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Compliance Into the Weeds

Compliance into the Weeds: Responses to PCAOB Proposal On Audits

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 explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt consider the PCAOB proposal for fraud and compliance audits.
In this episode, we dive into the heated debate surrounding the proposed rule on auditors and fraud risk audits in this episode of Compliance into the Weeds. Compliance professionals and the audit community have contrasting perspectives on the PCAOB proposal to require audit firms to look more aggressively for compliance and legal violations at their client companies and then report any such violations more promptly to the company’s board of directors.
Discover the stipulations compliance professionals want to include, such as meeting with the chief ethics and compliance officer and reviewing the state of the compliance program. On the other hand, hear why the audit community, represented by the PCAOB, opposes the rule, arguing that auditors lack the necessary expertise and that fees would skyrocket without significant benefits. Gain insights into the complexities and challenges of asking auditors to take on compliance responsibilities. Tune in to understand the potential implications of the proposed rule on audit firms, compliance professionals, and investors.

 Key Highlights

·       The PCAOB proposal implications for auditors, with a focus on effects on fraud risk audits.

·       The difference in how compliance professionals and auditors perceive the impending rule.

·       The practical difficulties auditors face when tasked with compliance roles.

·       What are the potential cost and liability hikes for auditors, heralded by the enforcement of the rule?

·       The uncertainties enveloping the approval and implementation process for the proposed rule.

 Resources

Matt 

LinkedIn

Blog Post in Radical Compliance

Tom 

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Compliance Into the Weeds

Compliance into the Weeds: PCAOB: Expanding Audit Duties – The Impact and Concerns

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 fully explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds!

Tom Fox and Matt Kelly are back with another thought-provoking episode discussing the proposed new Audit Standard 2405 by the PCAOB. This new proposal requires auditors to evaluate legal violations and noncompliance that could have a material impact on financial statements. While some people believe this is a good idea, others question the cost and whether audit firms are trained for this task. The discussions covered a range of topics, including internal control evaluations, expanding audit duties, Wells Fargo case study, the potential for increased audit fees, and reporting noncompliance to law enforcement. The hosts urge listeners to read the proposal and provide feedback as the final standard is expected to be approved by the SEC. This is a must-listen for compliance professionals who want to stay up-to-date and think critically about the latest audit news.

 Key Highlights 

·      Auditing Process for Legal and Compliance Issues

·      New Standards for Auditors Beyond Financial Reporting

·      Expanding PCAOB’s Legal Obligations for Auditors

·      Expanding Audit Firm Duties: Impact and Concerns

·      Commenting on Proposed Audit Rule

Notable Quotes:

“This seems like a huge expansion of what auditors have done in the past.”

“Certainly, for example, a large FCPA violation if you’re looking at $1,000,000,000 fine, and that would definitely strike me as material.”

“The proposal to expand the duties of audit firms is a dramatic expansion of what they were previously asked to do, and it is unclear whether they are fully equipped to handle this responsibility.”

“Internal auditors and compliance officers may also have concerns.”

Resources

Matt 

LinkedIn

Blog Post in Radical Compliance

Tom 

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Compliance Into the Weeds

SOX Compliance, PCAOB Inspections and Audits

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 explore a subject more. Join Tom Fox and Matt Kelly in the latest “Compliance into the Weeds” episode as they delve into the world of SOX compliance. Matt shares insights from recent webinars and Cornerstone Research studies on class action lawsuits related to accounting issues in this discussion. At the same time, Tom emphasizes the importance of preventing accounting fraud through robust internal control systems.

They shed light on the role of IT controls in ensuring the integrity and security of financial systems and the challenges auditors face in verifying their effectiveness. They discuss how companies can mitigate the risk of fraud by implementing strong access and cybersecurity controls and adapting to new business environments. Don’t miss out on this captivating episode offering practical tips and strategies for compliance officers and industry professionals!

Key Highlights

·      Current SOX compliance priorities

·      The cost of lawsuits involving SOX compliance failures, financial accounting, and financial restatements are going up

·      2023 PCAOB inspection priorities

 Notable Quotes:

“None of those numbers are going in the right direction for SOX compliance officers.”

“A lot of what SOX compliance is and a lot of what auditors are looking at relates to IT controls.”

“We rely so much on IT now to run the accounting system, the accounts payable, the finance function, a lot of what you need to ensure a strong accounting system is really how are you governing software running those apps.”

“That, however, assumes that you’ve got strong cybersecurity and strong access controls around getting into that portal.”

 Resources

Matt  on LinkedIn

Matt’s three articles on Radical Compliance

a.     SOX Compliance

b.     Lawsuits over SOX failures

c.     PCAOB Inspection Priorities

Tom

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Everything Compliance - Shout Outs and Rants

Episode 114 – Shout Outs and Rants

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. Everything Compliance has been honored by W3 as the top podcast talk show. In this episode, we have the quartet of Tom Fox, Jonathan Marks, Matt Kelly, and special guest Scott Garland from Affiliated Monitors for our fan fav Shout Outs and Rants edition.

