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Adam Balfour on Ethics & Compliance for Humans

I recently sat down with Adam Balfour, author of Ethics and Compliance for Humans. We had a great conversation about his book and the importance of ethics, compliance, and organizational leadership. In addition to a book aimed directly at the Chief Compliance Officer (CCO) and compliance professionals, Balfour emphasized that these principles extend beyond legal backgrounds and encompass various aspects such as sales, marketing, leadership, and culture.

I began by asking Balfour why he wrote the book. He said that it was a goal he had set for himself for some time, wanting to write this book. Further, it has been in the works for quite a few years. Towards the end of last year, Sarah Haddon, publisher of Corporate Compliance Insights, started talking, and it came to life then. Once he had more thoughts and a vision, the book seemed to come together for him. Balfour said that the writing process was a lot of fun, so I also enjoyed that part of the experience. Equally importantly, as a first-time author, Sarah and her team made the process painless and enjoyable.

One of the key takeaways was the role of leaders in promoting ethics and compliance within organizations. Balfour highlighted the need for practical guidance to help leaders effectively navigate ethical dilemmas and ensure that their responsibilities are performed. He emphasized the importance of moving past the perception that ethics and compliance are solely about laws, rules, and regulations. Instead, Balfour suggested that the focus should be on helping guide employees with good intentions to achieve positive outcomes.

We also addressed the challenge of managing negative brand perceptions and humanizing compliance programs. Balfour acknowledged that compliance can sometimes put people in awkward positions, such as when dealing with gifts and entertainment. However, he encouraged organizations to lean into the awkwardness and guide employees on navigating these situations effectively.

One exciting idea that Balfour introduced was the use of pop culture in compliance training to make it more relatable and engaging. By incorporating elements from popular culture, organizations can create a more accessible and enjoyable learning experience for employees.

Balfour also discussed the importance of considering the impact on individuals when making decisions about ethics, compliance, and leadership. He emphasized that there are real human stories and experiences behind the data and metrics. It is crucial not to lose sight of the fact that people are involved and that their experiences can significantly impact their lives and well-being. By incorporating these human stories, Balfour believes that ethics and compliance become more relatable and meaningful to employees.

Balfour highlighted the value that a practical ethics and compliance program can bring to organizations. It goes beyond avoiding fines and penalties or negative headlines. An effective program can contribute to increased return on assets, fewer material lawsuits, and lower settlement amounts. Balfour compared ethics and compliance professionals to midfielders in soccer, playing a crucial role in defense and supporting the organization’s growth.

The book’s main text ends with Balfour calling for a change from a CCO designation to a Chief Purpose Officer. He explained that the concept is something he has been thinking about for some time. There are many different areas and organizations today that he believes are too siloed. He listed ESG, which I think is going through a lot of change and transformation right now. DEI and others, but he drove home the point that “it’s really how you think about what your organization’s purpose is and bringing those functions together under a Chief Purpose Officer.” Further, this Chief Purpose Officer “should have a central place in the C-Suite, helping ensure that the organization stays true to its stated purpose.

He called out Patagonia as an example of a company that is very committed to its purpose. Using the model of Patagonia, which does not have a designated Chief Purpose Officer, leading him to believe “it may not be necessary to create a standalone position.” But “in other organizations, having this idea of a Chief Purpose Officer that supports the CEO supports the CFO in delivering their results. It helps ensure that the organization truly obsesses about its purpose and conducts business correctly and appropriately.”

After the main text ends, Balfour includes excellent resources for every compliance professional. He listed out ways you can tell stories about successful ethical victories from your organization’s history; provides ethics questions and issues inspired by Star Wars; lists some raps and the basic laws of anti-trust; lays out the Speak Up Habit loop; lists specific tactics for bringing compliance into the employee interview process; informs us how Booth’s Law #2 applies to ethics and compliance; and details how to obtain a commitment from newly minted leaders in your organization.

Adam Balfour highlighted the importance of ethics, compliance, and leadership in organizations. Balfour emphasized the need for leaders to go beyond legal thinking and consider various aspects such as sales, marketing, and culture. The episode also highlighted the challenges associated with ethics and compliance, including addressing negative brand perceptions and navigating awkward situations. Organizations can create a more meaningful and effective approach to ethics and compliance by humanizing compliance programs and considering the impact on individuals. I hope you will purchase a copy of Ethics & Compliance for Humans and incorporate its concepts into your compliance program.

Check out Ethics & Compliance for Humans here.

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Blog

Navigating Transformational Changes: The Intersection of E&C and ESG

Today I would like to explore the intersection thought of ethics and compliance (E&C) and environmental, social, and governance (ESG) efforts. In a recent podcast on Report from IMPACT 2023, we explored the crucial role of ethics in guiding organizations through transformational changes. With data-driven insights and practical advice, considered the challenges, opportunities, and strategies for success in this evolving landscape.

