Tag: investigations

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Adventures in Compliance

The Return of Sherlock Holmes – Compliance & Investigative Lessons from The Adventure of The Priory School

Welcome to a review of all the Sherlock Holmes stories that are collected in the work “The Return of Sherlock Holmes.“. It is a collection of thirteen detective stories written by Sir Arthur Conan Doyle, marking the reappearance of the brilliant detective Sherlock Holmes after his apparent death in “The Final Problem.” The collection spans various intriguing cases and mysteries that Holmes and his loyal friend Dr. John Watson tackle. Today we take up the Adventure of the Priory School and mine it for compliance and investigative lessons for the compliance professional.

“The Adventure of the Priory School” is a captivating Sherlock Holmes story that delves into the realms of hidden identities, unexpected alliances, and intricate mysteries. The narrative offers valuable insights into compliance, ethics, and leadership, as demonstrated by the school’s headmaster, Dr. Thorneycroft Huxtable, who seeks Holmes’ assistance when a student mysteriously disappears. This action highlights the significance of transparency, accountability, due diligence, communication, and training in resolving issues and mitigating risks.

Tom views this story as a complex and intriguing mystery that underscores the importance of ethical leadership, transparency, and due diligence in resolving compliance issues. Drawing from his extensive experience in the field, Fox emphasizes the need for comprehensive investigative techniques, flexibility in risk management, and adaptability to changing circumstances. He sees the story as a rich source of lessons for compliance professionals and stresses the importance of applying these principles in real-world scenarios.

 Key Investigative Lessons:

  • Mystery of Lord Saltire’s Kidnapping at School
  • Collaborative Problem-Solving in School Crisis
  • Holmes’ Lessons in Thorough Investigative Techniques

Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

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Adventures in Compliance

The Return of Sherlock Holmes – Investigative Lessons from The Adventure of The Solitary Cyclist

Welcome to a review of all the Sherlock Holmes stories that are collected in the work “The Return of Sherlock Holmes.“. It is a collection of thirteen detective stories written by Sir Arthur Conan Doyle, marking the reappearance of the brilliant detective Sherlock Holmes after his apparent death in “The Final Problem.” The collection spans various intriguing cases and mysteries that Holmes and his loyal friend Dr. John Watson tackle. Today we take up The Adventure of the Solitary Cyclist and mine it for investigative lessons for compliance professionals.

When it comes to investigations, every detail matters. Seemingly insignificant clues can often hold the key to solving a case. Just like a jigsaw puzzle, each piece contributes to the bigger picture. By paying attention to even the smallest details, investigators can uncover hidden connections and patterns that may lead them to the truth. So, never underestimate the power of a seemingly insignificant detail!

Sherlock Holmes, the legendary detective, is known for his brilliant investigative strategies. One of his most effective tactics is observation. Holmes has a keen eye for detail and notices things that others often overlook. He pays attention to the smallest of details, such as the way a person walks or the condition of their shoes. These observations help him build a comprehensive picture of the case and guide his investigation.

Context is crucial in investigations. It provides a deeper understanding of the circumstances surrounding a case and helps investigators make sense of the evidence. By considering the context, investigators can uncover motives, identify potential suspects, and piece together the timeline of events. Understanding the context allows investigators to see the bigger picture and make informed decisions based on the available information.

Investigative strategies and tactics are essential tools for unraveling mysteries and solving cases. By paying attention to seemingly insignificant details, employing effective strategies like observation and deduction, and understanding the context, investigators can uncover the truth. So, whether you’re a detective or simply curious about the world of investigations, remember to keep your eyes open, connect the dots, and never underestimate the power of a small detail. Check out this episode of Adventures in Compliance with Tom Fox.

Key Investigative Lessons:

  • Why is it important to pay attention to seemingly insignificant details in investigations?
  • What strategies does Holmes use in investigations?
  • How can understanding context be valuable in resolving cases?

Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

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For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program – Day 24 – Internal Reporting and Triaging of Claims

The call, email, or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into an FCPA issue for your company. As the CCO, it will be up to you to begin the process, which will determine, in many instances, how the company will respond going forward. This system has become even more important after the 2022 announcement of the Monaco Memo. Further, as the 2022 ABB FCPA resolution made clear, self-disclosing to the DOJ is the vital first step for all discounts under the Corporate Enforcement Policy to begin.