  1. Matt Kelly has a dual rant. He shouts out to the PCAOB for reminding folks that cryptocurrency ‘reserve reports’ are not worth the paper they are printed on. He rants about crypto being a big circular whackadoo.
  2. Jonathan Marks shouts out to the US House of Representatives for overwhelmingly voting to investigate the origins of Covid-19.
  3. Tom Fox looks rants about the Tennessee legislature’s attempt to ban Shakespeare, movies such as Tootie and Some Like It Hot, and politicians such as George Santos, all in the guise of banning drag shows.
  4. Special Guest Scott Garland shouts out to the Department of Justice for their continued evolution in their thinking about compliance and compliance programs.
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Daily Compliance News

February 22, 2023 – The Going Dark Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Stories we are following in today’s edition of Daily Compliance News:

  • Binance secretly moved money out of the US affiliate. (Reuters)
  • Is supporting DEI now illegal in Texas? (PracticalESG)
  • SEC is becoming increasingly opaque about the whistleblower program. (KU)
  • Does PCAOB have jurisdiction over crypto audits? (WSJ)
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Compliance Into the Weeds

Compliance Issues & Events We Are Looking at for 2023

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 explore a subject. In this episode, Matt and I consider a list of compliance issues and events worth watching in the next 12 months, likely to happen in the coming year, that will be most consequential for corporate compliance and audit professionals.

For 2023 (at least at this point), it is the following:

·      SEC rules on greenhouse gases.

·      PCAOB enforcement.

·      The FTC and privacy enforcement.

·      Fallout from the Oracle FCPA enforcement action.

·      New DOJ corporate crime enforcement policies.

·      An ESG controller.

·      Crash and burn of Elon Musk-style corporate governance.

 Resources

Matt Kelly in Radical Compliance

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Everything Compliance

Episode 107 – the Happy Thanksgiving Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. Everything Compliance has been honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Jonathan Armstrong, Karen Woody, Jay Rosen, and Matt Kelly on various regulatory and criminal law topics. We conclude with our fan-fav Shout Outs and Rants section.

1. Matt Kelly’s implosion of Twitter since its takeover by Elon Musk. He shouts out to everyone who votes.

2. Karen Woody looks at court cases attacking the expanded authority of the SEC to use in-house courts and judges rather than Article III courts and judges. She rants about the Russian government’s treatment of Brittney Griner and her shipment to a Russian penal colony.

3. Jonathan Marks at the question of whether the PCAOB should be folded into the SEC. He shouts out to the Houston Astros for winning the World Series and continues his ongoing rant about takeaway food from Chipotle.

4. Jonathan Armstrong looks at the conviction of former Uber CISO Joe Sullivan and explores what it means for CISOs and CCOs. He shouts out the Houston restaurant Mac N’ Wings for having Asian/Southern fusion food and the hottest curry he has ever tasted.

5. Jay Rosen reviews the case of former Santa Clara County Sheriff Laurie Smith, who was recently convicted of corruption. He shouts out to former Patriot Julian Edelman, who spoke forcefully against antisemitism.

6. Tom Fox joins in to shout out to Kerrville City Councilperson Brenda Hughes, who defended the City of Kerrville’s Butt-Holdsworth Memorial Library’s right to have books on LGBTQ+ issues.

The members of Everything Compliance are:

•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

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

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Daily Compliance News

September 24, 2022 the Boeing Pays Yet Again Edition

In today’s edition of Daily Compliance News:

  • Ex-Chinese Justice Minister arrested for corruption. (BBC)
  • PCAOB puts a year-end deadline on Chinese auditing companies. (Law360)
  • Boeing pays $200MM to settle SEC claims. (NYT)
  • The Celtics coach was suspended. (WSJ)
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From the Editor's Desk

August and September 2022 in Compliance Week

Welcome to From the Editor’s Desk, a podcast where co-hosts Tom Fox and Kyle Brasseur, EIC at Compliance Week, unpack some of the top stories which have appeared in Compliance Week over the past month, look at top compliance stories upcoming for the next month, talk some sports and generally try to solve the world’s problems.

In this month’s episode, we look back at top stories in CW from August around the first CCPA enforcement action, the PCAOB deal with China on audits of Chinese companies listed on the NYSE, and potential bank fines for ephemeral messaging apps. We previewed some upcoming CW events, including the ESG virtual event, CW 2022 in Europe, which will be held in Scotland, and the virtual 3rd Party Risk conference, scheduled for December.

We conclude with a look at some of the top sports stories, including a look at the Deshaun Watson resolution and debate whether it could have been handled any worse by the NFL and Browns; Tom Brady leaves the Bucs for 10 days during the preseason; and what does this mean for the regular season? Ichiro and what is greatness?

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Daily Compliance News

July 30, 2022 the Bend Every Rule edition

In today’s edition of Daily Compliance News:

  • Why Rotterdam balked. (NYT)
  • No deal, no audit. (Reuters)
  • Lawsuit over SEC whistleblower award. (WSJ)
  • Debt markets must pay attention to corruption. (FT)