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Farewell to Christine McVie and Improving Culture in the Era of Hybrid Work

It is not simply the Department of Justice (DOJ) who have emphasized corporate culture over the past 14 months. Many companies and compliance professionals have worried about culture since the Covid-19 pandemic forced organizations to adapt to new working arrangements which, by their nature, isolated employees. Now with the return to work in the form of hybrid work, many compliance professionals are thinking about how to re-engage employees from a cultural perspective in a manner which will meet the new DOJ strictures announced by Deputy Attorney General (DAG) Lisa Monaco in her October 2021 speech.

Before we get to today’s blog, I want to take a few lines to mourn the passing of Christine McVie, from the mega-Super Group Fleetwood Mac. She is the first of their five-person classic line up to pass. She was married to bassist John McVie during part of her tenure with the group. While most fans focused on Stevie Nicks as the lead singer of the group, for me, the top voice was always McVie. Husky and sultry, it was the perfect counterpoint to Nicks. McVie was also the band’s keyboardist and, more importantly, a fantastic songwriter. Her New York Times (NYT) obituary reported that in the band’s Fleetwood Mac’s “Greatest Hits” anthology, which was released in 1988 and sold eight million copies, McVie “either wrote or co-wrote half of its 16 tracks.” Some of the songs she wrote (or co-wrote) included: Say You Love Me, You Make Lovin’ Fun, Hold Me, Don’t Stop, Over My Head and Little Lies.

I was intrigued by a recent Harvard Business Review (HBR) article, entitled Revitalizing Culture in the World of Hybrid Work, reviewing a Gartner study entitled ‘Evolve Culture & Leadership for the Hybrid Workplace’. The article noted, “two-plus years into the pandemic, many leaders worry that remote and hybrid work are undermining their organizations’ culture. Their concerns aren’t entirely misplaced: A 2022 global study by the research and advisory firm Gartner found that just 25% of remote or hybrid knowledge workers feel connected to their company’s culture. But forcing employees back to the office is risky, as CEOs including Elon Musk and Jamie Dimon have discovered firsthand. Companies should take another tack.”

Indeed, the article quoted Alexia Cambon, a research director in Gartner’s HR practice and a principal author of the study, who said, “I find it ironic when leaders say they need to bring workers back to the office because of culture. They’re going to get the opposite of what they hope for. Instead of viewing hybrid work as a disruption to the cultural experience, leaders should see it as an opportunity to build culture differently.” The reality is that even with the rantings of Musk, hybrid work is here to stay not simply because employees want it, but it makes a company run more efficiently.

Cambon explained that culture has two components. The first is alignment, which she defined as “employees know what the culture is and believe that it is right for the firm.” The second is “connect­edness, which means that those same employees both “identify with and care about the culture.” The Gartner survey of “more than 4,500 knowledge workers and 200 HR leaders showed that in-​office mandates drove connectedness sharply down. Among employees with “radical flexibility” (defined as considerable freedom over location, schedule, work volume, team, and projects), 53% reported a high degree of connectedness, whereas just 18% of those with low flexibility did so.”

Understanding this culture dichotomy is important because most compliance professionals are struggling with how to re-engage employees with their corporate culture. Certainly, the Monaco Memo mandates around corporate culture are also driving these concerns. The starting point is to realize that pre-pandemic most efforts to imbue and communicate about corporate culture were around alignment. Compliance professionals tended to believe that “connectedness would occur more or less by osmosis.” Obviously, this approach needs to be rethought in a hybrid working environment “where employees spend 65% less time in offices than they did before the pandemic.” Fortunately, the article provides a three-step roadmap for compliance professionals to do so.

Communicate culture through your organization’s work. The pandemic showed that productivity increased when employees worked from home as “People often have more time for deep work.” An organization needs to use this insight as an “opportunity for employers to instill culture through daily tasks.” Cambon believes, “Every time you engage in a task, you should see the corporate culture reflected in it.” To accomplish this compliance professionals should audit “firm’s work processes to make sure they are compatible with the intended culture… “Say you want your firm to be innovative, forward-thinking, and fast-paced. If your methodologies are bureaucratic and your systems have constant technical glitches, that will undermine the culture.” For the compliance professional, it would allow you to reinforcement your culture messaging literally with every task an employee engages in.

