CRI™ to attend 2022 Trade Winds Dubai, Gulf Region | March 6-8
2022 Trade Winds
We are delighted to unveil our place at the 2022 Trade Winds As the largest annual U.S. government trade mission – meet with Corporate Research and Investigations Limited (CRI Group™). Trade Winds, the largest U.S. Government-led trade mission and business development forum will be held in Dubai, UAE at the InterContinental Festival City, at the same time as World Expo.
Dubai, UAE | March 6-8, 2022
Join us in Dubai, UAE for the largest U.S. government-led trade mission and business development forum. Organized by the U.S. Commercial Service, Trade Winds will feature meetings with U.S. commercial diplomats from over 20 countries in the Middle East, North Africa and Sub-Saharan Africa, exciting conference programming and plenty of networking. The registration fee for the forum is $750 per attendee.
Qualified U.S. businesses may customize their experience with optional business-to-business matchmaking meetings with pre-screened buyers, agents, distributors or joint-venture partners in the United Arab Emirates (March 8) as well as Algeria, Israel, Morocco and Qatar (March 2-3) and Saudi Arabia, Kuwait, and Egypt (March 9-10).
About Trade Winds
Trade Winds is a multifaceted program designed to help companies achieve growth and exposure in specific markets or regions around the world. All companies participate in the Trade Winds Forum which includes a business conference, meetings with U.S. commercial diplomats from the region, networking opportunities, two receptions, and a sponsor exhibition. The average Trade Winds Forum attracts over 300 attendees and is the main gathering for all registered individuals.
U.S. exporting companies may customize their experience with optional business-to-business matchmaking meetings with pre-screened buyers, agents, distributors or joint-venture partners in the host country as well as additional mission stop markets. For questions, please contact TradeWinds@trade.gov.
About CRI Group™
Corporate Research and Investigations Limited, or CRI Group™ for short, has been safeguarding businesses from fraud, bribery and corruption since 1990. Globally, we are a leading Compliance and Risk Management company licensed and incorporated entity of the Dubai International Financial Center (DIFC) and Qatar Financial Center (QFC). CRI® protects businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. Based in London, United Kingdom, CRI® is a global company with experts and resources located in key regional marketplaces across the Asia Pacific, South Asia, the Middle East, North Africa, Europe, North and South America. Our global team can support your organisation anywhere in the world.
Meet Samia El Kadiri; Gifted Consultant, Author & Trainer
CRI Group™ is delighted to welcome Samia El Kadiri as an Auditor at our sister brand the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence. Samia provides audit services and expertise on existing compliance and Anti-bribery Anti-corruption management systems to assess effectiveness and vulnerabilities while ensuring compliance with Internal Standards, FCPA rules, UK Bribery Act laws, Anti-Money Laundering regulations, and all other global, regional and local regulations. For this reason, we are also delighted to announce that Ms El Kadiri will be a guest speaker on our upcoming webinar with our sister brand ABAC® titled “Building a Culture of Compliance and Trust Through ISO 37301:2021 Compliance Management Systems”.
MORE ON THE WEBINAR HERE
Widespread trust is built on a company culture of doing the right thing, where every employee contributes because they understand and believe in its importance. Don’t miss out!
Meet Samia
Samia El Kadiri Consultant , Author & Trainer 6σGB |IRCA- QMS Lead Auditor | TOT Auditor | Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence |
She brings in over eight years of progressive experience working in private and government owned entities in compliance, management, quality assurance and excellence functions. Possess keen understanding, oversight and reporting mechanisms on Financial Crimes – Anti-Money Laundering, UAE Central Bank regulations, Dubai and UAE federal government mandates. She Developed and delivered various number of workshops and awareness sessions to leaders and decision makers on “Good Corporate Governance Practices”, “Development of Strategic Plan and Effective Policies” and “Financial Ethics” (AML&CFT according to local Guidelines). She authored reports and research papers on Compliance and the evolution of CG in the MENA region.
She participated in the ESG Index; MENA wide Environment, Social and Governance (ESG) Index in cooperation with Standard & Poor’s with the support of the International Finance Corporation (IFC).
She is a Consultant at DIFC – Hawkamah Institute for Corporate Governance charged with leading entities consultancy and advisory engagements in identifying the relevant controls, processes and frameworks and recommend areas of improvements. She works closely with clients in assessment and development, advisory and succession planning across multiple industries (Dubai and Federal Government entities, Healthcare, Financial institutions including Banks, and Real Estate) and functional topics (Ethics, Strategic excellence, ESG, Clinical Governance, Regulatory Compliance, Audit & Risk , Policies & Procedures…etc.).
Prior to joining Hawkamah she was the Regulatory Compliance Officer and Chief Editor of Compliance newsletter at Wall Street Exchange, a member of Emirates Post Group where she developed systems, policies and procedures for compliance of relevant UAE laws. Prior to that she worked with the American Clinics for Psychiatry and Neurology where she focused on health care compliance of Dubai Healthcare Authority’s mandates. Prior to ACPN she worked at Roads and Transport Authority (RTA) in Dubai where she focused on government excellence, quality management, and customer happiness.
She is Graduated with a BSC in Economics. She is a Certified Train the Trainer – Institute of Leadership and Management (UK), In addition to other accreditations related to Anti-Money Laundry (AML) and Counter Financing Crimes. She is fluent in English, Arabic and French.
WATCH SAMIA AT OUR UPCOMING WEBINAR
Samia is our guest speaker at our upcoming WEBINAR “Building a Culture of Compliance and Trust – an essential part of a corporate compliance program”. Our intention with this free webinar is to be able to provide resources on corporate compliance to organisations around the globe that will aid them in expansion and an ethical working environment. Widespread trust is built on the corporate culture and understanding of making the morally correct decision and we want to aid organisations to reach a degree to which every employee contributes towards this because they understand and believe in its importance. Our “Building a Culture of Compliance and Trust Through ISO 37301:2021 CMS” webinar will highlight all essential parts of a corporate compliance program.
SAVE YOUR SEAT NOW!
Our webinars, resources and other events are always designed with our clients in mind. Expect to be provided detailed insights and expert opinions to all of your questions and queries in regards to compliance adequate due diligence for third-party risk management, corporate compliance program and what it means for your organisation.
Check out some of Samia’s publications:
- “HOW SHOULD BOARD MEMBERS OVERSEE CRISIS COMMUNICATIONS” – Thought leadership piece published on April 2020 with a comprehensive review of GCC Corporate Governance regulations on crisis communication.
- “CORPORATE GOVERNANCE AND DATA PROTECTION DEVELOPMENTS ACROSS THE GCC” – A study report in partnership with a leading Corporate Governance software provider company, it provides an overview of recent developments in corporate governance and data protection landscape in the MENA region.
- UAE Business Magazine, Article “The Benefits of Good Governance in Times of Crisis”
- “COMPLIANCE FUNCTION; Reporting lines and Effectiveness” – Survey report about the role of Compliance function in the MENA region- July 2021
What is Business Intelligence? Investigative Operations vs Intelligence Operations
What is Business Intelligence?
