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The last message(s) which were posted to this eGroup

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Date Subject Author
08/16/2010
1. Compliance News: Apple manager arrested in kickback... Eric Newman
07/30/2010
2. Compliance News: Ex-Bayer Whistleblower Says... Eric Newman
07/28/2010
3. Weighting the Importance of Compliance Program Components Deena King
4. Compliance Plan Pamela Stone
07/24/2010
5. Help Needed - Weighting Compliance Components Deena King
6. Help Needed - Weighting Compliance Components Deena King
07/12/2010
7. RE:Compliance News: Kendall Law Group Announces... Donna Boehme
8. Compliance News: Kendall Law Group Announces... Eric Newman
06/13/2010
9. OECD Good Practice Guidance analysis Joseph Murphy
06/08/2010
10. Compliance News: French Trader on Trial Over... Eric Newman


Next 1. Compliance News: Apple manager arrested in kickback scheme
From: Eric Newman
To: Global Compliance and Ethics Community
Posted: 08-16-2010 14:13
Subject: Compliance News: Apple manager arrested in kickback scheme
Message:
This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and Financial Institutions Network .
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A midlevel Apple manager was arrested Friday and accused of accepting more than $1 million in kickbacks from half a dozen Asian suppliers of iPhone and iPod accessories in a federal indictment unsealed and a separate civil suit.

Paul Shin Devine, a global supply manager, and Andrew Ang, of Singapore, were named in a 23-count federal grand jury indictment for wire fraud, money laundering and kickbacks.

"Apple is committed to the highest ethical standards in the way we do business," Apple spokesman Steve Dowling said in a statement. "We have zero tolerance for dishonest behavior inside or outside the company."

The alleged scheme used an elaborate chain of U.S. and foreign bank accounts and one front company to receive payments, the indictment said, and code words like "sample" were used to refer to the payments so that Apple co-workers wouldn't become suspicious.

Devine, 37, of Sunnyvale, is being held by the U.S. Marshals Service, according to the Internal Revenue Service. He could not be reached for comment. IRS Agent Arlette Lee declined to comment on Ang's whereabouts.

more:http://www.mercurynews.com/business/ci_15773966

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Eric Newman, Esq.
HCCA/SCCE
Social Media Manager
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Previous Next 2. Compliance News: Ex-Bayer Whistleblower Says Fired Over Data
From: Eric Newman
To: Global Compliance and Ethics Community
Posted: 07-30-2010 15:06
Subject: Compliance News: Ex-Bayer Whistleblower Says Fired Over Data
Message:
This message has been cross posted to the following eGroups: Chief Compliance Ethics Officer Network and Global Compliance and Ethics Community .
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NEW YORK, July 29 (Reuters) - A former employee of Bayer AG (BAYGn.DE) has sued Germany's largest drugmaker, accusing it of wrongfully firing him in retaliation for his refusal to falsify data.

According to a complaint filed Wednesday in Manhattan federal court, the plaintiff Ralph Fabiano had been working on a project related to compliance with auditing and accounting rules under the U.S. Sarbanes-Oxley Act when a senior Bayer executive told him to change the results of certain tests.

When he refused several requests, he was removed from his position and was later fired, violating whistleblower provisions of the law, the complaint said.

Fabiano said in the suit he was working on a testing program for North America operations when the requests were made. Fabiano said that individuals in the group processing the tests were not following their own processes and internal controls, requiring the compliance testing to be corrected.

A spokesman for Bayer at its U.S. headquarters said the U.S. Department of Labor had found no reasonable cause to believe Fabiano's allegations after an investigation, according to a June 17 letter the company received from the department.

"Consistent with our company policy we do not comment on matters of active litigation; however, we will defend ourselves vigorously in this case," said Bryan Iams, a spokesman at Bayer's office in Pittsburgh.

Lawyers for Fabiano were not immediately available for comment.

More: http://www.reuters.com/article/idUSN2926865420100729

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Eric Newman, Esq.
HCCA/SCCE
Social Media Manager
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Previous Next 3. Weighting the Importance of Compliance Program Components
From: Deena King
To: Global Compliance and Ethics Community
Posted: 07-28-2010 12:52
Subject: Weighting the Importance of Compliance Program Components
Message:
This message has been cross posted to the following eGroups: Quantitative Compliance and Global Compliance and Ethics Community .
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Greetings once again everyone...

First, thanks to all of you who have taken the survey.  Your input is really helping.

For those who have not had a chance yet, I could still really use your help.

A current client is interested in designing a compliance program self-assessment.  They want to measure the existence of various compliance program components and in so doing they would like to weight the various responses.  For example, if it were your organization or client, how would you rate the importance of "identifying compliance requirements"? 1 - important, 2 - very important, and 3 - critically important?  How would you rate the importance of internal audits (same scale)? 

The survey is still at the following location.  Please take 2-3 minutes to help me out.

http://www.surveymonkey.com/s/5TLP7PN

I look forward to your replies and will share the results with the forum early next week.

