Compliance, Control, COSO, DOJ, Enterprise Risk Resili..., Fraud and Forensic Inv..., Internal Audit, Internal Controls, Policies and Procedures, Process Improvement, Regulatory, Risk, Sarbanes-Oxley, SEC Jonathan T. Marks Compliance, Control, COSO, DOJ, Enterprise Risk Resili..., Fraud and Forensic Inv..., Internal Audit, Internal Controls, Policies and Procedures, Process Improvement, Regulatory, Risk, Sarbanes-Oxley, SEC Jonathan T. Marks

Internal Controls - A Process to Help Ensure Internal Controls are Designed Consistently and Appropriately

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Board of Directors, Caremark, Compliance, Directors, DOJ, Governance, NACD, Sarbanes-Oxley, SEC, Skepticism, White Collar Crime Jonathan T. Marks Board of Directors, Caremark, Compliance, Directors, DOJ, Governance, NACD, Sarbanes-Oxley, SEC, Skepticism, White Collar Crime Jonathan T. Marks

Ethics and Compliance: Active Board Involvement Is a Must

Establishing and supporting a corporate compliance program is widely recognized as one of the fundamental responsibilities of a corporate board of directors. But merely seeing that there is a compliance program in place is by no means an adequate effort. The Board must also actively oversee that function.
Active oversight is essential if a company’s business plan includes strategies, practices, or other elements that could be considered high-risk. Such situations call for even more involvement and active engagement by the Board.

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DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Fraud and Forensic Inv..., Global, Risk, SEC, Whistleblower, White Collar Crime Jonathan T. Marks DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Fraud and Forensic Inv..., Global, Risk, SEC, Whistleblower, White Collar Crime Jonathan T. Marks

Red Flags That May Indicate You Might be at Risk of Violating FCPA

In 2020, the DOJ and SEC brought FCPA enforcement actions against 12 companies and imposed financial penalties totaling a record $6.4 billion. For a comparison, in 2019, 14 companies paid a (then) record $2.9 billion to resolve FCPA cases.Are you exposed?

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Enforcement, Fraud and Forensic Inv..., SEC, White Collar Crime Jonathan T. Marks Enforcement, Fraud and Forensic Inv..., SEC, White Collar Crime Jonathan T. Marks

SEC’s Enforcement Powers Increase!

In summary, The Amendments double the SEC’s statute of limitations for disgorgement to 10 years in intentional fraud cases, grant the SEC 10 years to seek equitable relief in all cases, codify the SEC’s ability to obtain disgorgement in federal court proceedings, and make other changes that expand the SEC’s enforcement authority.

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ACFE, AICPA, Anti-fraud, Baker Tilly, Bank Secrecy Act, Board of Directors, Books and records, Bribery, Business Intelligence, Compliance, Culture, Disclosure, Dodd-Frank, DOJ, Enforcement, Enterprise Risk Resili..., Ethics, Evidence, False Claims Act, FCPA, Federal Sentencing Gui..., Foreign Corrupt Practi..., Forensic Accounting, Forensically Speaking, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Fraud Risk Management, Fraud Task Force, General Counsel, Governance, GRC, Hotline, IIA, Internal Audit, Internal Control Defic..., Internal Controls, Jonathan T- Marks, Kickbacks, KYC, Leadership, Legal, Management Override, Money Laundering, Monitoring, NACD, Not for Profit, OFAC, Policies and Procedures, Process Improvement, Qui Tam, RegTech, Regulatory, Remediation, Remote Internal Invest..., Remote Investigations, Risk Assessment, Risk factors, Risk Management, Risk-focused, Root Cause, Sarbanes-Oxley, SEC, Third Party, Thought Leadership, Webinar, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, AICPA, Anti-fraud, Baker Tilly, Bank Secrecy Act, Board of Directors, Books and records, Bribery, Business Intelligence, Compliance, Culture, Disclosure, Dodd-Frank, DOJ, Enforcement, Enterprise Risk Resili..., Ethics, Evidence, False Claims Act, FCPA, Federal Sentencing Gui..., Foreign Corrupt Practi..., Forensic Accounting, Forensically Speaking, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Fraud Risk Management, Fraud Task Force, General Counsel, Governance, GRC, Hotline, IIA, Internal Audit, Internal Control Defic..., Internal Controls, Jonathan T- Marks, Kickbacks, KYC, Leadership, Legal, Management Override, Money Laundering, Monitoring, NACD, Not for Profit, OFAC, Policies and Procedures, Process Improvement, Qui Tam, RegTech, Regulatory, Remediation, Remote Internal Invest..., Remote Investigations, Risk Assessment, Risk factors, Risk Management, Risk-focused, Root Cause, Sarbanes-Oxley, SEC, Third Party, Thought Leadership, Webinar, Whistleblower, White Collar Crime Jonathan T. Marks