What is Business Intelligence? How are Investigative operations are compared to Intelligence operations? Business Intelligence (BI) is a phrase coined for the analytical procedures an organisation commences. Business Intelligence is known to be a successful method of conducting market research as it merges data derivative from the peripheral environment (i.e., market and industry) in which an organisation operates with data from the core environment of the organisation as fiscal and controls data. When combined, this data can deliver a complete image of any business decisions a firm can make as a means of benefit to themselves; this ranges from operational decisions such as product positioning to strategic decisions such as pricing.
What is Counted as Business Intelligence Solutions?
Business Intelligence (BI) Solutions can take on numerous forms and structures in today’s complex corporate environment. BI solution investigates everything from assets to the exterior disputes facing an organisation. It can also appraise an organisation’s employees to ensure that the organisation’s integrity, reputation, and bottom-line profits are safeguarded from any malice and illicit activities.
CRI Group™ Takes Two Approaches to BI Solutions:
- Intelligence operations (via market research and analysis): we focus on researching the future and potential growth of your business – i.e. determine the commercial viability and potential for success in the market, analyse consumer behaviour and business trends in that market, etc.
- Investigative operations (via commercial investigations): we focus on the status of your business – i.e. location of assets, financial information, identification of unmet needs of any market, gauge brand awareness and identity in the market, etc.)
Why not check out our BI solutions brochure to know more about our approach.
What are Intelligence Operations?
Investigation and Evaluation facilities are constructed to aid clients during the business intelligence procedure. Intelligence operations are highly acclaimed for organisations of all industries as the service aids the preliminary phases of detecting the necessary components for a suitable corporate policy to the closing phases of execution. At CRI Group™ we know that data is your greatest advantage when performing enterprise on several degrees.
Our market research will collect the statistics mandatory to make significant corporate decisions; everything varying from registering into other markets or industries to associating or partnering with other organisations (i.e., Mergers and Acquisitions) is covered in our BI Solutions. CRI Group™ is proficient in understanding and transmitting this data in a way that allows you to implement it into your corporate development; our experts are trained to the highest degree and understand how to get the proper data promptly.
CRI™’s methodology is to assist the organisation in tracing corporate movements and market changes which in turn, will aid in steering them through the practice of successfully conveying their brand in the larger market to then be able to market their goods and services accordingly. With representatives in nations across the globe, CRI Group™ is distinctively situated to assist you in traversing cultural and regulatory environments to maximise your market potential in the regions you seek to trade.
Gaining insight into how your brand reputation affects potential buyers and understanding what motivates the market to purchase will enable you to establish effective marketing programs that impact your audiences and build brand loyalty among buyers.
What are Investigative Operations?
It is no secret that every industry has its issues. Some matters, however, such as Employee Theft, Company Fraud, rivalry, continuous malingering, or Industrial Espionage, can start on a moderately trivial scale but as time advances, the culprit becomes brasher in their endeavours (typically due to an absence of discovery) instigating the situation to develop out of control and start being detrimental your commerce.
As an organisation, you have every right to be involved with the internal activities of your firm hence, carrying out commercial investigations on your employees as a means of curtailing threats is not out of the question. Our team of experts can support you to do this in a manner that is equally as ethical as it is providing as it delivers you the data you so greatly pursue.
Commercial investigations can be achieved for any form of an enterprise including commercial, industrial, legal, and public sector corporations. Our team hail from a range of diverse backgrounds, including military and fraud investigators which is why CRI Group™ is so adaptable in its approach to help you with intelligence and investigative operations.
A little bit overwhelmed and wanting to learn more? Get in touch and let us know how we can help!
Who is CRI Group™?
Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence and other professional Investigative Research solutions provider. We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
Anti-Money Laundering (AML) Checks; The Lowdown
Anti-Money Laundering checks is a broad term applied to define checks conducted as a portion of the UK’s Anti-Money Laundering regulatory framework. An AML can be a check on a person carrying out a specialised role, or an organisation supplying goods or services. The official structure comprises of various distinct Acts and Regulations and differs from nation to nation depending on the laws and legislations the land has in place. The UK law makers are frequently recognised to pursue regulations that aim to counteract, identify, and report money laundering pursuits. This is in an effort to deal with the ever-increasing concerns encompassing criminal activity, terrorism, extremism and profits of corruption. In that sense, the UK Government have succeeded in detecting various vital segments that may be prone to money laundering and ought to take the lead in advocating for best practice and greater regulation within corporate organisations. This is comprehensive of a number of legal and fiscal sectors.
Why are Anti-Money Laundering Checks (AML) Necessary?
Anti-Money Laundering checks intend to generate alterations in the notion adjacent to money laundering as well as other types of monetary violations. Countless trade regulators and organisations employ Anti-Money Laundering checks as the first step in the HR and recruitment process as it helps HR people ensure that employees and candidates have the qualification to work or practice. Checks are also frequently utilised to detect clients while also confirming that additional organisations in the supply chain are proper and appropriate for the business needs. There is no exact collection of obligations for all Anti-Money Laundering checks nevertheless, the existing applicable regulations that are in place to pursue the advancement of risk-based intelligent surrounding money laundering and other such activities. However, it is important to note that there are laws in place that correlate with the need for an anti-money laundering check. Some of the legislations in the UK for instance include:
- The Terrorism Act 2000 (as amended by the Anti-Terrorism Crime and Security Act 2001 and the Terrorism Act 2006
- Anti-terrorism, Crime and Security Act 2001
- The Proceeds of Crime Act 2002 (POCA) as amended by the Serious Organised Crime and Police Act 2005 (SOCPA)
- Counter-terrorism Act 2008, Schedule 7
- Terrorist Asset-Freezing Act 2010
- The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- The Criminal Finances Act 2017
An efficient Anti-Money Laundering structure is an indication of your organisations position in opposition to its competitors in the industry against the fiscal offenses. As international commercial nations become progressively more mindful of their obligations, international organisation must develop the comprehensive capability to report these matters and execute procedures, practices, and related risk assessment mechanisms in a bid to minimise their risk and consequence in the grand scheme of things.
CRI™ Anti-money laundering (AML) consultative solution intends to help the investigation of existing systems and further improve operational solutions that decrease your organisations risk of falling quarry to operative, supplier, or outside corporate and fiscal crimes. Our immense Anti-Corruption and Compliance network offers the defense you require when making significant bottom-line decisions crucial to your organisation’s success.
What are the Outcomes of a Deficient AML Framework?
To have inadequate regulations can result in being indicted with participating in illicit pursuits surrounding money laundering and lead to several of the subsequent adverse outcomes:
- Damaged corporate reputations: brands and organisations who have a diminishing reputation can progressively expect both their supplier and consumer base to weaken causing brand devaluation. This can lead to monetary complexities as well as challenges being able to work in partnership with other organisations and suppliers as a great reputation ensures collaborators that your organisation conducts business lawfully and suitably making them more probable to want to work beside your organisation.
- Negative investor perceptions: in correlation to a wounded reputation, organisations may also find it increasingly challenging to find investors to back their ventures. This could lead to the premature shutting down of a business as well as other issues such as liquidation and bankruptcy.
- Corroding employee morale: trustworthy enterprise always begins from within the corporate culture. Engaging in illicit activities often result in high employee turnaround whilst also corroding employee morale and giving them the opportunity to embark on other illicit activities within the corporate area. This may lead to fraud, bribery and corruption commenced by the employees which is a detrimental and ominous oversight for any organisation. It’s also just as important to screen your employees so you know that your employees are competent for the role in question. Find out more about our employee background screening solutions here.
