Categories
Corruption, Crime and Compliance

Episode 241 – Continuous Improvement, Testing and Auditing of Your Ethics and Compliance Program

The Justice Department and various regulatory agencies continue to emphasize the importance of continuous improvement, testing and review as part of robust assessment procedures in an effective compliance program. The Treasury Department’s Office of Foreign Asset Control has specifically stated that a sanctions compliance program should include “a comprehensive, independent, and objective testing or audit function” so that a company can determine “how their program[] [is] performing and should be updated, enhanced, or recalibrated to account for a changing risk assessment or sanctions environment.” The Health and Human Services — Office of Inspector General has made similar statements underscoring the need to conduct compliance audits and testing. An important part of every compliance program focuses beyond the design and operation of the program to the important issue of whether the program is working. In this respect, DOJ and regulatory agencies have noted that CCOs should be striving to develop “continuous” monitoring systems and avoid “snapshots” in time. In order to execute such monitoring, compliance has to maintain broad access to operational data across all key functions in a company. This data must be used to regularly update risk assessments, compliance policies and procedures and financial controls.

In this episode, Michael Volkov takes a broad review of the testing and auditing of ethics and compliance programs.

Categories
Great Women in Compliance

Sarah Powell – Remember the Why

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today’s guest is Sarah Powell. Sarah is the kind of person who makes everyone around her stronger. Her work in ethics and Compliance is directly related to her commitment to social justice and making a positive impact through anti-bribery and anti-corruption work. Lisa can vouch for that as she works with Sarah as Global Compliance Counsel, Director, Third-Party ABC Compliance at Pearson.

Sarah returned to her home in South Africa from London at the beginning of the pandemic and had her daughter. She discussed how both of these events had impacted her. In particular, she talks about some of her experiences during quarantine, how they showed the resilience in South Africa and how the pandemic could also breed corruption.

She also shares her views on what those of us outside South Africa can learn from their experiences, particularly how they talk about the past and issues. This episode is a great reminder of why we do this work and how we can directly influence society as a whole.

Are you planning on heading to the SCCE CEI in Phoenix in October? Check out Lisa and Mary’s speaking sessions on the agenda and sign up! We invite you to say hello and introduce yourself during the conference it’s going to be a great time.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance-related offerings to listen to. If you enjoy this episode, please rate it on your preferred podcast player to help other like-minded 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 podcast’s story. 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
Blog

Fostering Ethical Conduct Through Psychological Safety: Part 3 – Fixing an Unsafe Workplace

