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Compliance Issues & Answers


ACE Offers Guidance on Conflicts of Interest in Higher Education

Washington The American Council on Education has released a working paper meant to provide guidance to college administrators on conflict-of-interest issues. The paper outlines the kinds of policies that higher-education institutions should have in place, along with situations that administrators should consider under conflict-of-interest policies, such as when a college official can accept a gift or own stock in a company.

The paper also covers conflicts of interest that institutions might face in research or commercial deals, such as when a vendor offers a gift to an institution.

The paper is available by clicking here 


 New Rules For Federal Contractors

If You Work with the Federal Government New Compliance And Ethics Rule Effective December 24, 2008.

Bill Summary

Bill History

Federal Acquisition Regulation; FAR Case 2007–006, Contractor Compliance Program and Integrity Reporting

Part 52 - Solicitation Provisions And Contract Clauses

SCCE Recorded Audio Conference


 The Importance of Board Oversight of a Company's Compliance Program:
Stone Vs Ritter case

The Implication of Stone v. Ritter . Article written by Rebecca Walker, partner law firm Kaplan & Walker LLP, published in Compliance & Ethics magazine April, 2007. The Implications of Stone v. Ritter


Ethics Rule Proposed For Federal Contractors

The Defense Department, General Services Administration and NASA are calling for public comment on proposed rule FAR Case 2006-007, Contractor Code of Ethics and Business Conduct. This proposed rule posted in the Federal Register February 16, 2007, is to establish a code of ethics for contractors similar to the Federal Acquisition Regulation (FAR) guidance on improper business practices and personal conflicts of interest by federal procurement officials. The proposed rule adds a Contractor Code of Ethics and Business Conduct to FAR. Code of Federal Regulations (CFR) 48 parts 2,3,52.

For more info click here


How can the CEO make the difference?

Too many companies have made the headlines because of illegal and unethical conduct.  The cost to a company in terms of fines, penalties, reputation and lost business can be staggering.  The individual costs to those involved can be shattering. We hear much about the need for the right tone at the top, but what does this mean in practical terms?

The following is just one list of ideas for executives to consider. A creative executive, working with his or her compliance and ethics professional, can probably come up with many more, but this is offered as a pump primer to get the ideas flowing: click here for more.


Building Incentives In Your Compliance & Ethics Program
By Joe Murphy

This is a discussion draft of a white paper offered by the Society of Corporate Compliance & Ethics. This paper is offered publicly as an aid to the profession. Click here to download the paper.

An appendix of useful materials and practice tools is available in the members-only section of the Web site. Click here to download the members-only version (you may be asked to log in).

We invite comments, questions and additions to this project. Forms and examples can be included for attribution or with identification removed, as preferred by the submitter. Contributors will be acknowledged in the credits.
Please send your comments to jemurphy@cslg.com.


Breaking News: PCAOB Proposes Guidance to Reduce SOX 404 Compliance Costs
December 20, 2006 The Public Company Accounting Oversight Board (PCAOB), in an effort to reduce the cost of compliance with Sarbanes-Oxley Section 404, made public Release No. 2006-007.  The new guidance, which is being referred to as AS5, proposes changes to existing external auditing standards (AS2) as they apply to Section 404 compliance.  The proposed guidance is in response to the concerns raised over the costs of complying with Section 404.  The PCAOB will finalize AS5 after a 70-day public comment period ending on February 26, 2007. 

The proposed rules along with the recent SEC announcement regarding the formal adoption of compliance dates for small-cap companies (under $75 million market cap), signals the SEC and PCAOB's intent to maintain Section 404 requirements, but at the same time reduce the costs associated with compliance efforts at public companies.  Under the proposed guidance, greater emphasis will be placed on external auditors to take materiality, risk, and company size into account. In addition, AS5 attempts to reduce the number of redundant activities currently required under AS2 and provide greater flexibility to accept the work of others and company management in assessments of internal controls, including the design of a company's internal controls.  In many cases, the test of design can be approximately 25% of management's effort to comply.  With this change, auditors are permitted to rely on that work if it is done independently and with competence.  With the new guidance, the PCAOB believes that compliance costs can be controlled while remaining true to the intentions of the Sarbanes Oxley Act of 2002. 