- Probable consumer boycotts: ethics are just important to a brands consumer as it is to the brand. In the wake of social activism, no organisation is renowned enough to not fall victim to a boycott effort. You may have some loyal consumers left but your organisation may end up with a longstanding, damaged reputation.
- Possible legal action: A general trend when it comes to issues surrounding money laundering is that it usually leads to further penalties surrounding fines and expenses. In this case, legal action not only damages the reputation of an organisation to investors, suppliers, and consumers, it can also result in fines & potential jail terms for company directors and fighting these cases are often as costly as they are time consuming.
It is evident to see that the aftermath of partaking in illicit money laundering schemes and not implementing anti-money laundering checks can lead to the downfall of the entire organisation. And in a world of ever-tightening regulations, why wouldn’t you want to be one step ahead of the industry?
If the perception of an AML check still feels a little overwhelming to you, why not consider booking a free 30-minute consultation with one of our experts here at CRI® Group? Our specialists have years of experience and are qualified to offer your organisation personalised guidance to fit your professional requirements. Don’t hesitate, get in touch today and stay ahead of the rules and regulations that impact your organisation.
Risk Management New Approach. All Explained in this Free Playbook!
Risk Management New Approach. All Explained in this Free Playbook!
Risk management new approach. How do you manage risk? Managing risk effectively is essential to ensure businesses succeed and thrive in an environment of constant uncertainty. All types and sizes of organisations face internal and external factors that directly impact whether an organisation can achieve their objectives or not. CRI Group™ can help you simplify risk management through a wide range of solutions that can be fully customised, regardless of the size, nature, or location of a business.
An organization can implement risk management across the entire company, and it can do so at any time. Risk management plans, such as ISO 37001 Audit Process, can offer several benefits that make them a worthwhile endeavor for every business. For example, risk management plans help companies to identify the potential risks they may face. Being aware of these risks allows businesses to make plans to avoid specific risks or deal with them when they arise. There are many benefits of implementing a risk management strategy:
- Can be used by organizations to compare their risk management practices with an internationally recognized benchmark, providing sound principles for effective management and corporate governance.
- Leads to more satisfied customers is a clear indicator to your customers and other stakeholders that as an organization, you are committed to managing risks in every part of your business.
- Increases public confidence in the organization as it demonstrates your management capabilities in protecting your business from internal and external threats.
- Gives you a healthier bottom line.
- Makes for consistent and efficient operations.
- In competitive bidding for commercial tenders, it will enhance your company’s reputation and give you a competitive advantage.
This playbook covers everything you need to know about Risk Management. Here’s a quick rundown of the playbook structure:
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What is Risk?
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What is Risk management?
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How is risk management evolving to tackle modern challenges?
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Business Risks Every Organization Should Plan For
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Principles of Risk Management
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How Risk Management and Due Diligence Interlock?
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and more
In a risk environment that continues to grow more hazardous and expensive, companies need to consider implementing strategic risk resources throughout their organization as a means of developing buoyancy and gaining a competitive edge in the market.
If you’re still unsure, why not arrange a free consultation with one of our risk management experts today? CRI Group™ has worked with clients from all over the globe and ensures that each client receives personalized advice in accordance with their needs.
CRI™ offers a wide variety of risk management solutions to meet the needs of different companies. Please contact us today to learn more about the importance of a risk management plan, general risk assessment or to know about our solutions.
Who is CRI Group™?
Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider. We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. In addition, CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
Risk Assessment Breakdown: Identification, Analysis, and Evaluation
Risk management is a full-time, ongoing endeavour for organisations in today’s business world, and it poses constant challenges. Unfortunately, fraud, bribery and corruption are major factors affecting businesses and agencies of all sizes and industries. Being proactive against these risks can mean the difference between success and ruin. Whatever your reasons or motivations might be, if your organisation’s objective is to have an effective risk assessment management strategy in place. This article discusses the importance of Risk Assessment. There are two important building blocks that form the core of risk management:
- Risk assessment
- Risk treatment
Each of these stages can stand on their own – in this article we will go into detail about best practices for identifying risks, how to analyse them in terms of probability and severity, and how they can be evaluated in terms of the company’s risk appetite.
What is Risk Assessment?
Risk assessment is the overall process of identification, analysis and evaluation of any given risk. It can be a systematic examination of a task, job or process that a risk professional carries out at work for the purpose of identifying significant hazards. For example, the risk of someone being harmed and deciding what further control measures to take to reduce the risk to an acceptable level. The process will vary between organisations, but it should start with identification of hazards, analysis of who and what might be harmed, evaluation of the risk, documentation of the risks, taking action and review. Your organisation should conduct a risk assessment systematically, interactively and collaboratively, drawing on the knowledge and views of stakeholders. It should use the best available information, supplemented by a further inquiry as necessary.
Risk assessment breaks down into:
- Step 1: Identification
- Step 2: Analysis
- Step 3: Evaluation
Business Intelligence (BI) Solutions can help during this stage. BI take many shapes and forms in today’s complex business environment. Budgets are stretched and the challenges facing a business and its employees can sometimes lead to issues that start off small, but then lead to wider spread problems which can affect the very fabric of your organisation and damage both your credibility, reputation and bottom line profits. CRI Group™ takes two approaches to BI solutions:
- Intelligence operations (via market research and analysis): we focus on researching the future and potential growth of your business – i.e. determine the commercial viability and potential for success in the market, analyse consumer behaviour and business trends in that market, etc.
- Investigative operations (via commercial investigations): we focus on the current status of your business – i.e. location of assets, financial information, identification of unmet needs of any market, gauge brand awareness and identity in the market, etc.)
CHECK OUT OUR BI SOLUTIONS or DOWNLOAD BROCHURE
Risk Identification
The purpose of risk identification is to find, recognise and describe risks that might help or prevent an organisation achieving its objectives. Relevant, appropriate and up-to-date information is important in identifying risks. The organisation can use a range of techniques for identifying uncertainties that may affect one or more objectives. The following factors, and the relationship between these factors, should be considered:
- Tangible and intangible sources of risk;
- Causes and events;
- Threats and opportunities;
- Vulnerabilities and capabilities;
- Changes in the external and internal context;
- Indicators of emerging risks;
- The nature and value of assets and resources;
- Consequences and their impact on objectives;
- Limitations of knowledge and reliability of information;
- Time-related factors;
- Biases, assumptions and beliefs of those involved.
Your organisation should identify risks, whether or not your sources are under your control. Consideration should be given that there may be more than one type of outcome, which may result in a variety of tangible or intangible consequences.
Risk Analysis
Risk analysis allows you to understand the nature of risk, its characteristics and level. Because an event can have multiple causes and consequences and can affect multiple objectives a risk analysis should involve a detailed consideration of uncertainties such as risk sources, consequences, likelihood, events, scenarios, controls and their effectiveness.
