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31 episodes with hui chen
31 episodes with hui chen
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Wednesday March 12, 2025 Hui Chen on Corporate Monitors by Russell Mokhiber
Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection—they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the award-winning Compliance Podcast Network. Ronnie's company, Learnings and Entertainment, utilizes the entertainment devices people use to consume information in their everyday, non-work lives and apply it to important topics around compliance and ethics. It is not only about being funny. It is about changing the tone of your compliance communications and messaging to make your compliance program, policies, and resources more accessible. In this episode of Creativity and Compliance, Tom Fox and Ronnie Feldman take up the challenge handed down by Hui Chen in light of the administration's suspension of FCPA enforcement to up their compliance game. Ronnie begins by advocating for a transformation in compliance training, suggesting a shift from traditional e-learning methods to engaging communication campaigns emphasizing a Speak Up Culture and seamlessly integrating compliance into daily business operations. He believes that by using short, entertaining formats and training leaders to present content playfully, compliance can become more interesting and effective, positioning compliance professionals as valuable assets through proactive engagement and collaboration. Tom underscores the importance of compliance professionals being approachable and communicative, serving as problem solvers who collaborate with business units to achieve unexpected, beneficial outcomes. Both experts agree that by humanizing the compliance function and focusing on values and behaviors, compliance professionals can enhance their programs and contribute significantly to organizational success. Key highlights: Engaging Communication Campaigns for Compliance Training Strategic Communication for Compliance Professionals Cultivating Proactive Compliance Culture through Training Programs Strategic Engagement for Compliance Professionals Resources: Ronnie Ronnie Feldman (LinkedIn) Learnings & Entertainments (LinkedIn) Ronnie Feldman (Twitter) Learnings & Entertainments (Website) Compliance Confessions – inspired by “Mean Tweets” these 90-second commercials address misconceptions and excuses to promote speak up culture and the E&C team as positive and helpful. E&C Training Jams – a soulful singer banters with ethics & compliance explaining policies, sharing examples and debunking excuses. Tales from the Hotline – Real speak up-themed stories about workplace behavior gone wrong. Workplace Tonight Show! – E&C meets SNL Weekend Update explaining corporate risk topics and why employees should care. 60-Second Communication & Awareness Shorts – A variety of short, customizable, music and multimedia, quick-hitter “commercials” promoting integrity, compliance, speaking up and the E&C team as helpful advisors and coaches. Custom Live & Digital Programing – Custom creative programming that balances the seriousness of the subject matter with a more engaging delivery. After all, you can't bore people into learning. Tom Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here. Creativity and Compliance was recently honored as one of the Top 35 Podcasts on Creativity by Feedspot. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 in 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. Top stories include: Buyer's remorse in Minnesota. (WSJ) Hui Chen weighs in on Bondi Memo. (Law360) sub req'd Ethics programs are more than simply compliance. (Forbes) A green light for corruption. (FT) For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the FCPA Survival Guide on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Monday December 16, 2024 Hui Chen: Monitor System is Broken
For some, the thought of analyzing data for compliance purposes can be overwhelming, or overly focused on monitoring employees. But what if we approached analytics with curiosity and empathy? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined by Tara Palesh, who leads compliance analytics at Pfizer. With a background in engineering and strategy consulting, Tara views her team's role as helping compliance colleagues to do their jobs in a better, more focused way. Specifically, she talks about how data analysts can scale up and score data to find and address organizational risk. For companies at the beginning of their data journey, Tara offers thoughts on where to start, as well as the potential of generative AI to transform the compliance space.
For some, the thought of analyzing data for compliance purposes can be overwhelming, or overly focused on monitoring employees. But what if we approached analytics with curiosity and empathy? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined by Tara Palesh, who leads compliance analytics at Pfizer. With a background in engineering and strategy consulting, Tara views her team's role as helping compliance colleagues to do their jobs in a better, more focused way. Specifically, she talks about how data analysts can scale up and score data to find and address organizational risk. For companies at the beginning of their data journey, Tara offers thoughts on where to start, as well as the potential of generative AI to transform the compliance space.
In today's business world, we're increasingly being asked to make sense of data. But how do we turn numbers into meaningful insights about a company's risks, culture, and compliance? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined for a second time by R&G Insights Lab's very own David Yanofsky to go deeper into the world of data storytelling. With a background in data journalism, David talks about how data can be used to tell multiple stories and why context is key to making them meaningful. The three explore various data concepts, such as correlation, causation, magnitude, distribution and flow. Even if you're not a numbers person, you'll walk away with a more sophisticated understanding of how data can be useful to help understand and navigate your organization.
In today's business world, we're increasingly being asked to make sense of data. But how do we turn numbers into meaningful insights about a company's risks, culture, and compliance? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined for a second time by R&G Insights Lab's very own David Yanofsky to go deeper into the world of data storytelling. With a background in data journalism, David talks about how data can be used to tell multiple stories and why context is key to making them meaningful. The three explore various data concepts, such as correlation, causation, magnitude, distribution and flow. Even if you're not a numbers person, you'll walk away with a more sophisticated understanding of how data can be useful to help understand and navigate your organization.
Conversations about personal faith can be uncomfortable, especially at work. But in the compliance space, could one's faith be a motivating factor in decision-making? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined by fellow compliance professional Zara Merchant for a candid conversation about the role of faith in their personal lives and how it shapes their professional conduct. They also explore the intersection of faith and business ethics, the balance between rules-based and values-based compliance, and the role of faith in shaping their moral compass.
Conversations about personal faith can be uncomfortable, especially at work. But in the compliance space, could one's faith be a motivating factor in decision-making? On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen are joined by fellow compliance professional Zara Merchant for a candid conversation about the role of faith in their personal lives and how it shapes their professional conduct. They also explore the intersection of faith and business ethics, the balance between rules-based and values-based compliance, and the role of faith in shaping their moral compass.
Despite the role lawyers play in compliance, only one law school clinic in the United States focuses exclusively on this area. On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen catch up with Ropes & Gray alum Danielle Pelfrey Duryea, founding director of the Compliance Policy Clinic at Boston University School of Law. Danielle discusses the clinic's unique client-centric and experiential approach, which includes real-life client projects and a simulated internal investigation. They also explore the future of compliance education, envisioning collaborations between law schools and other professional programs to collectively address ethical issues with professionals in various industries.
Despite the role lawyers play in compliance, only one law school clinic in the United States focuses exclusively on this area. On this episode of the Better Way? podcast, co-hosts Zach Coseglia and Hui Chen catch up with Ropes & Gray alum Danielle Pelfrey Duryea, founding director of the Compliance Policy Clinic at Boston University School of Law. Danielle discusses the clinic's unique client-centric and experiential approach, which includes real-life client projects and a simulated internal investigation. They also explore the future of compliance education, envisioning collaborations between law schools and other professional programs to collectively address ethical issues with professionals in various industries.
Corporations are increasingly focused on issues related to environmental, social, and governance (ESG) factors. On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia explore the world of environmental crimes with Joe Poux, deputy chief of the Environmental Crimes Section at the U.S. Department of Justice. You will be fascinated to hear that environmental crimes encompass much more than pollution cases: worker safety, wildlife and timber trafficking, and animal welfare are all parts of this world that involves organized crime. You will also hear about international law enforcement collaboration in this area from Joe's work with INTERPOL. It's an episode not to be missed!
Corporations are increasingly focused on issues related to environmental, social, and governance (ESG) factors. On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia explore the world of environmental crimes with Joe Poux, deputy chief of the Environmental Crimes Section at the U.S. Department of Justice. You will be fascinated to hear that environmental crimes encompass much more than pollution cases: worker safety, wildlife and timber trafficking, and animal welfare are all parts of this world that involves organized crime. You will also hear about international law enforcement collaboration in this area from Joe's work with INTERPOL. It's an episode not to be missed!
Training is an important part of any compliance program. Rarely, however, do we stop to meaningfully assess the effectiveness of the training. What are people getting out of them? What are the goals of the training and have those goals been achieved? And how can social science research inform how we design and evaluate training? On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia, along with the Lab's behavioral scientist Nitish Upadhyaya, explore ways to reimagine training in order to achieve holistic outcomes for the organization. Along the way, they tackle the challenges of remote training, consider how emerging technology could revolutionize the training landscape, and reflect on how training offers organizations a unique opportunity to listen to employees.
Training is an important part of any compliance program. Rarely, however, do we stop to meaningfully assess the effectiveness of the training. What are people getting out of them? What are the goals of the training and have those goals been achieved? And how can social science research inform how we design and evaluate training? On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia, along with the Lab's behavioral scientist Nitish Upadhyaya, explore ways to reimagine training in order to achieve holistic outcomes for the organization. Along the way, they tackle the challenges of remote training, consider how emerging technology could revolutionize the training landscape, and reflect on how training offers organizations a unique opportunity to listen to employees.
It's a common phrase in the compliance world: “do the right thing.” But what is “the right thing?” Are there risks to moralizing organizational decision-making? And what happens when two seemingly “right” actions are—or may be—in conflict? On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia, along with the Lab's Dr. Caitlin Handron, explore how culture, context, and individual perspectives impact our understanding of what it means to “do the right thing.”
It's a common phrase in the compliance world: “do the right thing.” But what is “the right thing?” Are there risks to moralizing organizational decision-making? And what happens when two seemingly “right” actions are—or may be—in conflict? On this episode of the Better Way? podcast, co-hosts Hui Chen and Zach Coseglia, along with the Lab's Dr. Caitlin Handron, explore how culture, context, and individual perspectives impact our understanding of what it means to “do the right thing.”
Better Way? co-hosts Zach Coseglia and Hui Chen preview some trends for the New Year, from where artificial intelligence (AI) will take us to how data and story-telling may help humans and organizations be more effective. Start the year with some provocative thoughts on technology, data, and culture and the role we can play in using and shaping them.