Still time to join us on February 23-25! Baker Tilly’s 1st Annual Virtual Fraud and Compliance Summit

We are introducing our first annual virtual Baker Tilly Fraud and Compliance Summit, hosted by Jonathan T. Marks, who leads Baker Tilly’s Global Forensic, Compliance, and Integrity Services Practice.

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AMLA, Bank Secrecy Act, Board of Directors, Chief Compliance Officer, Chief Legal Counsel, Compliance, Corporate Transparency, Data, Data Analytics, Directors, DOJ, Enforcement, FinCen, Fraud and Forensic Inv..., KYC, Money Laundering, OSHA, Policies and Procedures, Risk, Risk Assessment, Risk-focused, SEC, Shell Company, Tips, Whistleblower, White Collar Crime Jonathan T. Marks AMLA, Bank Secrecy Act, Board of Directors, Chief Compliance Officer, Chief Legal Counsel, Compliance, Corporate Transparency, Data, Data Analytics, Directors, DOJ, Enforcement, FinCen, Fraud and Forensic Inv..., KYC, Money Laundering, OSHA, Policies and Procedures, Risk, Risk Assessment, Risk-focused, SEC, Shell Company, Tips, Whistleblower, White Collar Crime Jonathan T. Marks

Transparency! The New Anti-Money Laundering Act (AMLA)

On December 11, 2020, the Senate passed the Anti-Money Laundering Act of 2020 (“AMLA” or the “Act”) - DIVISION F of the National Defense Authorization Act for the fiscal year 2021 (the “NDAA”). The House of Representatives had previously passed the measure on December 8, 2020.