Risk analysis can be undertaken with varying degrees of detail and complexity, depending on the purpose of the analysis, the availability and reliability of the information, and the resources available. Analysis techniques can be qualitative, quantitative or a combination of both, depending on the circumstances and intended use. Risk analysis should consider factors such as:
- The likelihood of events and consequences;
- The nature and magnitude of consequences;
- Complexity and connectivity;
- Time-related factors and volatility;
- The effectiveness of existing controls;
- Sensitivity and confidence levels.
A risk analysis is likely to be influenced by a wide range of variables, from any divergence of opinions, biases to perceptions of risk, from judgements, quality of the information used to the assumptions and exclusions made and any limitations of the techniques and how they are executed. These influences should be considered any risk analysis, documented and communicated to any decision-makers involved in the process.
It is important to remember that any highly uncertain event can be difficult to quantify, and this is an issue. If you find yourself in such a situation, using a combination of techniques generally provides greater insight. Risk analysis provides input to risk evaluation, to decisions on whether risk needs to be treated and how, and on the most appropriate risk treatment strategy and methods. The results provide insight for decisions, where choices are being made, and the options involve different types and levels of risk.
Risk Evaluation
Risk evaluation can support your decisions. Risk evaluation involves comparing the results of the risk analysis with the established risk criteria to determine where additional action is required. This can lead to a decision to:
- Do nothing further;
- Consider risk treatment options;
- Undertake further analysis to better understand the risk;
- Maintain existing controls;
- Reconsider objectives.
Any decisions should take into account the wider context and the actual and perceived consequences to external and internal stakeholders. The outcome of risk evaluation should be recorded, communicated and then validated at appropriate levels of the organisation.
Who should do Risk Assessments?
Well, by law, every employer must conduct risk assessments. Risk assessments should always be carried out by a professional who is familiar to risk, a person who is experienced and competent to do so. Competence can be expressed as a combination of knowledge, awareness, training, and experience. Remember competence does not mean you have to know everything about everything, competence also means knowing when you know enough or when you should call in further expert help.
But we all like to think that all of our employees will be trustworthy, but this is not always the case. There have been many instances in which an employee has been dishonest about their job history, qualifications or even criminal history. A dishonest employee could be unqualified for the position, possibly endangering others on the job. Or they might be a fraud risk, willing to bend the truth in other ways in order to enrich or advance themselves on your dime. No organisation can afford to have employees or staff who aren’t what they claim to be. Even a seemingly innocent embellishment can indicate more background problems under the surface, and the potential for future problems down the road so remember, trust your employees but, verify them too.
CHECK OUT OUR EMPLOYEE BACKGROUND SCREENING SOLUTIONS or DOWNLOAD BROCHURE
Risk Assessment and ISO 31000 Certification with ABAC™
While the team at CRI® do not deliver any training or certification on ISO 31000, our partner ABAC™ Center of Excellence do. ISO 31000 can provide the principles, framework and a process for managing risk. ISO 31000 is not a certifiable standard; the standard is a set of guidelines which provide guidance for internal or external audit programmes. However we recommend taking ISO 31000 Awareness training, this will enable you to fully understand Risk Management activities and mitigate risk.
ISO 31000 was developed by hundreds of experts in risk mitigation, from thirty countries. This international effort produced a standard that is worldwide and represents best practices and leading operations for risk management. Organisations can trust that they are following a tested, robust standard to increase success. The standard converts risk management into a set of “friendly” and actionable – and straightforward to implement – guidelines, regardless of the size, nature, or location of a business.
The training helps establish an ethical culture by educating your personnel on the following:
- What constitutes fraud, corruption, and bribery, and why these are so damaging to business
- How to identify red flags of fraud, corruption, and bribery
- The process for reporting fraudulent and unethical acts
- The organization’s zero-tolerance attitude toward unethical behaviour and willingness to terminate employees for breaches, and prosecute unethical acts
- The serious ramifications for committing fraud or bribery, the legal consequences, and the negative impact on one’s career
The ISO certifications helps us at ABAC™ to provide appropriate anti-bribery training to personnel across various industries. This standard helps to assess bribery risks, perform the appropriate due diligence required for your business and to take reasonable and proportionate steps to ensure that controlled organizations and business associates have implemented appropriate anti-bribery controls.
> Find out more about ISO 31000 Risk Management and other standards now!
Other Solutions
While CRI™ may not offer the ISO certification, we do offer other services. We specialise in solutions regarding compliance, working as trusted partners to businesses and institutions across the globe. Our experts work with energy, insight and care to ensure we provide a positive experience to everyone involved – clients, reference providers and candidates. CRI’s unique identity and vision evolved from our fundamental desire to support our clients and their candidates, thus creating the DueDiligence360™.
The DueDiligence360TM reports to help organisations comply with anti-money laundering, anti-bribery, and anti-corruption regulations. This service also proves beneficial ahead of a merger, acquisition, or joint venture as it can be used for a third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures. Identifying key risk issues clearly and concisely helps enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.
Why not consider our background investigative solutions? Employee Background Checks can aid in reducing the risk of hiring an employee who does not live up to their supposed skill set and could cause irrevocable damage. Firms spend years, thousands, even millions to brand their products and services – it only takes one bad hire to cause loss of capital and reputation. It can go as far as bringing a business to fail – especially if the employee holds malice towards the organisation. EmploySmart™ is CRI’s own solution aiming to expose vulnerabilities and threats within your organisation. Much like the ISO certification, our EmploySmart™ is a risk management measure which can be used to significantly reduce business and financial crime, fraud and malpractice within your workplace.
Our solutions are also certified by the British Standard Institute BSI for the scope of BS 7858:2019 Screening of individuals working in a secure environment, Code of practice (the only BS 7858 certified background screening services provider in the UAE and across the Middle East); and BS 102000:2018 Code of practice for the provision of investigative services.
Another risk management solution to consider from CRI® is our Third-Party Risk Management solution (TPRM), also known as 3PRM™. In wake of the global pandemic, the 3PRM™ was developed in a bid to aid organisations to accurately determine the legal compliance, financial viability, and integrity levels of external parties, vendors, and customers who seek to be affiliated with and represent the business.
The 3PRM-Certified™ program consists of gap analysis and investigative due diligence on the targeted above parties. This highly thorough program reveals anti-corruption, compliance and risk management discrepancies associated with the international regulatory framework helping your business to flourish at any scale. Find out more about CRI Group’s Solutions here.
If you’re unsure of what solution may be best for you and your business, how about connecting with one of our experts for a free consultation? Receive tailored advice from the top analysts and investigators across the globe.
About CRI Group™
Based in London, CRI™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider. We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
In 2016, CRI™ launched Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC™ operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI® Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC™ for more on ISO Certification and training.
WEBINAR | Breaking Down The ISO 37001 Audit Process
There is no “one-size-fits-all” method to the ISO 37001 Audit Process to achieve the anti-bribery management systems certification
There’s been much discussion surrounding ISO 37001:2016 Anti-Bribery Management Systems and the ways that attaining certification to the standard can enhance an organisation’s existing anti-corruption compliance program.
The ISO 37001:2016 standard specifies a series of measures and controls to help organisations prevent, detect and address bribery. These measures include adopting an anti-bribery policy, appointing an individual to oversee anti-bribery compliance, training, risk assessments and due diligence on projects and business associates, implementing financial and commercial controls, and instituting reporting, investigation and monitoring procedures.
