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FCPA Compliance Report

FCPA Compliance Report: Vince Walden on Leveraging Data Analytics for Effective Compliance Monitoring

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom Fox welcomes back Vince Walden, founder of KonaAI. Vince reports on the 2024 Update to the Evaluation of Corporate Compliance Programs. (Today’s episode is a cross-posting from Data Driven Compliance.)

Walden, a distinguished expert in compliance data analytics, actively participates in industry forums such as the Society of Corporate Compliance and Ethics annual summit in Grapevine, Texas. He advocates for compliance professionals to have ample access to relevant data sources, enabling them to monitor and test policies, controls, and transactions effectively. Walden stresses the importance of AI developers being vigilant about potential biases and public harm, aligning with the Department of Justice’s stance on accountability. He advises compliance practitioners to collaborate with internal audit and finance teams to ensure they have the necessary transactional data for comprehensive risk assessments, highlighting successful, cost-effective implementations like those at Albemarle as models for gradual, data-driven compliance program adoption.

Highlights in this Episode

  • Data-Driven Compliance for Cost Savings
  • Enhancing Compliance through Advanced Data Analysis
  • Identifying High-Risk Areas for Data Analytics
  • Proactive Risk Mitigation through Real-Time Monitoring
  • ROI-driven Compliance Programs with Data Analytics

Resources

Vince Walden on LinkedIn

KonaAI

Tom Fox

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Twitter

LinkedIn

For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here.

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Data Driven Compliance

Data-Driven Compliance: The DOJ Mandate on Transforming Compliance Through Data Analytics and AI with Vince Walden

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, is a podcast featuring an in-depth conversation around the uses of data and data analytics in compliance programs. Data Driven Compliance is back with another exciting episode. Today, Vince Walden, founder of KonaAI, the sponsor of this podcast, returns to talk about the recent speech by Nicole Argentieri and the release of the 2024 Update to the Evaluation of Corporate Compliance Programs (ECCP).

Walden shares insights from the Nicole Argentieri’s keynote and ECCP update, emphasizing the DOJ’s focus on data access in compliance. We explore the importance of utilizing both compliance and business data for effective fraud and risk management. Walden underscores the necessity for compliance professionals to collaborate with internal audit and finance departments, advocating for a risk-based approach to data analytics and continuous controls monitoring. The discussion also delves into leveraging AI and machine learning to improve compliance efficacy and overall business operations, arguing for the proportional allocation of resources to match the company’s sophistication level.

Key Highlights:

  • DOJ’s Focus on Data Access
  • Understanding Compliance Data Analytics
  • Training Compliance Officers on Data
  • Implementing Continuous Controls Monitoring
  • Cost Savings and ROI in Compliance
  • Proportionate Resource Allocation
  • Documentation and Transparency

Resources:

Vince Walden on LinkedIn

KonaAI

Tom Fox 

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Data Driven Compliance

Data Driven Compliance: Sherlock Holmes on Pattern Recognition in Data-Driven Compliance

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 around the uses of data and data analytics in compliance programs. Data-Driven Compliance is back with another exciting episode. Today, I take a solo turn to talk about data analytics and pattern recognition for the compliance professional in the context of the Sherlock Holmes short story, The Adventures of the Dancing Men. For a deep dive into the story, check out the episode on my Sherlock Holmes pod, Adventures in Compliance.

In this story, Holmes decodes stick figures to solve the mystery. One of the tools he uses is pattern recognition, which plays a pivotal role in data-driven compliance programs, serving as a tool to identify anomalies and potential compliance issues. It involves the systematic observation of data to identify recurring elements or trends, even in seemingly random data, and interpreting these patterns within the appropriate context to provide meaningful insights. The importance of this process for the compliance professional cannot be overstated.

Pattern recognition requires both creativity and flexibility, and it can help predict future outcomes, optimize processes, and inform decision-making in compliance programs. I also discuss the significance of an iterative approach, which involves continuous improvement based on new information and collaboration with others to enhance analytic capabilities and gain deeper insights. Check out this most unique and interesting episode of the Data-Driven Compliance podcast, where Sherlock Holmes instructs the modern compliance professional on Data-Driven Compliance.

 Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

 Tom Fox 

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Data Driven Compliance

Data Driven Compliance: The Journeys of Albemarle and ABB to Data-Driven Compliance, Part 2

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 around the uses of data and data analytics in compliance programs. Data-Driven Compliance is back with another exciting episode. In this special second part of a two-part podcast, I co-host with Vince Walden, CEO of KonaAI, to visit with our guests Andrew McBride, Chief Risk Officer at Albemarle, and Tapan Debnath, Head of Integrity, Regulatory Affairs, and Data Privacy—Process Automation at ABB, on their respective companies’ journeys to data-driven compliance.

Debnath’s perspective on the challenges and strategies in compliance data analytics is centered on the need for clear goals, defined processes, and the importance of early planning and resource allocation. He sees compliance data analytics as a journey rather than a project, encouraging organizations to start with imperfect data and refine their processes over time. On the other hand, McBride’s perspective is focused on prioritization, resource allocation, and audience-driven decision-making. He emphasizes the iterative nature of data analytics projects and believes that a successful ethics and compliance program does not necessarily require a large data analytics team, but rather the right roles and support from the IT function. Join Tom Fox and Vince Walden as they delve deeper into these insights with Tapan Debnath and Andrew McBride on this episode of Data-Driven Compliance.

Key Highlights:

  • Navigating Data Privacy Laws Across Jurisdictions
  • Strategic Steps in Ethics and Compliance Analytics
  • Unlocking AI’s Potential in Compliance Analytics
  • Actionable Insights from Data Analytics
  • Leveraging Documentation for Enhanced Compliance and Risk Mitigation

Resources:

Vince Walden on LinkedIn

KonaAI

Tom Fox 

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 18-Strategic Considerations for Implementing AI in Compliance

What are the key factors that impact these strategic considerations for implementing AI in compliance, exploring the tradeoffs, challenges, and importance of considering the impact on decision-making.

Key Considerations

1.     Understand the impact of AI on the company.

2.     Maintain an inventory of all tools used.

3.     Understand the tools for cost efficiency and risk avoidance.

4.     Involve all business sectors in AI discussions.

5.     Utilize AI for better data usage in compliance.

While implementing AI in compliance brings numerous benefits, there are tradeoffs and challenges to consider. One tradeoff is the need to balance exploration and innovation with rules and regulations. Another challenge is the selection of AI tools.

Implementing AI in compliance requires strategic considerations and decision-making. Understanding the impact of AI, maintaining an inventory of tools, considering cost efficiency and risk avoidance, involving all business sectors, and utilizing AI for better data usage are key factors to consider. Balancing exploration and rules, as well as selecting the right AI tools, are challenges that need to be addressed. By carefully navigating these considerations and challenges, companies can leverage AI to enhance their compliance programs and stay ahead in an ever-evolving regulatory landscape.

Three key takeaways:

1. What are the key factors that impact these strategic considerations for implementing AI in compliance?

2. Compliance professionals need to stay updated with the latest AI developments and trends, which requires continuous learning and keeping abreast of industry news and insights.

3. Understanding the impact of AI, maintaining an inventory of tools, considering cost efficiency and risk avoidance, involving all business sectors, and utilizing AI for better data usage are key factors to consider.

For More information on KonaAI, click here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 17-Adapting Compliance Programs for Cloud Technologies

As organizations transition to remote work and embrace cloud technologies, it is crucial to adapt compliance programs to ensure regulatory obligations are met.

Companies are shifting away from traditional tools like Excel or SharePoint towards centralized systems that facilitate compliance monitoring. Compliance teams can no longer rely on face-to-face collaboration and need systems to manage communication, investigations, and case management. This shift towards virtual platforms for communication has also increased the need to capture and record voice data for compliance purposes.

Adapting compliance programs for remote work and cloud technologies is essential in the current business landscape. Compliance program visibility, capturing and recording communication data, leveraging cloud technologies, and embracing AI-driven compliance monitoring are key factors to consider. By balancing these factors and focusing on risk-based approaches, organizations can ensure they meet their regulatory obligations while enabling their compliance teams to focus on their core responsibilities. The future holds even more advancements in cloud technologies and AI, promising increased defensibility and improved compliance monitoring capabilities.