This scenario was driven home by the WPP Foreign Corrupt Practices enforcement action in 2021. Here, a whistleblower reported internally on allegations of bribery and corruption in the company’s India subsidiary. WPP turned over the investigation to an inexperienced accounting firm in India and then allowed the investigation to be controlled by the business unit management that was engaging in the bribery and corruption. The result, unsurprisingly, was no adverse findings. However, the whistleblower did not stop there and reported six more times (seven total) with an increasing amount of documentary support. Finally, the company took the allegations seriously and commissioned an internal investigation.

Three key takeaways:

1. The DOJ and SEC put special emphasis on internal reporting lines.

2. Test your hotline on a regular basis to make sure it is working.

3. Every claim should be triaged before starting an investigation.

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program – Day 23 – The Investigation Protocol

Your company should have a detailed written procedure for handling any complaint or allegation of bribery or corruption, regardless of the means through which it is communicated. The mechanism could include the internal company hotline, anonymous tips, or a report directly from the business unit involved. You can make the decision on whether or not to investigate in consultation with other groups, such as the Audit Committee of the Board of Directors or the Legal Department. The head of the business unit in which the claim arose may also be notified that an allegation has been made and that the Compliance Department will be handling the matter on a go-forward basis. Through the use of such a detailed written procedure, you can work to ensure there is complete transparency on the rights and obligations of all parties once an allegation is made. This allows the compliance team to have not only the flexibility but also the responsibility to deal with such matters, from which it can best assess and then decide on how to manage the matter.

Indeed, there are a variety of factors around giving credit to corporate investigations, including: Did management, the board, or committees consisting solely of outside directors oversee the review? Did company employees or outside parties perform the review? If outside persons, have they done other work for the company? If the review was conducted by outside counsel, had management previously engaged such counsel? How long ago was the firm’s last representation of the company? How often has the law firm represented the company? How much in legal fees has the company paid the firm?

Three key takeaways:

1. A written protocol, created before an investigation, is a key starting point.

2. Create specific steps to follow so there will be full transparency and documentation going forward.

3. Consistency in approach is critical.

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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The Investigation Protocol

After the internal report comes in and you have properly triaged the matter, you need to scope out and investigate it, promptly, thoroughly and with competent personnel. In the 2023 ECCP, provided these series of questions about your internal investigations:

Properly Scoped Investigations by Qualified Personnel—How does the company determine which complaints or red flags merit further investigation? How does the company ensure that investigations are properly scoped? What steps does the company take to ensure investigations are independent, objective, appropriately conducted, and properly documented? How does the company determine who should conduct an investigation, and who makes that determination?

Investigation Response—Does the company apply timing metrics to ensure responsiveness? Does the company have a process for monitoring the outcome of investigations and ensuring accountability for the response to any findings or recommendations?

Resources and Tracking of Results––Are the reporting and investigating mechanisms sufficiently funded? How has the company collected, tracked, analyzed, and used information from its reporting mechanisms? Does the company periodically analyze the reports or investigation findings for patterns of misconduct or other red flags for compliance weaknesses? Does the company periodically test the effectiveness of the hotline, for example by tracking a report from start to finish?

Your company should have a detailed written procedure for handling any complaint or allegation of bribery or corruption, regardless of the means through which it is communicated. The mechanism could include the internal company hotline, anonymous tips, or a report directly from the business unit involved. You can make the decision on whether or not to investigate with consultation with other groups such as the Audit Committee of the Board of Directors or the Legal Department. The head of the business unit in which the claim arose may also be notified that an allegation has been made and that the Compliance Department will be handling the matter on a go-forward basis. Through the use of such a detailed written procedure, you can work to ensure there is complete transparency on the rights and obligations of all parties, once an allegation is made. This allows the compliance team to have not only the flexibility but also the responsibility to deal with such matters, from which it can best assess and then decide on how to manage the matter.

