. It also involves trust from leadership. Findings may implicate management decisions, cultural signals, or compensation structures. Socrates reminds us that truth-seeking is rarely comfortable, but it is essential to ethical improvement.

Culture Is Revealed by the Questions You Allow

Socrates believed that a society’s health could be measured by its openness to questioning. The same is true for corporate culture. The questions employees feel safe asking reveal more than any values statement. The ECCP now explicitly asks companies to explain how they measure and address culture. The ECCP states, “Prosecutors should also assess how the company has leveraged its data to gain insights into the effectiveness of its compliance program and otherwise sought to promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.” Surveys, hotline data, and exit interviews are tools, but they are meaningless without inquiry. Key questions include: Are employees encouraged to speak up? Are concerns investigated thoroughly? Are outcomes communicated? Is retaliation punished?

In daily compliance practice, this means listening as much as enforcing. A Socratic compliance program does not treat employee concerns as noise to be managed. It treats them as data points to be explored. The quality of questions asked in response to a report often determines whether trust is strengthened or destroyed.

5 Key Takeaways for the Compliance Professional

1. Effective compliance begins with inquiry, not documentation.

A compliance program does not become effective simply because policies exist or training is completed. Effectiveness begins when compliance professionals consistently ask how misconduct could realistically occur within their organization. This requires challenging business assumptions, pressure points, and incentive structures. The ECCP repeatedly emphasizes the importance of understanding risk in context, which is impossible without disciplined questioning. A Socratic approach positions inquiry as an operational obligation, not an intellectual exercise, ensuring the program remains dynamic, responsive, and grounded in reality rather than formalism.

2. Risk assessments are living Socratic exercises, not static reports.

Too many organizations treat risk assessments as periodic documentation rather than ongoing inquiry. A Socratic risk assessment tests assumptions continuously as business models, geographies, and incentives evolve. Compliance professionals should revisit risk hypotheses, ask whether controls still function as intended, and challenge comfort-driven conclusions. Under the ECCP, regulators expect risk assessments to inform program design and resource allocation. Socratic inquiry ensures risk assessments remain relevant, credible, and capable of identifying emerging threats before they mature into enforcement issues.

3. Investigations must pursue understanding, not merely attribution.

Identifying who violated a policy is rarely sufficient to prevent recurrence. A Socratic investigation asks why the misconduct occurred, what pressures or incentives influenced behavior, and how organizational systems failed. This aligns directly with the ECCP’s focus on root cause analysis and remediation. When compliance professionals ask deeper questions, investigations become tools for program improvement rather than disciplinary endpoints. This approach strengthens controls, enhances credibility with regulators, and reduces the likelihood of repeat misconduct driven by unresolved systemic weaknesses.

4. Speak-up culture is defined by response quality, not hotline volume.

Organizations often measure speak-up culture by the number of reports received, but Socrates teaches that the real measure lies in how questions are received and addressed. Employees quickly learn whether raising concerns leads to thoughtful inquiry or defensive dismissal. The ECCP evaluates whether companies encourage reporting, protect against retaliation, and communicate outcomes appropriately. A Socratic compliance function listens carefully, asks clarifying questions, and treats concerns as signals worth examining. That discipline builds trust and reinforces ethical accountability across the organization.

5. Socratic questioning requires independence, authority, and protection.

Inquiry without authority is performative. Socrates paid the ultimate price for challenging power, but modern compliance professionals should not. The ECCP explicitly assesses whether compliance functions have sufficient independence, resources, and access to leadership. Without these safeguards, difficult questions go unasked or unanswered. A Socratic compliance program empowers professionals to challenge decisions, pause transactions, and escalate concerns without fear of retaliation. That structural support transforms ethical inquiry from individual courage into institutional practice.

From Socrates to Plato: From Inquiry to Structure

Socrates gives us the starting point. He teaches the compliance professional how to think, question, and resist complacency. But inquiry alone is not enough. Questions must eventually lead to structure, governance, and systems that translate insight into action.

That transition sets the stage for Plato. Where Socrates focuses on method, Plato focuses on design. The movement from Socrates to Plato mirrors the evolution of a compliance program itself, from asking whether risks exist to building governance structures capable of addressing them. In that sense, Socrates is the conscience of the compliance function. He reminds us that effectiveness begins with intellectual honesty and ethical curiosity. Without those traits, even the most sophisticated compliance architecture will rest on shaky ground.