Bill J. Allen died last week. Not familiar with the name? Then check out his New York Times (NYT) obituary. Perhaps outside of Illinois or Ohio, he ran one of the most brazen state legislature corruption schemes around, in the state of Alaska. His power and influence were so great that he was the cooperating witness who brought down a sitting Senator, Ted Stevens, although the Indictment was withdrawn after conviction but before sentencing due to prosecutorial misconduct.
Allen held court at a suite at the Westmark Baranof, a luxury Art Deco hotel four blocks from the State Capitol in Juneau, where he and his cronies “dished out money and told their visitors what they wanted in return. Mr. Allen and his circle seemed to revel in their shamelessness. He and Mr. Smith always booked Suite 604, and Mr. Allen always sat in the same chair. He bragged that he kept $100 bills in his front pocket, the easier to dole them out to friendly politicians. The girlfriend of one politician even had hats embroidered with the letters CBC, for “Corrupt Bastards Club.””
Allen and his brazen corruption schemes seem like a good way to introduce the concluding Part 3 of my series on fostering an ethical culture through psychological safety. This series is based on a recent article in the MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” by Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson. In Part 1 we introduced the concept of psychological safety and why it is so important to creating an ethical culture in a business. In Part 2, we considered how to determine the state of psychological safety in your organization. Today in Part 3 we consider what happens in an organization where psychological safety is lacking and steps an organization can take to remedy this deficiency.
The authors believe that “when psychological safety is lacking, it may be a consequence of the employee having witnessed unethical behavior.” Moreover, the inversion of psychological safety “correlated to the quantity of unethical behavior noticed. Put simply, the more unethical behavior a person saw, the more likely they were to feel psychologically unsafe. This suggests that the experience of seeing more unethical behavior may diminish the psychological safety experienced by an employee.” Simply put if your bosses engage not only in corrupt behavior but simply unethical behavior, it will send a message throughout the organization that reporting unethical behavior will not be favored. One only need think of Jes Staley, former Chief Executive Officer (CEO) of Barclay’s who engaged in illegal behavior in attempting to unmask an internal whistleblower. In November 2021, Staley resigned amid a regulatory probe into whether he mischaracterized his relationship with the financier and sex offender Jeffrey Epstein. In many ways Barclays has never recovered.
The authors basically state the obvious when they write, “it makes intuitive sense that being in a work environment where unethical behavior is prevalent might diminish psychological safety.” Put another way “people are most reluctant to speak up in ethically troubled environments, where we most need them to do so.” This is an important issue for every Chief Compliance Officer (CCO) and business leader. To overcome such a deficiency, they found that “several other factors correlated with strong speak-up behavior, keeping everything else constant: moral engagement, moral attentiveness, and organizational justice combined with clarity of expectations.”
Moral engagement. As a CCO you should endeavor to create an atmosphere where ethical conduct matters, “so that when employees recognize a potentially unethical situation, they will be motivated to do what’s right.” At Novartis International AG, the authors noted the company “created a decision-making framework called the Decision Explorer to support associates in making ethical decisions. Rooted in the company’s code of ethics, the tool helps employees work through a situation to surface ethical considerations.”
Moral attentiveness. You can educate employees to recognize the ethical dimensions of situations. They point to the example at Novartis who “runs practical ethics training sessions that immerse employees in hypothetical scenarios where they must practice ethical decision-making. Another approach is to have managers highlight examples of ethical and unethical behavior with their teams and encourage dialogue on workplace ethics. Such grassroots employee contributions build trust and commitment by giving employees a role in strengthening the code of behavior by which they are expected to live.”
Organizational justice. Obviously talk is cheap and it is actions, not deeds, that matter. The Department of Justice (DOJ) has made clear in the Update to the Evaluation of Corporate Compliance Programs that the keeper and responsibility of institutional justice sits with the CCO and the authors find that this same concept “is vital to building a reputation of organizational justice.”
Clarity of expectations. CCOs must communicate a clear message to employees so that employees will have “an understanding of organizational standards and are clear about expectations.” Second, CCOs must act decisively in response to employee reports of misconduct to show that there are consequences for unethical behavior. To foster greater psychological safety, coach and empower line managers to create safe spaces for discussing ethical concerns, and help them react appropriately when such issues are raised.
The siloed nature of this issue must also be addressed. As previously noted, this issue touches multiple corporate disciplines including HR, ethics and integrity, risk management, legal and compliance. There must be a cross-functional approach in building a culture of ethics and performance. For example, Novartis created a cross-functional working group focused on the notion of ethical leadership.
The authors concluded, “Building a psychologically safe environment to facilitate speaking up about ethical conduct is relevant to both company reputation and long-term business performance. Unethical conduct can remain hidden for a time but is likely to be discovered eventually, causing far more harm than if it were caught and corrected early. Psychological safety thus can help organizations respond and improve quickly instead of allowing misconduct and unethical behavior to fester and further degrade workplace psychological safety, thus triggering a vicious cycle.” Every compliance professional should use the research from the authors study to craft a program to create or improve the psychological safety at your organization. The authors frankly state that organizations which have relied on speak-up channels or ombudspersons as mechanisms for reporting unethical behavior is no longer sufficient. “They need to be complemented by efforts to actively shape and promote an ethical climate in which managers are equipped to support employees’ ability to say what they think and react appropriately to what they hear.”