Indeed, there are a variety of factors around giving credit to corporate investigations including: Did management, the Board or committees consisting solely of outside directors oversee the review? Did company employees or outside persons perform the review? If outside persons, have they done other work for the company? If the review was conducted by outside counsel, had management previously engaged such counsel? How long ago was the firm’s last representation of the company? How often has the law firm represented the company? How much in legal fees has the company paid the firm?

In a presentation Jay Martin, former Chief Compliance Officer at Baker Hughes, and Jacki Trevino, Director, Relationship Manager at True Office Learning, discussed the specifics of an investigation protocol. It consisted of 1) opening and categorizing the case; 2) planning the investigation; 3) executing the investigation plan; 4) determining appropriate follow-up; and 5) closing the case. If you follow this basic protocol, you should be able to work through most investigations, in a clear, concise and cost-effective manner. Furthermore, you should have a report at the end of the day which should stand up to later scrutiny if a regulator comes looking. Finally, you will be able to “Document, Document, and Document”, not only the steps you took but why and the outcome obtained.

Opening and categorizing the case. This is the first step to categorize a compliance violation. You should notify the relevant individuals, including those on your investigation team and any senior management members under your notification protocols. After notification, you should assemble your investigation team for preliminary meetings and assessments. This step should be accomplished in one to three days after the allegation comes into compliance, either through your reporting structure or other means.

Planning the investigation. After assembling your investigation team, determine the required investigation tasks. These would include document review and interviews. If hard drives need to be copied or documents put on hold or sequestered in any way, or relationships need to be analyzed through relationship software programs or key word search programs, this should also be planned out at this time. These tasks should be integrated into a written investigation or work plan so that the entire process going forward is documented. Also, if there is a variation from the written investigation plan, such variation should be documented, with an explanation provided as to why there was such a variation. Lastly, if international travel is involved this should also be considered and planned for at this step. This step should be accomplished within another one to three days.

Executing the investigation plan. Under this step, the investigation should be completed. I would urge that the interviews not be affected until all documents are reviewed and ready for use in any interviews. Care should be taken to ensure that an appropriate Upjohn warning is issued, and that the interviewee clearly understands that whoever is performing the interview represents the company and not the person being interviewed, whether they are the target of the investigation or not. The appropriate steps should also be taken to preserve the attorney-client privilege and attorney work product ruminations. This step should be accomplished in one to two weeks.

Determining appropriate follow-up. At this step, the preliminary investigation should be complete, and you are ready to move into the final phases. In some investigations, it is relatively easy to determine when the work is essentially complete. For example, if the allegation is both specific and narrow, and the investigation reveals a compelling and benign explanation for the conduct alleged, then the investigation typically is complete, and you are ready to convene the investigation team and the relevant business unit representatives. This group would decide on the appropriate disciplinary steps or other actions to take. This step should be completed in under a week. (Note that at this step, if there are findings of specific or discrete allegations of corruption and bribery, a decision must be made as how to handle such findings going forward.)

Closing the case. Under this final step, communicate the investigation results to the stakeholders and complete the case report. Everything done in the above steps should be documented and stored, either electronically or in hard copy form. The case report should be completed. This step should be completed in under a week.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture: Day 10 – Improving Culture Through Investigations

Meric Bloch strongly emphasizes the importance of workplace investigations and fostering a culture of employee compliance. He believes that merely setting up a hotline and establishing policies is insufficient; companies must actively engage with employees to understand their motivations for speaking up or remaining silent. Bloch also underscores the need for accountability and a critical evaluation of the effectiveness of compliance programs. His experiences with multinational companies have shaped his understanding of the challenges they face, particularly the fear of being perceived as incompetent and the difficulties in reporting.

One of the key points raised by Bloch is the importance of making speaking meaningful and credible. He pointed out that companies often fail to communicate what should be reported, leading to confusion among employees. Bloch also highlights the lack of follow-up interviews and training for reporters as a problem. He stressed the need for organizations to engage with reporters and gather additional information to better understand the context and potential gaps in the initial report. Bloch also discussed the importance of addressing friction points within organizations. He mentioned that employees often hesitate to speak up due to concerns about the involvement of headquarters or fear of retaliation. Organizations must actively address these concerns and create an environment where employees feel safe and supported when reporting issues.