In the face of rapid technological advancements, the importance of ethics cannot be understated. The need to build safeguards to prevent potential crashes or negative consequences. Much akin to car racing, this world has the need to moving forward with technology in a safe and responsible manner. Further and just like a skilled racer, organizations must navigate the track of progress while ensuring the ethical implications of their actions are considered. Finally always remember that brakes are not on a car to slow it down but so that you can drive fast.

As power dynamics shift and new technologies emerge, the establishment of checks and balances in this arena becomes paramount. This means that organizations need to distribute power internally both wisely and ensure ethical decision-making processes are in place. By doing so, they can safeguard against potential abuses and ensure that transformative changes are guided by integrity. I often use the visual of the billboard announcing the Eyes of Dr. T J Eckleburg from The Great Gatsby as the best way to think about having a second set of eyes on your process for process validation.

In a world undergoing rapid transformation, continuous education and expanding horizons are crucial for organizations and individuals alike. For Chief Compliance Officers (CCOs) and other compliance professionals, the importance of being adaptable and open to learning cannot be overstated. Our profession is changing as fast as any other corporate function and it is coupled with the needs of our customers changing. Who are the customers of a corporate compliance program? You can start with the multiple stakeholders identified by the Business Roundtable in their seminal Statement on the Purpose of a Corporation. It can be employees, shareholders, third-parties, vendors and business partners and those who may live in localities where your organization does business.  By embracing new perspectives and staying informed, CCOs, compliance professionals and corporate compliance functions can effectively navigate the challenges of a changing world.

A significant development highlighted in the podcast is the convergence of ESG and E&C. This integration presents a strategic risk and opportunity standpoint for organizations. By aligning environmental, social, and governance considerations with ethical and compliance practices, companies can create a holistic approach that benefits both their bottom line and society at large. Equally importantly is the mandate that the CCO and corporate compliance function should lead this effort. There is no other corporate function which has such a wide mandate, as set out by the regulators as the corporate compliance programs. One need only consider the 2019 Evaluation of Corporate Compliance Programs which led to the 2023 Evaluation of Corporate Compliance Programs to see that a corporate compliance function (and CCO) must have visibility literally across your entire corporate organization.

The demand for businesses to take positions on social issues is growing louder, both from employees and stakeholders. It well known within the compliance community and wider corporate world of the importance of both the CCO and compliance function not remaining silent on these matters. You may call this speaking truth to power but in the wider ESG world, businesses must recognize the power they hold to effect change and leverage it responsibly. By aligning their values with those of their workforce and society, they can build purpose-filled organizations that resonate with the younger generations.

I speak with many Human Resource (HR) and talent specialists and they all say that the acquisition and retention of talent will be the key market differentiator for business by mid-century. From Baby Boomers to through GenXers to Millennials and now Genders; the values and mindset of the current and upcoming workforce differ significantly from those of previous generations. To motivate and attract these individuals, organizations must listen to their ideas and incorporate them into the company’s values and purpose. By engaging with the younger generations and understanding their perspectives, board members can foster an environment that aligns with their aspirations. Businesses which try to enforce well-known and well-debunked tropes such as there is no such thing as climate change will be consigned to the dustbin of corporate failures.

Building transformative leadership and engaging forward-thinking board members pose challenges but are necessary for success. Just as talent acquisition and retention will be one of the most critical aspects of corporate survival, the importance of recruiting board members who understand current and future challenges and the need for an integrated approach will be equally critical. Critically this also means diversity on the Board. While seasoned experience is valuable, finding individuals who can bridge the gap between traditional values and the demands of a changing world is crucial. It also means new and different subject matter expertise will be critical. The Department of Justice (DOJ) has noted that a Board needs to have a compliance resource on it. The logical step is for a Board to have a Compliance Committee, chaired by a seasoned compliance professional.

It might even lead to a broader concept of a true risk management professional on the Board. Given the paradigm shift coming out of the Pandemic from disaster recovery to business resiliency to business as usually; a Board having the ability to have that strategic discussion  and lead through oversight will be a critical element as well.

Recognizing the pivotal role that ethics and compliance play in guiding organizations through transformational changes is something that is gaining traction in the corporate world. In a world that is evolving at an unprecedented pace, it is imperative to build ethical safeguards, establish checks and balances, provide appropriate oversight and adapt to the values and mindset of the younger generations. By embracing continuous education, converging ESG and E&C efforts, and taking a stand on social issues, organizations can navigate the inflection point we find ourselves in and thrive in the future.

