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Transforming corporate cultures by placing CFEs in top echelons — ACFE Board of Regents Interview for Fraud Magazine

By | AMI News, Eric Feldman, Media

AMI’s Eric Feldman sat down with the other members of ACFE’s Board of Regents to discuss the importance of CFE’s in fostering corporate culture. This conversation appears in the September/October issue of FRAUD Magazine.

CFEs can trumpet the age-old “tone at the top” concept, but if top executives aren’t working to transform corporate cultures throughout organizations then fraud prevention and deterrence will continually run up against roadblocks. The members of the ACFE Board of Regents know this from their years of consulting with C-suite execs who want to tackle fraud but also have to wrestle with timid general counsels, fluctuating quarterly reports and concerned stakeholders.

The Board gathered at the beginning of the recent 30th Annual ACFE Global Fraud Conference to opine on the latest anti-fraud issues during a 90-minute Fraud Magazine interview.

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Jay Rosen featured on the SCCE Compliance Perspectives Podcast — Working With Vendors

By | AMI News, Jay Rosen, Media

via Adam Turteltaub at CorporateCompliance.org:

If you have a compliance and ethics program of any size, odds are good that you need a solution provider to help your program function fully.  Manage the vendor search and relationship well, and if you’ve done yourself and your program a great service.  Manage it badly, and you’ve created a nightmare.

Jay Rosen of Affiliated Monitors knows the challenge well, having been a buyer of solutions and currently as a vendor to the compliance and ethics community.

In this podcast – a preview of his session at the 2019 Compliance & Ethics Institute — he outlines how to make the vendor relationship a healthy one, beginning even before you begin a search.  He advises that buyers reach out to their peers to learn what is working for them and the options in the marketplace.

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FCPA Podcast featuring Jay Rosen

5-Part FCPA Podcast Series feat. Jay Rosen — Everything You Wanted to Know About Monitors But Were Afraid To Ask

By | AMI News, Jay Rosen, Media

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., Tom Fox visits with AMI’s Jay Rosen. In this series they introduce the role of independent integrity monitors and corporate monitorships; discuss both pre-settlement and post- resolution monitorships and their different applications; considerations a company should take in hiring a monitor and cost reflections for monitorships.. Listen to the full series below, or wherever you listen to podcasts.

Day 1:

In Part 1, we introduce the role of independent integrity monitors and corporate monitorships.

Day 2:

In this Episode 2, we consider the use of monitors in the post-resolution phase. Some of the highlights from this podcast include:

What is a monitorship in the FCPA Context? Complying with Consent Decrees When does post-resolution monitorship have the impact of a pre-settlement monitorship?
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Jay Rosen, Mr. Monitor

Jay Rosen’s Weekly Series on CCI: Monitoring in the Health Care Sector – Part I

By | AMI News, Jay Rosen, Media

Jay Rosen begins a deep dive into health care monitoring and how the proactive use of a health care monitor can positively impact all stakeholders: the regulators, the industry itself and the consumers of health care services, the public.

Independent integrity monitoring can be particularly valuable and important in the health care sector because in many ways, health care is the perfect storm for significant compliance risks – but it also has a greater opportunity to mitigate those risks. Using an independent third-party compliance expert or monitor can be one strategy to help mitigate risks.

Health care occupies a unique space in the American business world.

The size of the health care industry accounts for almost 20 percent of our economy.

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Jay Rosen, Mr. Monitor

Jay Rosen’s Weekly Series on CCI: Suspension vs. Debarment – Part V

By | AMI News, Jay Rosen, Media

Jay Rosen’s miniseries on suspension and debarment concludes with this look into the remedies federal agencies seek when misconduct is identified, and where the ultimate focus will lie: compliance.

The defense community largely led the process of putting together an effective ethics and compliance program. There were defense industry initiatives where the contractors got together and talked about what it takes to promote ethics and compliance; the defense industry been doing this for years. Unfortunately, nongovernmental commercial industries were not as far along as the defense industry.

Lately, there has been tremendous growth in the understanding that E&C is critical for any company.

read the full post here
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Jay Rosen’s Weekly Series on CCI: Suspension vs. Debarment – Part IV

By | AMI News, Jay Rosen, Media

Every compliance professional should be familiar with the concept of present responsibility. Jay Rosen discusses the term and its place in suspensions and debarments.

Present responsibility has become sort of a buzzword. It’s the underlying basis for action involving excluding a party from the federal marketplace through suspension or department.

Unfortunately, the phrase itself is not defined anywhere in the regulatory structure. This means its determination comes down to the discretion of the federal officials who have been empowered to exercise the suspension and debarment authority.

Yet even with this lack of a statutory or regulator definition, there are some common factors and guidelines out there that can help the compliance community understand some of the elements of suspension and debarment as they relate to this issue.

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Gerry Coyne on Tom Fox's FCPA Podcast

5-Part FCPA Podcast Series feat. Jerry Coyne: The Use of Monitors by State Attorneys General

By | AMI News, Jerry Coyne, Media

Day 1: in the first episode of a 5-part podcast series, AMI Managing Director Jerry Coyne, introduces the role of State Attorneys General in protecting state consumers through multi-state litigation. Listen below, or on the FCPA Compliance Report

Day 2: In Part 2 of a 5-part series, Jerry Coyne, Managing Director at Affiliated Monitors discusses the reaction to the Master Settlement Agreement with Big Tobacco and criticism of State AG’s as a result. What were the lessons learned by State AG’s in this process, and what are the risks and rewards of State AG’s using private attorneys to pursue multi-state litigation?

Listen below, or on the FCPA Compliance Report



Day 3: In this Part 3 of a 5-part series, Jerry Coyne, Managing Director at Affiliated Monitors discusses some of the issues faced by State Attorneys General in the post big-tobacco settlement era.

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Jay Rosen’s Weekly Series on CCI: Suspension vs. Debarment – Part III

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” continues a series on suspension and debarment, discussing where these actions meet with FCPA enforcement.

Debarment may be based on actions so serious or compelling that it affects the present responsibility of the contractor or subcontractor. There is some fairly broad language as to what the basis for a suspension and debarment can be. This means that in the context of anti-corruption laws, it can be the basis of a suspension or debarment.

Under the FCPA, the conduct to incur a violation does not require actual bribery or corruption read the full post here
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Jay Rosen, Mr. Monitor

Jay Rosen’s Weekly Series on CCI: Suspension vs. Debarment – Part II

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” explores the similarities between suspensions and debarments, as well as how the actions differ. As far as likenesses go, consider both actions the kiss of death for federal contractors.

Recalling that the GSA website states, “The Suspension and Debarment process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with non-responsible contractors. Suspensions, proposals for debarment and debarments are the most widely known tools as these actions are visible to the public.

A suspension is used when there is an immediate need. It is a temporary measure; there is a 12-month limit, which can be extended for another six months. A debarment is for a specific term, but generally not longer than three years.

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Jay Rosen’s Weekly Series on Corporate Compliance Insights: Suspension vs. Debarment

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” of Affiliated Monitors, continues his running series on monitorships with a sub-series on the tools the government uses to guard against fraud, waste and abuse.

The General Services Administration website states, “the suspension and debarment process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with non-responsible contractors. Suspensions, proposals for debarment and debarments are the most widely known tools, as these actions are visible to the public.”

Government Extending its Reach

Suspension and debarment are not civil or criminal matters resulting in a penalty being imposed on a party; instead, they are an administrative matter.

read the full post here
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