The proper balance in corporate prosecutions remains a tricky issue. On the one hand, many argue that large fines and penalties against corporations are needed to deter criminal conduct, while others contend that...more
Chief compliance officers rely on several important sources for feedback — internal data and communications (reviews with board, senior managers, employees); and benchmarking against comparable organizations. An internal...more
You can always count on LRN. No ifs, ands or buts, LRN continues to issue the highest-quality and most meaningful research and guidance on ethics and compliance programs. LRN digs in to ask the hard questions, measures...more
For some reason, many companies do not include Ethics in the title of the CCO but expect the CCO to assume responsibility for a company’s ethical culture. Well, it is high time for companies to confirm this important...more
As we enjoy the remainder of the summer and get ready to launch into a new fall season (no, not football) but a time for renewal and recommitment, this may be a good opportunity to examine and analyze your own compliance...more
As Supreme Court Justice Potter Stewart eloquently opined in Jacobellis v. Ohio (1964), on the legal definition of obscenity, “I know it when I see it.” This same test applies to other issues as well — when it comes to an...more
There are lots of sources for compliance guidance — prosecutors, regulators, compliance organizations, and many others have set forth important and valuable guidance for the design and implementation of an effective ethics...more
OK, I admit it. I have been — and continue to be– hyper-focused on the proper role and responsibilities for Chief Compliance Officers. Not that I see any cause for alarm, but it is easy to lose focus in the sea of so-called...more
Let me paint a picture for you. It is not pretty. Unfortunately, this picture occurs all too often in the corporate governance landscape. ...more
Let me start with yet another profound grasp of the obvious — leadership requires many important interpersonal and intellectual capabilities. I do not intend to list the important ones right now but leadership requires an...more
It is hard to follow all the news, events and political trends across the globe. To the regular observer, the ability to identify, measure and respond to evolving risks has become more chaotic and near impossible. Risks are...more
NAVEX recently released its annual Hotline and Incident Management Report. Given NAVEX’s strong position in the hotline service market, NAVEX has access to a large volume of reporting data. As a result, its annual report is...more
The Justice Department has resumed FCPA enforcement with a bang. The new enforcement approach has been unveiled and the message for CCOs and corporate business leaders is clear — anti-corruption compliance should be a...more
6/6/2022
/ Anti-Corruption ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Ethics ,
Foreign Corrupt Practices Act (FCPA) ,
Settlement Agreements ,
Spoofing ,
White Collar Crimes
The evolution in the global economy is raising challenges for anti-corruption compliance. In response to economic dislocations and disruptions stemming from the COVID-19 pandemic and Russian invasion of Ukraine, businesses...more
5/26/2022
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corruption ,
Ethics ,
Exports ,
Global Market ,
Imports ,
Military Conflict ,
Russia ,
Supply Chain ,
Ukraine ,
White Collar Crimes
While I have devoted the first two postings to outlining all the downside risks of third-party management and threats to overall organization resiliency and operations, it is important to consider the positive upside of...more
The Stericycle FCPA case is yet another example of a complete culture and compliance breakdown. As I often repeat myself, there is no more important control than an ethical culture. When a culture veers into the unethical...more
The Biden Administration’s Department of Justice has promised aggressive white collar enforcement. On the flip side, the DOJ has recognized the importance of effective ethics and compliance programs. In an interesting...more
The rise of ESG programs did not just come out of thin air. Frankly, in many respects, ESG tied together important trends relating to sustainability, social justice, reputational damage and climate change. Many...more
LRN conducts an annual Ethics and Compliance Program Effectiveness Report (“LRN Report”) that is a must-read for business leaders, managers, investors, compliance professionals and other stakeholders. LRN’s annual report has...more
Chief compliance officers have a difficult job (to say the least). If everything goes well, they are hailed as heroes. If a major problem occurs, everyone looks to the CCO to find out why the problem occurred. In the...more
One of my favorite New Year postings is under the title of “Person” of the Year. In the past, I have singled out the Chief Compliance Officers, Chief Ethics Officers, Prosecutors, and Whistleblowers....more
The success of an ethics and compliance program depends on the support of internal partnership functions – human resources, security, IT, legal, finance, procurement, ESG and others. Given this reality, ethics and compliance...more
Ethics and compliance professionals believe in their mission – if they did not, they would not be in the field. E&C professionals believe in the power of positive thinking, ethical conduct, and in the overall ability of an...more
A targeted employee survey program requires careful planning and communications prior to launching the survey program. Employee engagement in response to a specific survey requires transparent and robust explanations and...more
Chief compliance officers play a key role in managing a company’s ethical culture. Most companies fail to pay proper attention to its culture because it is difficult to define, measure and monitor. Such an approach is...more