Board Member Composition: Participants, Passengers, and Prisoners?
Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Culture, Directors, Due Diligence, Ethics, General Counsel, Global, Governance, GRC, Regulatory, Risk, Risk Assessment, Risk Management, Sarbanes-Oxley, Skepticism, Training, Whistleblower, White Collar Crime Jonathan T. Marks Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Culture, Directors, Due Diligence, Ethics, General Counsel, Global, Governance, GRC, Regulatory, Risk, Risk Assessment, Risk Management, Sarbanes-Oxley, Skepticism, Training, Whistleblower, White Collar Crime Jonathan T. Marks

Board Member Composition: Participants, Passengers, and Prisoners?

As the organization's ultimate decision-making body, the board of directors plays two critical roles: overseeing management on behalf of shareholders and other constituencies; and advising management, albeit with limited involvement in everyday company operations - nose in, hands off! The board should not attempt to run the organization's operations; it should oversee how management runs the company. I am amazed at how many members are disengaged, which reminded me that one of the traits of an effective leader, or Pilot, is being a good team builder. But how can you build a good team if you don't understand the players? I'm not speaking about understanding their skills; I am speaking about understanding their level of engagement. That is an amorphous concept most ignore.

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Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis Management, Culture, DOJ, ERM, Ethics, Fraud, Fraud Risk Management, General Counsel, Global, Governance, GRC, IIA, Process Improvement, Regulatory, Risk Assessment, Risk Management, Root Cause, SEC, Thought Leadership Jonathan T. Marks Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis Management, Culture, DOJ, ERM, Ethics, Fraud, Fraud Risk Management, General Counsel, Global, Governance, GRC, IIA, Process Improvement, Regulatory, Risk Assessment, Risk Management, Root Cause, SEC, Thought Leadership Jonathan T. Marks

Corporate Governance - Commonsense Principles 2.0

Corporate governance is the collection of systems and processes that an organization has in place to prevent or dissuade potentially self-interested persons from engaging in activities detrimental to the welfare of shareholders and stakeholders and helps to promote better overall decision making.

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ACFE, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis Management, Cross Border Investiga..., Culture, Damages, Dodd-Frank, DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, Hotline, IIA, IIA Philadelphia, Internal Audit, Internal Controls, Investigations, Money Laundering, Monitorship, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, SEC, Skepticism, Third Party, Thought Leadership, Training, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Compliance Coordinator, Corporate Fraud, Crisis Management, Cross Border Investiga..., Culture, Damages, Dodd-Frank, DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, Hotline, IIA, IIA Philadelphia, Internal Audit, Internal Controls, Investigations, Money Laundering, Monitorship, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, SEC, Skepticism, Third Party, Thought Leadership, Training, Whistleblower, White Collar Crime Jonathan T. Marks

Compliance Thought Leaders You Should Be Following

Compiling a list of thought leaders in ethics and compliance is fun, but so challenging. There are simply too many thoughtful people in this field — which is itself enormous and wide-ranging — to call out everyone worth following. So below is a small slice of the thinkers in corporate ethics and compliance that I try to follow.

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Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Cross Border Investiga..., Damages, Due Diligence, Ethics, FCPA, Forensic Accounting, Fraud, Fraud Investigations, Fraud Pentagon, Fraud Risk Management, General Counsel, Governance, IIA, Internal Audit, Internal Controls, Interview, Investigations, Red Flag, Risk, Risk Assessment, Risk Management, Skepticism, Whistleblower, White Collar Crime Jonathan T. Marks Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Cross Border Investiga..., Damages, Due Diligence, Ethics, FCPA, Forensic Accounting, Fraud, Fraud Investigations, Fraud Pentagon, Fraud Risk Management, General Counsel, Governance, IIA, Internal Audit, Internal Controls, Interview, Investigations, Red Flag, Risk, Risk Assessment, Risk Management, Skepticism, Whistleblower, White Collar Crime Jonathan T. Marks

Today’s General Counsel: White Collar Crooks Share Certain Characteristics

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Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Fraud Investigations, Fraud Risk Management, General Counsel, Governance, IIA, Investigations, Monitorship, Process Improvement, Red Flag, Risk Assessment, Risk Management Jonathan T. Marks Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, DOJ, Ethics, FCPA, Foreign Corrupt Practi..., Fraud Investigations, Fraud Risk Management, General Counsel, Governance, IIA, Investigations, Monitorship, Process Improvement, Red Flag, Risk Assessment, Risk Management Jonathan T. Marks

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.

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Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Cash, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Foreign Corrupt Practi..., Four eyes approval, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Process Improvement, Risk, Risk Assessment, Risk Management, Treasury, White Collar Crime Jonathan T. Marks Anti-fraud, Audit, Audit Committee, Board of Directors, Books and records, Cash, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Foreign Corrupt Practi..., Four eyes approval, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Process Improvement, Risk, Risk Assessment, Risk Management, Treasury, White Collar Crime Jonathan T. Marks

How Tight is Your Grip on Cash?

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

FCPA - Cash, Bribes, and the “Four Eyes Principle”

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ACFE, Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, Cross Border Investiga..., DOJ, Due Diligence, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Governance, IIA, Internal Controls, Investigations, Money Laundering, Red Flag, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, SEC, Third Party, Training, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, Cross Border Investiga..., DOJ, Due Diligence, Ethics, FCPA, Foreign Corrupt Practi..., Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Governance, IIA, Internal Controls, Investigations, Money Laundering, Red Flag, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, SEC, Third Party, Training, Whistleblower, White Collar Crime Jonathan T. Marks

Registration is Now Open - Class Size is Limited! Doing Compliance Master Class Training with Tom Fox will be held in New York City on November 12-13 (Two Days), 2018.