 Three key takeaways:

1. Companies are shifting away from traditional tools like Excel or SharePoint towards centralized systems that facilitate compliance monitoring.

2. You must focus on the explainability  and defensibility of your AI models.

3. By focusing on risk-based approaches, organizations can ensure they meet their regulatory obligations while enabling their compliance teams to focus on their core responsibilities.

For more information on KonaAI, click here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Data Analytics: Day 14 – Continuous Converged Compliance

How can you integrate compliance, risk management, and your security framework? Igor Volovich, Vice President, Compliance Strategy at Qmulos, introduced the innovative concept to this discussion: Converged Continuous Compliance. This approach aims to reunite compliance, security, and risk management, which have historically operated independently.

One of the key requirements impacting this new approach is the need to bridge the gap between these functions from both a data and human perspective. These concepts serve as a translator, helping organizations navigate the complex landscape of compliance, security, and risk management. By speaking the language of these three functions, Converged Continuous Compliance brings them together and facilitates collaboration.

Corporate compliance needs to promote new approaches to compliance and risk management by challenging misconceptions, reuniting compliance, security, and risk management, emphasizing data governance oversight, and advocating for automation. These approaches aim to enhance efficiency, increase trust in compliance reports, and ultimately drive a greater return on investment. As organizations navigate the ever-evolving landscape of compliance, it is crucial to consider the impact of new approaches and strike a balance between different factors to achieve effective compliance and risk management.

Three key takeaways:

  1. The DOJ has stated that a chief compliance officer and a corporate compliance function must have visibility across all data sets in an organization. Converged Continuous Compliance aligns with this message.
  2. The bottom line is that we have accepted certain models of how compliance is done, what compliance means, what it delivers to the enterprise, and what it fails to deliver to the enterprise.
  3. It is crucial to consider the impact of new approaches and strike a balance between different factors to achieve effective compliance and risk management.

For more information on KonaAI, click here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Data Analytics: Day 13 – Data Management Automation

Data automation not only streamlines the compliance process but also provides transparency and visibility into the decision-making process. There is a clear importance to connecting people, data, process systems, and tools in one place. This eliminates the need for compliance officers to navigate multiple systems and tools, allowing them to focus on risk-based due diligence. By having a clear understanding of the decision tree and the ability to adjust the automation process, organizations can trust the automation while maintaining control and oversight.

The importance of automation for data analysis in compliance programs cannot be overstated. Organizations need to have visibility into their data at their fingertips to ensure regulatory compliance and mitigate risks. Automation streamlines the compliance process, provides transparency, and allows for adaptability in the face of evolving regulations and risks. By leveraging data analysis, organizations can identify deviations, improve cycle times, enhance training effectiveness, and make informed decisions. Board-level involvement is crucial in overseeing the automation and data analysis process, recognizing its strategic value, and ensuring its effective implementation. With the advent of AI and intelligent approaches, organizations that do not embrace automation and data analysis may suffer in the long run. Trust but verify, and always prioritize visibility and transparency in compliance programs.

Three key takeaways:

  1. Automation not only streamlines the compliance process but also provides transparency and visibility into the decision-making process.
  2. There is a need for board-level involvement in overseeing the automation and data analysis processes.
  3. Through analyzing deviations from the expected path, compliance officers can identify areas that require additional process controls or adjustments.

Check out KonaAI here.

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Blog

The DOJ on the Need for Compliance Program Data Analytics

The Department of Justice (DOJ) is increasingly utilizing data analytics for proactive enforcement, signaling a significant shift in their approach to combating white-collar crime. This move reflects the recognition of data analytics as a crucial component of compliance programs, extending beyond historical reporting to transactional details and third-party interactions.

Recently, Acting Principal Deputy Assistant Attorney General Nicole M. Argentieri Delivered remarks at the 39th International Conference on the Foreign Corrupt Practices Act (FCPA). She stated, “the Criminal Division has long been an innovator in using data to enhance its investigations and prosecutions. I am proud to announce that we are taking that experience and expertise with data analysis and applying these tools to our FCPA investigations. Through investments in personnel, we have improved our ability to harness and analyze available data — both public and non-public — to identify potential wrongdoing involving foreign corruption. This approach has already generated successful FCPA investigations and prosecutions.” 