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10-80-10, 10-A, 3 Lines, ACFE, AICPA, Analytics, Anti-fraud, Antitrust, Audit, Audit Committee, Automation, Baker Tilly, Blockchain, Board of Directors, Books and records, Bribery, Business Intelligence, Caremark, Cash, Chief Audit Executive, Chief Compliance Officer, Chief Legal Counsel, Colleges and Universities, Collusion, Compliance, Compliance Coordinator, Conflict of Interest, Continuous Auditing, Continuous Monitoring, Control, Control Environment, Coronavirus, Corporate Fraud, Corruption, COSO, Court, COVID -19, Crisis, Crisis Management, Critical Audit Matters, Cross Border Investiga..., Cryptocurrency, Culture, Culture Assessment, Cyber, Damages, Data, Data Analytics, Data Integrity, Directors, Disclosure, Dodd Frank, Dodd-Frank, DOJ, Due Diligence, Dunning Kruger, Enforcement, Enterprise Risk Resili..., Enterprise Risk Resili..., EQS, ERM, Ethics, Evidence, Exit Interview, Fake Invoices, False Claims Act, FCPA, Federal Sentencing Gui..., Financial reporting an..., FinCen, Food Safety, Foreign Corrupt Practi..., Forensic Accounting, Forensically Speaking, Four eyes approval, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Fraud Risk Management, Fraud Task Force, Fraud Triangle, GAAP, GDPR, General Counsel, Gifts, Global, Governance, GRC, Guidance, Hidden Assets, Hotline, IDORP, IIA, IIA Philadelphia, IIOT, Impairment, Initial Coin Offering, Insider Trading, Internal Audit, Internal Control Defic..., Internal Controls, Interview, Investigations, Jonathan T- Marks, Judgment and Estimates, Keyword, Kickbacks, Leadership, Legal, Lessons Learned, Management Override, Materiality, MD&A, Money Laundering, Monitor, Monitoring, Monitorship, NACD, Nonprofit, Not for Profit, OFAC, Office of Foreign Asse..., Oversight, Phishing, Podcast, Policies and Procedures, Process Improvement, Proxy, Qui Tam, ransom, Ransomeware, Red Flag, RegTech, Regulatory, Related Party, Remediation, Remote Internal Invest..., Remote Investigations, Reputation, Restatement, Risk, Risk Assessment, Risk factors, Risk Management, Robotic, Root Cause, Sampling, Sarbanes-Oxley, Seaboard, SEC, Shell Company, Skepticism, Slush Fund, Supreme Court, Tax, Tax Fraud, Technology, Theft, Third Party, Thought Leadership, Three Lines, Three Lines of Defense, Tips, tone at the top, Tone from the Top, Training, Treasury, Triage, Uncategorized, Values, Webinar, Whistleblower, White Collar Crime, Yellow Flag Jonathan T. Marks 10-80-10, 10-A, 3 Lines, ACFE, AICPA, Analytics, Anti-fraud, Antitrust, Audit, Audit Committee, Automation, Baker Tilly, Blockchain, Board of Directors, Books and records, Bribery, Business Intelligence, Caremark, Cash, Chief Audit Executive, Chief Compliance Officer, Chief Legal Counsel, Colleges and Universities, Collusion, Compliance, Compliance Coordinator, Conflict of Interest, Continuous Auditing, Continuous Monitoring, Control, Control Environment, Coronavirus, Corporate Fraud, Corruption, COSO, Court, COVID -19, Crisis, Crisis Management, Critical Audit Matters, Cross Border Investiga..., Cryptocurrency, Culture, Culture Assessment, Cyber, Damages, Data, Data Analytics, Data Integrity, Directors, Disclosure, Dodd Frank, Dodd-Frank, DOJ, Due Diligence, Dunning Kruger, Enforcement, Enterprise Risk Resili..., Enterprise Risk Resili..., EQS, ERM, Ethics, Evidence, Exit Interview, Fake Invoices, False Claims Act, FCPA, Federal Sentencing Gui..., Financial reporting an..., FinCen, Food Safety, Foreign Corrupt Practi..., Forensic Accounting, Forensically Speaking, Four eyes approval, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Fraud Risk Management, Fraud Task Force, Fraud Triangle, GAAP, GDPR, General Counsel, Gifts, Global, Governance, GRC, Guidance, Hidden Assets, Hotline, IDORP, IIA, IIA Philadelphia, IIOT, Impairment, Initial Coin Offering, Insider Trading, Internal Audit, Internal Control Defic..., Internal Controls, Interview, Investigations, Jonathan T- Marks, Judgment and Estimates, Keyword, Kickbacks, Leadership, Legal, Lessons Learned, Management Override, Materiality, MD&A, Money Laundering, Monitor, Monitoring, Monitorship, NACD, Nonprofit, Not for Profit, OFAC, Office of Foreign Asse..., Oversight, Phishing, Podcast, Policies and Procedures, Process Improvement, Proxy, Qui Tam, ransom, Ransomeware, Red Flag, RegTech, Regulatory, Related Party, Remediation, Remote Internal Invest..., Remote Investigations, Reputation, Restatement, Risk, Risk Assessment, Risk factors, Risk Management, Robotic, Root Cause, Sampling, Sarbanes-Oxley, Seaboard, SEC, Shell Company, Skepticism, Slush Fund, Supreme Court, Tax, Tax Fraud, Technology, Theft, Third Party, Thought Leadership, Three Lines, Three Lines of Defense, Tips, tone at the top, Tone from the Top, Training, Treasury, Triage, Uncategorized, Values, Webinar, Whistleblower, White Collar Crime, Yellow Flag Jonathan T. Marks

2020 Top 10 Articles on Fraud, Compliance, and Risk Management

Happy New Year, and thank you to the more than 100,000 people that visited Board and Fraud in 2020!
With everything that happened last year, fraud, compliance, and risk management have arguably become more important than ever.

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Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Corruption, DOJ, FCPA, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, General Counsel, Gifts, Governance, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Legal, SEC Jonathan T. Marks Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Corruption, DOJ, FCPA, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, General Counsel, Gifts, Governance, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Legal, SEC Jonathan T. Marks

SEC & DOJ Release Second Edition of the Resource Guide to the U.S. Foreign Corrupt Practices Act

The SEC and DOJ Resource Guide is intended to provide information for businesses and individuals regarding the U.S. Foreign Corrupt Practices Act (FCPA). The guide has been prepared by the staff of the Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission.The key changes to the Second Edition reflect developments and issues that are well-known to experienced practitioners. Nevertheless, the updated Guide emphasizes the importance of effective (and “adequately resourced”) compliance programs, risk-based diligence efforts, and voluntary self-disclosures.   

