Create a zero-tolerance approach to fraud with ISO 37001 ABMS

Zero tolerance to fraud, how ISO 37001 ABMS can help?

Smart business leaders know that “Tone at the Top” is a critical factor in an organisation’s culture. The behaviour and attitudes exhibited by those at the top of the chainset an example for the rest of the staff to follow. This couldn’t be more true when it comes to ethical standards. If a company is lax and tolerant toward unethical behaviour, it creates a confusing message for employees and actually encourages damaging habits.

When a company creates a zero-tolerance environment for fraud and corruption, the opposite is true: employees understand that ethical behaviour is the norm. Anything outside of those bounds will be punished – perhaps with the loss of their job or even prosecution.

Creating a zero-tolerance approach to fraud doesn’t happen overnight. When your organisation enrols in ISO 37001 ABMS training and certification, the program involves your entire team.

The training helps establish an ethical culture by educating your employees 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 organisation’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

Employees shouldn’t be expected to follow a code of conduct that they aren’t aware exists. That’s why ISO 37001 ABMS creates a communication plan through which organisation leaders regularly communicate their ethical behaviour expectations to staff.

The anti-fraud and anti-corruption controls established by ISO 37001 ABMS also apply to personnel at all levels of the organisation. When employees see that higher-level executives are subject to the same ethical standards as the individual at the lowest level of the flow chart, they understand that the organisation is serious about its commitment to having an ethical workplace free of fraud, corruption and bribery. That’s Tone at the Top.

Filed under: All Industries, Anti-Bribery Anti-Corruption Solution, Global, Industry Insights, ISO 37001, Resources by admin
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Beating bribery leadership and culture, in risk and anti-bribery management systems

Beating bribery leadership and culture

Beating bribery leadership and culture. Global corruption costs trillions in bribes. Samsung Group’s third-generation leader, Lee Jae-Yong, has been accused of bribing Choi Soon-Sil, a friend of former President Park Geun-Hye. Following Lee Kun-hee’s (Lee Jae-Yong’s father) heart attack in 2014, it has been calculated that Lee Jae-Yong would need to pay $6 billion in tax bills to be able to inherit his father’s shares and maintain control of Samsung. The Beating Bribery Leadership and culture in risk and anti-bribery management systems company’s leaders have a long-standing history of alleged tax evasion but, up to now, the white-collar crimes have been pardoned by Park Geun-Hye and other South Korean presidents. The easier option was for Lee Jae-Yong to pay a bribe to orchestrate the merger of two divisions: Samsung C&T Corp., which is dedicated to construction and trading and Cheil Industries Inc., which owned several entertainment properties. Upon completion, the merger would have given the Lee family more power over the entire Samsung Group.

Now that the plan was looking very promising, Jay Y. Lee used a bribe to execute it. According to Bloomberg in 2017: “The form of the alleged bribe was Vitana V, an $800,000 thoroughbred show horse, plus $17million in donations to foundations affiliated with the friend, whose daughter was hoping to qualify for the 2020 Olympics as an equestrienne.” (Bloomberg, 2017). Following the investigation, the situation took a significant downturn and Jay Y. Lee was sentenced to five years in prison. Chung Sun-sup, chief executive of research firm Chaebul.com said: “The five-year sentence was low given that he was found guilty of all the charges. I think the court gave him a lighter sentence, taking into account Samsung’s importance to the economy.” It is, however, one of the longest given to South Korean business leaders.

As for stock prices, they fell more than one per cent the day after Jay Y. Lee was arrested and then a similar amount after the verdict. Samsung Group’s profit was not hurt but South Korea’s new liberal president, Moon Jae-in, has pledged to rein in powerful, family-owned firms, like Samsung, which are known as chaebols in South Korea. He has promised to empower minority shareholders and end the practice of pardoning tycoons convicted of a white-collar crime. Another example of a company where corruption could be said to be part of company culture is (or was – more on that later) Rolls-Royce plc. Between 2000 and 2013, the company conspired to violate the Foreign Corrupt Practices Act (FCPA) by paying more than $35million in bribes through a third party to foreign officials to secure contracts. The US Department of Justice (DOJ) reported that in Thailand, Rolls-Royce admitted to using intermediaries to pay approximately $11 million in bribes to officials at Thai state-owned and state-controlled oil and gas companies that awarded seven contracts to Rolls-Royce during the same period. The way business was conducted in Kazakhstan, Azerbaijan, Angola and Iraq did not differ. The corrupt practices were spread globally.