Connect through emotional proximity. Musk and Dimon believing that “in-office interactions sustain culture confuses physical proximity with the more important sensation of emotional proximity.”  They are very different as “physical proximity is being in the same space as another individual” whereas “emotional proximity is being of importance to others.” Yet with fewer workplace interactions, each exchange can make a much stronger impact. It allows and even requires that meetings become more efficient so as not to waste everyone’s time. Compliance professionals can help the business leaders “create moments of emotional proximity by helping remote employees see how their work connects to the company mission.” Most importantly, the article states, “The more employees feel that their contributions are valuable, the more connected to the culture they become.”

Shift from optimizing corporate culture to fostering microcultures. Every Chief Compliance Officer (CCO) at a multinational understands the challenge of creating a strong corporate culture while also allowing local microcultures to thrive. But this challenge can provide an opportunity for “team-level experiences increased connectedness substantially more than enterprise-wide initiatives did. As a compliance professional, you can provide the “guidance to sail in the right direction” without prescribing specific norms and behaviors. The article concludes, “The pandemic has radically changed how employees experience corporate culture, and firms must embrace the new reality. “By relying less on osmosis to drive connectedness and more on intentionality, leaders will see outsized impact on performance and intent to stay.””

Tom’s Top Five Christine McVie playlist (all from YouTube)

Say You Love Me

You Make Lovin’ Fun

The Chain

Over My Head

Little Lies

Categories
Daily Compliance News

October 4, 2022 the Something Fishy Edition

In today’s edition of Daily Compliance News:

  • Cheating in a fishing tournament. (ESPN)
  • Abuse in women’s soccer. Those in authority looked away. (NYT)
  • DOJ promises more individual white-collar enforcement. (WSJ)
  • SCt turns down Platinum Partners fraud convictions. (Reuters)
Categories
Innovation in Compliance

Messaging Through a Great Culture with Richard Blank


 
Richard Blank is the founder, CEO, and head bilingual trainer at Costa Rica’s Call Center, a business process outsourcing (BPO) telemarketing company. They offer outbound and inbound telemarketing solutions of the highest quality. Tom Fox welcomes him to this week’s show to talk about Costa Rica’s Call Center, how they help their clients, why he opened a call center in Costa Rica, and how to lead a successful call center in a foreign country. 
 

 
The Core of Costa Rica’s Call Center
Tom asks Richard why he decided to open a call center in Costa Rica and how the term Learning through the Proletariat” influenced his business model. Richard explains that as a CEO who works among people, you learn the importance of training and keeping your employees and customers. “One thing that I heard most sitting amongst people that are in a call center industry is that they feel expendable,” he tells Tom. To counteract this, he invests in his employees’ careers by promoting them and teaching them English so that they have pride and security in their job. Additionally, he has several retro arcade game machines that allow the employees to meet colleagues from other departments, and to relax, “or even hang out with el jefe”. He explains that this creates a safe, enjoyable workplace culture and an atmosphere of trust and institutional fairness.
 
BPO Telemarketing Outsource Company
Tom asks Richard to define a BPO telemarketing outsourcing company. BPO stands for business process outsourcing, and it is done in several parts of the world, including the Philippines where it is known as offshore. However, since Costa Rica is so close to the United States, it is considered a near-shore outsourcing company. “[That] could be either a blended or mixed center where they work on multiple accounts; usually it’s for overflowing and answering service,” he explains. Every one of Costa Rica’s Call Center’s agents is assigned to and works specifically for a client. He explains why having a brick-and-mortar call center is more beneficial for them versus being completely remote: problems like Internet redundancy and electricity failure plague remote workers, while at the in-person center, there are multiple tools and resources to hedge technical difficulties.
 
