Compliance » Measure Twice Cut Once

Measure Twice Cut Once

close-up-businesswoman-hand-pointing-on-tablet-pad-for-explaining-picture-id974160984

Richard Cassin, writing in FCPA Blog, asks the following question: If management is about math, what does that mean for managing compliance? By “math” he means measurement, and although there are elements of compliance and training that can be measured, the key issue, employee intent, is not measurable because it’s invisible and can change in an instant. The fact is, when employees face real-world choices whether to comply or cheat you can’t know what will happen. Nevertheless, Cassin advises compliance managers to keep measuring the two things they can quantify: 1) How much training is done, and 2)how effective it’s been, which can be measured by testing. For what it’s worth, the DOJ offers more or less the same advice in chapter 8 of its sentencing guidelines. Cassin stipulates that the adequacy and effectiveness of compliance programs are partly what compliance managers can defend and partly what the feds say it is. “That’s a double tautology,” he admits, but do your best anyway.

Read full article at:

Get our free daily newsletter

Subscribe for the latest news and business legal developments.

Read this next

Top 100 Litigator Sues Blue Cross Over His Cancer Treatment

In 2018, Robert Salim, 67, realized he was seriously ill. After numerous […]

Eight States Now Require Pay Transparency in Job Postings

Financial Industry Suing to Foil New Regulations

New rules aimed at lenders, investment funds, and other financial entities would […]

Regulatory Burden Factors Into AI Decision

GC Must Warn Boards Of AI Risks

There are companies investing hundreds of millions of dollars or more into […]

Scroll to Top