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AICPA, Audit Committee, COVID -19, Crisis, DOJ, Forensic Accounting, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Task Force, Risk Management, SEC, White Collar Crime Jonathan T. Marks AICPA, Audit Committee, COVID -19, Crisis, DOJ, Forensic Accounting, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Fraud Task Force, Risk Management, SEC, White Collar Crime Jonathan T. Marks

The Next Level of Investigations

Many investigations are currently being performed remotely, in concert with the general counsel, the chief compliance officer, the chief audit executive, and depending on the how the allegation was triaged, with outside counsel, a forensic accounting firm, and the board.  Even government prosecutors are interviewing witnesses remotely.The primary goal of the interview is to elicit information in a non-coercive manner. My personal preference is always to conduct interviews face to face because I can control the subject and the environment, and evaluate the nonverbal behavior of the interviewee.  But, if performing a face-to-face interview is not possible, I suggest using video over the telephone.This writing provides some suggestions for techniques to consider when conducting internal investigations remotely.

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10-A, Collusion, Compliance, Compliance Coordinator, Corporate Fraud, Data, DOJ, Enforcement, Fraud and Forensic Inv..., Fraud Investigations, Investigations, Keyword, SEC Jonathan T. Marks 10-A, Collusion, Compliance, Compliance Coordinator, Corporate Fraud, Data, DOJ, Enforcement, Fraud and Forensic Inv..., Fraud Investigations, Investigations, Keyword, SEC Jonathan T. Marks

Internal Investigations and Keywords

Investigative search terms are specific to each situation and are a primary tool used by the investigation team to identify possible relevant information in a data set. However, overly broad or poorly chosen terms or keywords can produce excessive and irrelevant results, or worse, miss the  "smoking gun" e-mail or document. Additionally, have you thought about the list of search terms or keywords being privileged or protected opinion work product in the context of an internal investigation?

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ACFE, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis, Crisis Management, Directors, Dodd Frank, Dodd-Frank, DOJ, Ethics, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Risk Management, Governance, Internal Audit, Internal Controls, Investigations, Money Laundering, Risk, Risk Management, Root Cause, SEC, Tone from the Top, Triage, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis, Crisis Management, Directors, Dodd Frank, Dodd-Frank, DOJ, Ethics, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Risk Management, Governance, Internal Audit, Internal Controls, Investigations, Money Laundering, Risk, Risk Management, Root Cause, SEC, Tone from the Top, Triage, Whistleblower, White Collar Crime Jonathan T. Marks

Whistleblowers: Tipsters not trusting the system?

Whistleblowers: Tipsters not trusting the system? Here's how to win them back.Anonymous hotlines and tip-reporting structures are useless, of course, if informants don’t trust them. Employees won’t blow the whistle if they fear reprisals. So, their concerns often don’t enter case-management systems and frauds continue. Here’s how to earn back their trust, take them seriously and transform raw tips into valuable fraud examinations.Ovem lupo commitere!

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ACFE, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Crisis, Crisis Management, Dodd Frank, Dodd-Frank, Ethics, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Risk Management, General Counsel, Governance, Hotline, IIA, Internal Audit, Internal Controls, Investigations, NAVEX, Regulatory, Risk, Risk Assessment, Risk Management, SEC, Training, Triage, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Crisis, Crisis Management, Dodd Frank, Dodd-Frank, Ethics, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Risk Management, General Counsel, Governance, Hotline, IIA, Internal Audit, Internal Controls, Investigations, NAVEX, Regulatory, Risk, Risk Assessment, Risk Management, SEC, Training, Triage, Whistleblower, White Collar Crime Jonathan T. Marks

Whistleblowers: A Fraud Triage System to Manage Burgeoning Caseloads

As the use of whistleblower programs continues to grow, many organizations find themselves struggling to manage burgeoning caseloads. As a result, serious fraud investigations can be delayed (with mounting losses) while less consequential complaints are being investigated. The lack of a timely, systematic, and repeatable process for evaluating and prioritizing whistleblower tips that contain allegations of ethical breaches can also expose an organization to increased regulatory risk. While there is no single “right” method for following up on whistleblower complaints, the most effective approaches often resemble the medical triage programs that hospitals and first responders use to allocate limited resources during emergencies or a crisis situations. Here are some useful guidelines for designing and implementing a fraud triage system.

