Compliance Perspectives

By Adam Turteltaub

In November 2018 Gerry Zack assumed the CEO role of the Society of Corporate Compliance and Ethics and Health Care Compliance Association.  It was the culmination of a well-choreographed and seamless transition between Gerry and long-time CEO Roy Snell.

Now that Gerry fully has the reigns of the organization he sat down in the podcast to discuss what he has learned about the association, the state of the compliance profession, vision for the next few years, and what the association will be bringing our members.  He also shares what not to expect from SCCE and HCCA:  a decrease in our commitment to customer service.

Listen in to learn about what he has seen and what he sees coming as we strive to meet the needs of the fast-changing and very diverse compliance and ethics community, including changes to the magazines and websites, new digital publications and more.

By Adam Turteltaub

In many parts of the world, the giving and receiving of gifts is a normal business practice.  The challenge is that gift giving can pose significant risk and constitute a violation of the US Foreign Corrupt Practices Act (FCPA) or UK Bribery Act.

There is also great risk in the paying of facilitation payments for routine services.  They may be permissible under the FCPA but not under the Bribery Act.

So, what to do?

Alexandra Wrage, the founder and President of TRACE International advises extreme caution, for one.  Both gift giving and paying facilitation payments are better avoided.

If gifts must be given, she recommends developing simple, clear-cut guidance and to make it available online 24/7 so that employees have the policy direction they need at the time that they need it.  Pre-approved gifts can help make things even simpler and safer.

When it comes to facilitation payments, simpler is better and the simplest rule of all – don’t pay them, period – is likely best.  If the company has been making payments, stopping abruptly may be problematic, she warns.  It can be better to give everyone involved advanced warning to enable a smoother transition.

Listen in to her podcast to learn more about these two risky areas for global operations.

By Adam Turteltaub

In many parts of the world, the giving and receiving of gifts is a normal business practice.  The challenge is that gift giving can pose significant risk and constitute a violation of the US Foreign Corrupt Practices Act (FCPA) or UK Bribery Act.

There is also great risk in the paying of facilitation payments for routine services.  They may be permissible under the FCPA but not under the Bribery Act.

So, what to do?

Alexandra Wrage, the founder and President of TRACE International advises extreme caution, for one.  Both gift giving and paying facilitation payments are better avoided.

If gifts must be given, she recommends developing simple, clear-cut guidance and to make it available online 24/7 so that employees have the policy direction they need at the time that they need it.  Pre-approved gifts can help make things even simpler and safer.

When it comes to facilitation payments, simpler is better and the simplest rule of all – don’t pay them, period – is likely best.  If the company has been making payments, stopping abruptly may be problematic, she warns.  It can be better to give everyone involved advanced warning to enable a smoother transition.

Listen in to her podcast to learn more about these two risky areas for global operations.

By Adam Turteltaub

We hear a lot these days about Artificial Intelligence (AI), machine learning and all that it can do.  But it’s hard to understand what’s real and what isn’t.

Christian Focacci, Vice President, Offering Management at Steele Compliance Solutions, sat down and demystified AI for compliance professionals.  In this conversation he explains:

* What AI is, and does so in easy-to-understand terms

* The limits of AI: it’s more about making a lot of simple decisions quickly than a few, nuanced decisions

* The challenges of gathering sufficient data to fuel an AI initiative and how to overcome them

* How to use AI to detect patterns, in third-party vetting and even in reviewing your policies

* What to watch out for when a vendor promises you that AI can solve your problems

The podcast is full of good advice for compliance and will help you better understand the broader conversation about the role of AI.

Listen in to raise your intelligence about Artificial Intelligence.

By Adam Turteltaub

We hear a lot these days about Artificial Intelligence (AI), machine learning and all that it can do.  But it’s hard to understand what’s real and what isn’t.

Christian Focacci, Vice President, Offering Management at Steele Compliance Solutions, sat down and demystified AI for compliance professionals.  In this conversation he explains:

* What AI is, and does so in easy-to-understand terms

* The limits of AI: it’s more about making a lot of simple decisions quickly than a few, nuanced decisions

* The challenges of gathering sufficient data to fuel an AI initiative and how to overcome them

* How to use AI to detect patterns, in third-party vetting and even in reviewing your policies

* What to watch out for when a vendor promises you that AI can solve your problems

The podcast is full of good advice for compliance and will help you better understand the broader conversation about the role of AI.

Listen in to raise your intelligence about Artificial Intelligence.

By Adam Turteltaub

When considering whether or not to make a disclosure to a regulator, legal considerations typically dominate.  Beth Socoski, Senior Manager at WellCare Health Plans, argues that one other key factor needs to be considered:  the impact on corporate culture.

