Tagged: Chief Compliance Officer

Should the Definition of “Foreign Official” Matter?

Lauren Connell, Managing Associate at The Volkov Law Group, rejoins us with this posting.  Lauren can be reached at lconnell@volkovlaw.com.  Her profile is here. FCPA practitioners are familiar with the term “public international organization” as included in the definition of “foreign official” for FCPA liability purposes but do we really know what the term means? Recent activity in an enforcement action for allegedly bribing a...

Compliance 2.0 and Trends: Culture and Technology

Compliance has to continuously improve – as companies innovate, so do critical foundation functions like compliance. The forces of change on corporate governance and compliance were unleashed years ago. There is no way to put the genie back in the bottle – the wave is continuing to grow and so long as corporate misconduct continues, corporate compliance will continue to reinvent itself in new ways....

Turning the CEO Around: How to Make Sure the CEO Embraces Ethics and Compliance

Your CEO is either on board for compliance, or he/she is not. There is no half-way mark here, no way to deceive or soft-shoe your way through the compliance requirement. Yet it is common to see a CEO who is not committed and a Chief Compliance Officer who is in denial and points to half-hearted steps to justify their own self-deception. CCOs need to take...

Does Training + Code of Ethics = Culture of Ethics?

Complacency in compliance is a cancer on a company’s culture. Woody Allen said it best in Annie Hall: A [compliance program] relationship, I think, is like a shark. You know? It has to constantly move forward or it dies. And I think what we got on our hands is a dead shark. Here is the video clip of the scene: here When a Chief Compliance...

New “Guidance” from DOJ on Compliance

I am a positive person (anyone who has to say that raises doubts). At least I like to think I am. I am not yet sold on the wisdom of DOJ’s hiring of a compliance counsel. Frankly, I have a lot more respect for the knowledge and experience of line prosecutors at DOJ and their supervisors on this issue – they know and understand compliance...

Defining a Corporate Culture of Ethics and Compliance

Some things are easy to define by negative inferences. Corporate ethics or business ethics are not the same as legal ethics. Business ethics are not the same as our philosophy ethics – Aristotle and all of the classic philosophers were not operating in a corporate context. Some things require a positive definition. To bring about real change in the area of business ethics, a clear...

Culture Caution: Should You Accept a New Job as a CCO at a Company?

Before a Chief Compliance Officer accepts a new position with a company, a potential CCO should conduct his/her own “due diligence” of the prospective employer. A company without a corporate culture of ethics and compliance can pose serious challenges for CCOs seeking to implement an effective ethics and compliance program. In the absence of a real commitment from the board and the CEO, a CCO...

Reinvigorating Corporate Board Governance to Embed a Culture of Ethics and Compliance

“It is Time” – Rafiki, The Lion King Corporate scandals continue to rack up – I am not just blowing smoke on this fact. Corporate boards are under greater scrutiny but the hardest place to bring reform is the corporate boardroom. Old institutions do not change quickly and there is an inherent resistance to change when it comes to a corporate boardroom. The old dynamic...

Asking the Right Questions: How to Measure Corporate Culture

As a federal prosecutor with lots of trial experience, I generally know what questions to ask a witness or a defendant.  In the compliance arena, there is much more leeway in how and what questions you ask. Many companies conduct employee surveys. These surveys are usually administered by human resources across the organization every year or two. I do not oppose these surveys but recommend...

Five Requirements for Organizational Justice

Ethical companies, by definition, have a robust system for internal organizational justice. A company that suffers from unequal treatment of similarly situated executives, managers, and employees cannot maintain an ethical culture. Unequal justice will undermine  employee morale, reporting of misconduct, and overall productivity rapidly. Cynicism breeds contempt, and there is nothing like employee discontent when it comes to the sustainability of corporate productivity. To ensure...