Summary: Podcast featuring the top Compliance and Ethics thought leaders from around the globe. The Society of Corporate Compliance and Ethics and the Health Care Compliance Association will keep you up to date on enforcement trends, current events, and best practices in the compliance and ethics arena. To submit ideas and questions, please email: firstname.lastname@example.org
By Adam Turteltaub email@example.com Each year countries lose billions to corruption, fraud and other compliance failures. When it comes to stemming this problem, helplines are crucial. In fact, a study by the Association of Certified Fraud Examiners found that 50% of corruption cases were found through tips from employees. The challenge for helplines is that there is often an assumption that the calls will come in through a landline. For much of the world, though, that’s not the case. Employees are more likely to have mobiles, and that toll-free number isn’t toll-free. Worse, problems often arise in developing countries where English or other European languages may not be widely spoken. If your helpline provider doesn’t have a native speaker on premises, it can lead to long delays and awkward three-way calls with a translator. Paula Davis of Waypoint GRC encourages compliance officers to begin rethinking how they put their helplines to use and explore alternatives such as apps. She also advises “mystery shopping” the line: making test calls in multiple languages to see how well the helpline provider handles them. Also, she suggests asking the provider for abandoned call rates, to see if people are staying on the line. Listen in to get ideas for how you can improve your helpline’s effectiveness.
By Adam Turteltaub firstname.lastname@example.org The 2019 European Compliance and Ethics Institute began with a riveting address by Drago Kos, Chair of the OECD Working Group on Bribery. The OECD has played an enormous role in the anti-corruption efforts, setting standards that countries commit to, and holding them to public account if they fail to meet their obligations. After his talk, he took the time to record a podcast in which he shared some of the key points covered in his longer keynote address. These include: * Only half of the OECD members have been active in anti-corruption enforcement, but there has been an increase * Rising nationalism has come with increased indifference to international standards and efforts, including the fight against corruption globally and domestically * High trust, he believes, leads to less corruption: to fight corruption you must first build trust * The OECD is working on revisions to its 2009 recommendations for combatting bribery, and this will include a public comment opportunity * The latest series of country reports shows some progress but also serious deficiencies Listen in for his insights, concerns, and warnings.
By Adam Turteltaub email@example.com A few months ago the threat of ransomware – and some actual cases – was sending chills of fear through hospitals, municipalities and the business community. Since then reported ransomware incidents have decreased substantially, but that doesn’t mean the threat is gone completely, warns John Riggi, the Senior Advisor for Cybersecurity and Risk for the American Hospital Association and a veteran of the FBI. In fact, he explains in this podcast, it remains a real risk, but just one of many risks out there. Supply-chain related attacks remain an issue, for example. Remember when the Target system was infiltrated by hackers who came in through the HVAC provider’s connection to Target’s system? That is still a potential problem, even extending to medical devices plugged into networks at healthcare providers. Another threat to watch out for: business email compromises, in which a cyber adversary impersonates an individual with payment authority in the organization. He or she then sends instructions to an employee to wire funds, ostensibly to a vendor, but in reality to the criminal. So how do we help prevent these issues? According to John training is critical. Employees need to know what to watch for and, in the case of payments, know when to stop and call someone to confirm the instructions. Likewise, employees need to better understand the risks posed by lost files, flash drives and laptops. But, in the healthcare arena, most importantly they need to understand that patient care also means caring for patient data. Listen in to learn more.
By Adam Turteltaub firstname.lastname@example.org Tomell Ceasar has spent the last 10 years working in compliance and governance roles in Dubai, both for local and multinational companies. In that time he’s seen a lot of change in compliance programs. For one, he notes in this Compliance Perspectives podcast, the job used to be a lot lonelier. Until about five or six years ago there weren’t many other compliance professionals. Since then the compliance profession, and compliance programs, have grown dramatically in the region, and with it has come a change in corporate cultures. Gift giving and lavish entertainment, for example, have been reined in as part of an effort to meet international norms. And compliance programs are the norm, rather than the exception. Listen in as he explains how the transformation is continuing to unfold, the cultural issues that still exist, and the ongoing importance of training in the region.
By Adam Turteltaub email@example.com By Adam Turteltaub A merger or acquisition is an expensive proposition for an organization and one that is rich in both business and compliance risks. That’s particularly true for the healthcare industry, with its substantial regulatory burden and constant change. Shirley Qual and Andrea Ekeberg at UnitedHealthcare will be sharing their expertise on M&A compliance risk at the 2019 HCCA Compliance Institute. In this podcast they explain that successful compliance risk management begins with getting a seat at the table and persuading the business team that compliance can bring value to the conversation. Specifically, we can help them to prioritize and identify risks before the deal closes. Once the deal is done, it’s time for compliance to go back to the seven elements of a compliance program and assess whether they are present at the acquired entity. Also, it’s essential to find out if they have a risk assessment, and what it says. Then, Shirley and Andrea suggest, look into past enforcement actions and how the entity has responded. Listen in to learn more about how to manage the compliance role during a merger or acquisition. And don’t miss them at the 2019 Compliance Institute.
