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
Fraud and Compliance Master Class in Chicago, Illinois on March 20 and 21, 2019
Investigation Roundtable on January 23, 2019, in Center City Philadelphia - Register Today! CPE/CLE
Investigation Roundtable on January 23, 2019, in Center City Philadelphia
Board Members Take Note: SEC Chair Clayton Speaks on 2019 Initiatives and Market Risks
Focus on the Bad Actors! DOJ Outlines Key Policy Revisions Re-Focusing on Individual Accountability
Robotic Process Automation: Using Technology for Forensic Investigations and Compliance
Fraud and Related Party Transactions
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.
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.
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.
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
Third Party Red Flags
2019 IIA Philadelphia Fraud Symposium - Update
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.
FCPA - Extraterritorial application of the United States law
Thompson Reuter’s recognizes Jonathan T. Marks as a US Top 50 Social Influencer in Risk, Compliance, and RegTech
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.
How GDPR Could Impact Whistleblowers and the Ethics Hotline
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).