In 2003, before the criminal activities came to light, the company’s chief executive, John Rose, who had been appointed in 1996, was honoured with a knighthood. After the engineering giant admitted in a deal with the US prosecutor that it had made corrupt payments, the UK’s Labour party called for him to be stripped of his title. Sir John Rose insists that he did not know of the corrupt practices. Let’s say that is the truth, but did he not fail as a leader simply because of that?

As a result of the scandal in 2016, Rolls-Royce has suffered the biggest financial loss in its history. Other factors include Brexit and the drop in the value of the pound, but the £671 million charges for the penalties the company paid to settle bribery and corruption charges with Serious Fraud Office (SFO), the DOJ and Brazilian authorities left a hole in the company’s accounts. Since then, the authorities have appointed new management and if its praised cooperation with SFO is an indication of the company’s culture shift, Rolls-Royce should no longer be in the news due to corruption scandals.

ISO standards

Failed leadership is the obvious reason for the above bribery cases. ISO 37001: 2016 Clause 5 Leadership outlines what is required from top management in order to obtain ISO 37001:2016 anti-bribery management system certification. Leadership is crucial for an anti-bribery management system to be effective and all points under Clause 5 Leadership are requirements.

As illustrated in the standard: “For a compliance management system to be effective, the governing body and top management need to lead by example, by adhering to and actively supporting compliance and the compliance management system.” Management has a number of other responsibilities, which are outlined in the standard. There are responsibilities that are more obvious than others, such as “ensuring that the anti-bribery management system, including policy and objectives, is established, implemented, maintained and reviewed to adequately address the organisation’s bribery risk” (5.1.2. a) and “deploying accurate and appropriate resources for the effective operation of the anti-bribery management system” (5.1.2. c). There are also requirements that are not so obvious but just as important; “promoting an appropriate anti-bribery culture within the organisation” (5.1.2. h) and “promoting continual improvement” (5.1.2. i). These requirements highlight that obtaining ISO 37001:2016 certification is not just a box-ticking exercise. In order to obtain the certificate, a company needs to illustrate that compliance with anti-bribery legislation is integrated within its business model and, crucially, its culture. In practical terms, that means that the tone at the top needs to align with the ISO’s anti-bribery management system (ABMS) and the message needs to be understood from the boardroom to the factory floor.

Adopting bespoke policies

ISO 37001:2016 is a strategic approach to bribery risk identification and subsequent risk mitigation. Risk knowledge is a necessary factor for effective management. The adoption of ISO anti-bribery management system-tested principles and practices allows an organisation to tailor recommendations to its contextual business environment. ISO 37001:2016 has had the impact of making companies adhere to the international anti-bribery management system standard. As an international standard of high repute, ISO 37001 has brought changes to market dealings and firm operations. Organisations have a guideline of rules and code of ethics to follow to mitigate the risk of being involved in corruption charges. The international nature of the ISO 37001 management system allows organisations to align their internal policies with national laws where the organisation is operating. It is important to note that state-nations are increasingly internalising globally recognised legal anti-corruption frameworks and actively prosecuting offenders.

The assurance that an organisation is operating within international standards and processes helps cultivate social legitimacy in the operation of that company which directly serves to boost investor confidence and attract investors. Also, some consumers base their purchasing decisions on the ethical operations of a company. As such, the ISO standard serves as a pull factor for new consumers. Bribery is a very serious issue with adverse macroeconomic and microeconomic effects. In particular, it not only distorts markets and competition but also erodes the profitability of private firms and individual enterprises throughout an economy. The ISO anti-bribery management system provides measures that help organisations to prevent, detect, eradicate and address bribery. This is done by adopting anti-bribery policies, hiring personnel to oversee compliance risk management and due diligence on projects and business associates, implementing commercial and financial controls and also reporting and investigation procedures. ISO 37001:2016 can be used in any organisation regardless of its size, type whether public or private or non-profit.