CRI Group’s ABAC™ will be hosting a paid webinar on the 30th of September exploring the Pitfalls Most Organisations Often Commit – the importance of implementing Anti-Bribery Management System (ABMS). Being a part of the solution means being able to share our expert knowledge on what would be best for your organisation.
Our webinar will have a rundown of the following:
- What are the core Bribery and Corruption Risks for Financial Institution?
- How to protect financial institutions and corporations from bribery and corruption risk
- Reparations from bribery that could affect the businesses, clients, and employees
- Successful regulations to mitigate risk for bribery and corruption.
- What can be done if bribery is detected?
- Internationally recognised solutions laid forth by ISO 37001: Anti-Bribery Management System that gives businesses effective controls to mitigate risk
- Components of risk management at a financial institution
Certification of compliance with the standard is based on an impartial, independent third-party review, assessment and audit of the organisation’s anti-bribery management system and the versatility, effectiveness and proactive nature of said system.
The compliance audit itself has too often been referred to as a “one-size-fits-all” or “check-the-box” subjective process, which couldn’t be further from the truth. Proper certification to the standard requires a substantial amount of preparation and self-assessment beforehand; a highly involved review, interview and audit process (often involving a sampling of affiliated or regional offices); and an evaluation and monitoring phase which is annually conducted over the three-year certification cycle.
Let’s take a brief look at the audit process and examine why large multi-national companies such as Walmart, Microsoft, Alstom and a host of others have weighed the costs and benefits, and subsequently committed to attaining ISO 37001:2016 certification.
An Evidence-Based Review; A Risk-Based Approach
The ABMS audit is a diligent approach that links auditing activity to an organisation’s overall risk management framework, providing assurance to top management that risk management processes are effectively addressing all bribery risks throughout the organisation and its operations.
It should be noted that the certification audit isn’t solely structured on a review of paper-based controls. As you’ll read below, the process assesses the organisation’s overarching stance on anti-bribery and how that stance is conveyed — tangibly and intangibly — from the board of directors right down to lower-level staff members.
Employing interviews, policy reviews, sampling, due diligence and testing of methods and techniques, the audit will produce sufficient evidence of a sound anti-bribery management system, while spotlighting specific areas of risk that demand attention and subsequent improvement to adhere to the standard.
Certified Auditors; ISO 37001 Anti-Bribery Experts
First and foremost, ISO 37001:2016 auditors must be specifically certified and credentialed in order to lead and conduct such audits. Auditors are guided by the requirements of ISO 17021-9 to conduct an ABMS assessment. To attain this status, auditors must undergo intensive training to fully comprehend the concepts and principles behind the various ISO management systems compliance, and the corresponding specifications and auditing techniques associated with those ISO guidelines. From that training, auditors will gain the necessary knowledge and skills to effectively plan and perform related audits.
Further — and just as vital — auditing professionals must possess considerable experience in the areas of anti-bribery and anti-corruption, and have deep-seated knowledge of the industry sectors and the respective geographic regions (with a familiarity of the legal jurisdictions) served by the organisation being certified.
And finally, the ISO 37001:2016 auditor must be qualified to serve as a helpful, non-confrontational advocate during the entire audit process, expertly guiding the organisation through the process with the shared goal of achieving outcomes that will ultimately fortify the organisation’s commitment to battling instances of bribery in the global marketplace.
The ISO 37001 Audit Process
The process, which adheres closely to ISO 19011 requirements, begins well in advance of the on-site visit, with the auditor conducting a thorough analysis of news, social media and other public domain information pertaining to the organisation. This outside review oftentimes helps the auditor determine the organisation’s perceived “culture of compliance” prior to initiating the audit.
The audit process itself is a critical assessment of a number of crucial elements that are required by the ISO 37001:2016 standard, and a determination of how the overall policy is represented by the various roles and responsibilities throughout the organisation. The process entails:
- A review of the organisation’s anti-bribery policies, procedures and controls;
- An assessment of the organisation’s plan for communicating its polices to all employees worldwide;
- In-depth interviews with compliance personnel, leadership, management, and legal, finance, procurement, human resource and communications staff members to assess familiarity with the policies and comprehension levels for identifying and responding to red flag events;
- A review of all procedures and instructors involved with the organisation’s anti-bribery training;
- Performing risk assessments specific to particular projects, industries, regions, jurisdictions and third-parties associated with the organisation;
- Conducting due diligence on third-party partners (by region);
- Assessment of monitoring, reporting and investigation procedures as related to anti-bribery events;
- Bench-marking the organisation’s overall commitment to its anti-bribery policy and management systems;
- Assessment of the organisation’s financial controls to detect and prevent incidences of bribery;
- Review of all corrective actions to the policy following a bribery investigation;
- Confirmation of the organisation’s attempt at continuous improvement of the anti-bribery management system.
And throughout the various processes of observation, document review, sampling, interviews, technical verification and evaluation, the audit team is constantly meeting and communicating through the proper channels to assist the organisation in identifying risks and improving its processes and procedures.
The audit process can take weeks or months to complete, and needless to say, this process varies widely between organisations, industry sectors and geographic regions.
Reporting & Documentation
Post-audit, the team convenes an oversight board comprised of anti-bribery experts to review the audit reports and findings, and makes recommendations to both the organisation and the certification committee.
The ensuing documentation covers a host of topics, including risk areas (by project, personnel group, and geographic region), training recommendations, investigative techniques, reporting processes, and other areas of improvement.
Follow-Up Surveillance Audits to Ensure Continuous Improvement
The certification process doesn’t end after the initial audit phase. Certification to the standard requires verification of continuous improvement and confirmation of how outcomes are implemented, documented, monitored and assessed over time. To achieve this, the audit team will conduct annual surveillance audits of the organisation’s anti-bribery system over the three-year certification cycle. Surveillance audits verify the organisation’s continued adherence to the standard, evaluate any prescribed corrective action plans, and review what the organisation is doing to improve its anti-bribery management systems.
Certification in ISO 37001:2016 symbolises an organisation’s unrelenting commitment to fight corruption and pursue best practices in an ongoing quest for compliance to the widely-accepted anti-bribery standards. And the in-depth process involved in achieving certification to the standard — together with the counsel, risk assessment, and improvement recommendations that result from the audit — can make the certification process well worth the investment.
This paid webinar will be running from the following times on Thursday the 30th of September;
- 08:00 to 10:00 GMT
- 15:00 to 17:00 MYT
- 12:00 to 14:00 GST
Your turnout with come with a certificate of Attendance (COA) as well as a complimentary webinar ABMS Awareness for 2 Pax per company. While you’re there, why not attain a Continuing Professional Development (CPD) certificate and stay on top of your industry?
Register your place for this webinar here and find out how to tackle the issue of bribery and corruption in your workplace before it has time to manifest itself into a greater issue. Finance is the greatest asset to the economy after all.
Why Financial Services Firms Need ISO 37001 ABMS?