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Everything Compliance

Episode 78, the Opening Day edition


Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Matt Kelly, Jonathan Marks, Jonathan Armstrong and Mike Volkov for a deep dive into plethora of topics related to Opening Day. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong takes us through the current state of the fight against the international scourge of modern slavery. Armstrong rants about the BBC’s non reporting on BoJo paramour Jennifer Arcuri until four days after the story broke.
  1. Jonathan Marks talks about the endemic corruption in eSports and the lack of any regulatory body to address the issue. Marks shouts out to FBI Special Kerrie Harny who led the investigation that brought down fraudulent concert promoter Andres Fernandez who told people he could make them wealthy investing in the glamorous industry. He rants about the National Association of eSports (NACE) for its lack of leadership around the corruption in eSports.
  1. Mike Volkov talks different perspective on risk management from the perspectives of a GC and CCO. Volkov shouts to the federal prosecutors who have been handling the Matt Gaetz investigation.
  1. Matt Kelly discusses the corporate responses or lack thereto of the state of Georgia voter suppression law. Kelly shouts out to Danielle Frazier, the teenager who filmed the killing of George Floyd and apologized to the Floyd family for not doing more to save him.
  1. Tom Fox shouts out to John Boehner who in his new book said, “There is nothing more dangerous than a reckless asshole who thinks he is smarter than everyone else. Ladies and gentlemen, meet Senator Ted Cruz.”

For additional reading see:
Matt Kelly blog post on Radical Compliance, Corporate Ethics and Voter Suppression Laws 
See Cordery Compliance Client Alert, Modern Slavery, UK Online Registry Launched 
The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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FCPA Compliance Report

FCPA Compliance Report-Episode 350, Linda Justice and Her Nancy Drew Approach

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Everything Compliance

Everything Compliance-Episode 14

Show Notes for Everything Compliance-Episode 14 

Topics from Matt:

  1. Trump Administration & FCPA enforcement— we have two declinations now; maybe a compare-and-contrast and speculation on what a tough Trump Admin enforcement WOULD look like;
  2. EU’s GDPR— Do EU regulators know what they want to do with the enforcement of this law; if they follow the lead of the anti-competition people whacking Google, it could be a big deal;
  3. Hui Chen’s departure from the Justice Department, both her public rebuke of Trump and the substance of how she believes her guidance has been misinterpreted; and
  4. Ethical leadership and the lack thereof; the menace of abusing perks and privilege, connecting my posts about Uber’s leaders and Chris Christie vacationing on a closed beach.

Topics from Jay:

  1. How do the Campaign Finance Laws mirror/or differ from the FCPA?
  2. Will the Russian Collusion Investigation reveal the ultimate FCPA violation?
  3. Regarding Walter Shaub’s departure from the Office of Governmental Ethics (OGE), does it matter? What is OGE supposed to do, and why did it work for the past 40+ years but fall on deaf ears with the Trump administration?
  4. Dovetailing with Matt’s question about a slow H1 for FCPA enforcement and in light of the just-released Gibson Dunn FCPA Mid-Year Report, does the current climate (and lack of vigorous enforcement) provide a perfect storm for companies to look the other way if they fall off the E&C wagon, or do we think that companies are still being vigilant despite a perception of decreased enforcement?

Rants follow this week’s episode. What do the two declinations in 2017 mean? The Everything Compliance panel of experts weighs in.

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This Week in FCPA

This Week in FCPA-Episode 24, the SCCE Edition

  • Misonix discloses possible FCPA violations, as reported in the FCPA Blog:
  • The Anheuser-Busch InBev SEC FCPA enforcement action, click for the SEC Order;
  • Och-Ziff SEC FCPA enforcement action, click for the SEC Order,
  • HMT LLC and NCH Corp receive Declinations yet are required to disgorge profits, for the HMT Declination letter, click here and for the NCH Declination letter click here;
  • Final thoughts by Tom and Jay on the recently concluded SCCE 2016 Compliance and Ethics Institute; and
  • Jay previews his Weekend Report.
  • [tweet_box design=”default” url=”http://wp.me/p6DnMo-2MP” float=”none”]Och-Ziff, Anheuser-Busch in India and a new category of declinations, wrap up of the SCCE, all in This Week in FCPA.[/tweet_box]]]>

    Categories
    Compliance Into the Weeds

    Compliance into the Weeds-Episode 14, Wells Fargo and the Fraud Triangle

    Fitting the Fraud Triangle to Wells Fargo
    For more on the Wells Fargo, compliance and ethics disaster, see the following:

    1. What is Risk?
    2. Tones at the Top; and
    3. Wells Knew all Along.

    [tweet_box design=”default” url=”http://wp.me/p6DnMo-2LH” float=”none”]Learn how the fraud triangle works for a the Wells Fargo and a variety of other corporate scandals.[/tweet_box]]]>