Enhanced transparency

Identification and resolution of bribery risks increase an organisation’s capacity to deliver consistent and improved services to consumers within the law and without engaging in bribery and corruption. In addition, the anti-bribery management system improves the way the organisation protects its people from fraud and ensures that there is a favourable working environment. Therefore, the ISO 37001:2016 anti-bribery management system enhances transparency in organisational culture, thus promoting the optimisation of resources. Protection of the organisation’s assets, shareholders and management from the adverse effects of bribery and corruption is another benefit associated with an ISO standard anti-bribery management system. Often, the negative effects of corruption are economic in nature. For instance, bribery affects the profit margins of a company to the extent that the management has to divert funds meant for either operating capital or assets capital to facilitating bribes.

Additionally, the public knowledge that an organisation is actively involved in bribery or any other form of peddling influence affects brand identity, which erodes the consumer base, thus reducing the overall profitability of an organisation. This system can operate as a standalone facility or function under another system through integration. One advantage that cuts across all organisations is the amplification of confidence in the eyes of external stakeholders. From another perspective, an organisation using this ISO format is assured of a good reputation as well as an excellent working environment. The risk factors are minimised and a solid credential pathway is realised. Indeed, many for-profit outfits have consistently applied anti-bribery systems as a measure of acquiring extensive market penetration goals. The ISO 37001 typically seeks to create an accountability culture around the globe that allows organisations to conduct activities in a clean and healthy environment.

Committed approach

An organisation with an ISO: 37001 2016 certification is open to public scrutiny since its management operates without fear. Further, such an entity displays fidelity and compliance to bribery legislation, such as acts of parliament or the congress. More importantly, subscribing to the system certification demonstrates a commitment to collaborate and work with like-minded organisations in managing bribery and corruption in the world. The chain of responsibility and accountability, additionally, ensures that the supply chain systems used by the organisations conduct clean and verifiable business. Closely related to that advantage is the growth of moral and legal business transactions between businesses and their contractors. Corruption can permeate every corner of an organisation and the anti-bribery certification blocks such realities.

The ultimate beneficiary of ISO: 37001 is the shareholder. When an organisation bribes its way into the business and has its licence taken away, the shareholder loses their investment. If credibility is lost and the activity schedule goes down, it is the shareholder who bears the heaviest burden. However, bribery in organisations practically affects everyone in the political, commercial or social jurisdiction of such a company. Disgrace can lead to the loss of jobs. And a fined or closed company implies lower tax revenues to the government. Therefore, businesses should integrate ISO: 37001 2016 in their management operations as well as in risk and compliance.

Curbing risks

The ISO certification embeds a culture of corporate social responsibility and willingness to collaborate with law enforcement agencies. Cognisant of the backlash and opprobrium associated with corporate obstruction of justice in the investigation of bribery and corruption, the ISO certification allows organisations to document their proactive involvement in reviewing their compliance with global standards of anti-bribery management as well as the concrete measures the management has initiated to show its willingness to prevent and curb bribery risks.

Finally, it is important to note that organisations have a distinct legal personality away from the management and other stakeholders. The separate legal personality of an organisation means that an organisation is liable for bribery activities committed by its employees or its management. Under domestic laws, culpable organisations are subject to legal sanctions, which include hefty pecuniary fines and, in some cases, dissolution of the organisation. Pecuniary fines affect the operations of a company by diverting either operating capital or assets to unintended activities. Overall, diversion of financial resources to foot fines affects the profitability of a company as well. In addition, such diversion of financial resources through fines affects growth strategies, such as expansion into new markets. In this case, the provision of documented evidence to the prosecution or the courts demonstrates that an organisation has taken reasonable measures to prevent bribery and corruption, thus helping the organisation to avoid fines and sanctions, such as winding up.

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.

In 2016, CRI Group launched the 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.

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CRI® Group’s 3rd ABAC Summit 2019 Sets the Tone at the Top

CRI® Group is pleased to announce the upcoming Anti-Bribery 2018 Summit in Kuala Lumpur, Malaysia, 25 September 2018. This is the second year for the ABAC Summit, providing invaluable expertise in due diligence, internal controls and compliance issues, along with showcasing the latest resources and solutions to detect and combat bribery and corruption within organisations.