When Société Générale, a global financial services institution based in France, agreed to pay a combined total penalty of more than $860 million for an alleged bribery and corruption scheme, it served as a warning shot to financial firms worldwide that a culture of enforcement has arrived. Société Générale was accused of paying bribes to officials in Libya and committing violations in manipulating the London InterBank Offered Rate (LIBOR), one of the world’s leading benchmark interest rates. Together with other regulatory penalties faced by the financial services giant, the total amount to be paid exceeds $1 billion. (The United States Department of Justice, 2018)
Bribery and corruption often go together with money laundering – and, as such, the financial sector faces new Anti-Money Laundering (AML) rules and legislation that is strict and increasingly enforced. Remaining in compliance through implementing proper prevention controls is a must. Failing to do so can mean a loss of business, trust and reputation: Banking giant Citibank was fined $70 million in the US for failing to address shortcomings in its anti-money laundering policies. We at CRI intend on being apart of the solution. Therefore, CRI Group’s ABAC™ will be hosting a webinar on the 30th of September exploring the Pitfalls Most Organisations Often Commit – the importance of implementing Anti-Bribery Management System (ABMS). Being a part of the solution means sharing our knowledge so society is one step closer to an ethical reality.
In the US alone, more than 100 bribery investigations were in progress at the end of last year, with the financial services industry facing the most investigations. (Wall Street Journal, 2019)
Having layers of safeguards in place is required both from a legal and compliance standpoint. One of the most critical layers is an effective anti-bribery management system (ABMS).
Prevent Corruption and Promote Compliance
There is a solution that financial services organisations can implement to take a proactive stance against bribery and corruption: The ISO 37001:2016 Anti-Bribery Management System standard. ISO 37001 ABMS is designed to help global organisations implement an anti-bribery management system (ABMS), as the standard specifies a series of measures required by the organisation to prevent, detect and address bribery, and provides guidance relative to that implementation.
For financial services firms, this is a critical layer of protection that provides both anti-bribery controls and a system for compliance with various anti-corruption legislation, such as the FCPA and UK Bribery Act. The UK Bribery Act’s adequate procedures requirement dictates that all companies need to have ongoing monitoring, training, surveillance and risk assessments – ISO 37001 ABMS is designed to fulfil these criteria and more.
CRI Group’s ABAC™ Certification Services is accredited to offer independent ISO 37001 certification to ensure that an organisation is in compliance with the standard, which is recognised and practised in more than 160 countries worldwide. CRI Group’s auditors and analysts work with financial services organisations to develop measures that integrate with existing management processes and controls, and include:
- Adopting an anti-bribery policy
- Establishing buy-in and leadership from management
- Training personnel in charge of overseeing compliance
- Communicating the policy and program to all personnel and business associates
- Providing bribery and corruption risk assessments
- Conducting due diligence on projects, business associates and other third-party affiliations
- Implementing financial and commercial controls
- Developing reporting and investigation procedures
Our paid webinar will have a rundown of the following:
- What are the core Bribery and Corruption Risks for Financial Institution?
- How to protect financial institutions and corporations from bribery and corruption risk
- Reparations from bribery that could affect the businesses, clients, and employees
- Successful regulations to mitigate risk for bribery and corruption.
- What can be done if bribery is detected?
- Internationally recognised solutions laid forth by ISO 37001: Anti-Bribery Management System that gives businesses effective controls to mitigate risk
- Components of risk management at a financial institution
We will also be exploring how the implementation of such a standard aids in examining and dealing fittingly with any actual or suspected bribery within the corporation and also how to implement appropriate financial, procurement and other commercial controls so as to help prevent the risk of bribery in financial services as these organisations face unique challenges.
Among them are maintaining proper internal procedures as they relate to bribery and AML regulations. These measures can be logistically challenging, especially in the auditing process – but keeping accurate books and records is a key provision of the UK Bribery Act. ISO 37001 ABMS standard makes this a key provision in cultivating proper due diligence and reporting procedures.
Another major challenge involves monitoring third-party risk. The due diligence practices and risk assessments implemented through ISO 37001 ABMS are critical in this area. Financial services firms, more than any other sector, must conduct effective vetting and ongoing monitoring of third-parties. This goes beyond “on-boarding” and relates to how companies continually assess risk from outside partners – including brokerage firms, introducers, agents, joint-venture relationships, even clients – as borrowers, for example, represent a major risk on the balance sheet.
Some financial services companies do not properly score or assign risk profiles to third-party partners, and this can represent a major weak point in efforts to prevent bribery, corruption and money laundering. Regulators understand this, too. That’s why ISO 37001 ABMS dictates thorough and comprehensive due diligence in regards to all third-parties and especially in the case of mergers and acquisitions.
Once certified, an organisation must continue surveillance and undergo a recertification audit over three years to ensure that the organisation still complies with the ISO 37001:2016 ABMS standard. During this time, any changes to processes, the addition of new partners and expansion/acquisition of new assets or energy contracts, etc. are carefully reviewed.
Long-lasting Benefits of Certification
ISO 37001 ABMS provides a strong framework for addressing and isolating risk factors, and the benefits of certification are far-reaching, impacting not just the primary organisation but also influencing contractors, clients, and raising the profile of the company as an ethical entity that is a good trading partner. By achieving ISO 37001:2016 ABMS certification, a financial services firm will:
- Ensure that the organisation is implementing a viable anti-bribery management system utilising widely accepted controls and systems.
- Assure management, investors, business associates, personnel and other stakeholders that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption.
- If needed, provide acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption.
Cases like Société Générale are not isolated, but more and more, we are seeing companies punished for not taking proper preventative action with a robust anti-bribery management system (ABMS). Financial services firms need to be aware and stay in front of increased anti-bribery and corruption legislation given that such regulations have, in most cases, achieved a global reach. For ownership and management, the stakes are especially high – accountability now includes criminal liability for organisation personnel as individuals, beyond (and in addition to) liabilities faced by the organisation. This trend will only continue as governments, and their publics become increasingly intolerant of fraud, bribery and corruption. Significant media coverage and the real and perceived threat to governments’ economies contribute to this changing landscape of public opinion.
As the ISO 37001 International standard document states, “Conformity with (ISO 37001) cannot provide assurance that no bribery has occurred or will occur in relation to the organisation, as it is not possible to eliminate the risk of bribery. However, (the standard) can help the organisation implement reasonable and proportionate measures designed to prevent, detect and respond to bribery”. With this in mind, It’s important to note that ISO 37001 certification, on its own, is not a “safe harbour” from prosecution should bribery or corruption be discovered. Significantly, ISO certification is, as the above explains, a potential mitigating piece of evidence to regulators or even prosecutors and the courts that the entity has taken meaningful steps in its efforts to prevent bribery and corruption.
Financial Services Firms Need ISO 37001 ABMS
It is critical that any financial services organisation have a proper, comprehensive strategy to prevent and detect bribery and corruption, and remain in compliance with all regulations – on the local, regional, and international levels. The ISO 37001 ABMS standard is an established, tried and tested program to address those issues head-on through a comprehensive program of training and certification. The training process is tailored to the organisation while still following the developed curriculum and documented best practices. Due diligence procedures and risk assessments are applied in a thorough, comprehensive manner. Certification requires the demonstration that processes have been implemented effectively, with follow-up evaluations.
Worldwide developments in laws and regulations have demonstrated that there isn’t time to wait to implement controls and compliance procedures – the next investigation and/or prosecution may be too late. The harm caused by bribery and corruption to an entity’s reputation, investments and business can be far-reaching and long-lasting.