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ACFE, Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, Culture, Cyber, Damages, Data Integrity, Dodd-Frank, DOJ, Due Diligence, ERM, Ethics, FCPA, Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, Fraud Triangle, GDPR, General Counsel, Global, Governance, Hotline, IIA, Internal Audit, Internal Controls, Investigations, Materiality, Money Laundering, Red Flag, RegTech, Regulatory, Remediation, Restatement, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, Seaboard, SEC, Skepticism, Tax, Third Party, Triage, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Crisis Management, Culture, Cyber, Damages, Data Integrity, Dodd-Frank, DOJ, Due Diligence, ERM, Ethics, FCPA, Forensic Accounting, Fraud, Fraud Investigations, Fraud Risk Management, Fraud Triangle, GDPR, General Counsel, Global, Governance, Hotline, IIA, Internal Audit, Internal Controls, Investigations, Materiality, Money Laundering, Red Flag, RegTech, Regulatory, Remediation, Restatement, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, Seaboard, SEC, Skepticism, Tax, Third Party, Triage, Whistleblower, White Collar Crime Jonathan T. Marks

News Release: Baker Tilly Strengthens Growing Forensic Litigation Valuation Services Practice with Addition of Industry Leader Jonathan T. Marks

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Anti-fraud, Audit, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, DOJ, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Investigations, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Third Party, Triage, Whistleblower, White Collar Crime Jonathan T. Marks Anti-fraud, Audit, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, DOJ, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Investigations, Remediation, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley, SEC, Third Party, Triage, Whistleblower, White Collar Crime Jonathan T. Marks

FCPA Settlement - Petrobras Board Involved

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10-80-10, Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Investigations, Risk, Risk Assessment, Risk Management, White Collar Crime Jonathan T. Marks 10-80-10, Anti-fraud, Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Corporate Fraud, Ethics, FCPA, Fraud, Fraud Investigations, Fraud Risk Management, General Counsel, Global, Governance, IIA, Internal Audit, Internal Controls, Investigations, Risk, Risk Assessment, Risk Management, White Collar Crime Jonathan T. Marks

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.

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ACFE, Anti-fraud, Audit Committee, Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, Fraud, Fraud Risk Management, General Counsel, Global, Governance, Internal Audit, Internal Controls, Risk Assessment, Risk Management, Sarbanes-Oxley, Skepticism, Whistleblower, White Collar Crime Jonathan T. Marks ACFE, Anti-fraud, Audit Committee, Board of Directors, Books and records, Chief Audit Executive, Chief Compliance Officer, Compliance, Fraud, Fraud Risk Management, General Counsel, Global, Governance, Internal Audit, Internal Controls, Risk Assessment, Risk Management, Sarbanes-Oxley, Skepticism, Whistleblower, White Collar Crime Jonathan T. Marks

Putting the Freud in Fraud - Part Two

While we can't get into the mind of the white collar criminal, we can take a closer look at high-profile individuals who have perpetrated massive fraud at corporations and instances of fraud identified in practice, as well as some research, to help is identify a pattern of similar behavioral elements common to white-collar crooks and cultural elements common to their environments.

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Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Ethics, Fraud, Fraud Risk Management, General Counsel, Governance, Hotline, IIA, IIA Philadelphia, Internal Audit, Internal Controls, Investigations, Regulatory, Risk, Risk Management, Sarbanes-Oxley, Whistleblower, White Collar Crime Jonathan T. Marks Anti-fraud, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Ethics, Fraud, Fraud Risk Management, General Counsel, Governance, Hotline, IIA, IIA Philadelphia, Internal Audit, Internal Controls, Investigations, Regulatory, Risk, Risk Management, Sarbanes-Oxley, Whistleblower, White Collar Crime Jonathan T. Marks

2019 IIA Philadelphia Fraud Symposium - Update

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Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Culture, ERM, Global, Governance, Internal Controls, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley Jonathan T. Marks Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Culture, ERM, Global, Governance, Internal Controls, Regulatory, Risk, Risk Assessment, Risk Management, Root Cause, Sarbanes-Oxley Jonathan T. Marks

Enterprise Risk Management - A Practical Plan

Many companies have an idea, albeit vague, about ERM or enterprise risk management. But few have made real progress in planning or actual implementation. What is the holdup? A practical five-step approach can help companies get their arms around ERM ... and begin to realize the benefits of integrated risk management, including escalating the right risks to the right people in a timely manner, and as a result, drive meaningful conversations with leaders to inform decision-making.

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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, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Cyber, Dodd-Frank, Due Diligence, Ethics, FCPA, Fraud, Fraud Risk Management, GDPR, General Counsel, Governance, Internal Audit, Investigations, Regulatory, Risk, Risk Management, Sarbanes-Oxley, SEC, Supreme Court, Third Party, Whistleblower Jonathan T. Marks Audit, Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Cyber, Dodd-Frank, Due Diligence, Ethics, FCPA, Fraud, Fraud Risk Management, GDPR, General Counsel, Governance, Internal Audit, Investigations, Regulatory, Risk, Risk Management, Sarbanes-Oxley, SEC, Supreme Court, Third Party, Whistleblower Jonathan T. Marks

How GDPR Could Impact Whistleblowers and the Ethics Hotline

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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, Culture, Due Diligence, Ethics, Fraud Risk Management, General Counsel, Governance, Internal Audit, Risk Assessment, Risk Management, Skepticism Jonathan T. Marks Audit Committee, Board of Directors, Chief Audit Executive, Chief Compliance Officer, Compliance, Culture, Due Diligence, Ethics, Fraud Risk Management, General Counsel, Governance, Internal Audit, Risk Assessment, Risk Management, Skepticism Jonathan T. Marks

Advice to the Board - Knowing the Business is Critical to Effective Risk Oversight

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