The one-day summit is a must-attend event for anyone working in anti-bribery and anti-corruption, due diligence, risk management, and anti-fraud such as CEOs, CFOs, Chief Legal Officers, Chief Compliance Officers, In-house Counsels, Compliance Managers, Lawyers and Auditors, Heads of Procurement and Other officers responsible for Compliance and Anti-Corruption.

Last year’s Anti-Bribery Summit was a great success, with critical topics presented by leading experts in anti-bribery and anti-corruption compliance. This year aims to be even better, with an agenda that includes the following highlights:

• A welcome introduction by Zafar Anjum MSc, CFE, Intl. Dip. (Fin. Crime). As founder and CEO of CRI Group, Zafar Anjum has dedicated 28 years to the areas of fraud prevention, protective integrity, security and compliance. His expertise helps create secure networks across challenging global markets.
• Mohd Nur Lokman Bin Samingan, Assistant Commissioner at Malaysian Anti-Corruption Commission (MACC), will present “MACC (Amendment) Act 2018: Section 17A, ‘Offence by Commercial Organization’”. Mohd Nur Lokman Bin Samingan has vast experience as an investigator and a prosecuting officer, and is currently attached to the Community Education Division of MACC as the head of Private Sector Branch. He engages business entities, corporations and private companies in cultivating anti-corruption awareness.
• Dr KM Loi, Vice-Chairman of ISO/PC 278 (ISO 37001:2016), Co-convenor of ISO/TC 309 WG2 (ISO 37001 Handbook), will present “ISO 37001:2016 – Management Tool to Address Corporate Liability Provision”. Dr KM Loi is an anti-bribery expert with 20 years of management skills in quality consulting, training and auditing with wide exposure to various industries in the context of ISO 9001, ISO 14001, ISO 13485, IATF 16949, ISO 26000, ISO 37001, SA8000 & OHSAS 18001.
• Drago Kos, Chairman of Organization for Economic Co-Operation & Development, will present “Corporate Integrity Guarantees Prosperity”. Drago Kos is the Chairman of the OECD Working Group on Bribery in International Business Transactions, Co-Chair of the Defence Corruption Monitoring Committee in Ukraine and adviser to the Kosovo Anti-Corruption Agency.
• Cristian Nicoara, Independent Expert Consultant; Justice, Anti-Corruption, and Security Sector Reform Adviser, will present “Anti-Corruption Agencies are Fighting an Imbalanced Battle. Where to Find the Allies?” Cristian Nicoara is a former Romanian investigative prosecutor with 15 years specialisation in major crimes, anti-corruption and financial investigations.
• Md Alimuddin Rahim, Group Integrity Officer at Petra Energy Berhad, will present “Role of Malaysian Anti-Corruption Foundation (NGO) in assisting Malaysian Anti-Corruption Commission (MACC)”. Md Alimuddin Rahim has more than 20 years’ experience in his industry – he is the Secretary General at Malaysian Anti-Corruption Foundation and also works as Group Integrity Officer at Petra Energy Berhad.
• Presenter Cynthia Gabriel, Executive Director at The Center to Combat Corruption and Cronyism (C4 Center), human rights advocate and anti-corruption leader in Malaysia will present “New Lessons from 1MDB: The evolving actors in modern money laundering”. Cynthia Gabriel has experience advancing and promoting human rights, good governance and democratic freedoms. She founded the Centre to Combat Corruption and Cronyism (C4), a NED grantee, which works to promote good governance and conducts a multifaceted project designed to encourage public participation in efforts to combat corruption.
• A special panel discussion and Q&A session will feature all of the keynote speakers.
• An hour at the conclusion for additional networking among attendees, with refreshments provided.

CRI® Group founder and CEO Zafar Anjum said that after the success of last year’s inaugural event in Pakistan, he is excited about the second Anti-Bribery Anti-Corruption Summit in Kuala Lumpur, Malaysia. “This year’s agenda was developed to provide you with invaluable information and foresight into the forces that guide and dictate our everyday work life: the ongoing quest for solutions, balance, and insight into the oftentimes chaotic world of anti-bribery and corporate corruption compliance”, Anjum wrote. This is a critical time for world markets and economies. The latest Corruption Perceptions Index shows that “most countries around the world are making little or no progress in ending corruption” (Transparency international, titled “Corruption perception index 2017”, 2018).