Thank you again...Deena


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Deena King, CCEP
Managing Director
PKC, LLC
Las Vegas, NV
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Previous Next 4. Compliance Plan
From: Pamela Stone
To: Global Compliance and Ethics Community
Posted: 07-28-2010 08:51
Subject: Compliance Plan
Message:
This message has been cross posted to the following eGroups: Compliance Risk Management Forum and Global Compliance and Ethics Community .
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I working on writing a compliance plan for an organization that does not have one. Is there anyone who is willing to share their plan with me?

Yours Truly

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Pamela Stone
Corporate Compliance Officer
Columbus Neighborhood Health Center, Inc.
Columbus
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Previous Next 5. Help Needed - Weighting Compliance Components
From: Deena King
To: Global Compliance and Ethics Community
Posted: 07-24-2010 14:34
Subject: Help Needed - Weighting Compliance Components
Message:
This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and Utilities and Energy Network .
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Greetings everyone...I could really use your help.

A current client is interested in designing a compliance program self-assessment.  They want to measure the existence of various compliance program components and in so doing they would like to weight the various responses.  For example, if it were your organization or client, how would you rate the importance of "identifying compliance requirements"? 1 - important, 2 - very important, and 3 - critically important?  How would you rate the importance of internal audits (same scale)? 

I have set up a survey at the following location.  Please take 2-3 minutes to help me out.

http://www.surveymonkey.com/s/5TLP7PN

I look forward to your replies and will share the results with the forum after about 1 week.

Thank you...Deena

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DeenaKingCCEP
Managing Director
PKC, LLC
Las VegasNV
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Previous Next 6. Help Needed - Weighting Compliance Components
From: Deena King
To: Global Compliance and Ethics Community
Posted: 07-24-2010 14:31
Subject: Help Needed - Weighting Compliance Components
Message:
This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and Utilities and Energy Network .
-------------------------------------------
Greetings everyone...I could really use your help.

A current client is interested in designing a compliance program self-assessment.  They want to measure the existence of various compliance program components and in so doing they would like to weight the various responses.  For example, if it were your organization or client, how would you rate the importance of "identifying compliance requirements"? 1 - important, 2 - very important, and 3 - critically important?  How would you rate the importance of internal audits (same scale)? 

I have set up a survey at the following location.  Please take 2-3 minutes to help me out.

http://www.surveymonkey.com/s/5TLP7PN

I look forward to your replies and will share the results with the forum after about 1 week.

Thanks you...Deena


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Deena King, CCEP
Managing Director
PKC, LLC
Las Vegas, NV
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Previous Next 7. RE:Compliance News: Kendall Law Group Announces Investigation ...
From: Donna Boehme
To: Global Compliance and Ethics Community
Posted: 07-12-2010 17:33
Subject: RE:Compliance News: Kendall Law Group Announces Investigation of Smith & Wesson Holding Corporation for Shareholders
Message:
The Smith & Wesson case is very interesting  from a number of standpoints,  including: 
- directors being sued for failing to ensure there was an effective FCPA compliance program in place  (following       Caremark/Stone v Ritter)
- premise that repeat violations over a period of years in high risk jurisdictions such as Kazakhstan and Nigeria  might be prima facie evidence of absence of compliance program.  

The bar  is being raised for director oversight,  and in my view, many boards are not in a state of readiness.  
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Donna Boehme
Principal
Compliance Strategists LLC
New ProvidenceNJ
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Original Message:
Sent: 07-12-2010 17:11
From: Eric Newman
Subject: Compliance News: Kendall Law Group Announces Investigation of Smith & Wesson Holding Corporation for Shareholders

This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and FCPA: Foreign Corrupt Practices Act Forum .
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Kendall Law Group, a national securities firm led by a former federal judge and a former U.S. Attorney, is investigating Smith & Wesson Holding Corporation (NASDAQ: SWHC) for shareholders. The investigation concerns potential breaches of fiduciary duties by the board of directors and other company executives in connection with US Department of Justice (DOJ) investigations into potential violations of the Foreign Corrupt Practices Act (FCPA).

In an annual report filed on July 1, 2010, Smith & Wesson disclosed the DOJ investigation. On January 19, 2010, the DOJ unsealed indictments of 22 individuals from the firearm industry that alleged the defendants "conspired to pay bribes for supply contracts" to an undercover FBI agent posing as a representative of an African nation. Smith & Wesson confirmed that one of the defendants was their vice president of sales for their International & U.S. Law Enforcement division. Smith & Wesson acknowledged that the company "could be prevented from bidding on domestic military and government contracts, and could risk debarment by the U.S. Department of State."

