Tag: proactive monitoring

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31 Days to More Effective Compliance Programs

Proactive monitoring for continuous improvement


There are multiple areas in the DOJ’s 2019 Guidance which intersect with the area of continuous improvement. They include the following:
 Prior Indications – Were there prior opportunities to detect the misconduct in question, such as audit reports identifying relevant control failures or allegations, complaints, or investigations?  What is the company’s analysis of why such opportunities were missed? 
Remediation – What specific changes has the company made to reduce the risk that the same or similar issues will not occur in the future?  What specific remediation has addressed the issues identified in the root cause and missed opportunity analysis? 
This ties to the 2012 FCPA Guidance, which made clear that compliance audits, with actionable remediation plans, are a key component of any effective compliance program. Another way to do achieve these multiple and intersecting goals is through proactive monitoring. Proactive monitoring is an excellent technique through which a company can engage in continuous improvement. Nonetheless, it has many other benefits including regulatory and evidence in a criminal investigation if needed under anti-corruption laws such as the FCPA. The bottom line is that all those scenarios might justify a company to engage a proactive monitorship to come in and do a complete ethics.
 Three key takeaways:

  1. A proactive monitorship can be reactive proactivity to look at a specific issue…
  2. …or used to test a compliance program…
  3. …or used in a variety of legal and business manners.
Categories
This Week in FCPA

This Week in FCPA-Episode 156 – the Farewell to May edition

As the lads wish a fond farewell to May, enjoy the Astros still leading the MLB with the best record and looking forward to the start of summer, they return to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Dave Lefort’s Top 10 takeaways from Compliance Week 2019. (sub req’d) Tom, Mary Shirley, Lisa Fine and Amii Bernard-Bahn provide their reflections on a cross-posted podcast.
  2. Why ethics matters at the top.
  3. Can UNCAC help Mozambique recover funds stolen through corruption? Rick Messick explores.
  4. What is cooperation and remediation? Matt Kelly explores.
  5. Why is pre-acquistion DD from the compliance perspective now critical in France? Antoine F. Kirry, Frederick T. Davis, and Alexandre Bisch discuss.
  6. How much does a monitorship cost? Jay continues his multipart series on monitorships .
  7. How do you audit your investigative protocol? Mike Volkov explains in a 3-part series on his blog site Corruption, Crime and Compliance.
  8. Why is visibility key for compliance? Elsa Chan explores.
  9. CITGO now part of PdVSA/Venezuelan corruption scandal. Dick Cassin reports. Marissa Luck.
  10. Is there a legal duty to set the right ‘tone at the top?”
  11. This week Tom had a special 5-part podcast series sponsored by Hanzo on using AI and data analytics in compliance investigations. Check out the following: Part 1-Current State of Investigations; Part 2-Using AI and Web-Based Evidence; Part 3– Overcoming Investigative Challenges; Part 4-Improving Investigative Efficiencies; Part 5-Where are investigations headed? The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Networkjoins C-Suite Radio.
  12. Join Tom in Boston for industry leading Compliance Master Class at the offices on AMI on June 11 & 12. Listeners who attend will receive a complimentary copy of The Compliance Handbook. Registration and Information is here. Join Tom, Eric Feldman, Vin DiCianni and Jay at the AMI Roundtable in Boston on June 13 for a deep dive into the DOJ’s new Evaluation of Corporate Compliance Programs-2019 Guidance. Information and registration is here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 5, In Non-Profits and Varsity Blues

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I have been joined by AMI Managing Director Stern. We have considered how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this concluding episode, we look at a third-party independent in non-profit setting and how it could help universities survive Varsity Blues. Find out more about Affiliated Monitors Inc. by checking out their website here.

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FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 4, In the Health Care Industry

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this fourth episode, we look at a third-party independent in the health care setting. Join us in our concluding episode in which we consider working with independent third-party monitor in the non-profit setting and the Varsity Blues scandal. Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 3, Case Studies of Working with 3rd Party Independents

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this third episode, we look at some case studies. Case studies are something every lawyer and compliance practitioner responds to because it presents real facts and events that the corporate compliance discipline can learn from and hopefully incorporate these lessons learned into their organizations. Join us in our next episode in which we consider working with independent third-party monitor in the health care setting.Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 2, The Nuts and Bolts

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this second episode, take a deep dive into the nuts and bolts of defense counsel working with a third-part independent monitor. Join us in our next episode in which we consider case studies where an independent third-party monitor was used successfully by defense counsel. Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 1, Introduction

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this first episode, we introduce the concept of defense counsel working with independent monitors. Join us in our next episode where we dive into the weeds by looking at the nuts and bolts of working with a third-party independent monitor. Find out more about Affiliated Monitors Inc. by checking out their website here.