Better Way? co-hosts Zach Coseglia and Hui Chen preview some trends for the New Year, from where artificial intelligence (AI) will take us to how data and story-telling may help humans and organizations be more effective. Start the year with some provocative thoughts on technology, data, and culture and the role we can play in using and shaping them.
Wrapping up year one of the Better Way? podcast series, co-hosts Hui Chen and Zach Coseglia share their top themes from the year and discuss how these Better Ways inform the work they do to address organizational challenges. From embracing complexity and expertise to exploring empirical evidence and measuring culture, this episode packs the highlights of 2023 that you won't want to miss!
Wrapping up year one of the Better Way? podcast series, co-hosts Hui Chen and Zach Coseglia share their top themes from the year and discuss how these Better Ways inform the work they do to address organizational challenges. From embracing complexity and expertise to exploring empirical evidence and measuring culture, this episode packs the highlights of 2023 that you won't want to miss!
On this episode of There Has to Be a Better Way?, co-hosts Hui Chen and Zach Coseglia go it alone in a one-to-one talk designed specifically for ethics and compliance professionals. In past episodes, guests have hailed the power of storytelling, and this week, Hui and Zach share personal stories—and learnings—from their decades of experience in the world of corporate ethics and compliance. Topics include: earning a seat at the table through relationship-building and diplomacy; why complication and complexity isn't always bad, but a lack of clarity is; and why compliance is, and needs to be recognized as, an area of unique expertise.
On this episode of There Has to Be a Better Way?, co-hosts Hui Chen and Zach Coseglia go it alone in a one-to-one talk designed specifically for ethics and compliance professionals. In past episodes, guests have hailed the power of storytelling, and this week, Hui and Zach share personal stories—and learnings—from their decades of experience in the world of corporate ethics and compliance. Topics include: earning a seat at the table through relationship-building and diplomacy; why complication and complexity isn't always bad, but a lack of clarity is; and why compliance is, and needs to be recognized as, an area of unique expertise.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview Nitish Upadhyaya, director of behavioral insights at R&G Insights Lab. Nitish is a lawyer and behavioral scientist whose research has focused on how humans interact with bots. Based on Nitish's findings, the three discuss how technology might complement human strengths in the ethics and compliance world. They also touch on human-centered design and Nitish's revolutionary way of thinking about effective training programs.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview Nitish Upadhyaya, director of behavioral insights at R&G Insights Lab. Nitish is a lawyer and behavioral scientist whose research has focused on how humans interact with bots. Based on Nitish's findings, the three discuss how technology might complement human strengths in the ethics and compliance world. They also touch on human-centered design and Nitish's revolutionary way of thinking about effective training programs.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen are joined by actor and activist Julia Ormond, founder and president of Asset Campaign, a nonprofit organization working to ensure human rights by driving supply chain transparency and empowering individuals to make informed purchasing, investment and employment decisions. Julia discusses the “aha” moment that inspired her work on human trafficking and outlines a broad strategy for how policies and businesses can begin to support global human rights efforts. She specifically points to measurement and transparency as powerful tools that can be used to change behavior and eradicate trafficking, slavery and forced labor.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen are joined by actor and activist Julia Ormond, founder and president of Asset Campaign, a nonprofit organization working to ensure human rights by driving supply chain transparency and empowering individuals to make informed purchasing, investment and employment decisions. Julia discusses the “aha” moment that inspired her work on human trafficking and outlines a broad strategy for how policies and businesses can begin to support global human rights efforts. She specifically points to measurement and transparency as powerful tools that can be used to change behavior and eradicate trafficking, slavery and forced labor.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen speak with Kevin Espinoza, a former collegiate coach who moved into compliance from sales and marketing. He talks about how this unique perspective has informed his approach to build compliance programs that embed compliance within the business, with compliance professionals focused on the same business goals as their colleagues.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen speak with Kevin Espinoza, a former collegiate coach who moved into compliance from sales and marketing. He talks about how this unique perspective has informed his approach to build compliance programs that embed compliance within the business, with compliance professionals focused on the same business goals as their colleagues.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Dr. Rumman Chowdhury, a pioneer in the field of responsible AI. Currently a Responsible AI Fellow at Harvard, with prior leadership roles at Twitter and Accenture, Rumman has first-hand insight into the real harms of AI, including algorithmic bias. She discusses how data scientists seek to understand these problems, and the importance of trustworthiness in the future of AI development. Having recently testified before Congress about AI governance, she shares her thoughts about building a governance ecosystem where human ingenuity can flourish.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Dr. Rumman Chowdhury, a pioneer in the field of responsible AI. Currently a Responsible AI Fellow at Harvard, with prior leadership roles at Twitter and Accenture, Rumman has first-hand insight into the real harms of AI, including algorithmic bias. She discusses how data scientists seek to understand these problems, and the importance of trustworthiness in the future of AI development. Having recently testified before Congress about AI governance, she shares her thoughts about building a governance ecosystem where human ingenuity can flourish.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen speak with researchers at Indiana University's Kelley School of Business about the value of corporate compliance programs. Compliance can be (inaccurately) perceived as a “cost center” or an “enabling function,” supporting rather than contributing to product development and business strategy. But business law and ethics professors Todd Haugh and Suneal Bedi tested this idea by assessing the role of compliance in value creation. They discuss findings from their recent study, which explores how consumers value compliance—as a unique product feature—using a statistical technique called conjoint analysis.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen speak with researchers at Indiana University's Kelley School of Business about the value of corporate compliance programs. Compliance can be (inaccurately) perceived as a “cost center” or an “enabling function,” supporting rather than contributing to product development and business strategy. But business law and ethics professors Todd Haugh and Suneal Bedi tested this idea by assessing the role of compliance in value creation. They discuss findings from their recent study, which explores how consumers value compliance—as a unique product feature—using a statistical technique called conjoint analysis.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Antoine Ferrère, global head of behavioral and data science in the ethics, risk and compliance department at Novartis. With master's degrees in both management and behavioral science, Antoine discusses how his multidisciplinary team at Novartis applies behavioral and data science at scale to drive ethical behaviors, reduce risks and ensure compliance across all areas of the company. He also discusses the multi-year studies his team has implemented to better understand the role of psychological safety in both speaking up and “listening up.”
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Antoine Ferrère, global head of behavioral and data science in the ethics, risk and compliance department at Novartis. With master's degrees in both management and behavioral science, Antoine discusses how his multidisciplinary team at Novartis applies behavioral and data science at scale to drive ethical behaviors, reduce risks and ensure compliance across all areas of the company. He also discusses the multi-year studies his team has implemented to better understand the role of psychological safety in both speaking up and “listening up.”
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen reflect on the last six months of insights and “better ways” from the podcast. From looking outside of your normal environment for better ways, to leaning into the importance of precision, to thinking like a scientist and drawing on radical creativity, this episode adds new dimensions to key topics with additional perspective and curiosity.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen reflect on the last six months of insights and “better ways” from the podcast. From looking outside of your normal environment for better ways, to leaning into the importance of precision, to thinking like a scientist and drawing on radical creativity, this episode adds new dimensions to key topics with additional perspective and curiosity.
During some of the most divisive times in U.S. history, a small group of Democrats and Republicans defied all odds and learned to work together to get things done. It's an inspiring story of success that you almost never hear about in Congress. On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk with Dr. Marian Currinder, a political scientist and former professional staffer to a bipartisan congressional committee during an extremely partisan time, to learn about how a committee that seemed set up to fail thwarted expectations to pass more than 200 recommendations in four years.
During some of the most divisive times in U.S. history, a small group of Democrats and Republicans defied all odds and learned to work together to get things done. It's an inspiring story of success that you almost never hear about in Congress. On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk with Dr. Marian Currinder, a political scientist and former professional staffer to a bipartisan congressional committee during an extremely partisan time, to learn about how a committee that seemed set up to fail thwarted expectations to pass more than 200 recommendations in four years.
Co-hosts Zach Coseglia and Hui Chen speak with Katy Choo, VP and chief counsel of global investigations at General Electric. Katy is one of the most highly respected figures in corporate internal investigations, and has led a multitude of investigations both as a prosecutor and in-house at GE. On this episode of There Has to Be a Better Way?, Katy shares her “humanizing” approach to investigations and compliance, and the many questions she asks in her search for answers.
Co-hosts Zach Coseglia and Hui Chen speak with Katy Choo, VP and chief counsel of global investigations at General Electric. Katy is one of the most highly respected figures in corporate internal investigations, and has led a multitude of investigations both as a prosecutor and in-house at GE. On this episode of There Has to Be a Better Way?, Katy shares her “humanizing” approach to investigations and compliance, and the many questions she asks in her search for answers.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Patrick McGowan, senior director for global compliance auditing and monitoring at industrial tech innovator Fortive. With a JD, MBA and background in forensic accounting, Patrick discusses how using quantitative methods to analyze seemingly small compliance issues can lead to big human insights.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Patrick McGowan, senior director for global compliance auditing and monitoring at industrial tech innovator Fortive. With a JD, MBA and background in forensic accounting, Patrick discusses how using quantitative methods to analyze seemingly small compliance issues can lead to big human insights.
On this episode of There Has to Be a Better Way?, the second in a two-part series, co-hosts Zach Coseglia and Hui Chen return to their conversation with author and researcher Benjamin van Rooij about the six questions in the book he co-authored with Adam Fine, The Behavioral Code, which can guide organizations and lawmakers in creating a better compliance culture. They also discuss how an organization's toxic culture can be changed and interrogate the oft-cited argument that compliant companies cannot be innovative.
On this episode of There Has to Be a Better Way?, the second in a two-part series, co-hosts Zach Coseglia and Hui Chen return to their conversation with author and researcher Benjamin van Rooij about the six questions in the book he co-authored with Adam Fine, The Behavioral Code, which can guide organizations and lawmakers in creating a better compliance culture. They also discuss how an organization's toxic culture can be changed and interrogate the oft-cited argument that compliant companies cannot be innovative.