This paid webinar will be running from the following times on Thursday the 30th of September;
- 08:00 to 10:00 GMT
- 15:00 to 17:00 MYT
- 12:00 to 14:00 GST
Your turnout with come with a certificate of Attendance (COA) as well as a complimentary webinar ABMS Awareness for 2 Pax per company. While you’re there, why not attain a Continuing Professional Development (CPD) certificate and stay on top of your industry?
Register your place for this webinar here and find out how to tackle the issue of bribery and corruption in your workplace before it has time to manifest itself into a greater issue. Finance is the greatest asset to the economy after all.
Common Fraud in the Pharmaceutical Industry Reported by Whistleblowers
Pharmaceutical Fraud
Pharmaceutical fraud involves activities that result in false claims to insurers or programs such as Medicare in the US or equivalent state programs for financial gain to a pharmaceutical company. Several different schemes are used to defraud the health care system, which is particular to the pharmaceutical industry. These include:
- Good Manufacturing Practice (GMP) Violations,
- Off Label Marketing,
- Best Price Fraud,
- CME Fraud,
- Medicaid Price Reporting, and
- Manufactured Compound Drugs.
The pharmaceutical industry is regularly found to be engaging in fraud of many types, and it appears as though each year, the number of pharmaceutical fraud is on the rise. Each year big pharma giants end up spending billions of dollars in paying for fraud, misrepresentation of data and other such corruption allegations levelled out against them. In the last years, global pharma giants have paid fines to the tune of $11 billion for criminal wrongdoing, including withholding safety data and promoting drugs for use, beyond any licensed condition; GlaxoSmithKline paid a $3 billion settlement, Pfizer $2.3 billion settlement, and Merck $650 million settlement. Damages from fraud can be recovered using the False Claims Act, most commonly under the qui tam provisions, which rewards an individual for being a “whistleblower” or relator (law).
July of 2021 saw Bolton pharmacist David “Jason” Rutland pleading guilty to conspiracy to solicit and pay kickbacks and bribes in a $182.5m fraud case in which Rutland himself pocketed $13.3m. This conspiracy is noted as the state’s largest health care/pharmaceutical fraud to date. It is estimated that more than $515 million in fraudulent prescription billings were made to TRICARE, Medicare, Medicaid, and private health care benefit providers in Mississippi.
In the US, whistleblowers are uniquely positioned to report this fraud to the government under the False Claims Act.
Common Fraud in the Pharmaceutical Industry Includes:
- Unlawful Kickbacks
- Clinical trials manipulation/fraud against the Food and Drug Administration (FDA)
- Off-label marketing/Food Drug and Cosmetic Act (FDCA) violation
- Failure to comply with Current Good Manufacturing Practices (CGMP) requirements
- Compounded drug fraud
- Illegal drug-switching
- Misuse of the 340B drug discount program
- Medicaid best price fraud
- Medicare Part D Fraud
- Fraud by Pharmacy Benefit Managers (PBMs)
Understanding the Most Common Types of Pharmaceutical Industry Fraud Reported by Whistleblowers
Unlawful Kickbacks
The pharmaceutical industry influences doctors’ prescribing habits, especially in the US. Drug manufacturers and distributors may pay unlawful kickbacks to physicians or others in the form of sham “consulting fees,” luxury vacations, and expensive meals in exchange for increased prescriptions of the company’s drugs.
Clinical Trials Manipulation/fraud Against the Food and Drug Administration (FDA)
Drug manufacturers must obtain FDA approval before marketing a new drug. The FDA approves new drugs proven safe, effective, and properly labelled following extensive preclinical and clinical testing and analysis, which results in a wealth of data regarding the drug’s safety, efficacy, pharmacology and toxicology. The FDA relies on the accuracy of the data that drug manufacturers submit in New Drug Applications (NDAs). Pharmaceutical companies that make false statements to the FDA, omit relevant data in NDAs, or otherwise misrepresent the safety or efficacy of drugs in clinical trials can be subject to False Claims Act (FCA) liability. The same is true of drug companies that pay researchers to falsify clinical trial data.
Off-label Marketing/Food Drug and Cosmetic Act (FDCA) Violation
Pharmaceutical companies may not promote their drugs for uses, doses, or populations not specifically approved by the FDA as safe and effective. Such “off-label” marketing and promotion violates the FCA. This could include, for example, if a drug is approved for use in treating severe psychiatric disorders, and the drug company’s sales representatives promote it for widespread use in calming elderly patients in nursing homes.
Failure to Comply with Current Good Manufacturing Practices (CGMP) Requirements
Drug and medical device manufacturers are subject to strict FDA manufacturing rules known as the Current Good Manufacturing Practice (CGMP) regulations. The CGMP exists to ensure manufactured drugs’ identity, strength, quality, and purity and protect consumers from tainted, ineffective, and harmful drugs. Government-funded healthcare programs pay for prescription drugs on the premise that CGMP regulations have manufactured the drugs. If they are not, it can be a violation of the False Claims Act. This could include, for example, a pharmaceutical company’s manufacturing facility using dirty equipment to make drugs, or using equipment that does not accurately measure the type or amount of the active ingredients incorporated into a drug, and then selling these tainted drugs to patients covered by Government-funded health care programs.
Compounded Drug Fraud
Compounding pharmacies prepare medications tailored to meet the needs of individual patients by mixing drugs or changing the route of administration. Compounding pharmacies can violate the FCA by making large batches of drugs—known as mass-compounding—rather than providing the required individualised service, “compounding” drugs that are already commercially available, or inflating the number of particular medications used in the mixture to increase the cost. Compounded drugs are primarily regulated by the states, meaning efficacy and safety need not be proven to the FDA.
Illegal Drug-switching
As a general rule, pharmacies must fill patients’ prescriptions as written by the ordering physician. Putting aside situations where a generic drug may be substituted for a name-brand drug, pharmacists may not simply replace one drug for another or dispense a liquid form of a drug when a pill or tablet was prescribed. Billing government insurers for medications that have been so manipulated can violate the False Claims Act.
Misuse of the 340B Drug Discount Program
The federally mandated 340B drug discount program requires most drug companies to provide hefty discounts — typically 20 to 50 per cent — to hospitals and clinics that treat low-income and uninsured patients. Pharmaceutical companies are required to cap outpatient drug prices at a statutorily defined “ceiling price” equal to the Average Manufacturer Price (AMP) reduced by the rebate percentage or Unit Rebate Amount (URA). Manufacturers submit both the AMP and URA to the Centers for Medicare and Medicaid Services (CMS) quarterly and can defraud the government by misrepresenting these figures, overcharging 340B entities, and/or not providing rebates to which 340B entities are entitled.
Medicaid best Price Fraud
To obtain Medicaid coverage of their drugs, pharmaceutical companies generally must promise to give state Medicaid programs the lowest price made available to almost any buyer of the drug. To provide this price, pharmaceutical companies report their “best price” on a drug—often calculated based on the drug’s “average wholesale price” or “average manufacturer price”—and payback to Medicaid in rebates any amount the programs paid more than this price. Pharmaceutical companies can defraud Medicaid and violate the False Claims Act by manipulating their “best price” to reduce the amount of money they must return to state Medicaid programs.