Nearshoring and Outsourcing
Tom asks why Richard chose Costa Rica for a BPO center and what’s the difference in having a company in essentially the same time zone as the US. Richard describes Costa Rica’s ideal location, and that it’s a democratic society with no standing army. In addition, the country’s literacy rate is 95%, and it has the best infrastructure in Central America. They also have highly skilled and experienced workers, some of whom have lived in the US and have dual citizenship. Furthermore, clients like the fact that agents are attuned to the North American market. It is also a safe place to visit for tourism.
 
Resources 
Richard Blank | LinkedIn | Twitter | Instagram | YouTube   
Costa Rica’s Call Center | Facebook
 

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GalloCast

Welcome to the Gallocast-Episode 1


Welcome to the inaugural episode of 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 great insights on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, insightful with a dash of the two brothers throughout. It’s like listening to the Brothers Gallo talk compliance at the dinner table. Hosted by Tom Fox, the Voice of Compliance. Topics in this episode include:
·      Return to office, WFH or hybrid?
·      Moderna CFO lasts for 1 day.
·      Keeping culture positive during acquisition?
·      ESG and climate reporting.
·      Howard Schultz goes on a listening tour.
·      When should a startup put in a compliance program?
·      Did we learn anything during the pandemic to end or at least reduce useless meetings?
·      What does Ukraine War mean for compliance?
·      What can top management do to ‘talk the talk’.
Resources
Nick Gallo on LinkedIn
Gio Gallo on LinkedIn
ComplianceLine

Categories
Daily Compliance News

May 13, 2022 the Does KPMG Finally Get It Edition


In today’s edition of Daily Compliance News:

  • Sinkhole of corruption sold. (Guardian)
  • Putin’s yacht and raising corruption awareness. (Above the Law)
  • Does KPMG in UK finally understand that culture matters? (FT)
  • If you care about your reputation, don’t do business with the state of Texas. (Reuters)
Categories
The ESG Report

The Uses of an ESG Culture Assessment with Jay Rosen


 
Tom Fox is chatting with Jay Rosen in this week’s ESG Report. They discuss the critical factors involved in aligning your company culture with your ESG strategy.  
 

 
What is Culture? 
ESG considerations have been taking center stage and are now critical for sustainable success. However, a key area organizations may overlook when planning their ESG strategy is culture, which refers to the way things get done within an organization, comprising norms, beliefs, and behaviors that determine how people show up at work. 
 
How to Shift Company Culture 
“Getting culture right is essential for any successful transformation,” Jay says. Investing heavily in ESG-friendly structures, workforce strategies, and governance models only do so much, but the real change lies in educating the company around the goals of ESG, aligning hearts and minds. 
Jay points out that few people are prepared to alter their attitudes and beliefs simply because senior management tells them they should. Leaders are therefore required to give people a say in culture change and make it clear to everyone in the organization why the change matters, and how it allows them to meet consumer and societal needs better. 
 
What Makes Up the Right ESG Culture? 
If a company says they’re all about ESG, then they need to show it. Internal company policies, processes, and cultures must align with their external communications. Correct behaviors can include things as little as carrying a reusable water bottle, using public transport, or avoiding unnecessary printing; these can all enhance your credibility as a leader of an ESG program. “Any sustainable change starts with a culture and mindset shift,” Jay tells Tom. 
 
