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Compliance Tip of the Day

Compliance Tip of the Day: Cross Border Investigations, Part 2

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

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

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this concluding Part 2 of this special two-part episode, we conclude our discussion of key issues in cross-border investigations.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Resources

Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the Investigation Plan by Mara Senn

Categories
Compliance Tip of the Day

Compliance Tip of the Day: Cross Border Investigations, Part 1

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

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

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this opening, Part 1 of this special two-part episode,
we begin our discussion of key issues in cross-border investigations.

For more information on the Ethico ROI Calculator and
a free White Paper on the ROI of Compliance, click here.

Resources:

Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the Investigation Plan by Mara Senn

Categories
31 Days to More Effective Compliance Programs

One Month to More Effective Reporting and Investigations – Issues in Cross Border Investigations

In an article, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the Investigation Plan”, Mara Senn, now Director & Senior Counsel, Global Compliance Investigations at Zimmer Biomet  and Michelle K. Albert, former lawyer at Arnold & Porter discussed cross-border investigations. They considered the following issues.
Offer interview translations.
Avoid cultural pitfalls.
Observe data privacy restrictions.
Comply with labor requirements.
Be aware of other local requirements.
Put forms in native translations.
Preserve the attorney-client privilege.
Prepare for local enforcement actions.
Prepare for security risks.
Protect whistleblowers.

Three key takeaways:

  1. Use translators and translations of key documents in witness interviews.
  2. Use local counsel to facilitate the investigation and to help navigate any local anti-corruption investigation issues.
  3. Never, never, never retaliate. The SEC will pay whistleblower bounties for non-U.S. citizens.
Categories
Fraud Eats Strategy

Far from Home: The Future of Cross Border Investigations

Conducting investigations in certain parts of the world can be challenging because of the business practices, language barriers and cultural differences. In some of those countries, they are discouraged or even unlawful. When you overlay travel restrictions during a global health crisis, challenging doesn’t begin to describe it.

In this episode, we discuss how global organizations are a microcosm of the countries and cultures in which they operate. Understanding the customs, languages, business practices and cultural norms is an essential part of conducting effective investigations when operating outside of the U.S. In many parts of the world, business practices and cultural norms tacitly endorse bribery, corruption, and other financial and property crimes. Companies are expected to operate within the law in each country in which they operate and to follow the standards and practices delineated in the organization’s code of conduct and corporate compliance program. Compliance programs are expected to have certain program elements including mechanisms for confidential reporting of suspected wrongdoing and an efficient, reliable, and properly funded process for investigating the allegation and documenting the company’s response, including any disciplinary or remediation measures taken.

Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, warlords, kleptocrats and more.

Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.