That’s why the expertise, best practises and resources shared by the leading industry experts at the ABAC Summit are more important than ever. In the Asia Pacific region alone, the majority of countries are in the lower half of this year’s Corruption Perceptions Index. This is because bribery is still a key problem, made worse by unaccountable governments, lack of oversight, instability and insecurity. There are positive signs as well. Officials in Malaysia, the host country of this year’s ABAC Summit, have made strides in the fight against bribery and corruption. According to MACC, 879 offenders – from top management to lower level staff, in both the public and private sectors – were arrested last year. This demonstrates Malaysia’s commitment to bringing offenders to justice.

Time is running out to make your plans to attend ABAC 2018 and get an edge on the latest best practises, laws, regulations and compliance, presented by the foremost experts in the field. Meet the colleagues you networked with at last year’s event; or make new connections with CEOs, CFOs, other executives, directors, lawyers, auditors, legal officers, compliance officers and others who face the same anti-fraud and anti-corruption challenges as you.

The first ABAC Summit Pakistan 

On Thursday, 26 October, the region’s leading anti-fraud professionals gathered in Karachi, Pakistan, for CRI® Group’s Anti-Bribery Summit 2017. CRI® Group took the initiative to organize the first Anti-Bribery Summit in Pakistan with the goal to redefine the anti-bribery culture within organisations in the country.

The Anti-Bribery Summit couldn’t have come at a more critical time, or have been held in a more relevant location – Pakistan is on the front lines of a struggle between those who willfully engage in bribery and corruption, and those who endeavor to put a stop to it. But the problem of corruption is worldwide, affecting government, military and public sector organisations. The Anti-Bribery Summit 2017 included sessions on compliance for the most significant international laws and regulations, including a Q&A session with an expert on the Foreign Corrupt Practices Act.

Attendees also learned about compliance pitfalls, and how to engage in proper third party due diligence to keep their organisations safe from unethical partners that could hurt the organisation’s reputation and bottom line. “It was good to see international speakers from UN and OECD on the practices being used and available standards for comparing our policies and procedures,” said Riaz Nazarali Chunara, Director, State Bank Of Pakistan.

The Anti-Bribery Summit brought together some of the greatest minds in the fight against corruption, with a lineup of expert speakers that shared their experiences, knowledge and best practices with an attentive audience.

Keynote speakers included Drago Kos, Chair of the OECD Working Group on Bribery in International Business Transactions and Co-Chair of the Defence Corruption Monitoring Committee in Ukraine and advisor to the Kosovo Anti-Corruption Agency (see an exclusive video interview with Drago Kos about the Summit); Jouhaida Hanano, Criminal Justice Advisor – Sub-Programme II, UNODC Pakistan; Shehzad Yousuf, Chief Internal Auditor at PTCL; Tariq Hussain, Former Director / HOD Securities & Exchange Commission of Pakistan (SECP) – Supervision and Enforcement and Company Law Division; Ali Anwer Adil, Head of Internal Audit, Fraud Management and Revenue Assurance at Zong; and Ghulam Farooq, Director at The National Accountability Bureau.

“(It was) a wonderful conference on anti-bribery held by CRI®,” said Muhammad Nauman Ahmed, Head of Compliance at PEL. Ahmed said the “most amazing part” was that “OECD Anti-Bribery chairman Mr. Drago Kos and Director NAB, Sindh attended the conference.”

“SECP representatives were also present,” Ahmed said, calling it a “great event” for learning about the most current practices to counter bribery in Pakistan.

Featuring keynote addresses, Q&A sessions, trainings and a panel discussion, the Anti-Bribery Summit addressed topics critical to any organization leader or executive in the region including anti-bribery compliance issues, strategies, the FCPA and UK Bribery Act, the corporate culture in Pakistan, conducting proper risk management and due diligence.