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Anti-fraud, Audit Committee, Baker Tilly, Board of Directors, Books and records, Bribery, Coronavirus, Corporate Fraud, COVID -19, Crisis Management, ERM, Financial reporting an..., Forensic Accounting, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Governance, GRC, Guidance, Internal Control Defic..., Internal Controls, MD&A, Process Improvement, Regulatory, Risk factors, SEC, Training, Triage Jonathan T. Marks Anti-fraud, Audit Committee, Baker Tilly, Board of Directors, Books and records, Bribery, Coronavirus, Corporate Fraud, COVID -19, Crisis Management, ERM, Financial reporting an..., Forensic Accounting, Fraud, Fraud and Forensic, Fraud and Forensic Inv..., Fraud Investigations, Governance, GRC, Guidance, Internal Control Defic..., Internal Controls, MD&A, Process Improvement, Regulatory, Risk factors, SEC, Training, Triage Jonathan T. Marks

COVID-19 - Coronavirus: Crisis Management, Business Continuity, Fraud, and More!

Crisis Management: Some of the biggest mistakes made when handling a crisis are not dealing with the problem head-on, thoughtless or insincere comments, lack of communication with stakeholders, unprepared spokespeople, getting defensive after receiving backlash, or, sitting back and letting the problem grow. Domino’s, Sony, Samsung, BP, United Airlines, Equifax, KFC, are all good examples of companies who stumbled with crisis management. Companies should study these crises and learn from the mistakes!In addition, fraud, compliance, and integrity risks may change. A crisis situation can and often does increase the pressure on senior management and of course salespeople to meet their sales targets! Deviant behavior is easily justified.

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Anti-fraud, Audit, Audit Committee, Baker Tilly, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Corruption, Culture, Culture Assessment, Data Analytics, Directors, DOJ, Ethics, FCPA, Forensic Accounting, Fraud and Forensic, Fraud Investigations, Fraud Pentagon, Fraud Risk Management, General Counsel, Global, Governance, IIA, IIA Philadelphia, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Jonathan T- Marks, Management Override, Money Laundering, Policies and Procedures, Process Improvement, Red Flag, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Technology, Theft, Third Party, Tone from the Top, Training, Triage, Values, White Collar Crime Jonathan T. Marks Anti-fraud, Audit, Audit Committee, Baker Tilly, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Corruption, Culture, Culture Assessment, Data Analytics, Directors, DOJ, Ethics, FCPA, Forensic Accounting, Fraud and Forensic, Fraud Investigations, Fraud Pentagon, Fraud Risk Management, General Counsel, Global, Governance, IIA, IIA Philadelphia, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Jonathan T- Marks, Management Override, Money Laundering, Policies and Procedures, Process Improvement, Red Flag, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Technology, Theft, Third Party, Tone from the Top, Training, Triage, Values, White Collar Crime Jonathan T. Marks

IIA Philadelphia and Baker Tilly’s Fraud & Ethics Symposium is Postponed! Stay tuned for the new date.

This one-day fraud symposium, sponsored by Baker Tilly's Global Forensic, Compliance and Integrity Services, and Solutions Practice Group and hosted by the Institute of Internal Auditors, Philadelphia Chapter, will include topics such as:•Culture•Current trends in white-collar crime•Tone is the middle•Policy management•Case study on a local fraudDiscover who will be speaking and register for the event!

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Blockchain, Cryptocurrency, Fraud, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Initial Coin Offering, SEC Jonathan T. Marks Blockchain, Cryptocurrency, Fraud, Fraud and Forensic Inv..., Fraud Investigations, Fraud Pentagon, Initial Coin Offering, SEC Jonathan T. Marks

Five Men Indicated for Worldwide Cryptocurrency Fraud Scheme

On December 10, 2019, three men were arrested in connection with an alleged $722 million cryptocurrency mining fraud scheme.  An additional defendant was arrested following the Department of Justice’s press release, and another remains at large.From April 2014 through December 2019, Defendants solicited investments in its BitClub Network, a purported bitcoin mining pool that was operated by Defendants.  They are charged with exploiting unsophisticated investors with “false promises of large returns for investing in the mining of Bitcoin.”  The “complex world of cryptocurrency” allowed Defendants to take advantage of investors, which Defendant Matthew Brent Goettsche referred to as “dumb” investors, “sheep,” and “morons.”  Defendants manipulated the daily mining earnings amounts reported to investors in order to attract new investors and to encourage reinvestment of earnings, amassing at least $722 million in ill-gotten gains.Read more to better understand how others exploit this perplexing concept, what the SEC has to say about the matter, and what the consequences are.

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