On this episode of There Has to Be a Better Way?, the first in a two-part series, co-hosts Zach Coseglia and Hui Chen talk to author and researcher Benjamin van Rooij about why it's dangerous for lawmakers and compliance professionals to rely on their “own intuitions about human misbehavior” when designing laws, rules and compliance programs. They also examine the challenges organizations face when trying to promote ethical behavior. Stay tuned for part two of our conversation, where Professor van Rooij dives into lessons from his award-winning popular book The Behavioral Code, co-authored with Adam Fine.
On this episode of There Has to Be a Better Way?, the first in a two-part series, co-hosts Zach Coseglia and Hui Chen talk to author and researcher Benjamin van Rooij about why it's dangerous for lawmakers and compliance professionals to rely on their “own intuitions about human misbehavior” when designing laws, rules and compliance programs. They also examine the challenges organizations face when trying to promote ethical behavior. Stay tuned for part two of our conversation, where Professor van Rooij dives into lessons from his award-winning popular book The Behavioral Code, co-authored with Adam Fine.
In this final part of a special podcast series unpacking recent DOJ policy updates, There Has to Be a Better Way? hosts Hui Chen and Zach Coseglia check in with Ropes & Gray's global head of e-discovery, Shannon Kirk, to better understand how companies should think about non-email electronic communications. Shannon explains why using more precise language when talking about different forms of communication is important in order to manage them appropriately, and offers some options for meeting DOJ's expectations for preserving data.
In this final part of a special podcast series unpacking recent DOJ policy updates, There Has to Be a Better Way? hosts Hui Chen and Zach Coseglia check in with Ropes & Gray's global head of e-discovery, Shannon Kirk, to better understand how companies should think about non-email electronic communications. Shannon explains why using more precise language when talking about different forms of communication is important in order to manage them appropriately, and offers some options for meeting DOJ's expectations for preserving data.
In this episode of There Has to Be a Better Way?, the second in a three-part podcast series on the DOJ's recent policy announcements, Hui Chen and Zach Coseglia speak with cultural psychologist Dr. Caitlin Handron about both personal experiences and academic research around behavioral incentives. They discuss the complexity in both human and organization behaviors, and advocate for companies to take a nuanced look at their cultures and gather data to find creative ways to incentivize compliance without unintended consequences.
In this episode of There Has to Be a Better Way?, the second in a three-part podcast series on the DOJ's recent policy announcements, Hui Chen and Zach Coseglia speak with cultural psychologist Dr. Caitlin Handron about both personal experiences and academic research around behavioral incentives. They discuss the complexity in both human and organization behaviors, and advocate for companies to take a nuanced look at their cultures and gather data to find creative ways to incentivize compliance without unintended consequences.
In this episode of There Has to Be a Better Way?, the first in a special series of three episodes, Hui Chen and Zach Coseglia discuss the recent policy changes announced by the Department of Justice related to compliance incentives, clawbacks and messaging apps. Hui recounts the origins of the Fraud Section's “Evaluation of Corporate Compliance Programs” and she and Zach question some of the assumptions baked into these policy updates.
In this episode of There Has to Be a Better Way?, the first in a special series of three episodes, Hui Chen and Zach Coseglia discuss the recent policy changes announced by the Department of Justice related to compliance incentives, clawbacks and messaging apps. Hui recounts the origins of the Fraud Section's “Evaluation of Corporate Compliance Programs” and she and Zach question some of the assumptions baked into these policy updates.
In this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview their colleague David Yanofsky, a former award-winning data journalist who joined R&G Insights Lab as manager of data visualization. David shares how he finds stories in data and uses them to help companies achieve their goals and live up to their ideals.
In this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview their colleague David Yanofsky, a former award-winning data journalist who joined R&G Insights Lab as manager of data visualization. David shares how he finds stories in data and uses them to help companies achieve their goals and live up to their ideals.
Co-hosts Zach Coseglia and Hui Chen explore the power of storytelling with Megan Zwiebel, the “untangler of knots” and director of operations and delivery at R&G Insights Lab, who went from working as a litigation attorney to anti-corruption journalist, and now as the person who makes the trains run on time at the Insights Lab. Along the way, she shares insights about uncovering juicy fact patterns in corruption cases, the need for organizations to take narrative control of their identities, and the human beings who read legal briefs.
Co-hosts Zach Coseglia and Hui Chen explore the power of storytelling with Megan Zwiebel, the “untangler of knots” and director of operations and delivery at R&G Insights Lab, who went from working as a litigation attorney to anti-corruption journalist, and now as the person who makes the trains run on time at the Insights Lab. Along the way, she shares insights about uncovering juicy fact patterns in corruption cases, the need for organizations to take narrative control of their identities, and the human beings who read legal briefs.
Co-hosts Zach Coseglia and Hui Chen explore the power of storytelling with Megan Zwiebel, the “untangler of knots” and director of operations and delivery at R&G Insights Lab, who went from working as a litigation attorney to anti-corruption journalist, and now as the person who makes the trains run on time at the Insights Lab. Along the way, she shares insights about uncovering juicy fact patterns in corruption cases, the need for organizations to take narrative control of their identities, and the human beings who read legal briefs.
Co-hosts Zach Coseglia and Hui Chen explore the power of storytelling with Megan Zwiebel, the “untangler of knots” and director of operations and delivery at R&G Insights Lab, who went from working as a litigation attorney to anti-corruption journalist, and now as the person who makes the trains run on time at the Insights Lab. Along the way, she shares insights about uncovering juicy fact patterns in corruption cases, the need for organizations to take narrative control of their identities, and the human beings who read legal briefs.
In this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview their colleague at R&G Insights Lab, Dr. Caitlin Handron, about cultural psychology, her field of study. She discusses how cultural factors influence human behavior and how integrating insights from the social sciences can help companies tackle organizational challenges—from compliance programs to diversity, equity and inclusion—in more effective ways.
In this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen interview their colleague at R&G Insights Lab, Dr. Caitlin Handron, about cultural psychology, her field of study. She discusses how cultural factors influence human behavior and how integrating insights from the social sciences can help companies tackle organizational challenges—from compliance programs to diversity, equity and inclusion—in more effective ways.
Welcome back to There Has to Be a Better Way?, a new podcast series from R&G Insights Lab. In part two of our inaugural episode, Insights Lab founder Zach Coseglia interviews co-host and senior advisor at the Insights Lab Hui Chen about her varied career and why she believes that having a data-driven measurement mindset is a better way to assess compliance programs.
Welcome back to There Has to Be a Better Way?, a new podcast series from R&G Insights Lab. In part two of our inaugural episode, Insights Lab founder Zach Coseglia interviews co-host and senior advisor at the Insights Lab Hui Chen about her varied career and why she believes that having a data-driven measurement mindset is a better way to assess compliance programs.
Welcome to There Has to Be a Better Way?, a new podcast series from R&G Insights Lab. In this first episode, co-host Hui Chen interviews Lab founder Zach Coseglia about his lifelong hunt for better, smarter ways to solve problems and how this podcast will contribute to that search.
Welcome to There Has to Be a Better Way?, a new podcast series from R&G Insights Lab. In this first episode, co-host Hui Chen interviews Lab founder Zach Coseglia about his lifelong hunt for better, smarter ways to solve problems and how this podcast will contribute to that search.
Friday September 2, 2022 Hui Chen on the State of Corporate Compliance
How do we measure the effectiveness of Compliance programs? It sounds like a simple question, but it is actually hard to answer. And it's not just a challenge facing Compliance Officers.If you work in Ethics, Risk or even as a Regulator, you'll recognise the dynamic. You've probably either been asked to demonstrate the effectiveness of your program or had questions asked about your budget or resources. And usually, that's not because they want to give you more.It's equally possible that you might have wondered how good a job you're doing. I know I did when working as a Regulator and as a Compliance Officer.Now, whatever the reason for the question, it's not an easy one to answer. Because part of it involves proving a negative, you can easily show that you've helped make good things happen, but it's much harder to demonstrate that you've stopped bad things. This is why we often turn to input metrics like 'number of hours of training delivered' or the number of times we executed a particular control. That's interesting, but it doesn't tell you how effective the outcome is. Or isn't. Just because someone has been on a course, and done a little exam, doesn't mean the risk the training is designed to mitigate has been reduced. So how can we best do that? That's what my two guests on this episode were interested in. One of them, Professor Benjamin Van Rooij, has been on the show four times — links to his previous appearances are below. The other, Professor Melissa Rorie, is making her debut. Together, they've edited a book called Measuring Compliance: Assessing Corporate Crime and Misconduct Prevention which contains chapters written by several eminent experts. Contributors to the book Todd Haugh, Ricardo Pelafone & Florentin Blanc have also previously been guests on the show. There are links to those episodes below.If you work in a function whose role is to mitigate Human Risk, feel free to substitute the word Compliance for whatever you're responsible for ——–— because it's still relevant — then what Melissa and Benjamin have to say will be of interest. Because if you don't know how to measure the success of what you do, then there's even less chance that anyone else — say someone who sets your budget, someone who is trying to assess the quality of your program or someone who determines your compensation — will be able to.To find out more about the book: https://www.cambridge.org/core/books/measuring-compliance/5C1378AB4F9814D0C41198AEF9A5B6D2For more on Melissa & her research: https://www.unlv.edu/people/melissa-rorie-phdFor more on Benjamin & his research:https://www.uva.nl/en/profile/r/o/b.vanrooij/b.vanrooij.htmlIn our discussion, we talk about:Hui Chen & her work at the DOJ: https://huichenethics.com/about/Ricardo Pellafone & his work at Broadcat: https://www.thebroadcat.com/ricardo-pellafoneFlorentin Blanc & his work at the OECD: https://oecd-events.org/digital-security-for-prosperity/speaker/f46fd492-79c3-eb11-94b3-000d3a219024Rita Faria's book (co-authored with Olga Petintseva & Yarin Eski) called Interviewing Elites, Experts and the Powerful in Criminology https://link.springer.com/book/10.1007/978-3-030-33000-2The research on signing at the top of documents to encourage honesty https://www.wired.com/2012/08/signature-honesty/ & the recent findings that it failed to replicate: https://www.pnas.org/doi/10.1073/pnas.1911695117The story of Abraham Wald: https://www.rigb.org/explore-science/explore/blog/how-not-be-wrong#:Professor JS Nelson on Workplace Surveillance https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3504408Previous episodes featuring contributors to the bookBenjamin Van Rooij on COVID Compliance - https://www.humanriskpodcast.com/professor-benjamin-van-rooij-on-1/ Benjamin on The Behavioural Code - https://www.humanriskpodcast.com/professor-benjamin-van-rooij-on/Benajmiong & Dany Sokol on Compliance 2.0 - https://www.humanriskpodcast.com/professors-benjamin-van-rooij/Ricardo Pellafone on Behavioural Design in Compliance - https://www.humanriskpodcast.com/ricardo-pellafone-on-why-compliance/Ricardo Pellafone on the challenges facing Risk & Compliance under COVID - https://www.humanriskpodcast.com/ricardo-pellafone-on-the-challenges/Florentin Blanc on Regulatory Responses to COVID 19https://www.humanriskpodcast.com/florentin-blanc-on-regulatory-responses/Dr Todd Haugh on Behavioural Aspects of Ethics & Compliance https://www.humanriskpodcast.com/dr-todd-haugh-on-the/
Aujourd’hui, la directrice du lycée Zhong Zheng de Taipei, Chiang Hui-chen (江惠真), nous présente comment elle a développé le programme de l’International Foundation Year (IFY) qui propose un programme de cours internationaux, faisant de son établissemement le pionnier de cette formation éducative internationale à Taïwan qui garantit aux élèves une place assurée dans une Université de renom à l’étranger. En effet, tous les lycéens inscrits aux cours IFY et qui réussissent leur année ont une place assurée dans une de ces universités avec un panel au choix de pas moins d’un millier de licences universitaires possible, selon l’orientation désirée et les notes obtenues. Détails sur ce cursus pionnier à l’heure où Taïwan veut devenir un pays bilingue à l’horizon 2030.
