Tag: investigations

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FCPA Survival Guide

FCPA Survival Guide: Step 2 – Extraordinary Cooperation

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss the DOJ requirement of extraordinary cooperation.

This episode highlights the definitions of full cooperation and extraordinary cooperation from a law enforcement perspective, emphasizing the advice from Kenneth Polite and Deputy Attorney General Lisa Monaco on acting ‘swiftly and without delay.’ They explore strategies for accelerating investigations without compromising quality, including leveraging technology, ensuring a well-defined process, and engaging the right people. They emphasize the DOJ’s demand for immediacy, consistency, and impact in investigations, linking efficient, real-time processes with the broader goal of compliance and remediation. The discussion also touches on managing messaging apps and the significance of preparation and proactive processes to meet the Department of Justice’s expectations effectively.

Key Highlights and Issues:

  • Defining Extraordinary Cooperation and Its Challenges
  • The Importance of Real-Time Systems in Investigations
  • Strategies for Efficient and Effective Investigations
  • Leveraging Technology, Process, and People for Speed
  • The DOJ’s Expectations: Immediacy, Consistency, and Impact
  • The Process Nature of Compliance and Investigation

 Resources:

Nick Gallo on LinkedIn

Ethico

The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action

Tom

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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Episode 28 — CZ v. SBF Edition

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode, Tom and Kristy take on a wide variety of compliance related topics.

One of the key issues they look at are reports suggesting China is strategically relocating forced labor from the Uyghur region to different parts of the country in an attempt to bypass US laws prohibiting goods sourced from areas associated with forced labor.

This could trigger wider limitations on goods originating from China, stressing the necessity for intensive audits and transparency in business operations. This issue has sparked bipartisan concern, hinting at potential upcoming legal actions.

Tom stresses the need for companies to react effectively to reduce risks, possibly through on-the-ground audits and increased accountability in business operations in China. Kristy underscores the need for thorough audits and proactive measures in response to the risks associated with forced labor in China. She raises the possibility of legal consequences for companies found to be misleading about their involvement with forced labor. Both perspectives serve to underline the gravity and complexity of this issue.

Highlights Include:

  • An ex-McKinsey partner says he was scapegoated. (Reuters)
  • CFTC names its first AI Chief. (WSJ)
  • CZ gets 4 months. (WSJ)
  • FCPA violator Ericsson bemoans ‘over-regulation’.  (FT)
  • Corporate investigations are under scrutiny.   (FT)
  • China Moving Forced Laborers Amid U.S. Crackdown, Biden Official Says (WSJ)
  • Robinhood Crypto gets Wells notice from US SEC (Reuters)
  • Report Spotlights Privacy Access Requests (Radical Compliance)
  • Why Employee Bonuses Do Not Work (and What to Do Instead) (Inc.)
  • A Florida man runs to the police for help after committing a crime and ends up behind bars. (Aol.)

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

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Compliance Tip of the Day

Compliance Tip of the Day: Improving Culture Through Investigations

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

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

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider how you can improve your culture through your investigation process.

 

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

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Compliance Tip of the Day

Compliance Tip of the Day: How an Investigation Informs Remediation

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

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

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

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

In this episode, we consider why and how an investigation can be a key to your remediation after an incident occurs.

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

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Compliance Tip of the Day

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

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

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

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

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

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

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

Resources:

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

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Compliance Tip of the Day

Compliance Tip of the Day: The Investigative Protocol

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

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

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we review the 5 steps in your investigative protocol. These steps should be documented and circulated as a compliance function policy.

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

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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

Connect with Tom Fox

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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.