“It was a really good event, very well organized and an excellent learning experience,” said Yousuf Ali, Executive Manager, Assurance, EY Ford Rhodes. “My team and I at Ernst & Young thoroughly enjoyed it. Especially the presentation from Mr Shehzad Yousuf.”

“We are looking forward to other such events,” Ali said.

CRI® Group thanks all of the attendees, speakers and everyone involved in making the Anti-Bribery 2017 an unmatched success.

About us…

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. CRI® Group also holds BS102000:2013 and BS7858:2019 Certifications is an HRO certified provider and partner with Oracle.

In 2016, CRI® Group launched the 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 organizations. Contact ABAC® for more on ISO Certification and training.

MEET THE CEO

Zafar I. Anjum is Group Chief Executive Officer of CRI® Group (www.crigroup.com), a global supplier of investigative, forensic accounting, business due to diligence and employee background screening services for some of the world’s leading business organizations. Headquartered in London (with a significant presence throughout the region) and licensed by the Dubai International Financial Centre-DIFC, the Qatar Financial Center – QFC, and the Abu Dhabi Global Market-ADGM, CRI® Group safeguard businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. CRI® Group maintains offices in UAE, Pakistan, Qatar, Singapore, Malaysia, Brazil, China, the USA, and the United Kingdom.

Contact CRI® Group to learn more about its 3PRM-Certified™ third-party risk management strategy program and discover an effective and proactive approach to mitigating the risks associated with corruption, bribery, financial crimes and other dangerous risks posed by third-party partnerships.

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

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Lessons from the Ghosn affair

Ghosn lessons

It is difficult to overstate the sense of scandal that has accompanied the revelations that Carlos Ghosn, chairman of Nissan, has been accused of significant acts of misconduct.

Mr Ghosn has virtual cult-hero status in Japan for reviving Nissan, and he is the lynch pin in the alliance Renault-Nissan-Mitsubishi Motors, where he is both CEO and Chairman, as well as being CEO of Renault.

The allegations span many years and include understating his Nissan earnings to the stockmarket and the misuse of company assets. It is early days and this saga is likely to run, but we can already draw some lessons from a governance and compliance perspective.

Firstly, it is not all bad. The alleged wrongdoing was uncovered by a whistleblower, subsequently followed up by a lengthy and extensive internal investigation. Having received the full investigative report, the company seems to have acted decisively and transparently against someone at the most senior level.

Clearly, the company has systems and processes that can respond to individual transgressions. But very few such transgressions are purely anomalies. Why did the board and shareholders not ask more questions about potential conflicts as Mr Ghosn accumulated more power, when he took on chairman and CEO roles across major auto businesses?

And then the question must be asked: how clear are the company’s policies when it comes to the use and misuse of company assets by employees? It is common that Asian executives tend to be paid less than their Western counterparts on the implicit understanding that they have greater license to use company resources. Has this become too much of a grey area?

When assessing the cause of unethical executive behaviour, it is necessary to conduct a root-and-branch analysis. Such events are very rarely solely caused by the actions of a few unscrupulous individuals. They tend to be the result of multiple institutional, process-related and cultural failings. Now that the internal investigation in to Ghosn is complete, it is a good time to broaden the analysis to the corporate policy environment under which the allegations took place.

Credit: Kremlin | Monday, 26th November 2018

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. CRI Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI Group 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.

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Internal Control: Identify Vulnerabilities through TPRM Assessment

CRI® Group’s Third-Party Risk Assessments are front-line tools used to ascertain whether an organisation has the appropriate policies and procedures in place to address all potential risks at the management, operations and financial levels and simulates the likelihood of those risks occurring.

A 3PRM^TM assessment includes a review of internal auditing procedures, compliance guidelines, performance criteria, internal controls, reporting processes, and contractual requirements vital to fostering a long-term positive outcome with the third-party provider when looking at the relationship from a cost-benefit standpoint. A 3PRM^TM assessment verifies whether the proposed third-party relationship is consistent with the organisation’s strategic plan and overall business strategy. Specific areas addressed in a 3PRM^TM assessment include:

• Audit and supervision functions that assign clearly defined responsibilities within the organisation
• Business continuity plans that take into account natural disasters and third-party business closures
• Supply-chain alternatives that react and respond to every possible scenario, from regional events to currency fluctuations
• Jurisdictional considerations and affiliations with potential partners located in regions that may be prohibited by law
• Data and intellectual property protection, which includes customer privacy and information security considerations
• Anti-corruption and whistle-blower policies begin with staff education and extend to safe internal and external reporting mechanisms which are easily accessible to management and staff.

