The Role of the Board of Directors in Compliance Oversight
Under the U.S. Federal Sentencing Guidelines, in order to receive credit for having an effective compliance program, and thereby reduce the fines imposed on the organization, a Board of Directors must be “knowledgeable about the content and operation of the compliance and ethics program,” and must “exercise reasonable oversight with respect to the implementation and effectiveness of the compliance and ethics program.” In addition, in criminal actions against a business organization, including the FCPA, the DOJ’s Justice Manual instructs prosecutors to ask and answer several questions, including: 1) Do the Directors exercise independent review of the company’s compliance program? and 2) Are Directors provided timely and accurate information sufficient to enable the exercise of independent judgment?
The Compliance Shift - Now for Tomorrow!
Where is compliance headed in the 2020’s? Certainly, technological solutions will be a big part of the future of compliance programs and controls. Compliance is rapidly emerging and being viewed as a critical business process. Moving away from the days in which it was driven by legalese and where lawyers are responsible for crafting compliance policies and procedures. These advances provide opportunity for innovation, and enable compliance to recede from being viewed as a cost center led by the “head of business denial”, to being viewed as value added function to the business. Simply put, a more effective compliance program contributes to more efficient business processes, which leads to greater profitability.
Fraud, Compliance & Integrity Risk During a Crisis and a Downturn
As a crisis unfolds, like Coronavirus, and markets decline globally, fraudsters will be adapting and new risks will emerge and some risks will increase. Remember, white collar criminals adapt by profiling us, so they can exploit our weaknesses. That being said, companies need to develop a strategy that enables the deployment of appropriate tactics to manage these new or increasing risks.This writing explores some fraud, compliance, and integrity risks and is intended to provoke discussion.
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!
Bribery Schemes and Their Compliance Responses
This writing will highlight some of the more unusual bribery schemes described in 2019 Foreign Corrupt Practices Act (FCPA) enforcement actions and also consider their impact on compliance programs, what they mean for the compliance professional and how the government could potentially use these cases to require more effective compliance programs going forward.Fraudsters are always looking for loopholes and weak spots to exploit. The same is true for those engaged in bribery and corruption. The role of every compliance professional is to prevent, detect and remediate. By following some of the approaches I have outlined, you can move towards more robust detection.
Fraud Tip Friday: Lessons From Recent FCPA Enforcement Actions
The United States government’s fiscal year ended on September 30, 2019. Just as in the business world, where many companies try and clear out any unexecuted deals or open contracts, the Securities and Exchange Commission (SEC) cleared out three outstanding Foreign Corrupt Practices Act (FCPA) enforcement actions. The three enforcement actions involved Quad/Graphics Inc., a Wisconsin-based digital and print marketing provider, and its Peruvian subsidiary, Quad/Graphics Peru S.A.; Barclays PLC; and a Canadian clean fuel company Westport Fuels Systems, Inc. and its former Chief Executive Officer (CEO), Nancy Gougarty of Leesville, South Carolina. The terms of each settlement agreement provide a different lesson for compliance practitioners.
Speaking and Training on Fraud, Compliance, Ethics, and More...
Welcome to my site. I have spoken and been the keynote speaker for many conferences, including the ABA, ACC, ACFE, IIA, and IMA to name a few. I have designed customized training for the board, senior leadership, legal, compliance, internal audit, and others for some of the world's largest organizations.
Fraud: Department of Justice (DOJ) Announces Procurement Collusion Strike Force
On November 5th, the Department of Justice announced the formation of the new Procurement Collusion Strike Force (PCSF) “focusing on deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in government procurement, grant and program funding”.The Strike Force is an inter-agency partnership comprised of prosecutors from the Antitrust Division, and prosecutors from thirteen (13) U.S. Attorneys’ Offices. Aiding in the prosecutors’ efforts are investigation partners such as the Offices of Inspector Generals from the Department of Justice, Department of Defense, U.S. Postal Service, and General Services Administration Office. The Department of Justice’s announcement proclaimed that investigating and prosecuting those who “cheat, collude and seek to undermine the integrity of government procurement” will have more to concern themselves with when executing their crimes. Prosecutors and investigators alike expressed enthusiasm to be working as a part of this new team.
Reputation Risk Management Doesn’t Have a Start or End Date!
How can we protect our brand? What are we doing to protect our brand? Questions all board members should be constantly asking. Reputational risks can damage the most well-crafted business strategies and is a growing challenge that companies around the world are still learning how to manage.By definition, reputational risk refers to the potential for negative publicity, public perception, or uncontrollable events to adversely impact a company's reputation, thereby affecting its revenue.Board directors covet their company’s reputation because it’s their most valuable asset. A study by Deloitte and Forbes affirmed this conviction, but should not surprise anyone. Senior-level executives also agreed that their company’s reputation presented the greatest risk to the company’s ability to achieve business strategies.
FCPA: CEO Overriding/Circumventing and Exploiting Internal Controls, and Issuing False Certifications
Skepticism - A Key Tool in the Fight Against Fraud
“Trust but verify” could be a downright dangerous approach when applied to audit procedures in particular. A much better slogan for fraud deterrence would be, “Trust is a professional hazard.”The implication is that because financial management plays a leading role in detecting financial fraud, it is incumbent on executives – not just auditors – to exercise appropriate levels of professional skepticism. Board members and particularly audit committee members also must take care to exercise a skeptical approach to financial reports and supporting information.
Niki A. den Nieuwenboer will be kicking off the 2020 IIA Philly Fraud Symposium sponsored by Baker Tilly - Mark your calendars for March 20th!
Jonathan T. Marks, Baker Tilly Partner, is Speaking Today at the First Chair Event in Chicago on Triaging Whistleblower Allegations
Theranos: Too Good to Be True!
Caremark, Compliance, and Caution!
Caremark, Compliance, and Caution! Read why having active and engaged board oversight in the areas of risk and compliance is a must!
Tone From the Top, the Next Level
As a result of COVID-19, the Board of Directors and Senior Management are challenged to monitor the cultural shifts of their organization and adjust their sensitivity and the frequency of communications as appropriate.Leaders should always try to find ways to talk and engage with their people to motivate them, especially during these uncertain and trying times. If done correctly, talking can be incredibly powerful. It can help relieve anxiety (defined as "a feeling of worry, nervousness or unease, typically about an imminent event or something with an uncertain outcome") and help people find the strength they didn't know was in them. Studies have shown that talking shuts down the brain's fear center.
New DOJ Guidance Addresses ‘Effectiveness’ of Compliance Programs
DOJ Evaluation of Corporate Compliance Programs
SEC Challenged Over Delay on Whistleblower Award Decision
Tipsters have grown frustrated with the length of time it has taken the the SEC ("Commission") to determine whether a tip warrants a reward.
PHorensically Speaking Podcast Feed is Live!
With the help from a true friend, Tom Fox, I am entering the world of Podcasting. I will be developing at least three Podcasts per
Baker Tilly’s 2019 Effective Governance and Compliance Roundtable Series - May 1, 2019 - CPE Event in Philadelphia -Using Continuous Auditing and Monitoring in the Fight Against Fraud
Organizations are under increasing scrutiny regarding ethical lapses and allegations of fraud. Fiscal year 2018 was a record-breaking year for the U.S. Securities and Exchange Commission’s whistleblower program, as more and more individuals have been coming forward with allegations of impropriety. Come learn how to use continuous auditing and monitoring in the fight against fraud - or help improve your compliance program!