In this podcast, she argues that disclosures are an opportunity to demonstrate to employees the organization’s commitment to a culture of integrity.  It’s an opportunity to demonstrate that the company doesn’t just talk the talk; it also walks the walk.

There are also enormous benefits to disclosures, she explains, when working with regulators.  Given that incidents are bound to occur in any business, regulators are likely to be skeptical if you have none to report.  By reporting issues and what you have done to resolve them, you prove to regulators your organization’s commitment to compliance.

Of course, just making the disclosure is not enough.  It’s essential to conduct a root cause analysis and address the underlying issue.  It’s also essential, especially for larger issues, to think through the communications plan to the staff and the timetable for implementing any changes to policies and procedures.

Spend some time listening to what she has to disclose about disclosures.

By Adam Turteltaub

When considering whether or not to make a disclosure to a regulator, legal considerations typically dominate.  Beth Socoski, Senior Manager at WellCare Health Plans, argues that one other key factor needs to be considered:  the impact on corporate culture.

In this podcast, she argues that disclosures are an opportunity to demonstrate to employees the organization’s commitment to a culture of integrity.  It’s an opportunity to demonstrate that the company doesn’t just talk the talk; it also walks the walk.

There are also enormous benefits to disclosures, she explains, when working with regulators.  Given that incidents are bound to occur in any business, regulators are likely to be skeptical if you have none to report.  By reporting issues and what you have done to resolve them, you prove to regulators your organization’s commitment to compliance.

Of course, just making the disclosure is not enough.  It’s essential to conduct a root cause analysis and address the underlying issue.  It’s also essential, especially for larger issues, to think through the communications plan to the staff and the timetable for implementing any changes to policies and procedures.

Spend some time listening to what she has to disclose about disclosures.

By Adam Turteltaub

Compliance can be a lonely job, but it’s best not done alone.  Working with other departments is essential for a program to be successful.

Lauren Connell, the Director, Compliance & Integrity at Nielsen, has found a few keys for making cross-functional partnerships work.

First, she advises in the podcast (and for SCCE members in the December issue of Compliance & Ethics Professional magazine), identify which departments are most important for your work.  HR, internal audit and finance have been crucial for her since they are very much aligned with compliance.

To forge a relationship, she recommends beginning by offering to provide training on a topic that would be relevant to that function.  It’s a good way to demonstrate the value compliance provides, and you can demonstrate your understanding of what’s important to them.

Once the relationship has started, she counsels to keep it healthy by focusing on common goals and, not just asking for help, but providing it as well.  In addition, she advises avoiding turf battles by respecting boundaries and by keeping lines of communications open all the time, not just when there is a crisis.

Listen in to learn more about how to strengthen your compliance department’s partnerships with everyone from HR to sales.

By Adam Turteltaub

Compliance can be a lonely job, but it’s best not done alone.  Working with other departments is essential for a program to be successful.

Lauren Connell, the Director, Compliance & Integrity at Nielsen, has found a few keys for making cross-functional partnerships work.

First, she advises in the podcast (and for SCCE members in the December issue of Compliance & Ethics Professional magazine), identify which departments are most important for your work.  HR, internal audit and finance have been crucial for her since they are very much aligned with compliance.

To forge a relationship, she recommends beginning by offering to provide training on a topic that would be relevant to that function.  It’s a good way to demonstrate the value compliance provides, and you can demonstrate your understanding of what’s important to them.

Once the relationship has started, she counsels to keep it healthy by focusing on common goals and, not just asking for help, but providing it as well.  In addition, she advises avoiding turf battles by respecting boundaries and by keeping lines of communications open all the time, not just when there is a crisis.

Listen in to learn more about how to strengthen your compliance department’s partnerships with everyone from HR to sales.

By Adam Turteltaub

Heidi Rudolph, Managing Director at Morae Global, has spent a great deal of time considering technology’s role, risks, and rewards for compliance teams.  She contributed an article on the subject to the newly released Complete Compliance and Ethics Manual, and also spent some time talking about it on this podcast.

As we all know technology holds great promise for compliance.  It can help automate tasks, provide audit trails and train the workforce.  But not every organization needs the same technology solutions or can afford them.

For smaller firms, Heidi recommends beginning with:  a helpline, case management tool, and e-learning.  These typically come from outside vendors but should be supplemented with internal resources such as a good intranet site and an online code of conduct.

For larger companies, and those with more advanced programs she has a somewhat surprising recommendation:  start focusing on your graphics and design to ensure that your compliance communications look as professional as the rest of the company’s efforts.  In addition, she recommends taking advantage of tools for managing gifts and entertainment, conflicts of interest, policy management, and more.

But no matter what the size of your program, also learn about the technology the rest of your organization is using.  There is potential risk there, especially when consumer data is collected.

Listen in here, and if you’re interested in learning more, check out the latest edition of the Complete Compliance and Ethics Manual.