Our 3PRM^TM assessments ensure tight controls to mitigate key risks and designate specific staff responsible for maintaining those controls. Any gaps detected in those controls are addressed during the assessment phase.

VIEW 3PRM^TM BROCHURE

CRI® Group invites you to schedule a quick appointment with us to discuss how conducting our 3PRM^TM assessment can help you and your organisation. 

GET A FREE QUOTE

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, TPRM, 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® Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

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Fraud Advisory Panel celebrates 20 Years

CRI Group wishes to congratulate Fraud Advisory Panel on the 20th anniversary. It was a pleasure to attend the event and celebrate this great occasion of FAP fighting fraud for 20 years. It has been a great honor to be the member of the panel. Looking forward to continuing working together in the future!

Connect with us for Risk, Compliance and Anti-Bribery solutions across 80 countries.

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, TPRM, 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® Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including ISO 31000:2018 Risk Management- Guidelines; ISO 37000:2021 Governance of Organisations; ISO 37002:2021 Whistleblowing Management System; ISO 37301:2021 (formerly ISO 19600) Compliance Management system (CMS); Anti-Money Laundering (AML); and ISO 37001:2016 Anti-Bribery Management Systems ABMS. ABAC® offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in developing frameworks for strategic compliance programs. Contact ABAC® for more on ISO Certification and training.

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Are you ready to EmploySmart? Meet us at SHRM’18

Meet us at the 2018 SHRM Annual Conference & Exhibition in Chicago, to demonstrate a commitment to your professional development and learning about tools and resources you need to best serve your organisation’s HR needs.

One of those critical needs is helping your organisation prevent fraud. Human resources managers and specialists are at the front line of fraud prevention, as hiring processes and background checks can help screen out potential fraudsters before they even get in the door.

CRI® Group understands the challenges posed by those who can harm your organisation – and we have the solutions. That’s why we’d love to meet you at the SHRM conference. We’ll discuss how EmploySmart™, our pre-employment background screening process, can boost your fraud prevention efforts and provide a “boots on the ground” approach to extensive background checking.

EmploySmart™ provides a close examination of job candidates including their identity, criminal background, education credentials, job history and references; along with financial and credit checks (as permitted by law), and bankruptcy and civil litigation checks, among many other details.

CRI® Group invites you to schedule a quick appointment with us to discuss in more detail how EmploySmart™ can help you and organisation. Are you ready to EmploySmart™? We look forward to seeing you in Chicago!

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, TPRM, 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® Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including ISO 31000:2018 Risk Management- Guidelines; ISO 37000:2021 Governance of Organisations; ISO 37002:2021 Whistleblowing Management System; ISO 37301:2021 (formerly ISO 19600) Compliance Management system (CMS); Anti-Money Laundering (AML); and ISO 37001:2016 Anti-Bribery Management Systems ABMS. ABAC® offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in developing frameworks for strategic compliance programs. Contact ABAC® for more on ISO Certification and training.

LEARN MORE ABOUT OUR SOLUTIONS

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South African President Jacob Zuma in a high-level corruption scandal

Recently, South African President Jacob Zuma resigned in a late-night address to the country. This week, politicians and pundits continue to reflect on what led to his downfall – which, even in the midst of high-level corruption scandal, never seemed certain. South Africa high-level corruption scandal

Fraud accusations finally proved to be more than Zuma’s presidency could bear. Two years ago, South Africa’s top court found that failed to pay back public funds spent on his private estate. But it was “the reinstatement of corruption, fraud, money-laundering and racketeering charges related to an arms deal” that pushed the needle too far for South Africans (The Economist, titled “Why Jacob Zuma resigned”, 2018).