Categories
Blog

Ethical Conduct Through Psychological Safety: Part 1 – Introduction

What is perhaps one of the most recognizable movie themes of all-time? One that certainly falls into that category is the James Bond theme, written by Monty Norman, who recently passed away. According to his New York Times obituary, Norman took the job only because the producer, Chubby Broccoli, offered him a trip to Jamaica to watch some of the filming, in addition to more traditional monetary compensation. Norman was “struggling to come up with the theme, he said, until he remembered a song called “Bad Sign, Good Sign,” from an unproduced musical version of the 1961 V.S. Naipaul novel, “A House for Mr. Biswas,” on which he and a frequent collaborator, Julian More, had worked.” However, the opening line had an “Asian inflection and relied heavily on a sitar, but Mr. Norman “split the notes,” as he put it, to provide a more staccato feel for what became the theme song’s famous guitar riff. Norman said, “And the moment I did ‘dum diddy dum dum dum,’ I thought, ‘My God, that’s it. His sexiness, his mystery, his ruthlessness — it’s all there in a few notes.” (Listen to the James Bond theme here.)
I was reminded of the psychological nature of this great movie theme when reading a recent article in the MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” by Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson. In this article, the authors asked such questions as “How do organizations encourage people to speak up about ethical breaches, whether inadvertent or deliberate?” and “Why do some employees choose to remain silent when others report misconduct?” Additionally, they “analyzed the perceptions of those who report misconduct against those of “silent bystanders” to help “better understand both the drivers and derailers of speaking up — and revealed insights into how leaders and compliance officers can encourage employees to make such reports.’”
The authors believe today, “it is more essential than ever that when misconduct happens or difficult problems arise, there is a strong ethical climate for surfacing information so that leaders can respond quickly and appropriately. An environment in which employees feel comfortable reporting such issues is also vital to preventing future misconduct.” Over the next couple of posts I will be exploring this article and some of the issues it raises. In Part 1, we look at what questions you should consider to determine the amount of psychological safety in your organization.
The starting point for any analysis for psychological safety is with one of the authors, Amy Edmondson herself and her seminal work The Fearless Organization. The authors began by modifying her original 1999psychological safety scale to emphasize a specific focus on employees speaking up. Interestingly, they added “the idea of thinking before speaking up in the hope of measuring hesitation.” They did so to “capture comfort levels in speaking up, based on the intuition that in a psychologically safe climate, people tend to say something right away, and when they don’t feel psychologically safe, they are more likely to keep incidents to themselves.”
By looking at how psychologically safe an organization is, the authors posited they could then  measure variance in psychological safety across teams and regions by surveying employees. They believed that this approach would allow them to then “focus efforts on teams who need the most help and to identify teams whose psychologically safe cultures may offer examples from which other teams can learn.” To do so the authors’ developed a survey which asked the following, “on a scale from 0 (completely disagree) to 10 (completely agree), their level of agreement with the following statements:”

  • On my team, if you make a mistake, it is often held against you.
  • Members of my team are able to bring up problems and tough issues.
  • People on my team sometimes reject others for having different views.
  • It is safe to take a risk on my team.
  • It is difficult to ask other members of my team for help.
  • I tend to think about how raising a concern will reflect on me before speaking up.

Interestingly, the authors acknowledged relationship to whistleblowing, in the context of both psychological safety and an ethical business, they strove to make clear “an important distinction between external whistleblowing and those who speak up about perceived misconduct at work.” Moreover, recognizing the vital role external whistleblowers play in the detection prong of any best practices compliance program, if a whistleblower goes to the Securities and Exchange Commission (SEC) or other external actors, it is almost always because “they felt their concerns could not be expressed, heard, and addressed internally.” The authors believe that a “healthy organizational culture is one in which speaking up and listening go hand in hand and thereby reinforce ethical standards. If concerns are expressed, changes can be made in a timely way.” This is important because it moves from the detect prong to the prevent prong, which is by far the more important and effective prong in any compliance regime. Further ideas or innovations, rather than simply reporting of untoward actions, can make a company more efficient and more profitable. All of this means that if there truly is psychological safety a company can receive far more benefits than simply monetary fine or penalty avoidance.
Join us tomorrow in Part 2 where we consider the role of psychological safety and moving it through an organization.

Categories
Great Women in Compliance

Wendy Badger-Compliance from Soup to Nuts

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Mary and Lisa end the second GWIC semester with Wendy Badger. Wendy is Global Compliance Counsel at Tennant Company, where she oversees their global ethics and compliance program. She has worked in-house and in law firms, taking her experiences from one space and applying them to others. She is also an author, regular speaker, friend, and mentor to many – and one of the “OG GWICS” who has made this community grow.

Lisa and Wendy discuss a number of different topics, starting with remote investigations, which is top of mind for many of us these days. They talk about pitfalls, lessons learned, and some practical tips, including one from Wendy about how she makes interviewees more comfortable. They also talk about the impact of remote work on networking over the past few years, focusing on women and how that may change as the world continues to open up.

Wendy also shares some of her favorite advice and how she has made some of that advice her own. She also told Lisa what has now become one of the best stories about public speaking on the podcast!