Hui Chen, an internationally renowned leader in ethics and compliance, discusses the "uncomfortable" position that emerging market small- and medium-sized enterprises (SMEs) occupy with respect to global integrity and anti-corruption standards. Drawing on Chen's decades of experience driving compliance and ethics changes in the private and public sector, including her service as the first-ever Compliance Counsel Expert at the United States Department of Justice, Chen discusses the impossible situation many SMEs are in when they are told to follow complex compliance guidelines designed for large multi-nationals, while at the same time facing systematically corrupt environments in their home countries that most have little power to change. Listen now on the latest episode of the CIPE Anti-Corruption & Governance Center podcast to hear more about what current anti-corruption implementation tends to look like among emerging market SMEs, how current practices may be making things worse, and what hard questions must be asked in order to start making things better. Chen is joined by hosts Lola Adekanye, CIPE's anti-corruption lead in Africa, and Ekaterina Lysova, CIPE Senior Program Officer for Europe and Eurasia.
As our thoughts turn towards Memorial Day and what it represents, we contemplate James Bond streaming on Amazon. Jay is now podcasting from a disclosed location, as he and Tom take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Shaken Not Stirred edition. Stories Big corruption trial and great lawyer gossip going on in London, as ENRC sues former lawyer and SFO. Check out these reports in Rueters, here, here and here. Revisiting the FCPA Top 10. Harry Cassin in the FCPA Blog. GDPR turns 3. Neil Hodge reflects in Complinace Week. (sub req’d) Tom and Jonathan Armstrong podcast on Life with GDPR. More anti-trust troubling the world of chicken prodcuers. Mike Volkov in Corruption, Crime and Compliance. What is the intersection of ESG and Compliance. Tom explores the role of compliance here and here. Matt Kelly weighs in on the SEC comments in Radical Compliance. How to lessen extortionware attacks. Rob Shavell in CCI. DFS fines two companies for data breachs. Paul Weiss lawyers in NYU’s Compliance and Enforcement Blog. Internal reporting is down. What does it portend? Andrew Burt in Navex Global’s Ethics Matters. Caremark Developments and the Imperative of Regular Risk Review. William Savittin the Havard Law School Forum on Corporate Governance. What is Bizzaro Malware? Jonathan Rusch explains in Dipping Through Geometries. Podcasts and Events In this episode of The Compliance Handbook, Tom has a great discussion with Hui Chen about her thoughts on the evolution of compliance. Compliance Man Returns with a New Season: True or False? Tom and emerging market compliance special Tim Khasanov-Batirov are back with a new 10-episode season. In Episode 1, they explore how whistleblowers are received in emerging markets. Can’t get out of your Ivory Tower, the check out Compliance Man to learn about compliance in emerging markets. The season’s episodes will post at 7AM over the next few months. Part 1 . Trekking Through Compliance Returns! Tom reviews all 79 episodes of Star Trek, the Original Series beginning June 1. Each day at 3 PM CT on the Compliance Podcast Network. Join K2 Integrity 9 June 2021 to hear a team of experts discuss the benefits of taking a holistic and programmatic approach to preventing, detecting, responding to, and remediating insider threats. Learn more and register here. Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions. Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this special episode, Compliance Evangelist Thomas Fox sits in an engaging and value-packed discussion with Hui Chen, former compliance consultant to the U.S. Department of Justice's Fraud Section and now chief integrity officer for the Hawaii Attorney General's office. KEY TAKEAWAYS: ✔️ Hui advocates the need for a very interdisciplinary approach to compliance. Practitioners should become open to learning about social sciences and quantitative and qualitative studies, scientific methods, understanding how research is done, evaluating research outcomes, and evaluating the application of research. ✔️ Realize that people don't govern their daily lives by reading the codes and the regulations but with processes and behaviors, and that's what should be focused on by using a behavioral-based approach. Give the organization reason, opportunities, or motivations to NOT engage in the behavior you don't want them to do. ✔️ What differentiates compliance officers is their knowledge and familiarity with the business. It is required to be versatile in understanding every function in the organization and working with them. Compliance professionals need to develop those skill sets to appreciate and understand and measure and be part of what the business does in all of those aspects. ✔️ How do we measure that outcome? By going back to define what you are doing this for, if you do it successfully, what success looks like, and try to find measurements for that, that is important because that goes to whether we have all been wasting our time not with the compliance programs. Hui is an internationally renowned leader in ethics and compliance. She regularly consults with companies as well as regulatory and enforcement authorities around the world, advising them on the design, implementation, and assessment of ethics & compliance programs. Hui is also a thought leader who collaborates with leading academic researchers and publishes regularly in business and academic journals. Chen did this interview entirely in her personal capacity and nothing she said should be attributed to her office. Connect with Hui Chen Website: www.HuiChenEthics.com Twitter @HuiChenEthics ____________________________________________________________________ About Thomas Fox: Thomas Fox, the Compliance Evangelist®, is one of the leading writers, thinkers, and commentators on anti-bribery and anti-corruption compliance. In this latest edition of The Compliance Handbook, he continues to arm seasoned compliance professionals and those new to the realm with the practical, actionable guidance and tools needed to design, create, implement and continually enhance a best practices compliance program. The "Nuts and Bolts" for Creating a Comprehensive Compliance Plan This chapter of this unique work lays out a succinct yet thorough one month approach to operationalizing a company's compliance regimen. Beginning with a section on what 2020 brought to the compliance landscape, each chapter methodically outlines best practices for everything from establishing policies, procedures, and internal controls, to assessing risk, training, handling investigations, and more. Each day ends with three key takeaways you can implement at little or no cost. Understanding Compliance Responsibility Across the Organization The Compliance Handbook also takes a close look at all professionals' roles with compliance responsibility, from Compliance Officers and Boards of Directors to Human Resources, to Internal Audit and Internal Controls and Communications and Training professionals. Order your copy OR copies of The Compliance Handbook: A Guide to Operationalizing Your Compliance Program. Save 25% off. http://www.lexisnexis.com/fox25
Hui Chen is an internationally renowned leader in ethics and compliance who regularly consults with companies, and regulatory and enforcement authorities around the world, advising them on the design, implementation, and assessment of ethics and compliance programs. In addition to her work at Hui Chen Ethics, she serves as the chief integrity adviser to the attorney general for the state of Hawaii. As the first-ever compliance counsel expert at the U.S. Department of Justice, Chen was the exclusive consultant to the federal prosecutors in the fraud section, evaluating corporate ethics and compliance programs in areas such as anti-fraud, anti-bribery, healthcare, quality control, manipulation of financial markets, process safety, and environmental protection. Prior to joining the DOJ, Chen served as a senior compliance leader at companies including Microsoft, Pfizer, and Standard Chartered Bank. “Listening is a very undervalued art in life. People yearn for respect, and the way you show respect is to listen to them. Listening doesn’t mean you agree with them, listening to people is you let them know you hear what they are saying...and that you sympathize with what they’re experiencing.” - Hui Chen What You’ll Learn on This Episode: [2:42] What sparked Chen’s interest in ethics and compliance, and how has her career path led to her to where she is? [8:08] What are the things companies most often do wrong when creating and managing their ethics and compliance programs? What do they do well? [11:00] As someone who has been involved in government, how does Chen anticipate the new U.S. administration will help build trust, and how can businesses help? [13:55] Looking back at the Covid-19 pandemic, what are the biggest changes Chen anticipates businesses adopting? [16:10] As someone of Asian ancestry, what are Chen’s personal experiences with racism, and how have those experiences shaped the way she views race relations in the U.S.? Find this episode of Principled on Apple Podcasts, Google Podcasts, Stitcher, SoundCloud, Podyssey, or anywhere you listen to podcasts.
Joyce I-Hui Chen took on the 7 things in 7 minutes challenge to tell us all about her PhD research into Joint Practice Development.