In this week’s episode of “Data Driven Compliance,” host Tom Fox and Vince Walden, discussed the importance of data analytics in the DOJ’s enforcement efforts was discussed. Matt Galvin, an expert leading the DOJ’s data analytics initiative, highlighted the proactive use of data to generate cases related to the FCPA and emphasized that this is just the beginning.

The DOJ expects companies to adopt a similar data-driven approach to compliance. Vince Walden, cited to the Argentieri speech where she stated, “just as we are upping our game when it comes to data analytics, we expect companies to do the same.” This expectation extends beyond simply tracking trainings, policies, and investigations. The DOJ’s focus is on monitoring third parties throughout the lifespan of the relationship, not just during the onboarding process.

Walden emphasized that while due diligence and background checks are essential, the real risk of fraud occurs during the actual business transactions with third parties. Therefore, companies need to go beyond initial checks and continuously monitor high-risk vendors, contract terms, and other relevant data sources. By mapping risks to data sources and implementing effective tests, companies can identify and prioritize risky transactions.

The increasing accessibility and cost-effectiveness of data analytics have made it a viable option for companies of all sizes. It can help companies demonstrate effective compliance programs, uncover hidden financial irregularities, and improve overall efficiency. The importance of continuous data analysis in compliance programs was highlighted by the Bank of America enforcement action by the Consumer Financial Protection Bureau (CFPB).

The DOJ’s use of data analytics is not limited to public data available from public companies. They are also leveraging private information, which could potentially include information obtained during investigations within specific industries. The DOJ has made significant investments in technology and resources to enhance their enforcement capabilities, taking inspiration from techniques used in the healthcare division to combat fraud.

However, implementing a data-driven compliance program comes with its own set of challenges. There is still confusion among the compliance community regarding what data analytics entails and how it should be applied. Walden stressed the need for a process-oriented approach rather than treating it as a one-time project. Data analytics should be integrated into the compliance program as a continuous business process, similar to third-party due diligence.

The DOJ’s increasing use of data analytics for proactive enforcement has far-reaching implications. Companies must recognize the importance of adopting a data-driven approach to compliance and invest in the necessary resources and technology. By doing so, they can not only meet the DOJ’s expectations but also improve the effectiveness of their compliance programs and mitigate the risk of fraud.

The DOJ’s increasing use of data analytics for proactive enforcement signifies a significant shift in their approach to combating white-collar crime. Companies must embrace this data-driven approach to compliance, continuously monitor high-risk transactions, and invest in the necessary resources and technology. By doing so, they can demonstrate effective compliance programs, uncover hidden financial irregularities, and improve overall efficiency.

For the full podcast episode, click here.

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Data Driven Compliance

Data Driven Compliance: Vince Walden on DOJ Remarks on Data-Driven Compliance

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 around the uses of data and data analytics in compliance programs. Data-Driven Compliance is back with another exciting episode. Today, I visited with Vince Walden, CEO of KonaAI, on the recent remarks by the DOJ on data-driven analytics and compliance.

Vince Walden, an expert in data-driven compliance and fraud examination, has made significant strides in the industry as the CEO of Kona AI. His perspective on the Department of Justice’s (DOJ) increasing use of data analytics for proactive enforcement is that it marks a significant shift in the DOJ’s approach to enforcement. Walden notes that the DOJ is now actively using data analytics to proactively identify risks and cases, rather than relying solely on self-reporting or anomalies. He believes that data analytics is no longer considered cutting-edge but rather an expected part of a best practices compliance program. His extensive experience in white-collar crime and FCPA cases, as well as his participation in events such as the annual FCPA conference, have shaped this perspective. Join Tom Fox and Vince Walden as they delve deeper into this topic on the next episode of the Data Driven Compliance podcast. 

Resources:

Vince Walden on LinkedIn

KonaAI

Tom Fox 

Connect with me on the following sites:

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