By Adam Turteltaub firstname.lastname@example.org With a constant stream of enforcement actions related to the US Foreign Corrupt Practices Act (FCPA), it can be difficult to read the tea leaves and discern the patterns. Laura Perkins of Hughes Hubbard & Reed is co-author of the firm’s Annual FCPA & Anti-Bribery Alert, which gives her perspective on what all those individual cases are pointing to. In this episode of the Compliance Perspectives Podcast she reports that the biggest trend in 2018 was the growth in international enforcement and cooperation in anti-bribery laws. More and more it’s not just the US Department of Justice (DOJ) or the UK Serious Fraud Office prosecuting on its own. Enforcement authorities from across multiple jurisdictions are working together. A second trend is a significant increase in individual enforcement actions. The DOJ seems to have made good on its word to focus on the people, not just the companies they work for. Listen in as she discusses these trends, the pace of prosecutions, the state of the DOJ’s Pilot Program, and how GDPR is affecting internal investigations.
By Adam Turteltaub email@example.com Sydney Finkelstein is the Steven Roth Professor of Management at the Tuck School of Business at Dartmouth. In addition, he is the author of 20 books, including Why Smart Executives Fail, Think Again and SUPERBOSSES: How Exceptional Leaders Master the Flow of Talent. And, if that wasn’t enough, he is the host of his own podcast series: SydCast. He took some time to sit down for the Compliance Perspective Podcast to share some deep and actionable insights. In our conversation we discuss: * The common causes of business and compliance failures, both start with human frailty * How to overcome the natural resistance to limits being set * Developing talent on your compliance team: think like a teacher * Building a compliance department that will survive your departure * What to expect from the next generation of business school grads. Relax, it’s good news. Listen in to gain these and other insights from a top business school professor.
By Adam Turteltaub firstname.lastname@example.org No one wants to work under a Corporate Integrity Agreement (CIA), but there are lots of good lessons that can be learned from them. Laura Ellis, Senior Counsel in the Office of Special Counsel to the Inspector General at HHS, and Michael Lampert, a partner in the Boston office of Ropes & Gray will be addressing CIAs in their session at the 2019 Compliance Institute in Boston. In this podcast they reveal some of the insights they will be sharing at the conference. They focus on three elements now found in all CIAs: * Board members are required to pass a resolution finding that their compliance program is effective and in compliance with the corporate integrity agreement provisions. * Senior managers must sign an annual certification that they have been trained on compliance, are aware of the compliance program, have operated their department in a compliant manner, and are not aware of any improper behavior. * The company undergo an annual compliance risk assessment. These elements are designed to ensure that compliance cascades through the organization and that the compliance program remains dynamic and aligned with key risks for healthcare providers. Listen in to learn more about the OIG’s office’s approach, and then join them at the 2019 Compliance Institute.
By Adam Turteltaub email@example.com For a long time corporate internal investigations in Asia tended to be anti-corruption related, reports Robert Hunt, a partner in the Hong Kong office of the law firm Herbert Smith Freehills. These days, though, while bribery is still an area of great concern, other issues have started to gain more of the spotlight. Of particulate note, he relates in this podcast, are sales and revenue fraud, money laundering, and sanctions. But whatever the risk area, there are multiple factors that compliance professionals need to consider when conducting investigations in Asia. Data privacy is a growing concern, as many Asian countries either enact new or strengthen existing privacy laws in the wake of GDPR. Adding to the complexity, the Bring Your Own Device (BYOD) phenomenon has made it harder to access employee communications. No longer are all electronic communications backed up on the server, with workers increasingly using WeChat and WhatsApp to communicate. It’s not just employee communications that may be an issue. Internal communications with the legal team are a risk area of their own. Privilege laws vary greatly when conducting an investigation, something to be considered when generating or collecting documents. And, when interviewing suspects and witnesses, it’s essential to remain aware of and sensitive to the language and cultural issues. Even an executive who speaks English regularly may prefer using the local language when in a high-stress interview. In sum, before you leap into an investigation it’s essential to look and to listen to this Compliance Perspectives Podcast.