A note from Talking Taiwan host Felicia Lin: A relationship between mother and daughter that was so stonewalled that it took 20 years and a camcorder to make a breakthrough- this was the subject of Huang Hui-chen’s first feature documentary film, Small Talk. Small Talk is one of two documentary films being screened at the Austin Asian American Film Festival’s Prismatic Taiwan (September 4-13), a virtual, six-film series celebrating the past and present of queer Taiwanese cinema. Hui-chen spoke candidly about this deeply personal film that she described as a letter to her mother. She also revealed what’s happened in the aftermath of the film. Her film and personal story give hope to others dealing difficult parent-child relationships. Special thanks to the Austin Asian American Film Festival and Stacey Pai for providing translation. To purchase tickets to watch Small Talk and learn about the other films featured in Prismatic Taiwan visit: www.aaafilmfest.org/ Talking Taiwan listeners will get $2 off when they use the code TALKING. The Prismatic Taiwan Queer Film Series, features six LGBTQ Taiwan films spanning from 1970 to 2016. You can watch all six films for under $15. To learn more Prismatic Taiwan check out last week’s episode, episode t. Here’s a little preview of what we talked about in this podcast episode: Hui-chen’s work as an activist When she got interested in documentary filmmaking How it took her so long (20 years) to make Small Talk into a movie that her mother and relatives didn’t think she’d actually be able to do it The footage of her nieces discussing whether their grandma (Hu-Chen’s mother) is a boy or a girl How she got her mother to finally talk How she got other family members and her mother’s girlfriends to talk in the film The one person who she would have like to interview for the movie, but did not How the film, Small Talk is like a letter to her mother Why Hui-chen’s husband doesn’t appear in the film While Hui-chen’s now ex-husband doesn’t appear in Small Talk he will be in her next film which will be about the relationship between love and social activism Hui-chen’s mother’s reaction to the film after watching it How Hui-chen’s mother’s reacted when Small Talk was screen at Taiwan’s Golden Horse Awards How the film Small Talk has affected her and mother’s relationship with their relatives What was Hui-chen’s sister’s reaction to Small Talk How the film Small Talk has affected Hui-chen’s relationship with her mother How Hui-chen’s relatives reacted to and dealt with to her mother’s lesbianism How Hou Hsiao-hsien took a leap of faith when he got involved and became the executive producer of Small Talk What filmmaking advice Hou Hsiao-hsien gave her How Hui-chen feels about Small Talk having been selected as the Taiwanese entry for the Best Foreign Language Film at the Academy Awards Hui-chen’s book about her mother that reveals more that the film did not Related Links: PURCHASE tickets to watch Small Talk LEARN More About Prismatic Taiwan and the September 5th live, virtual roundtable discussion event with Asian Cinevision and director Zero Chou, entitled “Creating Transnational Queer Asian Spaces”: https://www.aaafilmfest.org/prismatic-taiwan Huang Hui-chen’s book, about her mother, 我和我的T媽媽 (available in Chinese): https://readmoo.com/book/210085132000101 https://www.books.com.tw/products/E050053049 Austin Asian American Film Festival: https://www.aaafilmfest.org/ Austin Asian American Film Festival Facebook page: https://www.facebook.com/AAAFF/ Austin Asian American Film Festival on Instagram: https://www.instagram.com/aaafilmfest/ Austin Asian American Film Festival on Twitter: https://twitter.com/AAAFF
In this special bonus podcast, the co-hosts of Great Women in Compliance, Lisa Fine and Mary Shirley are joined by Tom Fox, host of the FCPA Compliance Reportas well as Amii Bernard-Bahn. We all participated in the recently concluded Compliance Week 2019 and we sat down to provide some of our reflections on the conference. This podcast cross-posts on Great Women in Compliance. The episode is sponsored by Corporate Compliance Insights. Some of the highlights include: Lisa Fine- the Key Note Presentation by Preet Bharara. Some of the highlights for Lisa were:· Doing the right thing can often be the most expedient thing as well.· The problems when you go right up to the ethical line.· His career advice regarding learning the business side of things. Mary Shirley- the presentation by Lisa Beth Lentini, Subhashis Nath and Robert Appleton on the behavioral science behind corporate compliance. Some of the highlights for Mary were: · The benefits of metrics in a best practices compliance program.· Her surprise when the audience was polled that fewer than one-half in attendance are currently using data analytics in their corporate compliance programs.· Data science will be a key component of compliance officers in a very short time. Amii Bernard-Bahn-the reaction to and participation of the audience in two sessions Amii led on careers in corporate compliance. Some of the highlights for Amii included: · Compliance professionals are now thinking of their careers 3-5 years down the road. · CCOs are actively considering Board roles as a part of their compliance careers. · What are some of the business leadership skills a compliance professional needs to move to non-compliance roles in the C-Suite. Tom Fox-the Key Note address by Hui Chen on where compliance has been, where it is now and where it is going in the 2020’s and beyond. Some of the highlights for Tom were: · A review of the five decades of compliance.· The current challenges for the compliance professional.· Where is compliance and ethics headed into next decade. For more information on this episode’s sponsor—Corporate Compliance Insights, check out their website here. Subscribe to the FCPA Compliance Report.
In this special bonus podcast, I am joined by the co-hosts of Great Women in Compliance, Lisa Fine and Mary Shirley as well as Amii Bernard-Bahn. We all participated in the recently concluded Compliance Week 2019 and we sat down to provide some of our reflections on the conference. This podcast cross-posts on Great Women in Compliance. The episode is sponsored by Corporate Compliance Insights. Some of the highlights include: Lisa Fine- the Key Note Presentation by Preet Bharara. Some of the highlights for Lisa were:· Doing the right thing can often be the most expedient thing as well.· The problems when you go right up to the ethical line.· His career advice regarding learning the business side of things. Mary Shirley- the presentation by Lisa Beth Lentini, Subhashis Nath and Robert Appleton on the behavioral science behind corporate compliance. Some of the highlights for Mary were: · The benefits of metrics in a best practices compliance program.· Her surprise when the audience was polled that fewer than one-half in attendance are currently using data analytics in their corporate compliance programs.· Data science will be a key component of compliance officers in a very short time. Amii Bernard-Bahn-the reaction to and participation of the audience in two sessions Amii led on careers in corporate compliance. Some of the highlights for Amii included: · Compliance professionals are now thinking of their careers 3-5 years down the road. · CCOs are actively considering Board roles as a part of their compliance careers. · What are some of the business leadership skills a compliance professional needs to move to non-compliance roles in the C-Suite. Tom Fox-the Key Note address by Hui Chen on where compliance has been, where it is now and where it is going in the 2020’s and beyond. Some of the highlights for myself were: · A review of the five decades of compliance.· The current challenges for the compliance professional.· Where is compliance and ethics headed into next decade. For additional reading on Compliance Week 2019 see the following blog posts:On the Importance of Compliance ProgramsThree Compliance Lessons from Preet BhararaLooking Forward in Compliance With Hui Chen Subscribe to the Great Women in Compliance podcast, co-hosted by Mary Shirley and Lisa Fine. For more information on this episode’s sponsor—Corporate Compliance Insights, check out their website here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Highlights include: 1. Have you checked out the new OFAC compliance program? If not see Mike Volkov’s 5-part series on Corruption, Crime and Compliance. 2. Hui Chen and Pam Davis weigh in on the 2019 DOJ FCPA Guidance. 3. Noose tighten around Credit Suisse and Privinvest in Mozambique tuna boat scandal? 4. What are the compliance lessons from a messy and very public food fight? Matt Kelly explores in two postings on Radical Compliance. 5. How does scape-goating come into play in cross-border anti-corruption enforcement? 6. Jay continues his exploration of using a monitor. 7. What do dawn raids have in common with fires (at least in the UK)? 8. Is Equifax about to settle for its massive data breach? 9. Why should compliance training start with a smile? 10. What are the compliance lessons for hospitality around major sporting events? 11. This week Tom had a special 5-part podcast series sponsored by Assent Compliance on the issue of maintaining market access. Check out the following: Part 1-Introduction to Market Access; Part 2-Trade Compliance; Part 3- Continuous Monitoring; Part 4-FARs and flow downs; Part 5-Chemical and Product Compliance. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week's highlights include: 1. Uber stumbles at going IPO. What role did its culture, lack of compliance and ethics play? 2. Belying those who advocate a paper program compliance defense, DOJ/SEC require compliance programs which actually works. 3. What is up with Ephemeral Messaging for Businesses? Avi Gessner, Daniel Foerster and Mengyi Xu consider. 4. What criteria should be used to make reparations to victims of corruption? Sam Hickey explores. 5. Hong Kong criminally indicts ex-JP Morgan banker in Princeling case. Harry Cassin reports.6. FCPA Unit head Dan Kahn discusses evolution in FCPA enforcement. Clara Hudson reports. 7.How should you repay victims of corruption? Sam Hickey. 8. Federal judge lambastes SEC for filing on VW nearly 4 years after emissions-testing scandal erupted. David Shepardson reports.10. What is the fraud risk for non-profits? 11. Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. As a listener, you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week's highlights include: 1. Uber stumbles at going IPO. What role did its culture, lack of compliance and ethics play? 2. Belying those who advocate a paper program compliance defense, DOJ/SEC require compliance programs which actually works. 3. What is up with Ephemeral Messaging for Businesses? Avi Gessner, Daniel Foerster and Mengyi Xu consider. 4. What criteria should be used to make reparations to victims of corruption? Sam Hickey explores. 5. Hong Kong criminally indicts ex-JP Morgan banker in Princeling case. Harry Cassin reports.6. FCPA Unit head Dan Kahn discusses evolution in FCPA enforcement. Clara Hudson reports. 7.How should you repay victims of corruption? Sam Hickey. 8. Federal judge lambastes SEC for filing on VW nearly 4 years after emissions-testing scandal erupted. David Shepardson reports.10. What is the fraud risk for non-profits? 11. Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. As a listener, you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, I want to discuss how this production changed the focus of the play, away from the madness of the king to the actions of the three daughters. Perhaps it was my perception of the play or perhaps it was the director’s intention but the focus in the first half of the play was clearly on the daughters and their families. Both Goneril and Regan played much more prominent roles throughout the first scene and their joint liaisons with Edmund, later the Earl of Gloucester, were key components of this production. Moreover, their husbands, the Duke of Cornwall and the Duke of Albany, also played prominent roles. The Duke of Cornwall, for instance his role in this production was more than the traditional highlight for him, which is the blinding of the original Earl of Gloucester. (Even in this production it still elicited gasps from the audience.) Even after the intermission, where some of the most powerful scenes in all of Shakespeare playout, including the blinded Earl of Gloucester and the mad Lear wandering the moor, this production held a distinct focus on Lear’s daughters and their families, adding in the complexity of Edmund, the new Earl of Gloucester, having an affair with Goneril while secretly pledged to wed Regan. In the most recent Harvard Business Review (HBR), Scott Berinato writes, in an article entitled “Data Science and the Art of Persuasion”, that most companies are not getting the value from data science initiatives and prescribes ways to remedy this phenomenon. Last year, at Compliance Week 2018, Hui Chen said on a panel that she expected the compliance team of the not-so-distant future would have a data scientist. As with most of her pronouncements, she was way ahead of the crowd. You must start with the premise that most CCOs and compliance professionals are legally trained, usually without any data analytics classes in law schools still operating under the Socratic Method. Even if a stat class is thrown in somewhere along the way in undergrad, grad school or even through some business school outreach to law students, that does not begin to prepare someone to understand the insights available through advanced data analytics. The key is to build a better data science operation. There are four suggestions, with the over-arching theme of defining the talents you need to understand and communicate the data. 1. The unpacking of data and creation of insights is a skill. 2. Data wrangling.3. Expertise.4. How to communicate the information. Learn more about your ad choices. Visit megaphone.fm/adchoices