More:

http://www.reuters.com/article/idUS158097+09-Jul-2010+BW20100709


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Register for SCCE's Complimentary Social Media Web Conference (July 27) Click here to Register

Connect with your peers:
Join SCCE's Social Media Groups

Eric Newman, Esq.
HCCA/SCCE
Social Media Manager
-------------------------------------------








Previous Next 8. Compliance News: Kendall Law Group Announces Investigation of ...
From: Eric Newman
To: Global Compliance and Ethics Community
Posted: 07-12-2010 17:11
Subject: Compliance News: Kendall Law Group Announces Investigation of Smith & Wesson Holding Corporation for Shareholders
Message:
This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and FCPA: Foreign Corrupt Practices Act Forum .
-------------------------------------------
Kendall Law Group, a national securities firm led by a former federal judge and a former U.S. Attorney, is investigating Smith & Wesson Holding Corporation (NASDAQ: SWHC) for shareholders. The investigation concerns potential breaches of fiduciary duties by the board of directors and other company executives in connection with US Department of Justice (DOJ) investigations into potential violations of the Foreign Corrupt Practices Act (FCPA).

In an annual report filed on July 1, 2010, Smith & Wesson disclosed the DOJ investigation. On January 19, 2010, the DOJ unsealed indictments of 22 individuals from the firearm industry that alleged the defendants "conspired to pay bribes for supply contracts" to an undercover FBI agent posing as a representative of an African nation. Smith & Wesson confirmed that one of the defendants was their vice president of sales for their International & U.S. Law Enforcement division. Smith & Wesson acknowledged that the company "could be prevented from bidding on domestic military and government contracts, and could risk debarment by the U.S. Department of State."

More:

http://www.reuters.com/article/idUS158097+09-Jul-2010+BW20100709


----------------------------------------

Register for SCCE's Complimentary Social Media Web Conference (July 27) Click here to Register

Connect with your peers:
Join SCCE's Social Media Groups

Eric Newman, Esq.
HCCA/SCCE
Social Media Manager
-------------------------------------------



Previous Next 9. OECD Good Practice Guidance analysis
From: Joseph Murphy
To: Global Compliance and Ethics Community
Posted: 06-13-2010 17:08
Subject: OECD Good Practice Guidance analysis
Attachment(s):
Message:
This message has been cross posted to the following eGroups: Global Compliance and Ethics Community and Chief Compliance Ethics Officer Network .
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We have had several postings on the Social Net about the work of the OECD Anti-bribery Working Group and their interest in promoting compliance and ethics programs to fight bribery.  In March the group published a Good Practice Guidance on anticorruption compliance programs.  This is the first international standard on compliance and ethics programs.  The members of the group are the 30 OECD countries plus 8 other signatories to the anti-corruption convention.   My colleague Donna Boehme and I had been participating in this process, and I represented SCCE in the Working Group's programs in Paris as a Consultative Partner.  We believe this standard actually offers a very useful template for all types of compliance and ethics programs. In a sense it is the "global sentencing guidelines" in terms of its potential impact globally.  Donna and I have been developing a detailed analysis of the Guidance; I have attached our comment draft, which we are circulating broadly for review and comment.  I'd be interested in any thoughts any of you might have on this.  Please also feel free to share it with anyone you think might share the interest. We believe this OECD Guidance has tremendous potential to expand awareness globally about the importance of compliance programs. 

 


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Joe Murphy CCEP
Of Counsel CSLG; Co-Founder Sr Advisor Integrity Interactive
Ethikos
HaddonfieldNJ
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Previous 10. Compliance News: French Trader on Trial Over Alleged $6B Frau...
From: Eric Newman
To: Global Compliance and Ethics Community
Posted: 06-08-2010 13:40
Subject: Compliance News: French Trader on Trial Over Alleged $6B Fraud
Message:
This message has been cross posted to the following eGroups: Investment Management Forum and Global Compliance and Ethics Community .
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Paris, France (CNN) -- The trial of a French trader accused of wracking up almost $6 billion in losses through authorized trades opened in Paris Tuesday.

Former Societe Generale employee Jerome Kerviel is facing charges including forgery, breach of trust, and unauthorized computer use.

He faces a penalty of up to five years in prison and a fine of up to 375,000 euros ($447,500). The French bank will also ask that Kerviel reimburse it for its loss.

The 33-year-old, who is free on bail, was arrested in 2008 after Societe Generale unveiled trading losses of nearly €5 billion ($5.9 billion).

The bank attributed the losses to fraud by Kerviel, who traded European index futures for the bank.

Kerviel strenuously denies the charges, claiming that he wasn't the only one flouting the rules and did so with knowledge of his superiors.

"I am convinced the criminal file is full of elements proving that my superiors knew and covered for me. At least I shouldn't be the only one in the dock," he told CNN after the release of his memoirs, "Trapped in a Spiral: Memoirs of a Trader," in which he pleads his innocence.

"During three years these managers earned colossal amounts of money out of bonuses based on the ever growing results that I was making for the bank," he said.

Societe Generale says that at no time were supervisors aware of Kerviel's allegedly unlawful activities.

More: http://edition.cnn.com/2010/WORLD/europe/06/08/france.trader.trial/index.ht​ml
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Eric Newman, Esq.
HCCA/SCCE
Social Media Manager
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