OFAC’s new  Framework for Sanctions Compliance Programs is a game changer.   When it comes to sanctions compliance programs, most companies are well behind the curve.  OFAC’s new framework raises the bar by creating a well-crafted framework for companies to assess their current program and then re-design important elements to meet OFAC’s standards.    To the extent that a company’s sanctions compliance program operates as part of an overall...

An audit program of a company’s internal investigation function provides valuable insights for its internal investigation program and the company’s overall ethics and compliance program.  It is a critical part of ensuring that a companies speak up culture is adequately supported and promoted by an efficient and reliable internal investigation function. A company learns a lot about its overall operations from its employee complaints and...

As an initial step, an audit of an internal investigation program requires a detailed understanding of the operation of a company’s internal investigation program.  In crafting the audit, the first step is to define the relevant universe of investigations.  The audit scope will depend on the number of investigations to be review based on the number of investigations and the years to be reviewed.  Assuming...

In the compliance idea marketplace, there has been an increased focus on the importance of maintaining an organization’s speak up culture and the importance of a reliable and efficient internal investigation program.  From a practical standpoint, if a company has a defective program for encouraging reporting, and conducting timely and efficient investigations, the company is likely to suffer from some serious breakdowns in conduct and...

Companies are starting to understand that an effective internal investigation program is a critical function to promote a speak up culture.  A company that has a dysfunctional internal investigation program will find it difficult to prevent and detect misconduct.  To this end, companies have to commit to a multi-step review and improvement process for its internal investigation program.  This is an exercise that is limited...

Webinar: ITAR Compliance — Navigating Complex Risks June 5, 2019, 12 Noon EST Sign Up HERE Companies subject to the International Traffic in Arms statute and regulations, face increasing enforcement and compliance risks. The US Department of Justice and the State Department have increased enforcement and demanded greater compliance efforts. Companies that are involved with “defense articles” and “defense services” have to be vigilant in...

With the growth of the compliance profession and the importance of compliance functions as part of corporate governance, there has been a significant increase in the quantity and quality of compliance studies and surveys.  It takes time to keep up with all the compliance information being developed and released. Here is a quick summary with links to some important new publications in this area: LRN’s...

We are living in rapidly changing times.  I know it sounds trite but it is amazing when you witness rapid innovation and change.  Even in our narrow corner of life involving ethics and compliance, we can see change occurring right before our eyes. When you review due diligence and third-party risk management, there has certainly been significant advances in capabilities to identify risks, uncover relevant...

All you need in this life is ignorance and confidence, and then success is sure. Mark Twain People are good at convincing themselves that everything is okay, despite troubling indications.  Sometimes it is easier to ignore warning signs than to face the harsh reality.  It is really a part of the human condition – we fail to intervene or take action unless required to do...

Company managers are the lynchpin of a corporate compliance program.  Without belaboring the Tinkers to Evers to Chance baseball analogy, a corporate culture of compliance requires an important information and accountability flow (or cascade) from leadership to senior managers to on-the-ground managers.  It is at this level that the compliance message requires effective communications and conduct by managers directly to employees.  This is where the...