Join us tomorrow for Part 2 and learn about Plato’s role in today’s compliance and ethics programs.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 11 – Moving Compliance Down into an Organization

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance. In this episode, Day 11, we discuss the importance of embedding a culture of compliance throughout all levels of an organization.

Key highlights:

  • Embedding Compliance Culture
  • Role of Middle Management
  • Tone at the Bottom

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 10 – Leadership’s Role in Shaping Corporate Culture and Compliance

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance. In today’s episode, Day 10, we dive into the critical role of senior management in fostering a strong corporate culture of compliance.

Key highlights:

  • The Importance of Corporate Culture
  • DOJ’s Expectations for Senior Management
  • Five Factors for Effective Leadership

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 9 – Continuous Monitoring and Continuous Improvement

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance. Today, Day 9, we discuss continuous monitoring and continuous improvement.

Key highlights:

  • Understanding Changes in Company Risks
  • Continuous Monitoring and Improvement
  • External Information Sources for Compliance

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

Categories
Blog

Will Trump Suspend FCPA Enforcement in Venezuela?

Now that I have your attention with this clickbait title, I want to explore today what the Venezuelan imbroglio may mean for compliance professionals and energy companies who are looking at either entering the Venezuelan market or, in many cases, re-entering it after the not invasion (since it was not a military action authorized by Congress); not a police action (that the Korean War takes the moniker); but the capture of President Maduro and his wife to purloin Venezuela’s oil. As noted by New York Times (NYT) columnist Thomas Friedman today, “It is now clear that Trump’s priority in capturing President Nicolás Maduro of Venezuela was not to make that country safe for the restoration of democracy but to make it safe for the restoration of American oil companies’ dominance over Venezuelan oil extraction.”

But there are multiple obstacles to the US getting to and removing Venezuelan oil. As the Wall Street Journal (WSJ) noted, “But getting foreign companies to flock back to Venezuela will be a massive challenge. Chevron is the only major U.S. oil company and the country’s largest foreign investor. Other oil executives will be forced to gauge the stability on the ground in a country where the industry has fallen into disarray after more than two decades of mismanagement and corruption.” Economically, it may make little to no sense.

Corruption and PDVSA

But from the compliance perspective, there is the issue of corruption. As I wrote back in 2017, “Of all the stench from corruption, not much is more odious than that from the Venezuelan state oil company Petróleos de Venezuela SA (PDVSA). Whether it is shaking down contractors for Rolex watches to schedule a meeting, requiring a bribe to get payments on outstanding invoices, or simply good old-fashioned cash to get on a bid list, PDVSA is perceived to be one of the most institutionally corrupt energy companies around.”

How President Trump plans to get the Venezuelan oil out of the country is not known at this point. But unless he orders US energy companies to put boots on the ground to rebuild PdVSA’s decrepit infrastructure, those same companies will have to deal with the same corrupt PdVSA officials.

In the context of Venezuela’s reopening to Western energy investment, President Trump’s decision to pause enforcement of the Foreign Corrupt Practices Act (FCPA) reflected a broader strategic pivot toward what his administration calls economic competitiveness and national security. His Executive Order issued in early 2025 directed the Department of Justice (DOJ) to halt new FCPA investigations for at least 180 days while it reviewed enforcement priorities on the premise that strict anti-bribery enforcement, as it has traditionally been applied, “impedes U.S. foreign policy objectives” and disadvantages American companies relative to global competitors. The policy rationale was that, in markets perceived as corrupt or opaque, rigorous FCPA enforcement has historically dissuaded US firms from competing effectively, particularly against foreign rivals who do not face the same legal constraints. This argument, which resonated with a strand of populist economic nationalism, frames FCPA enforcement as a barrier to energy companies securing strategic resources, such as Venezuelan oil, rather than as a purely ethical safeguard.

From a compliance professional’s lens, this recalibration had two implications. On one hand, it might reduce the immediacy of DOJ scrutiny for conduct in jurisdictions like Venezuela, where corruption risk is endemic. On the other hand, the suspension does not abolish the law; FCPA remains on the books, and enforcement priorities can flip with the political winds or through congressional action. Moreover, the suspension could embolden local partners or intermediaries to push for irregular payments under the assumption that US enforcement is weak, creating significant red-flag risks for energy companies seeking to operationalize robust controls aligned with the DOJ’s Evaluation of Corporate Compliance Programs (ECCP) standards. Even under a relaxed enforcement regime, a strong compliance program grounded in the ECCP’s emphasis on risk-based design, continuous monitoring, and senior-management accountability remains a critical commercial and legal hedge.