By Adam Turteltaub firstname.lastname@example.org Culture is always discussed as critically important to successful compliance and ethics programs, but what is it exactly? “Culture is what happens when an individual’s behaviors meet an organization’s,” according to Jane Mitchell, the founder and director of JL&M, a consultancy. In this podcast, Jane, a frequent speaker at SCCE international programs, offers a deep and sometimes provocative perspective on what culture is, what makes for a healthy culture and how to manage culture. Listen in as she discusses: * The key dimensions of corporate culture * The question of whether the organization is supporting the behaviors it says it wants * The interplay between a compliant culture and an ethical one * How to encourage “speak up” behavior * Organizational justice * How to use employee data effectively * The role of the CEO and leadership in shaping culture
By Adam Turteltaub email@example.com The UK Modern Slavery Act has been law for some time now, requiring companies doing substantial business in the United Kingdom to disclose what they are doing to combat modern slavery, and to post a disclosure statement on their website. As Andre Bywater of Cordery Compliance reports in the Compliance Perspectives Podcast, the UK Government’s first annual report on the Act was disappointing. It found that modern slavery is on the increase, and compliance with the law was disappointing, with many companies not making the necessary disclosures. In response, the government issued letters to over 17,000 CEOs, Andre reports, informing them that their firms were non-compliant. The government will also be publishing a list of non-compliant companies. Listen in as Andre explains what the Act requires, what is likely to come next legislatively, and warning signs of forced labor for your staff to look for.
By Adam Turteltaub firstname.lastname@example.org Is it a few bad apples? A whole barrel full of them? Or is it the barrel that’s the problem, and not the apples? It’s a long-debated topic in ethics and compliance, and Jonathan Rusch, Principal of DTG Risk & Compliance LLC, argues that there is much that can be answered in a growing body of behavioral science. His interest in the topic began while serving as a federal prosecutor, where he noticed that many fraud victims were behaving in ways that were unexpected but explainable by social scientists. Later, when he became an in-house compliance officer, he found this same research was useful at uncovering the mental shortcuts and other mistakes that led to bad behaviors. These included: * The bystander effect, in which an individual sees something that seems wrong, but with no one else saying speaking up, the individual assumes that maybe he or she was the one who was wrong * Context confusion, a problem in which a person assumes the other side of the deal is thinking along similar lines with shared goals when, in fact, that person has very different and potentially illegal objectives * Ethical fading, in which ethics issues start being redefined as simply business concerns Listen in to the discussion, and start exploring how behavioral science might change the way you approach compliance and ethics challenges.
By Adam Turteltaub email@example.com It’s important for compliance to have a seat at the table when a business makes big decisions. On a practical level, it means compliance can help the business team understand the risks and respond to them appropriately. On a symbolic level, it’s a sign that compliance is integrated into the organization’s operations. But earning that seat, and keeping it, can be difficult. Mike Morgan, Partner at Corsica Partners, knows this well form his years in global ethics and compliance roles. Experience has shown him that what matters isn’t just whether compliance is at the table, but what kind of influence has. In this Compliance Perspectives podcast he identifies essential components to having influence: * Having metrics. Every other part of the organization is talking in metrics, and without them, compliance can seem less relevant. * Concern for the business. Business needs to feel that compliance cares as much about the business and how it functions as the rest of the organization, but that doesn’t mean compliance shouldn’t give up its distance. * Knowing your team, resources and self. A strong sense of your assets is essential. * Knowledge of people. That includes embracing diversity, understanding human behavior, learning the challenges groups like sales face, and leveraging personality assessments and related tools embraced by your organization. Listen in to learn more about how to get and stay at the table, and also when it’s time to push your chair back and start walking around the office, too.
By Adam Turteltaub firstname.lastname@example.org Sometimes the compliance department isn’t so much of a department. It may be just one person responsible for the program, and he or she may be wearing other hats as well. That’s the case for Jane Brown, Chief Compliance Officer and Director of Business Operations for THD America. When stepping into a solo role, the first thing she advises doing is conducting a thorough risk assessment and assessing the current program to get an inventory of the policies and procedures you have and the gaps you need to fill. Then it’s time to start on your remediation plan. Once you get started, she points out in this podcast, be prepared for both unique challenges and some surprising assets. In a smaller organization you’re not as likely to have as many resources, including something as fundamental as an audit function. However, you’re likely to benefit from being on a first-name basis with every key leader, greater nimbleness, and an ability to act quickly. You’re probably also in an environment where it is easier to ask to borrow staff from other departments for projects, but just watch out for any potential conflicts of interest that staff member may have. Listen in as she discusses how to gain management support, gain resources, manage your time, and get the feedback you need.
By Adam Turteltaub email@example.com Robin Singh isn’t that much different from most healthcare compliance professionals. He works for a healthy system with 12 hospitals, 20,000 employees and over 60 clinics. What’s different, at least for most of the readers and podcasts listeners, is he does all this Abu Dhabi. Although the healthcare system in the United Arab Emirates is far different than the one in the US, compliance officers are still needed and appreciated. They also face a number of challenges. His advice for navigating compliance issues in the Gulf Cooperation Council region includes: * Recognize that risks are country-specific, but there are many commonalities * Be aware of the political situation: the countries are stable, but they are also young and the regulatory environment is still developing * Watch the microeconomic factors that can have a macro effect, specifically oil & gas price volatility * Accept the cultural nuances, including that the optics of how you do things: reputation and honor are very important. * Conflicts of interest are an ongoing issue because of the gift-giving culture. Listen in to learn more about navigating compliance risks in the Gulf.