Medicare Part D Fraud
Implemented in 2006, Medicare Part D, also referred to as the Medicare Prescription Drug Program, provides drug coverage for tens of millions of elderly and disabled Americans. Under the program, private insurance companies—referred to as Part D Sponsors—offer prescription drugs to eligible beneficiaries directly or through pharmacy benefit managers (so-called “PBMs”) and then submit claims to Medicare for the drugs’ cost. Fraud can occur under Medicare Part D in many ways, including:
Some of the more common types of fraud occurring under the Medicare Part D program include:
- Billing for drugs not provided.
- Billing for drugs not covered by Medicare.
- Billing for brand name drugs when generic drugs are provided instead.
- Billing for drugs—especially opioids and other controlled substances—diverted for illegitimate purposes.
- Billing for expired drugs.
- Billing for drugs dispensed without a prescription or with a falsified prescription.
- Billing for drugs dispensed with prescriptions from unauthorized, excluded, or non-existent healthcare providers.
- Billing for drugs provided in quantities that exceed approved limits.
Fraud by Pharmacy Benefit Managers (PBMs)
PBMs are an increasingly common target of fraud investigations. PBMs are third-party administrators of prescription drug programs for, among others, Medicare Part D plans. PBMs contract with health plans to provide pharmaceuticals at low prices, which PBMs keep low through negotiation, generic substitution, manufacturer rebates, cost-sharing, formularies, and other methods. PBMs commit fraud by failing to pass savings from rebate arrangements and subsidies to clients, developing forms that favour more expensive drugs, and improperly switching drugs to generic or different brand name drugs instead of prescribed drugs. Drug manufacturers commit fraud by, for example, providing price concessions on certain drugs in exchange for a PBM’s favourable coverage of the manufacturer’s drug.
How Risky is Non-Compliance to Your Business?
How Risky is Non-Compliance to Your Business?
Last year we saw our fair share of AML (anti-money laundering) failures and violations, resulting in eye-watering FCA and HMRC fines. According to Ponemon Institute and security company GlobalScape recent report, the annual cost of non-compliance to businesses now runs an average of $14.8 million, a 45 per cent increase since 2011.
In recent years, adhering to the laws and standards and monitoring the Compliance of business processes has evolved as a major concern for business owners. Meanwhile, the range can be anywhere from $2.2 million to $39.2 million. On the other hand, the cost of Compliance was found to average $5.5 million, up 43 per cent from 2011.
Staying compliant with ever-evolving regulations has become an ‘obvious’ business imperative, and failing to adhere to these regulations can put organisations in a fix. Before we dive into the risks of falling into the ‘non-compliant dungeon, ‘ let’s understand corporate Compliance. Operating in a multiplicity of countries inevitably also means complying with any local regulations.
What is Corporate Compliance?
Compliance at the corporate level involves adhering to a wide range of rules, regulations, laws, and standards designed to protect every aspect of your business. Right from obeying safety guidelines to following the standards for paying wages, an organization must comply with all the local, state, and federal laws.
Monitoring the Compliance of business processes with relevant regulations, constraints, and rules during runtime has evolved as a major concern in practice. Monitoring refers to continuously observing possible compliance violations and includes predicting their occurrence. Since the concept of business process compliance is vast, approaches related to process monitoring are hard to identify.
The cost of non-compliance and monetary fines have continuously increased in the past few years. However, business owners are becoming impatient, as these consequences would affect the organization. Increased complexity, enforced business changes, and individuals being held personally accountable are all set to continue because of continuous compliance failures.
Why is Compliance Crucial?
The following are six fundamental reasons why an organization should implement statutory Compliance.
- Reason No. 1: is required by Law – All registered companies are mandatorily obligated by the law to follow statutory regulations and comply with them.
- Reason No. 2: surprise audits – Non-compliance also invites unnecessary inspection and audits, leading to a waste of time and money.
- Reason No. 3: the financial penalties are high – Failing to adhere to statutory Compliance will lead to hefty fines and indirect losses to organisations.
- Reason No.4: potential imprisonment for everyone involved – Severe cases of non-compliance could result in imprisonment of the organisation’s CEO/Directors/Board members.
- Reason No.5: Brand Value and Market Reputation – Payment of fines and imprisonment can destroy a company’s brand name in the market it thrives in.
- Reason No.6: the organization can be forced to a shutdown – In cases that exhibit perilous non-compliance, authorities can even order companies to cease operations.
Several examples in the global business environment show the repercussions of non-compliance. Look at the following cases:
- Amazon found guilty of breaching Dangerous Goods Regulations
- Thames Water was ordered to pay record £20 million for river pollution
- Google Is Fined $57 Million Under Europe’s Data Privacy Law
- Westpac accused of 23 million breaches by money-laundering watchdog
- Italy’s civil aviation authority ENAC threatens to ban Ryanair over alleged non-compliance
The biggest fine so far was the £102m imposed on Standard Chartered for “poor AML controls”, which saw “breaches in two higher risk areas of its business.” This is the second-largest financial penalty for AML failures imposed by the FCA.
Improve Your Compliance
A comprehensive compliance solution:
- Reduces business risks;
- Helps to expedite global expansion;
- Enhances control and visibility; and
- Enables the elimination of business risks/
After all, when it comes to non-compliance issues, ignorance of the law is no defense. As they say – “Being Compliance is not a choice, but a mandate” the regulatory environment will only get fiercer day by day, and companies that miss staying abreast of the global legal amendments might regret big-time.
The UAE, for example, has cracked down on their “Ultimate beneficial owner” (UBO) compliance requirements – a requirement that costs roughly Dh15 but results in a penalty of Dh15,000 up to Dh100,000 if businesses fail to comply. The UBO requirement was set up to prevent illicit activities such as money laundering or financing of terrorism.
The requirement reveals anyone who has direct or indirect control of an organization and requires all such information to set up or renew business licenses to the UAE Government. It’s great to see so many new procedures being put in place that can help you safeguard your business. Are you interested to know how your organisation can excel in global Compliance?
Anti-money Laundering solutions made easy…
There are many advantages to outsourcing portions of your Anti-Money Laundering (AML) compliance program to CRI Group™ . CRI™ Anti-money laundering (AML) advisory services help analyze systems and develop effective solutions that reduce your company’s risk of falling prey to employee, supplier or outside corporate and financial crimes. An effective AML framework is a testament to your organization’s position against crime. Our unmatched investigative capabilities, worldwide presence and a long-standing reputation for independence and integrity make us uniquely qualified to resolve regulatory concerns.
Our vast Anti-Corruption and Compliance network provides the protection you need when making critical bottom-line decisions crucial to your organisation’s success. Leave it for experts. Ensure you have the 360-degrees analysis of your challenges – get in touch with the experienced CRI Group’s AML team for a bespoke quote.
Take a proactive stance with the highest level of Anti-Money Laundering (AML) compliance as a part of your essential corporate strategy. Contact us today to learn more about our full range of services to help your organization stay protected.
CONTACT INFORMATION
Zafar Anjum, MSc, MS, CFE, CII, MICA, Int. Dip. (Fin. Crime) | CRI Group™ Chief Executive Officer
37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom
t: +44 207 8681415 | m: +44 7588 454959 | e: zanjum@crigroup.com
CONTACT US
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