New Survey Shows that Employees Don't Understand Perils of Computer Use at Work
WeComply, a leading provider of business ethics and compliance training, has released the results of a survey entitled Nothing Personal: 2006 Survey of Computer Use at Work. Fielded by Kelton Research, the survey asked 1,000 U.S. workers if they realized that their "personal" computer activities at work could wind up as business records of their employer. Among the surprising results: more than half of those surveyed did not realize that personal e-mail, instant-messaging and similar activities on work computers could become business records that expose them and their employers to liability.
For a copy of the survey report:  go to http://www.wecomply.com/land/esi1.htm.


United States vs. Caputo
Robert M. Riley, Vice-President of Regulatory Affairs and Chief Compliance Officer, AbTox, Inc., is one of only a few Chief Compliance Officers ever tried and convicted in federal court.
Click here to view the opinion


Settlement Agreement in Mellon Bank Case
Click here to view the agreement


California Law Mandates Sexual Harassment Training
Click here to download the law


U.S. Court of Appeals Rules on SOX Protection for Foreign Citizens
"Whistleblowers" SOX protection not extended to foreign citizens working outside the United States for foreign subsidiaries of companies covered by SOX. For more information, click here to download a PDF of the January 5, 2006, ruling.


Notes from Compliance & Ethics 202
Click here to download participant ideas and challenges from the Compliance & Ethics 202 session at SCCE's Compliance and Ethics Institute, September 11-13, 2006.


California Pharmaceutical Legislation
Click here to download information about California legislation that requires pharmaceutical companies to have corporate compliance programs.


OIG HHS Compliance Program Guidance
for Pharmaceutical Manufacturers
Click here to download


ImageSummary of Sarbanes-Oxley Act of 2002
The move by many to develop corporate compliance programs came after passage of the Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act was designed to help ensure the accountability of corporate executive management and directors, primarily in the interest of protecting public companies' external investors. Sarbanes-Oxley requires management certification of financial reports, and specifies substantial penalties for non-compliance.

Click here to download a summary on the Sarbanes-Oxley Act of 2002.

Download Optimising the Role of Internal Audit in the Sarbanes-Oxley Era.


More Resources

Personnel Evaluation Form: Coverage of Ethics and Compliance  (Word Doc)

Securities and Exchange Commission EDGAR Database

CORPORATE RESPONSIBILITY AND CORPORATE COMPLIANCE:
A Resource for Health Care Boards of Directors


Corporate Responsibility and Compliance  (PPT 569K)

Sarbanes-Oxley - Frequently Asked Questions Guidebook Regarding Section 404 - Internal Controls (PDF 1mb) 
 Thanks to Protiviti Inc.| 888.556.7420 | www.protiviti.com

Download the HCCA Sarbanes Oxley Member Survey (PPT 6mb)


PCAOB - Public Company Accounting Oversight Board

PCAOB Press Release

WSJ Accounting Board Releases Guidance for Sarbanes-Oxley

PCAOB Auditing Standard, May 16, 2005

Auditing Internal Control Over Financial Reporting, January 21, 2005

Auditing Internal Control Over Financial Reporting, November 22, 2004

Auditing Internal Control Over Financial Reporting, October 6, 2004

Auditing Internal Control Over Financial Reporting, July 27, 2004

Auditing Internal Control Over Financial Reporting, May 16 2004


Conference on Moral Imagination

Compliance Programs as a Framework for Preventing and Detecting Employee Misconduct (PPT Presentation 149K)

Vickie L. McCormick
Special Counsel and Consultant
612-204-4156
vmccormick@halleland.com

Increasing Firm Value Through Detection and Prevention of White Collar Crime
(PPT Presentation 151K)

Karen Schnatterly
Assistant Professor
University of Minnesota
kschnatterly@csom.umn.edu

Increasing Firm Value Through Detection and Prevention of White Collar Crime
(PDF Document 140K)

Karen Schnatterly
Assistant Professor
University of Minnesota
Strategic Management and Organizations Dept. 3-365
Carlson School of Management
kschnatterly@csom.umn.edu

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Society of Corporate Compliance & Ethics
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