Today’s General Counsel: White Collar Crooks Share Certain Characteristics
DOJ Refines Monitorship Policies
Ultimately, a monitor should benefit the company, its employees, shareholders, and the public by effectively furthering the goal of preventing and detecting future misconduct.
How Tight is Your Grip on Cash?
FCPA - Cash, Bribes, and the “Four Eyes Principle”
News Release: Baker Tilly Strengthens Growing Forensic Litigation Valuation Services Practice with Addition of Industry Leader Jonathan T. Marks
FCPA Settlement - Petrobras Board Involved
Perfect Place Syndrome and the 10-80-10 Rule to Ethics
At some point it appears there was a human behavior theory that was possibly applied to fraud risk management and the 10-80-10 Rule to Ethics was born.This theory is based on the assumption that 10 percent of the people are ethical all of the time, 80 percent could behave unethically depending on the situation or the pressure(s) being applied, and 10 percent have no or a severely broken moral compass and will pounce on opportunities to commit fraud.
IIA Philadelphia Fraud Symposium - Hold the Date! March 22, 2019, at Exelon’s Energy Hall
“Trust is a professional hazard...verify”
Putting the Freud in Fraud - Part One
Fraud Tip Friday: Where did the Data come from?
Fraud Tip Friday: Concealment
Internal Control Defined and Some Guidance
Compliance officers talk about controls constantly. Effective controls are the lifeblood of what makes a compliance program work. Most of us can rattle off examples of controls, or recognize a control when we see one. So my fellow speaker asked the audience: What is a control? Nobody dared answer. We all, me included, were suddenly uncertain that we could define a control correctly. The speaker who posed this question is Jonathan T. Marks, partner at Baker Tilly and a prolific thinker on all things forensics, audit, and internal control. Lately Marks has been asking audit and compliance audiences to define a control — and to his dismay, most people can’t.Read Marks’ definition of internal control.
(Advanced) Meta-model of Fraud - Two triangles combine for better fraud case comprehension
The Fraud Triangle is tried and true, but we might need more to understand our cases. The authors describe a “meta-model of fraud” that combines the “why-based” Fraud Triangle with the “what-based” Triangle of Fraud Action to better explain fraud cases. We might never know exactly why fraudsters commit crimes, but we can always gather facts and evidence to help prevent and deter fraud.
How GDPR Could Impact Whistleblowers and the Ethics Hotline
Surviving a Restatement: Ten Pitfalls
The audit committee plays an important role in navigating a restatement...
Structural Integrity! Chief Compliance Officer v. General Counsel - Should They Be Separate?
Lack of separation of the CHIEF COMPLIANCE OFFICER and the GENERAL COUNSEL has been cited as a cause of numerous corporate failures. In fact, separation is now the norm in Health Care organizations. In spite of numerous recommendations to separate the two functions, there is general agreement that the roles are closely related and frequent collaboration is required.The issues relating to separation of the CHIEF COMPLIANCE OFFICER and the GENERAL COUNSEL are most often discussed in terms of the differences in their roles (below).