To create a culture of speaking up, organizations must move beyond passive measures such as hotlines and policies. They need to actively engage with employees, educate them about their role in the process, and provide clear guidance on what should be reported. By doing so, organizations can foster a culture of compliance where employees feel empowered to speak up and contribute to maintaining ethical standards.

Three key takeaways:

1. Your investigation process must go beyond simple policies and procedures.

2. Seeking additional information from a reporter will enhance the investigative process and your culture.

3. Remove friction points in the speak-up and investigative processes.

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein, on Tuesday, November 28, 12 CT, For more information and registration, click here.

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Compliance Into the Weeds

Compliance into the Weeds – Remediation During an Enforcement Action

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the issue of how and whether you should remediate during an enforcement action.

The importance of early and continuous remediation of compliance issues cannot be overstated. It is a critical aspect of maintaining a healthy relationship with regulators and ensuring effective strategies are in place to address any uncovered issues. Tom firmly believes in the necessity of initiating the remediation process as early as possible, even during the investigation phase. He emphasizes the importance of regular communication with regulators and the potential risks of delaying remediation.

Matt echoes Fox’s sentiments. He highlights the confidence that early remediation brings to compliance officers and the increased likelihood of successful resolution. Join Tom Fox and Matt Kelly as they delve deeper into this topic in this episode of the Compliance into the Weeds podcast.

 Key Highlights:

  • Proactive Remediation for Effective Compliance Management
  • Navigating Personnel Matters During Remediation
  • Logical and Consistent Employee Discipline Compliance
  • Remediation Strategies for Confident Compliance Officers

 Resources:

Matt on Radical Compliance

Tom 

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Innovation: Day 15 – Leveraging AI in Compliance Investigations

The 2023 ECCP provided clear-cut criteria regarding effective compliance investigations. Unfortunately, many compliance teams fail to promptly substantiate most of the reports they investigate, partly due to their inability to quickly and easily find the evidence they need, especially about harassment and misconduct cases. He stated, “This doesn’t just demonstrate a fundamental lack of effectiveness from the DOJ’s perspective, but a long-term organizational risk that goes well beyond any individual allegation of misconduct.” The reason is not simply legal but also operational. If substantive allegations are indeed violations, they could continue, exacerbating the problem(s) and lengthening the time of legal liability.

All of this is particularly significant in light of the industry research that shows many compliance investigations today are unsubstantiated and can take over 40 days from start to finish. The ability of AI to find and analyze data from the web and social media in this automated fashion will be able to overcome some of those challenges in terms of length of time and overall scope of the investigation. Finally, always remember data preservation. The regulators always want to know if you have the documents and data tied down. This allows a company to have confidence in its papers and, in turn, can make such representations to regulators and prosecutors that the documents are secure. In other words, Document, Document, and Document. 

Three key takeaways:

  1. AI is an appropriate tool for supplementing investigations.
  2. AI can look at large bodies of social media data.
  3. AI can help you decrease your investigation length.

For more information, check out The Compliance Handbook, 4th edition, here.

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Data Driven Compliance

Data Driven Compliance: The Transformative Potential of AI in Compliance Investigations

Are you struggling to keep up with the ever-changing compliance programs in your business? Look no further than the award-winning Data Driven Compliance podcast, hosted by Tom Fox. This podcast features an in-depth conversation about the uses of data and data analytics in compliance programs. Data Driven Compliance is back with another exciting episode. Today, Tom takes a solo turn to consider using AI to facilitate compliance investigations.

The advent of artificial intelligence (AI) is revolutionizing the landscape of legal and compliance investigations, enhancing substantiation rates, expediting case closure times, and preserving crucial evidence. Tom Fox, a seasoned expert in the field, firmly believes in the transformative potential of AI in this domain. He posits that AI can significantly improve regulatory compliance by enhancing substantiation rates, shortening case closure times, and preserving key evidence. Fox’s perspective is shaped by the current challenges initially posed by the COVID-19 pandemic, which made traditional methods of internal interviews and company data analysis less feasible, and those challenges coming out of the pandemic.

