Compliance Perspectives

Post By: Adam Turteltaub

Dr. Sharon Grossman is a psychologist, success coach, and the author of the book, The 7E Solution to Burnout: Transforming High Achievers from Exhausted to Extraordinary. In this podcast we explore what burnout is and what compliance professionals can do to prevent it, cope with it and recover.

One of main symptoms of burnout, she explains, is exhaustion, not just physical but emotional as well. Symptoms can also include an inability to relax once at home, an inability to focus on personal tasks, difficulty sleeping and a sense of dread when going to work.

Since no one wants to get this point she advises professionals to be aware of the early signs such as stress, irritability and mood imbalances. If you see those signs in yourself, it’s time to start adopting some good habits: Find ways to relax after work and focus on something other than the job. Ensure that you are getting the hours of sleep that you need and, interestingly, become more organization. Set goals for yourself and make sure you work to achieve them, rather than getting distracted by answering the latest email.

Also, when you see something that has to be done, don’t just focus on the totality of it. Break it into the many steps you have to take and focus on each task as a challenge to overcome. You’ll start seeing success along the way.

Listen in to learn more and, hopefully, stress less.

Post By: Adam Turteltaub

It’s a very busy time for compliance professionals overseeing businesses operating in India, reports Arpinder Singh, India & Emerging Markets Leader at EY Forensic & Integrity Services. There are a dizzying number of new laws, regulations and guidance including:

* The Companies Auditor’s Report Order (CARO) 2020, which puts the onus on auditors when it comes to whistleblower complaints and could cause friction between companies and their outside auditors

* A new data privacy bill, not yet approved, that could have significant impact on investigations

* New regulations designed to address insider trading and requires any whistleblower complaint leading to a forensic investigation to be reported to the regulator

* Increased responsibility for directors and officers under the Prevention of Corruption Act of 2018

And this is just the start, with new rules affecting everything from the handling of whistleblowers to fugitives to anticompetition law.

Adding to the challenge, he warns, is the pandemic. India historically did not provide workers with laptops, and WiFi is not always found in workers homes. As a result, many are relying on their own devices and mobile phones for connectivity, creating new data protection risks. It has already led to a sharp increase in ransomware attacks.

Supply chain disruptions have also been rife, added pressure on everyone, and led to increased risk when it comes to ethical ways of working.

And, of course, issues like corruption remain, he explains, especially in areas such as real estate and infrastructure.

Listen in to learn more about what you need to know to manage an effective compliance program in India.

Post By: Adam Turteltaub

A data breach occurs and the thinking immediately flies to the question of how many files were breached. Jay Anstine, Area Compliance Program Director, Western Division Rural Hospitals for Banner Health, argues that’s just the start. Organizations should also take the time to understand the perspective of the victim. It’s an exercise to remember at the time of the breach, but thinking about it before can also have a positive impact on compliance training.

As he points out in this podcast it encourages empathy, which can transform the way we think about compliance education. Suddenly it’s a lot less about specific rules and regulations and about the more easily-relatable and far more memorable human costs of a compliance failure.

The importance of empathy doesn’t stop there.  He encourages compliance teams to take a more empathetic approach in general. That includes being attuned to the rest of the organization’s awareness of compliance, being sure to let them know you understand what they are saying and ensuring you are communicating in a way that they can relate to.

Listen in to learn more about the benefits of a more human, empathetic approach to compliance.

Post By: Adam Turteltaub

Non-working phone numbers, a lack of transparency and inadequate follow up can all sink a helpline, reports Veronica Xu, Chief Compliance Officer for Saber Healthcare Group.  Another challenge:  Employee doubts about how the helpline works and what will happen once they call.

To overcome these challenges she advises compliance teams instill confidence in the system.  Let employees know what to expect and be sure to take action.

Building that confidence begins with selecting the right helpline provider.  She advises asking questions such as:

* What is the set-up cost?

* What are the annual fees?

* Is the system user friendly and easy to navigate?

* Can it integrate with other company systems?

* Can it integrate information from other reporting channels?

* Are live reps available 24-hours a day?

Then, to ensure that reports are acted on appropriately, reach out to colleagues in other departments who will be helping with investigations to ensure that they understand the process and expectations, including when and if they should report back to the person making the allegation.

Listen in to learn more, including how to include customers and vendors in this important communications channel.

Post By: Adam Turteltaub

Cruise ship companies have compliance programs, too and in this podcast we are joined by three members of the compliance team of Holland America Group: Paul McClelland, Vice President, Ethics & Compliance Officer, Emmely Kik, Director, Ethics & Compliance, Deputy Ethics & Compliance Officer, and Cristine McClure, Manager, Ethics & Compliance.

Holland America Group is a part of Carnival Corporation & plc and includes 37 ships and four different brands. The compliance program, as they explain, is global in reach and addresses a wide range of risk areas. In addition to the Group compliance team, there are also compliance professionals at other brands within Carnival Corporation.

When the pandemic hit the company had to address a wide range of challenges starting with getting their guests home, not an easy task as borders closed. In addition to the guests there were also 28,000 crew members from 120 countries needing to find a way home as well, provoking a range of solutions, including using the company’s ships as ferries.

In this podcast they relate the role the compliance team played in the crisis and how they are using this pause in the business to improve the compliance program, including updating the compliance charter.