GWIC is going on vacation for the next few weeks but will be back on July 20. We hope everyone remembers to take some time off – whether off social media, off from work, or just time for yourself.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance-related offerings to listen to. If you enjoy this episode, please rate it on your preferred podcast player to help other like-minded 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
Greetings and Felicitations

Ulysses at 100-Lessons for the 21st Century Compliance Professional- Stephen Daedalus

Matt Kelly once challenged me to write a blog post for Bloomsday. Well aware of my great love for Joyce’s magnum opus, I accepted the challenge. This year is the 100th anniversary of the publication of the book. To celebrate this event, James Joyce’s novel at 100 and the compliance profession, I have decided to do a 5-part podcast series on Ulysses. Over this podcast series, I will highlight some of the books and commentary and tie what Joyce, Dublin, Leopold Bloom and his wife Molly, together with his mentor Stephen Daedalus, can teach the modern compliance professional. I hope you will join me in the short celebration and trip through Dublin 1904 for the 100th anniversary of Bloomsday. In Part 3, we take up the story of Stephen Daedalus and how it intersects with the role of ethics in compliance.

Compliance Quote-Lisa Fine, “ I am passionate about compliance because I think compliance provides guidance on how to make ethical decisions and do the right thing. It helps us understand and think about gray areas and help organizations to be better corporate citizens.”

Resources

The Teaching Compliance-James Joyce Ulysses, by James Heffernan

The Moral of Ulysses by Charles Cosby

Ethics and the Modernist Subject in James Joyce’s “Ulysses,” Virginia Woolf’s “The Waves,” and Djuna Barnes’s “Nightwood” by AnnKatrin Jonsson

The Ethical Reader in Ulysses by Stephen Gilbert

Categories
Sunday Book Review

May 1, 2022 the Ethics edition


In today’s edition of Sunday Book Review:

  • Stoic Philosophy and the Control Problem of AI Technology by Edward Spence
  • The Rise of Business Ethics by Bernard Mees
  • The Rise of Practical Ethics by Peter Lovejoy
  • Business Ethics for Better Behavior
Categories
FCPA Compliance Report

Gordon Graham-A Whistleblower’s Story


In this episode of the FCPA Compliance Report I visit with Gordon Graham. Gordon is a successful whistleblower who told his tale in the book The Intrepid Brotherhood. In this book, Graham discusses how corruption threatened to ruin jobs and harm lives. The leadership at the top of the organization used intimidation, distrust, and secrecy to control the Chelan County Public Utility District showing that control and power can corrupt even the most ethical organization’s integrity—unless someone speaks up. Which Gordon Graham did. In this podcast, he tells his story.
Resources
website: www.intrepidbrotherhood.com
LinkedIn: linkedin.com/in/gordon-graham-57385319a
Facebook Author Page: In Search Of Aristotle | Facebook

Categories
Greetings and Felicitations

Ethics Madness

Welcome to the Greetings and Felicitations, a podcast where I explore topics which might not seem to be directly related to compliance but clearly influence our profession. In this episode, Jason Meyer and Tom Fox continue the annual tradition begun by Jason of Ethics Madness, a show where we look at the intersection of sports and ethics during March Madness. We have used a variety of social media over the years to broadcast Ethics Madness and this year we use the podcast format. Highlights include:

1. Greetings, and welcome to Ethics Madness, a crossover episode of on Eight Mindsets and Greetings and Felicitations.
2. About the ethics madness concept and history.
3. Ethics and sports:
A. Formula 1
B. Russian doping at the Olympics.
4. Ethics and hoops.
A. Women’s March madness, and the ethics story behind why this is the first year we can say that March Madness for the Women’s Tournament. Plus USWNT Soccer and equal pay agreement.
B. Men’s March madness – Michigan, Juwan Howard and the handshake ritual.
5. Sports as an apt metaphor in compliance communications and training.
6. Odds and ends.
7. Takeaways and a Theme Song.
Resources
Jason Meyer on LinkedIn
Leadgood
Eight Mindsets Podcast

Categories
The Ethics and Compliance Library

Intentional Integrity with Rob Chesnut


In this first episode for 2022 of The Ethics and Compliance Library, host Lauren Siegel explores “Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution” by Rob Chesnut. The book is about Rob’s professional career and his work in compliance, ethics, and integrity at AirBnB. This book lays out developed a popular interactive employee program, Integrity Belongs Here, to help drive ethics throughout the culture at the company. Siegel gives an overview and analysis of the book, interviews Rob, and then interviews Darryl Cyphers Jr., the Director of Legal Compliance at Klaviyo. Her interview with Cyphers brings the book to life for E&C leaders and challenges us all to think differently. As always, continue the conversation in the Converge community.
Lauren Siegel on LinkedIn
The Convercent by One Trust, Converge Community