Hui Chen describes her role as the DOJ's Compliance Consultant, what companies should focus on and why she resigned. @HuiChenEthics
This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including: Will Canada approve DPAs for use in anti-corruption prosecutions? TI-Canada recommends they come into use. See article in Corporate Compliance by clicking here. Also see interview with RCMP Superintendent Denis Desnoyers in GIR.Midyear FCPA enforcement report by Stanford Law Journal. See article in WSJ.The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week.Are Mexican anti-corruption efforts moving forward or not. See pro see article entitled, New Mexican Anti-Corruption Law Enters into Force Global Compliance News. For con see article by Juan Montes Mexican Antigraft Efforts Falter, in WSJ.With the departure of Walter Shaub from the US Office of Governmental Ethics and Hui Chen as the Compliance Counsel, who will lead the US ethics and compliance efforts. See Jaclyn Jaeger’s article in the Compliance Week.Everything Compliance-Episode 14 is out. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Episode 15 will go up on July 27.Former Haitian Telco exec pleads guilty, Dick Cassin reports in the FCPA Blog. Dmitrij Harder jailed five years for FCPA offenses. See article by Dick Cassin the FCPA Blog.The twins are back home from summer camp. What does it mean for the Rosen household?Jay previews his weekend report. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including: Will Canada approve DPAs for use in anti-corruption prosecutions? TI-Canada recommends they come into use. See article in Corporate Compliance by clicking here. Also see interview with RCMP Superintendent Denis Desnoyers in GIR. Midyear FCPA enforcement report by Stanford Law Journal. See article in WSJ. The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week. Are Mexican anti-corruption efforts moving forward or not. See pro see article entitled, New Mexican Anti-Corruption Law Enters into Force Global Compliance News. For con see article by Juan Montes Mexican Antigraft Efforts Falter, in WSJ. With the departure of Walter Shaub from the US Office of Governmental Ethics and Hui Chen as the Compliance Counsel, who will lead the US ethics and compliance efforts. See Jaclyn Jaeger’s article in the Compliance Week. Everything Compliance-Episode 14 is out. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Episode 15 will go up on July 27. Former Haitian Telco exec pleads guilty, Dick Cassin reports in the FCPA Blog. Dmitrij Harder jailed five years for FCPA offenses. See article by Dick Cassin the FCPA Blog. The twins are back home from summer camp. What does it mean for the Rosen household? Jay previews his weekend report. Learn more about your ad choices. Visit megaphone.fm/adchoices
Show Notes for Everything Compliance-Episode 14 Topics from Matt: Trump Administration & FCPA enforcement— we have two declinations now; maybe a compare-and-contrast, and speculation on what a tough Trump Admin enforcement WOULD look like; EU’s GDPR— Do EU regulators really know what they want to do with enforcement of this law; although if they follow the lead of the anti-competition people whacking Google, it could be a big deal; Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted; and Ethical leadership and the lack thereof; the menace of abusing perks and privilege, connecting my posts about Uber’s leaders and Chris Christie vacationing on a closed beach. Topics from Jay: How do the Campaign Finance Laws mirror/or differ from the FCPA? Will the Russian Collusion Investigation reveal the ultimate FCPA violation? Regarding Walter Shaub’s departure from Office of Governmental Ethics (OGE), does it matter? What is OGE supposed to do and why did it work for the past 40+ years, but fell on deaf ears with the Trump administration? Dovetailing with Matt’s question about a slow H1 for FCPA enforcement and in light of the just released Gibson Dunn FCPA Mid-Year Report, does the current climate (and lack of vigorous enforcement) provide a perfect storm for companies to look the other way if they fall off the E&C wagon, or do we think that companies are still being vigilant in spite of a perception of decreased enforcement? Rants are at the end of this week’s episode. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including: HSBC monitor report protected from release. See article in Reuters by clicking here.The Odebrecht scandal continues to resonate across South America. See Dick Cassin’s post in the FCPA Blog.The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week.Roy Snell says it’s not who’s who but who gets it. See article in SCCE Compliance and Ethics Blog.Tom announces the rollout of the Compliance Podcast Network. It includes This Week in FCPA, FCPA Compliance Report, Compliance Report-International Edition, 12 O’Clock High, Unfair and Unbalanced, Compliance into the Weeds, Across the Board, Everything Compliance, One Month to a More Effective Compliance Program. See Tom’s article in the FCPA Compliance and Ethics Blog.The next Everything Compliance podcast is in production. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Part I will go up on Thursday, July 20. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including: HSBC monitor report protected from release. See article in Reuters by clicking here. The Odebrecht scandal continues to resonate across South America. See Dick Cassin’s post in the FCPA Blog. The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week. Roy Snell says it’s not who’s who but who gets it. See article in SCCE Compliance and Ethics Blog. Tom announces the rollout of the Compliance Podcast Network. It includes This Week in FCPA, FCPA Compliance Report, Compliance Report-International Edition, 12 O’Clock High, Unfair and Unbalanced, Compliance into the Weeds, Across the Board, Everything Compliance, One Month to a More Effective Compliance Program. See Tom’s article in the FCPA Compliance and Ethics Blog. The next Everything Compliance podcast is in production. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Part I will go up on Thursday, July 20. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this week which starts the 4th of July holiday weekend, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: The second Declination of the Session’s Justice Department, CDM Smith. For a copy of the Declination click here. For article in the FCPA Blog, click here. The son of Equatorial Guinea's president went on trial this week in France for embezzlement of funds from the country. See trial reports of Days 2 & 3 in the Global Anti-Corruption Blog. Is the DOJ afraid to go to trial in white collar prosecutions. Jesse Eisinger considers this issue in his new book The Chickenshit Club. See review of Eisinger’s book in the Financial Times by clicking here. Tom nominates former Uber engineer Susan Fowler for top blog of the year (so far). Who is your nominee from the first half of the year? See Tom’s article in the FCPA Blog. Hui Chen talks to Matt Kelly on a podcast on Radical Compliance. Jay discusses his weekend report, which came out yesterday. You can read by clicking here. At nearly the half-way mark, the Astros lead the majors with the best record. Tom announces the premier of the Compliance Podcast Network, which will make its debut the week of July 10. It will be the only Podcasting Network dedicated to compliance, the compliance profession and compliance practitioners. Learn more about your ad choices. Visit megaphone.fm/adchoices
After last week’s guest announcers, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: The first Declination of the Session’s Justice Department, Linde gas. For a copy of the Declination click here. For Tom’s discussion of the lessons learned, click here. The son of Equatorial Guinea's president went on trial this week in France for embezzlement of funds from the country. See article by Dick Cassin in the FCPA Blog. See Day 1 of trial report in the Global Anti-Corruption Blog. The UK SFO charges four former senior executives at Barclays Bank criminally around funding issues in the 2008 financial crisis. See Tom’s article by clicking here. Embattled Uber CEO Travis Kalanick resigns under pressure. Will there be a backlash, who will run the company? See articles in the New York Times and Wall Street Journal. Compliance in the 21stcentury, welcome to ComTech. See Tom’s article in Compliance Week. Hui Chen departs the Justice Department with a flurry of tweets. Matt Kelly reports on Radical Compliance. Jay previews his weekend report. Everything Compliance-Episode 13 is in production and will be released next Thursday. Topics include Matt Kelly on Uber and the need for policies and procedures, Jonathan Armstrong on fake news around GDPR, Mike Volkov on blockchain and how it may change compliance, and Jay Rosen, Linde notwithstanding, on the dearth of recent DOJ FCPA activity. For a sneak peak, listen to Matt Kelly’s rant at the end of this podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices
Show Notes for Episode 56, for the week ending June 9, the Who’s On First Edition This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit disgorgement. For what it means to the compliance practitioner, see Tom’s piece in the FCPA Compliance & Ethics Blog. For a legal review of the decision, see Miller & Chevalier client alert authored by Saskia Zandieh. Marc Bohn considered the cased in the FCPA Blog. Marc and I discuss the case on the FCPA Compliance Report, Episode 332.Trevor McFadden to leave the DOJ for federal bench. See article by Matt Kelly in Radical Compliance. Hui Chen’s contract not to be renewed, her position is posted for job applicants. Apply for the position here. Andrew Weissman leaves as head of the Fraud Section to go Special Prosecutor’s staff.Former PetroTiger General Counsel Gregory Weismann is banned from SEC practice. See article in the FCPA Blog. Matthew Stephenson considers what a Wal-Mart settlement might look like. See his article in the Global Anti-Corruption Blog.The federal judge who sentenced Samuel Mebiame, the bag man for Och-Ziff; criticized the DOJ for its lack of prosecution of any individuals from the company. See article by Sam Rubenfeld in WSJ Risk and Compliance Report.Jay previews his weekend report.Tom continues to talk about the release of his new book 2016 – The Year in Corporate FCPA Enforcement. For more information and to purchase, click here. Jay Rosen can be reached: Mobile (310) 729-6746 Toll Free (866)-201-0903 JRosen@affiliatedmonitors.com Tom Fox can be reached: Phone: 832-744-0264 Email: tfox@tfoxlaw.com Learn more about your ad choices. Visit megaphone.fm/adchoices
