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!
» Read MoreCaremark, Compliance, and Caution! Read why having active and engaged board oversight in the areas of risk and compliance is a must!
» Read MoreAs 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.
» Read MoreDOJ Evaluation of Corporate Compliance Programs
» Read MoreTipsters have grown frustrated with the length of time it has taken the the SEC (“Commission”) to determine whether a tip warrants a reward.
» Read MoreWith the help from a true friend, Tom Fox, I am entering the world of Podcasting. I will be developing at least three Podcasts per
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!
» Read MoreJonathan T. Marks, CPA, CFE, Partner at Baker Tilly and Joe Kodali, Manager from Montgomery Coscia Greilich (MCG) are presenting the following sessions on Friday March 29th:
Professional skepticism:
Investigations in General
Poorly executed investigations can often increase the risk of scrutiny from government investigators, disruption to supply or distribution chains, and disgruntled employees venting on social media. So
This one day Fraud Symposium, hosted by the Institute of Internal Auditors – Philadelphia Chapter, will include other topics such as: Fraud hotlines, Current trends in white-collar crime (FCPA, FCA, etc.), Investigation pitfalls, Third-party risk management, and Compliance and Internal Audit issues.
» Read MoreThis one day fraud symposium, sponsored by Baker Tilly’s Forensic, Litigation, & Valuation Services Practice Group and hosted by the Institute of Internal Auditors, Philadelphia Chapter, will include topics
“Fraud is not an accounting problem; it is a social phenomenon.” Joe Wells
Most companies will not readily admit that their organizations may be vulnerable to fraud.
According to the 2020 Report to the Nations published by the Association of Certified Fraud Examiners (“ACFE”), which contains an analysis of approximately 2,500 cases of occupational fraud that were investigated between January 2018 and September 2019, organizations lose 5% of their annual revenues to fraud. While this number is only a general estimate based on the opinion, it represents the collective observations of anti-fraud experts who together have investigated hundreds of thousands of fraud cases. Based on the ACFE’s study, the median loss caused by frauds was $125,000, with 21.0% of the cases resulting in losses of at least $1 million.
If you think Good Tone or Conduct from the Top means you have an ethical environment, guess again!
Some of your people are up to no good.
Train and
Corruption can take many forms, but its root cause could and often does include a conflict of interest of some sort and possibly collusion.
OECD states, Conflict of interest
Investigation Roundtable on January 23, 2019, in Center City Philadelphia
» Read MoreOn December 6, 2018, in New York City, the Securities & Exchange Commission (“SEC”) Chair Jay Clayton delivered his speech, where he outlined where the SEC stands on its rule-making
American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act
“Fighting white-collar crime is a top priority for the Department, and we increased prosecutions in every
As My good friend Robert Mainardi says, “When presented with any new technique, approach, or methodology, there is always the temptation to jump right in and start using it
Related party transactions could be a “red flag“, and must be evaluated with the proper skepticism! Perceived opportunities to commit management fraud include the ability of the fraudster to
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 operations of the organization; it should oversee how management runs the company.
I am amazed at how many members literally are not engaged, which reminded 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 amorphous concept most ignore.
» Read MoreCorporate 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.
» Read MoreCompiling 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.
» Read MoreOctober 17, 2018, Today’s General Counsel
It’s a mistake to ignore the human element when fighting fraud within a corporation. There are behavioral and
Ultimately, a monitor should benefit the company, its employees, shareholders, and the public by effectively furthering the goal of preventing and detecting future misconduct.
» Read MoreIIA you Awarded Winning Article
The treasurer of one of the largest oil companies in the United States recently learned the internal controls over the initiation of wire transfers were
At a minimum, as part of (emphasis added) your overall fraud risk management program, the following key processes/functions should be analyzed along with the embedded (key) internal controls,
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