RESOURCES 
Tom Fox’s email
Jay Rosen | LinkedIn
 

Categories
Blog

Cookies, Chocolates and IP: The Stericycle FCPA Enforcement Action – Part I

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) announced a Foreign Corrupt Practices Act (FCPA) enforcement action. To say that the respondent company, Stericycle, Inc. (Stericycle) had a culture of non-compliance throughout its entire Latin American (LATAM) business unit belies those companies which only have a dysfunctional culture. Stericycle had a culture of corruption burned into the DNA of the LATAM business unit which was so thorough that it was documented via bribery spreadsheets and analysis of revenue based on payments of bribes in LATAM.
Yet even with this corrupt culture, Stericycle also demonstrated how a company can take advantage of the discounts available under the FCPA Corporate Enforcement Policy by extensive cooperation and remediation during the pendency of the FCPA investigation, as the criminal penalty reflects a 25% reduction off the bottom of the applicable US Sentencing Guidelines fine range.
The Stericycle enforcement action also provides insights into how the DOJ will implement the remarks made by Lisa Monaco last October on their new approach to FCPA enforcement. Finally, Stericycle agreed to a two-year corporate monitor under both the DOJ and SEC settlements. In short, there is much to unpack from this enforcement action which I will do so over the next few blog posts.
According to the Information and Deferred Prosecution Agreement (DPA), Stericycle entered into a three-year DPA. Stericycle agreed to a criminal Information, which charged the company with two counts of conspiracy to violate (1) the anti-bribery provision of the FCPA, and (2) the FCPA’s books and records provision. Stericycle agreed to a criminal penalty of $52.5 million. According to the DOJ Press Release, the DOJ agreed to credit up to one-third of the criminal penalty against fines the company pays to authorities in Brazil in related proceedings, including an amount of approximately $9.3 million to resolve investigations by the Controladoria-Geral da União (CGU) and the Advocacia-Geral de União (Attorney General’s Office). According to the SEC Press Release, Stericycle consented to the SEC’s cease-and-desist order that it violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA, and agreed to pay approximately $28.2 million in disgorgement and prejudgment interest. The SEC’s order provides for an offset of up to approximately $4.2 million of any disgorgement paid to Brazilian authorities.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division said in the DOJ Press Release, “Stericycle today accepted responsibility for its corrupt business practices in paying millions of dollars in bribes to foreign officials in multiple countries. The company also maintained false books and records to conceal corrupt and improper payments made by its subsidiaries in Brazil, Mexico, and Argentina. Today’s resolution demonstrates the Department of Justice’s continuing commitment to combating corruption and protecting the international marketplace.”
Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division said, “Today’s resolution with Stericycle shows that the FBI and our international law enforcement partners will not allow corruption to permeate domestic or international markets. The consequences of violating the FCPA are clear: Companies that bribe foreign officials for business advantage will be held accountable.” Finally, Eric I. Bustillo, Director of the SEC’s Miami Regional Office, said in the SEC Press Release, “Stericycle rapidly expanded in Latin America without any meaningful oversight or compliance measures, as evidenced by widespread bribery schemes lasting for many years in most of its Latin America operations. Companies in pursuit of global expansion cannot disregard the need for appropriate controls.” Damning words all but they had lessons for the compliance professional from this matter.
As part of the DPA, Stericycle has agreed to continue to cooperate with the department in any ongoing or future criminal investigations relating to this conduct. This could well mean additional criminal charges may be brought against any number of individuals known to the DOJ, as identified in the Information. In Brazil, the following persons, Stericycle LATAM Executives 1 & 2, Stericycle Brazilian Executives 1-3, and Stericycle Argentina Executive 1 were named in the Information. Also interesting was the active assistance of sister anti-corruption enforcement groups in Brazil and Mexico, which were both identified by the DOJ and SEC as helping.
It was also interesting to note that under the DOJ Press Release, it noted that while “Stericycle has taken extensive remedial measures, it has not fully implemented or tested its enhanced compliance program, necessitating the imposition of an independent compliance monitor for a term of two years. Stericycle agreed to continue to enhance its compliance program and to retain an independent compliance monitor for two years, followed by self-reporting to the department for the remainder of the term.”
Regarding the final settlements with the DOJ and SEC; they both agreed to their respective resolutions with Stericycle based on several factors, including, among others, the company’s failure to voluntarily and timely disclose the conduct that triggered the investigation and the nature, seriousness, and pervasiveness of the offense. Although Stericycle did not self-disclose their illegal conduct to the DOJ or SEC, they did receive full credit for cooperation with both the agency investigations and engaged in extensive remedial measures. As noted above, this led to a 25% discount off the range suggested under the Sentencing Guidelines, saving Stericycle between $25 million to $30 million from their final criminal fine.
Finally, the Stericycle FCPA enforcement action is notable for the company’s use of code words to discuss bribery in its routine emails and other business correspondence. While chocolates and incentive payments (IPs) have been used before by other companies, cookies are now added to the bribery lexicon as a moniker for payment bribes.
Join us in our next blog where we consider the bribery schemes.