Show Notes for Episode 56, for the week ending June 9, the Who’s On First Edition This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit disgorgement. For what it means to the compliance practitioner, see Tom’s piece in the FCPA Compliance & Ethics Blog. For a legal review of the decision, see Miller & Chevalier client alert authored by Saskia Zandieh. Marc Bohn considered the cased in the FCPA Blog. Marc and I discuss the case on the FCPA Compliance Report, Episode 332. Trevor McFadden to leave the DOJ for federal bench. See article by Matt Kelly in Radical Compliance. Hui Chen’s contract not to be renewed, her position is posted for job applicants. Apply for the position here. Andrew Weissman leaves as head of the Fraud Section to go Special Prosecutor’s staff. Former PetroTiger General Counsel Gregory Weismann is banned from SEC practice. See article in the FCPA Blog. Matthew Stephenson considers what a Wal-Mart settlement might look like. See his article in the Global Anti-Corruption Blog. The federal judge who sentenced Samuel Mebiame, the bag man for Och-Ziff; criticized the DOJ for its lack of prosecution of any individuals from the company. See article by Sam Rubenfeld in WSJ Risk and Compliance Report. Jay previews his weekend report. Tom continues to talk about the release of his new book 2016 – The Year in Corporate FCPA Enforcement. For more information and to purchase, click here. Jay Rosen can be reached: Mobile (310) 729-6746 Toll Free (866)-201-0903 JRosen@affiliatedmonitors.com Tom Fox can be reached: Phone: 832-744-0264 Email: tfox@tfoxlaw.com Learn more about your ad choices. Visit megaphone.fm/adchoices
In this second of a two-part series, we conclude the panel’s discussion of the first 100 days of the Trump administration as it relates to compliance. This episode concludes with the panelists’ rants. Matt Kelly opens with a discussion of regulatory enforcement under the Trump administration, how the ‘Trump Effect’ is negatively impacting corporations, industry responses to deregulation issues and lays down some markers around compliance issues under the new administration. For Matt Kelly’s posts see the following: Compliance in the Trump Era: More Markers Placed Trump Administration Whacks Telco Firm for $892 Million Drone Industry Pan Trump’s Regulatory Trump Risk Disclosures Start Rolling In First SEC Whistleblower Award of Trump Era Sessions Dodges, Weaves, Promises on FCPA Mike Volkov rounds out the discussion with a review of where the DOJ is currently under AG Sessions, remarks by DOJ officials on FCPA enforcement, the future of the Pilot Program and DOJ Compliance Counsel, Hui Chen. For Mike Volkov’s posts see the following: Yates, AG Sessions and Individual Criminal Prosecutions New E-Book — Moving the Goalposts: The Justice Department Redefines Effective Compliance FCPA Remediation Focus on Supervisory Personnel FPCA Pilot Program Motors On For the Cordery Compliance client alerts see the following: EU conflicts minerals compliance legislation DOJ Evaluation of Corporate Compliance: how does it compare to UK Bribery Act 2010? For Jay Rosen’s posts see the following: Still in the Enforcement Business and Evaluation of Corporate Compliance Programs “It Was the Best of Times, It was the Worst of Times,” or “Ignorance is Strength” For Tom Fox’s posts see the following: The Trump Administration-Kaos is Bad for Business The Trump Administration-Failures in Leadership and Management The Trump Administration-Preparing for a Catastrophe The Trump Administration-the Business Response DOJ Enforcement of the FCPA and the International Fight against Corruption in the Trump Administration The members of the Everything Compliance panel include: Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com. Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of Compliance Week. Kelly can be reached at mkelly@radicalcompliance.com Jonathan Armstrong – Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com Learn more about your ad choices. Visit megaphone.fm/adchoices
Yesterday I began a two-part series on the Department of Justice (DOJ’s) “Evaluation of Corporate Compliance Programs” (Evaluation) posted on the Fraud Section in February. The document is an 11-part list of questions which encapsulates the DOJ’s most current thinking on what constitutes a best practices compliance program. Within the list are some 46 different questions that a Chief Compliance Officer (CCO) or compliance practitioner can use to benchmark a compliance program. In short, it is an incredibly valuable and most significantly useful resource for every compliance practitioner. Three Key Takeaways This DOJ Evaluation provides clear guidance on the expectations of government regulators regarding what your program should consist of, how it should be effected and where you need to go down the road. It is also a valuable teaching tool as you can lay out for your Board and senior management the clear requirements for any best practices compliance program. The document also re-emphasizes that you should listen when the DOJ communicate their expectations around compliance. Beginning with the initial public remarks of Hui Chen and comments by former Assistant Attorney General Leslie Caldwell in November 2015, through the announcement of the FCPA Pilot Program in April 2016 and subsequent public remarks by Caldwell, Sally Yates and Daniel Kahn, the DOJ has consistently articulated the need for the operationalization of a corporate compliance program. Indeed, one can draw a straight-line from Caldwell’s November 2015 remarks at the SIFMA Compliance and Legal Society New York Regional Seminar where she presented the requirements to operationalize compliance in discussing compliance program metrics. Any company which simply puts a paper program in place, whether it is certified or not, and then sits back on its collective hands, is in for a very rude awakening if it comes before the DOJ in an investigation or enforcement action. For it is in operationalization of your compliance program that the DOJ will give credit to a functioning compliance program. This month’s podcast series is sponsored by Oversight Systems, Inc. Oversight’s automated transaction monitoring solution, Insights On Demand for FCPA, operationalizes your compliance program. For more information, go to OversightSystems.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
What are metrics for a Board around compliance? Former Assistant Attorney General Leslie Caldwell laid out some that the Justice Department would consider in a review of compliance programs. These metrics are: Does the institution ensure that its directors and senior managers provide strong, explicit and visible support for its corporate compliance policies? Does the Board maintain a material role in overseeing a company’s overall compliance framework? These requirements move beyond simply having the correct ‘Tone at the Top’ which every Board should articulate. They charge the Board with a substantive role in the actual doing of compliance going forward. One of my concerns is this metric sets up Board members and senior management for prosecution under the Foreign Corrupt Practices Act (FCPA) in the new era of the Yates Memo where companies are required to investigate and turn over individuals to the DOJ for prosecution if they want to receive any credit for cooperation. Of course, the Yates Memo also articulated the DOJ’s stated intention to more aggressively prosecute individuals as well. Board Role You begin with two questions. First, does the Board of Directors exercise independent review of a company’s compliance program? Second, is the Board of Directors provided information sufficient to enable the exercise of independent judgment? Boards of Directors should take a more active role in overseeing the management of risk within a company. Now this includes having a FCPA compliance program in place and actively oversee that function. This means if a company’s business plan includes a high-risk proposition, there should be additional oversight. In other words, there is an affirmative duty to ask the tough questions. But it is more than simply having a compliance program in place. The Board must exercise appropriate oversight of the compliance program and indeed the compliance function. The Board needs to ask the hard questions and be fully informed of the company’s overall compliance strategy going forward. Some of the areas for hard questions include Corporate Compliance Policy and Code of Conduct – Is there an overall governance document which will inform the company, its employees, stakeholders and third parties of the conduct the company expects from an employee, translated into appropriate local langauges. Is there documents of delivery and training on this or these documents? Risk Assessment – Has the Board assessed the compliance risks associated with its business? Implementing Procedures – The Board should determine if the company has a written set of procedures in place that instructs employees on the details of how to comply with the company’s compliance policy. Once again, have these implementing procedures been translated as appropriate and do employees understand these procedures? Are all of the above documented? Training – Has the Board been trained to understand its role in an effective compliance program? Monitor Compliance – Has the Board independently tested, assessed and audited to determine if its compliance policies and procedures are a living and breathing program and not just a paper tiger. There are several paths a Board of Directors can take to fulfill this duty. Obviously the full Board can be apprised of compliance issues and handle them appropriately. However this may be unwieldy or not workable if there is a large Board and the compliance function only has limited time to present a quarterly and annual report. The Audit Committee is usually considered a natural venue for the compliance function to report to as it handles issues somewhat related to compliance already. Through the convergence of the Yates Memo and these metrics, it is time for companies to create a Compliance Committee separate and a part from the Audit Committee. This Board-level Compliance Committee would be charged with oversight of FCPA compliance and ethics but could also be the reporting venue for anti-money laundering compliance (AML), export control compliance and all other such disciplines within an organization. Further after the Volkswagen emissions-testing scandal, not only have a robust compliance program but direct and transparent Board oversight may be the only thing stopping injury to your reputation from a competitor’s illegal or unethical conduct. Three Key Takeaways The Justice Department expects active engagement by a Board around compliance. Does the Board exercise independent review of the compliance program? The convergence of the Yates Memo, Hui Chen and the FCPA Pilot Program. Learn more about your ad choices. Visit megaphone.fm/adchoices