Listen in to learn more about what the compliance team has been doing and to hear their advice on how to work with the business team during challenging times.

Post By: Adam Turteltaub

It’s a tough time for post-acute care for a wide range of reasons. As Nancy Beckley explains in this podcast, patients cut off from the outside world have provided not just emotional challenges. They have provided compliance challenges as well.

Two issues are of particular note. The first is support of persons with disabilities and ensuring that they are not denied equal access to medical treatments and are getting adequate care.

The second problematic area has revolved around religion and access to clergy. Many facilities had banned religious visits, as they had family visits. That led to complaints, and The Office of Civil Rights  has now given direction and continues to announce resolutions that post-acute care facilities need to heed.

Listen in to ensure that your organization doesn’t run afoul of the rules, and also to learn more about the growing number of therapists in compliance roles.

Post By: Adam Turteltaub

Germany has proposed legislation, likely to be ratified this Fall, that would mark a major change in how the government there enforces criminal violations in the corporate sector. The Corporate Sanctions Act, or CSA, would, according to Alisia Grenville, Head of Group Compliance at the Oerlikon Group, allow for criminal prosecutions of companies, not just individuals.

This is a controversial change because historically there has only been criminal liability in Germany for individuals.

The CSA will now allow criminal prosecutions and conviction in cases in which corporate officers or directors commit crimes on the corporation’s behalf, and, crucially, if the entity did not take responsible precautions to prevent employees and agents from engaging in the wrongdoing. This seriously increases the importance of having a compliance program.

It’s especially so given potential fines of 20% of the last three years annual turnover.

Listen in to this podcast to learn more about the proposed law and its extraterritorial reach.

Post By: Adam Turteltaub

In the latest episode of the Compliance Perspectives podcast we are joined by Daniel Kahn, the Acting Chief of the Fraud Section at the Department of Justice.

We begin the conversation with a discussion of the latest iteration of the Criminal Division’s document: Evaluation of Corporate Compliance Programs. He explains that it was designed to leverage what had been learned since the last version of the document was released as well as to incorporate input from the compliance community. The DoJ, he notes, continually reevaluates its internal policies.

The conversation then proceeds into a discussion of some of the main points compliance professionals -- and the business people they work with -- should take away from the document. One key piece of learning: the Criminal Division is eager to understand the thought processes behind the compliance program. They want to know, for example, not just what resources were allocated but why they were allocated.

A second lesson: the Fraud Section is very eager to know if an organization is collecting data on its compliance program, integrating and using it. If that data is held in separate silos, it will not look good in a prosecutor’s eyes.

We also discuss FCPA prosecutions, including the record breaking Goldman Sachs resolution and the Beam Suntory case, in which the company’s lack of cooperation was cited. Both of these very recent enforcement actions have extensive lessons for compliance teams.

There is also a good conversation about due diligence, what the DoJ expects during a pandemic, and the fact that just because the business may have shrunk its workforce by 10% doesn’t mean that the risk profile has been reduced by 10% and the compliance team should be cut by 10%.

Listen in to learn more about how to improve the effectiveness of your compliance program and what the DoJ is looking for if it starts examining your efforts.

Post By: Adam Turteltaub

Steve Priest, President of Integrity Insights International, has spent half of his life working in ethics and compliance.  In that time, he reports in this podcast, he has seen many members of the profession quit or lose their jobs.

There is often a balance, he observes, between on the one hand “I don’t want to do the right thing and lose my job or favor” and on the other hand, “Man, we’re doing something potentially catastrophic and I want to make sure we don’t hurt people.”

So what should you do when confronted with a very difficult and potentially-career limiting situation?  For one, he advises ask yourself or individuals you trust in the organization:  how does my proposed course of action affect my reputation?  While that may sound like an unusual starting point, he notes that without a strong reputation with leadership your opinions may be shunted aside.  Likewise, if the rank and file don’t respect you, you’re not going to be effective with them either.

Next, see where you have support.  If you have it from members of the business unit or leadership, that’s great. But if not, make sure you have it from the Audit Committee.  And, in fact, he advises that job one for a new chief compliance officer is ensuring that there is a compliance charter that includes set reasons when an issue must be reported to the audit committee, and that you cannot be fired without the committee’s approval.

Listen in to learn more from this industry veteran about how to handle potentially career-threatening situations.

Post By: Adam Turteltaub

Many in-house compliance professionals have considered starting their own consulting firm or other compliance-related venture.  In this podcast, we hear from three people who did just that:

* Kirsten Liston

Principal and Founder

Rethink Compliance

* Kirsty Grant-Hart

CEO

Spark Compliance Consulting

* Joe Murphy

Senior Advisor

Compliance Strategist

All three have found success and learned a great deal along the way.  What is clear from their stories is that there is not just one trail to blaze.  In fact, many avenues are available.

However, there are certain commonalities for success.  For example, all three are advocates for thought leadership: sharing your wisdom freely and frequently by writing and speaking.  Networking (and ideally having a good contact management) is also essential.  So, too, differentiating yourself.  It’s not enough just to have worked in compliance.  People need to know what you have to offer and be convinced that you can add value.

Listen is as they share what enabled them to succeed, and some of the mistakes that they made along the way.  It could help you successfully make the leap to your own firm, or make you feel better about staying right where you are.