Categories
Innovation in Compliance

Personal Training For Businesses with Kris Reynolds


 
Kris Reynolds is the CEO of Arrowhead Consulting, a company that guides other organizations on managing their employees, processes, and tools. Tom Fox welcomes him to this week’s show to talk about corporate culture, strategies for post-pandemic productivity, and the future of project management. 
 

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Culture As a Focus
Corporate culture is important and must be aligned to the business’s core values. Your core values also can’t be simple slogans that you have up on walls. They have to be constantly acted on. “If you’re not really living and breathing the core values, you’re not really going to be a culture fit,” Kris tells Tom. 
 
Post-Pandemic Strategies
Kris itemizes three strategies companies should be engaging within the post-pandemic business world: creativity, relationships and connections, and going back to basics. Creativity in advertising and marketing is key, and Kris also suggests pairing creativity with relationships. “I would encourage companies whether you’re small or large, to take the time to do more personal related touchpoints with the people that you’re trying to engage with,” he remarks. Going back to basics as a strategy is looking back at what got you to where you are as a business, and making sure that you’re accentuating those elements in your business. 
 
Making Meetings More Efficient
Tom asks Kris to give some tips to make corporate meetings more efficient. The goal of meetings should be decision-making. Corporate meetings should be about making sure that the knowledge shared is being used to advance the respective initiative. Kris stresses having structured meeting agendas that are time-boxed and having the meetings begin with the most important topics. Having meetings commence like this enforces a sense of urgency and will encourage employees to arrive on time. 
 
The Future of Project Management in Technology
Kris explains that there will be a greater focus on virtual reality training as opposed to Zoom meetings and PowerPoint presentations. This is because training in the future has to be experiential and hands-on. Training has to be engaging. “If we have some training spaces where we have the virtual reality, you could be training with somebody across the other side of the globe and being able to talk and work on projects together and things like that,” Kris tells Tom. 
 
Resources
Kris Reynolds | LinkedIn | Twitter 
Arrowhead Consulting
 

Categories
Great Women in Compliance

Debra Sabitini Hennelly, Part 1: Psychological Safety, Burnout and Culture


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In Part 1 of a two-part series with Debra Sabitini Hennelly, we focus on three major themes of psychological safety, burnout and culture.  In Google studies, psychological safety has been the number one factor of successful teams.  It’s therefore important that we cultivate cultures with psychological safety as a critical part of our culture of integrity.  Environments of psychological safety are safe places where stakeholders know that they can share their views without fear or retribution – that it is a safe place to speak freely.  There also needs to be inclusiveness and a sense of belonging by members of the community and we discuss this in further detail in this episode.
Deb shares some thoughts on burnout and we emphasize that feelings of burnout do not just occur when you’re overworked and overtired.  Burnout can occur when you’re going through very traumatic situations at work or at home so we keep in mind the moral injury aspect of feelings that can be present sometimes with burnout, as well as the sheer exhaustion.
These topics naturally touch on culture as a critical aspect in terms of whether you are surrounded by psychological safety or burnout and we talk about culture from many different angles in this episode from how you can own and embrace it as a population to the recent brave move of Rio Tinto making their culture survey results public as an example of courage and accountability.
The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to.  If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it.  You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast.  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).
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.

Categories
Compliance Into the Weeds

Corrupt Culture and Bags of Cash-the KT Corp. FCPA Enforcement Action


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week, Matt and Tom turn to the recent FCPA enforcement action brought by the SEC involving the Korean company KT Corp. Some of the issues we consider

  • Background facts and a corrupt culture, literally from the top.
  • How does the SEC have jurisdiction over KT Corp?
  • Why you need a flow chart of the bribery schemes and a scorecard of the players.
  • Corruption leading to the Korean Blue House.
  • Bags of cash delivered and kept in office safes.
  • Was the resolution an interim step before a monitor is employed?

Resources
Tom with a 3-part series in the FCPA Compliance and Ethics Blog
Matt in Radical Compliance