Every Board of Directors need a true compliance expert sitting on their Board. Almost every Board has a former Chief Financial Officer (CFO), former head of Internal Audit or persons with a similar background and often times these are also the Audit Committee members of the Board. Such a background brings a level of sophistication, training and subject matter expertise that can help all companies with their financial reporting and other finance based issues. So why is there not such compliance subject matter expertise at the Board level? An arm of the US government has recognized the need for such expertise at the Board level. In 2015 the Office of Inspector General (OIG) has called for greater compliance expertise at the Board level. The OIG said that a Board can raise its level of substantive expertise with respect to regulatory and compliance matters by adding to the Board, a compliance member. The presence of a such a compliance professional with subject matter expertise on the Board sends a strong message about the organization’s commitment to compliance, provides a valuable resource to other Board members, and helps the Board better fulfill its oversight obligations. Mike Volkov looked at it from both a practical and business perspective and has stated, “I have witnessed firsthand that companies that have a board member with compliance expertise usually have a more aggressive and effective compliance program. In this situation, a Chief Compliance Officer has to answer to the board for the company’s compliance program, while receiving the resources and support to accomplish compliance tasks.” Roy Snell sees it through the prism of the compliance profession and has said, “If you ask most companies if they have compliance expertise on their Board… most would say yes. When asked who the compliance expert is they typically point to a lawyer, auditor, risk manager, or an ethicists. None of these professions are automatically compliance experts. All lawyers have different specialties.” He goes on to state that what regulators want to see is specific compliance expertise at the Board level. He noted, “the government is looking for is not generic compliance expertise. They are looking for compliance program management expertise. Hui Chen, the DOJ Compliance Counsel, has continually talked about the need for companies to operationalize their compliance programs. She intones businesses must work to literally burn compliance into the fabric and DNA of their organization. Having a Board member with specific compliance expertise, heading a Board level Compliance Committee can provide a level of oversight and commitment to achieving this goal. It will not be long before the DOJ and SEC begin to require this step in any FCPA enforcement action resolution. This means that when your company is evaluated by Chen, under the factors set out in Prong Three of the FCPA Pilot Program, to retrospectively determine if your company had a best practices compliance program in place at the time of any violation, you need to have not only the structure of the Board level Compliance Committee but also the specific subject matter expertise on the Board and on that committee. Key Takeaways Boards must have compliance expertise. Government regulators and shareholder groups have both called for greater compliance expertise at the Board. Compliance expertise at the Board works up and down as such expertise can be a resource to both the CCO and compliance department. For more information, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Today is the penultimate day of my 30 days to a better compliance program. Just as compliance programs sprang up, grew and began to evolve and mature in the middle of the last decade; the sophistication of the regulators has also increased. We most clearly see this in the appointment of the Department of Justice (DOJ) Compliance Counsel, Hui Chen. With her initial public remarks, Chen provided insight into how she would consider the effectiveness of a compliance program. Her key point was companies should operationalize their compliance program by tying it to functional disciplines within your company. This means that Human Resources (HR), Payment, Audit, Vendor Management and similar corporate disciplines should be involved in the operation of your compliance program in their respective areas of influence. Then in April 2016 under the remediation prong, with the initiation of the DOJ Pilot Program around FCPA enforcement, the DOJ once again emphasized the operationalization of a company’s compliance program as a key metric in determining benefits under the program. You must actually be doing compliance going forward. This evolution in the DOJ’s thinking and its sophistication of compliance program analysis is in clear response to how the market initially responded to the requirement to have a compliance program back in the 2004-time frame. More recently, each Deferred Prosecution Agreement (DPA), in Schedule C under the details of a best practices compliance program, has required the company to take “into account relevant developments in the field and evolving international and industry standards” in upgrading their compliance program. This requirement has led companies to keep abreast of best practices and continually evolve their compliance program forward. The DOJ in turn, has upped its game and now requires companies to operationalize compliance. Compliance is a service within your organization, yet under the operationalized model, compliance is a profit generator for a business. Just as law departments generate business by doing transactions, compliance can be viewed as delivering services not only to the business unit but also third parties with whom the company does business. This means not only traditional transaction partners such as sales agents, representatives and distributors but also joint venture (JV) partners, teaming partners and others. Compliance can deliver compliance related services to these third parties as a profit center. Doing compliance means doing business. There are multiple types of risks in a business; operational, regulatory and reputational, just to name a few. The effort to measure and then manage each of these risks can be led by the compliance function. The more efficiently these risks are measured (i.e. assessed) the more easily and efficiently these risks can be managed. This means that the business is not faced with a binary 1/0 or Go/No Go decision on risk but if compliance moved into measuring and the managing risk through the operationalization of compliance into the business unit; the process would help you to do business more efficiently and with greater profitability. Compliance is a platform to make your company not only a better run organization but can also demonstrate the thoughtfulness and effectiveness of your compliance program should a regulator ever come knocking. This is because if you operationalize compliance into the fabric of your organization, compliance internal controls will touch every aspect of the employment experience in a way that is not obtrusive and will not slow down what you are trying to achieve. Take compliance as a platform in HR. At every point in talent management, HR can insert compliance into the cycle. Those points include the pre-employment interview and screening, the interview process with progressively higher senior management, the initial on-boarding process, the quarterly, semi-annual or annual performance review, annual bonus review, assessment and award, promotions and even exiting of an employee. The platform of compliance can record each of these touch points and you now have an internal control burned into HR which is a compliance internal control. Further, if there is any attempt to circumvent or over-ride one of these HR internal controls involving the hiring of a son or daughter of a foreign governmental official, a red flag can be raised and sent to the compliance function for further review. Compliance is a marketing platform. Some attention has been paid to the use of compliance as a recruiting and hiring tool for millennials. One of the facts of their generation is they want to work at companies which are seen to be doing business ethically, all the while making money. Moreover, as Ethisphere demonstrates annually with its World’s Most Ethical Company awards, businesses which win those awards, on average, exceed the New York Stock Exchange (NYSE) blue chip average for profitability. It will be interesting to see the results of ISO 37001 certification on financial profitability. Compliance embraces public advocacy. The Volkswagen (VW) emissions-testing scandal is one of the largest corporate scandals of the past few years. One thing that makes the VW scandal so unique is that it is one of the few scandals where a company’s actions were so transgressive they damaged the reputations of its competitors. As a response to the VW scandal, Ulrich Grillo, President of the German industry association BDI, recognized that compliance is the answer. He urged companies to check their management processes, including compliance and control systems. He suggested one of the key questions to ask should be “Are we doing everything right?” When you have the President of a national industrial association saying compliance is the answer, you need to sit up and take notice. Three Key Takeaways You must work to operationalize your compliance program. You must keep you program evolving in light of regulatory change and industry practices. Compliance is a business process. For more information, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Late last year, composer and Shepherd School of Music professor Shih-Hui Chen helped bring something called “nanguan” music to Houston. Specifically, she and Asia Society Texas brought the Lâm-hun-koh/Gang-a-Tsui Nanguan Music and Theater Troupe to perform this special kind of traditional Chinese music. We somehow squeezed all of the members of the troupe into our studio, including musician and ethnomusicologist Katie Chen, for this episode. Katie and Shih-Hui talk about nanguan music and some of Shih-Hui’s contemporary pieces that the troupe were to play at their Asia Society performance. We saved this episode for Chinese New Year (shout out to the Year of the Rooster!) which starts on January 28th. You’re welcome! Music in this episode: Traditional Nanguan pieces: Traditional piece Pushing Away The Pillow Shih-Hui Chen pieces: Returning Souls A Plea to Lady Chang’e Audio production for this episode by Todd “I’m not Todd” Hulslander with meandering by Dacia Clay and assistance from Mark DiClaudio.
Every Board of Directors need a true compliance expert sitting on their Board. Almost every Board has a former Chief Financial Officer (CFO), former head of Internal Audit or persons with a similar background and often times these are also the Audit Committee members of the Board. Such a background brings a level of sophistication, training and subject matter expertise that can help all companies with their financial reporting and other finance based issues. So why is there not such compliance subject matter expertise at the Board level? An arm of the US government has recognized the need for such expertise at the Board level. In 2015 the Office of Inspector General (OIG) has called for greater compliance expertise at the Board level. The OIG said that a Board can raise its level of substantive expertise with respect to regulatory and compliance matters by adding to the Board, a compliance member. The presence of a such a compliance professional with subject matter expertise on the Board sends a strong message about the organization’s commitment to compliance, provides a valuable resource to other Board members, and helps the Board better fulfill its oversight obligations. Mike Volkov looked at it from both a practical and business perspective and has stated, “I have witnessed firsthand that companies that have a board member with compliance expertise usually have a more aggressive and effective compliance program. In this situation, a Chief Compliance Officer has to answer to the board for the company’s compliance program, while receiving the resources and support to accomplish compliance tasks.” Roy Snell sees it through the prism of the compliance profession and has said, “If you ask most companies if they have compliance expertise on their Board… most would say yes. When asked who the compliance expert is they typically point to a lawyer, auditor, risk manager, or an ethicists. None of these professions are automatically compliance experts. All lawyers have different specialties.” He goes on to state that what regulators want to see is specific compliance expertise at the Board level. He noted, “the government is looking for is not generic compliance expertise. They are looking for compliance program management expertise. Hui Chen, the DOJ Compliance Counsel, has continually talked about the need for companies to operationalize their compliance programs. She intones businesses must work to literally burn compliance into the fabric and DNA of their organization. Having a Board member with specific compliance expertise, heading a Board level Compliance Committee can provide a level of oversight and commitment to achieving this goal. It will not be long before the DOJ and SEC begin to require this step in any FCPA enforcement action resolution. This means that when your company is evaluated by Chen, under the factors set out in Prong Three of the FCPA Pilot Program, to retrospectively determine if your company had a best practices compliance program in place at the time of any violation, you need to have not only the structure of the Board level Compliance Committee but also the specific subject matter expertise on the Board and on that committee. Key Takeaways Boards must have compliance expertise. Government regulators and shareholder groups have both called for greater compliance expertise at the Board. Compliance expertise at the Board works up and down as such expertise can be a resource to both the CCO and compliance department. For more information, check out my book Doing Compliance: Design, Create and Implement an Effective Anti-Corruption Compliance Program, which is available by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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