Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Corporate Fraud, DOJ, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, Internal Controls, Investigations, Red Flag, Regulatory, Risk, Risk Assessment, Risk Management, Supreme Court, Third Party Jonathan T. Marks Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Corporate Fraud, DOJ, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, Internal Controls, Investigations, Red Flag, Regulatory, Risk, Risk Assessment, Risk Management, Supreme Court, Third Party Jonathan T. Marks

Third Party Red Flags

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Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, DOJ, Due Diligence, FCPA, Fraud, General Counsel, Global, Governance, Internal Controls, Investigations, Risk, Sarbanes-Oxley, SEC, Third Party Jonathan T. Marks Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, DOJ, Due Diligence, FCPA, Fraud, General Counsel, Global, Governance, Internal Controls, Investigations, Risk, Sarbanes-Oxley, SEC, Third Party Jonathan T. Marks

FCPA - “A Better Life, a Better World” Well Maybe Not Yet for Panasonic Avionics

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ACFE, Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Bribery, Chief Audit Executive, Chief Compliance Officer, Compliance, Control, Corporate Fraud, DOJ, Enterprise Risk Resili..., ERM, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Four eyes approval, Fraud, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Process Improvement, Red Flag, Regulatory, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Skepticism, Third Party, White Collar Crime Jonathan T. Marks ACFE, Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Bribery, Chief Audit Executive, Chief Compliance Officer, Compliance, Control, Corporate Fraud, DOJ, Enterprise Risk Resili..., ERM, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Four eyes approval, Fraud, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Control Defic..., Internal Controls, Investigations, Process Improvement, Red Flag, Regulatory, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Skepticism, Third Party, White Collar Crime Jonathan T. Marks

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.

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Audit Committee, Board of Directors, Compliance, DOJ, Due Diligence, FCPA, Fraud Risk Management, Governance, Regulatory, Risk Assessment, Risk Management, Sarbanes-Oxley, SEC, Third Party Jonathan T. Marks Audit Committee, Board of Directors, Compliance, DOJ, Due Diligence, FCPA, Fraud Risk Management, Governance, Regulatory, Risk Assessment, Risk Management, Sarbanes-Oxley, SEC, Third Party Jonathan T. Marks

It's a Hit! Third Party Due Diligence

Why do due diligence? The “knowing” standard of the US Foreign Corrupt Practices Act (FCPA) makes a company equally liable whether an improper payment is made to a “Foreign Official”¹ directly or through a third-party, such as an agent, distributor, reseller, or sub-contractor. To minimize their exposure to potential sanction under anti-bribery and corruption regulations such as the FCPA, companies need to apply appropriate due diligence, taking a proportionate and risk-based approach.
Potential due diligence efforts include direct requests for details on the background, expertise, and business experience, of relevant individuals. It is also important to know whether you are dealing with a Politically Exposed Person (PEP) or a State Owned Enterprise (SOE).

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Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, DOJ, FCPA, Fraud, Fraud Risk Management, Governance, Internal Audit, Internal Controls, Risk, Risk Assessment, Risk Management, Third Party, Training, Triage, Whistleblower Jonathan T. Marks Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, DOJ, FCPA, Fraud, Fraud Risk Management, Governance, Internal Audit, Internal Controls, Risk, Risk Assessment, Risk Management, Third Party, Training, Triage, Whistleblower Jonathan T. Marks

13 Step FCPA Compliance Action Plan

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Audit, Audit Committee, Board of Directors, CCO, Chief Compliance Officer, Chief Legal Counsel, Compliance, Compliance Coordinator, DOJ, Ethics, Fraud, General Counsel, Governance, Regulatory, Risk, SEC Jonathan T. Marks Audit, Audit Committee, Board of Directors, CCO, Chief Compliance Officer, Chief Legal Counsel, Compliance, Compliance Coordinator, DOJ, Ethics, Fraud, General Counsel, Governance, Regulatory, Risk, SEC Jonathan T. Marks

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).

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