Compliance Going Forward

One of the most important takeaways for compliance professionals confronting Venezuela is the necessary shift from reflexive risk avoidance to disciplined risk management. Mike DeBernardis told me that the modern compliance mandate “is no longer to say ‘no’ when risk is high; it is to say ‘yes, if’ the risk can be identified, structured, and controlled.” This is not a philosophical shift. It is explicitly embedded in the ECCP, which does not reward companies for avoiding difficult markets but instead evaluates how effectively they manage risk in precisely those environments.

In the Venezuelan energy context, this means compliance must be deeply embedded in the business strategy from the outset. Compliance professionals must fully understand the proposed energy project, including its commercial objectives, operational footprint, and timelines. They must map every anticipated interaction with the Venezuelan state, particularly with state-owned enterprises, regulators, customs authorities, and security services.

From there, compliance professionals must identify where corruption pressure is most likely to arise, not in theory but in practice, based on how the business will actually operate. Only then can bespoke controls be designed to address those specific risks. The ECCP repeatedly emphasizes that effective compliance programs are well-designed, adequately resourced, and genuinely empowered. This is where compliance earns its seat at the strategy table. If compliance is engaged only after contracts are signed and capital committed, its ability to influence outcomes is sharply diminished, and the program is far more likely to fail under real-world pressure.

If initial program design is the foundation, continuous monitoring is the load-bearing structure. Energy operations in Venezuela will not tolerate static compliance approaches built around annual certifications or periodic check-the-box reviews. The ECCP explicitly asks whether companies test the effectiveness of their controls and whether they respond promptly and meaningfully to issues as they arise. In a high-risk jurisdiction like Venezuela, corruption risk will evolve rapidly as political conditions, counterparties, and regulatory expectations shift. Compliance programs must therefore be dynamic.

This requires live monitoring of payments, invoices, and reimbursements, particularly those involving third parties and state-linked entities. It requires regular compliance check-ins with project teams operating on the ground and under real-time pressure. It also requires targeted audits that focus narrowly on high-risk transactions rather than broad, generic reviews that miss the point. When red flags appear, swift remediation is essential, including the authority to pause transactions or relationships when necessary. Friction with the business is inevitable in this environment. Under the ECCP, however, that friction is not evidence of failure. It is evidence of independence, effectiveness, and seriousness of purpose.

For energy companies, Venezuela may well be worth the risk. The size of the opportunity, particularly in hydrocarbons, may make disengagement an increasingly unrealistic option. For compliance professionals, however, the mandate is clear and unforgiving. Programs must be designed with the assumption that pressure will occur, that shortcuts will be suggested, and that local counterparts may view compliance as negotiable.

Effective programs anticipate misconduct rather than react to it, and they are built to withstand scrutiny not only from local stakeholders but also from US enforcement authorities looking back months or years later. This requires compliance professionals to think and act as strategic risk managers, not policy custodians. They must insist on visibility into business decisions, demand resources commensurate with risk, and maintain the authority to intervene when necessary.

In the Venezuelan context, success will not be defined by the absence of issues but by how quickly and credibly the organization detects and addresses them. That approach is not merely about satisfying regulatory expectations. It is about protecting the company’s people, assets, and reputation in one of the most challenging operating environments in the world. That is not just compliance. That is strategic risk management at its purest and most demanding.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 8 – Building Effective Compliance Through Payroll

Welcome to 31 Days to a More Effective Compliance Program. Over this 31-day series in January 2026, Tom Fox will post a key component of a best-practice compliance program each day. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will join each day in January for this exploration of best practices in compliance.  Today, day 8, we discuss operationalizing a compliance program through payroll.

Key highlights:

  • Payroll should be at the forefront of any effort to prevent, detect, and remediate anti-corruption compliance issues.
  • Key compliance program components for payroll.
  • Watch for Offshore payments.

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 6th edition, by clicking here.

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AI Today in 5

AI Today in 5: January 8, 2026, The 6 Qs for AI in 2026 Edition

Welcome to AI Today in 5, the newest addition to the Compliance Podcast Network. Each day, Tom Fox will bring you 5 stories about AI to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the AI Today In 5. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest about AI.

Top AI stories include:

  1. How AI can transform federal IT compliance. (Executive Biz)
  2. How AI is remaking reg compliance. (The Financial Revolutionist)
  3. Continuous tuning of transaction monitoring in AML. (FinTech Global)
  4. Compliance, credit, and Agentic AI. (FinTech Magazine)
  5. Six AI questions to ask (and answer) in 2026. (Bloomberg)

For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.