He advocates using AI technology to search unstructured web and social media data, leading to more efficient and conclusive investigations. Furthermore, he underscores the importance of data preservation and the ability of AI to analyze large volumes of social media data, thereby reducing investigation length and promoting fair institutional justice. Join Tom Fox in this episode as he delves deeper into this fascinating topic.

Highlights Include:

  • Leveraging AI for Efficient Compliance Investigations
  • The need for speed
  • Enhancing Compliance Investigations with AI-Based Data Preservation

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Adventures in Compliance

The Memoirs of Sherlock Holmes – Silver Blaze

The world of compliance investigations can be complex and challenging, requiring investigators to navigate through a maze of information and uncover hidden truths. In the podcast episode “The Adventure of Silver Blaze” on Adventures in Compliance, host Tom Fox explores the valuable investigative lessons that can be learned from Sherlock Holmes’ approach to solving mysteries. This episode focuses on the story of Silver Blaze, where Holmes uses his attention to detail, deductive reasoning, and pattern recognition skills to solve the case.

One of the key lessons highlighted in the episode is the importance of attention to detail. Holmes emphasizes the need to observe even the smallest details, as seemingly insignificant clues can provide crucial insights. Compliance investigators can apply this lesson by paying attention to every detail, no matter how trivial it may appear. By doing so, they can uncover hidden connections and gather valuable evidence.

Contextual analysis is another important factor in Sherlock Holmes’ investigative approach. Holmes examines the circumstances surrounding the crime and seeks to understand the broader context. He considers various factors, such as the behavior of people involved, the nature of the crime scene, and the motivation of the subjects. This lesson emphasizes the significance of understanding the context and building a comprehensive understanding of any case or investigation.

Deductive reasoning is a skill that Holmes is renowned for. He draws logical conclusions based on the available evidence and eliminates improbable scenarios. Compliance investigators can learn from this approach by using logical thinking to eliminate false leads and narrow down possibilities. By applying deductive reasoning, investigators can focus their efforts on the most relevant areas and make informed decisions.

Sherlock Holmes also emphasizes the value of disguised or unexpected evidence. In the story of Silver Blaze, Holmes notices the absence of expected evidence, such as the dog not barking, and deduces that a certain action was taken. This teaches investigators to look for the presence or absence of evidence that may be disguised or unexpected, as it can provide valuable insights.

Information gathering is a critical aspect of the investigative process, and Holmes emphasizes the importance of gathering information from various sources. He interacts with different characters, collects testimonies from multiple sources, and examines forensic evidence and documents. Compliance investigators can benefit from this lesson by gathering information from diverse sources to obtain a comprehensive understanding of the situation.

Pattern recognition is another skill that Holmes excels at. He is adept at recognizing patterns and connecting seemingly unrelated pieces of information. This ability allows him to identify the truth and solve the case. Investigators should develop pattern recognition skills to identify connections and associations that may lead to crucial breakthroughs. Data analytics can also play a role in pattern recognition, helping investigators find patterns in large amounts of data.

In addition to logical reasoning, Holmes also values intuition and creativity. He is open to unconventional ideas and thinks creatively to explore all possibilities. Compliance investigators can benefit from this lesson by being open-minded and thinking outside the box. Sometimes, unconventional or imaginative approaches uncover hidden insights and provide new perspectives.

Collaboration and consultation are also important aspects of Sherlock Holmes’ investigative approach. Holmes frequently collaborates with others, such as his trusted associate Dr. Watson, to exchange ideas and gain different perspectives. Investigators and compliance professionals can benefit from seeking advice or collaborating with colleagues to enhance their problem-solving skills and uncover new insights.

In conclusion, the episode “The Adventure of Silver Blaze” on Adventures in Compliance highlights the valuable investigative lessons that can be learned from Sherlock Holmes’ approach. Attention to detail, contextual analysis, deductive reasoning, information gathering, pattern recognition, intuition, creativity, collaboration, and consultation are all key factors that impact the effectiveness of applying Sherlock Holmes’ investigative lessons in compliance investigations. By incorporating these lessons into their investigative practices, compliance investigators can improve their ability to solve complex problems and uncover hidden truths.