Investigators allege that Zuma received a staggering 783 payments from a former financial advisor convicted of fraud. But these were not isolated scandals. Zuma has been implicated and suspected in various corruption schemes dating back to the early 2000s… He became seasoned at fighting court battles, in many cases seeing charges dropped, reinstated, and then dropped again.

The situation is a reminder that fraud and corruption still permeate the highest levels of government in many – even most – countries. Indeed, Transparency International’s most recent Corruption Perceptions Index scored South Africa a 43 out of 100 (Transparency.org, titled “Corruption perceptions index 2017”, 2018), noting that the country “continues to stagnate” along with other African countries in the fight against corruption.

It’s troubling news when so many countries and their citizens are trying to make inroads against fraud and corruption, only to see those efforts thwarted by the very leaders they elected. Bribery is still one of the biggest scourges affecting economies today. In fact, Transparency International (titled “Corruption statistics”, 2018) reports that “more than 40 percent of employees at board and senior manager level said that sales or cost numbers had been manipulated by their company.”

But bribery and corruption eventually end in ruin, as former President Zuma’s case underscores. At ABAC Center of Excellence, we understand how critical it is for any organisation to get its integrity due diligence and compliance measures in proper order and create a zero-tolerance environment for corruption and fraud. A proactive way to do that is to engage ABAC Certification, a special program administered by CRI Group and its ABAC Center of Excellence.

ISO 37001:2016 for your organisation

ABAC Certification’s ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, third-party risk management, integrity due diligence, financial and commercial controls, reporting, audit and investigation.

The ISO 37001 ABMS training and certification help your company address bribery in all its forms, including:

• In the public, private and not-for-profit sectors
• By the organisation
• By the organisation’s personnel acting on the organisation’s behalf or for its benefit
• By the organisation’s business associates acting on the organisation’s behalf or for its benefit
• Of the organisation
• Of the organisation’s personnel in relation to the organisation’s activities
• Of the organisation’s business associates in relation to the organisation’s activities
• Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)

ISO 37001:2016 takes into account a compendium of international best-practices, enabling your organisations to apply and implement uniform anti-bribery measures irrespective of the various countries in which they operate. Help turn the tide against bribery in your country, and your industry.

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. CRI Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI Group 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.

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Former auditor blows the whistle on Ernst & Young

Another egregious case of alleged corruption has rocked the fraud world. A whistleblower accuses Ernst & Young, one of the venerated “Big Four” accounting firms, of “unlawful, unprofessional, and unethical” behaviour for its audit of a Dubai gold company. The gold company, Kiloti, is in turn accused of money laundering and buying gold from conflict zones.

According to the article, titled “Whistleblower claims accountants turned a blind eye to Dubai firm he says painted 5 tons of gold to look like silver” (Business Insider, 2018), the fired former auditor filed documents in high court detailing the accusations. The article notes:

The court documents allege the audit found Kaloti had imported five tons of gold bars from Morocco painted silver, to avoid Moroccan export restrictions on gold, and that cash transactions totalling more than $5 billion made by the company were not reported to the Dubai authorities.

It is also alleged that about 57 tons of Sudanese gold was imported without due diligence checks done to establish whether it had come from a conflict zone, and that Kaloti did business with several organisations listed by US authorities as fronts for terrorism and organised crime.

The case illustrates several truths about corruption today:

Money laundering is still a serious, widespread problem

Anti-money laundering experts help clients avoid these risks, because the negative impacts of money laundering are so significant for any organisation. They include:

• Damaged corporate reputations and brand devaluation
• Eroding employee moral
• Potential consumer boycotts
• Negative investor perceptions
• Possible legal action
• Fines and potential jail terms for directors

Whistleblowers still face repercussions

In this case, it appears the EY auditor was terminated by bringing forth these bombshell allegations. CRI Group counsels clients to encourage fraud reporting, rather than punish it. The best case is to provide an anonymous reporting system, and to respond thoroughly to any tips of corruption, bribery and fraud. Remember, your employees are your first line of defence against fraud. If they aren’t willing to come forward for fear of retribution, fraud and corruption can continue unabated for years.

The UK Bribery Act is in force here

According to the article, the whistleblower and his lawyers allege that EY is in violation of the Bribery Act “because the firm retained Kaloti as a client and continued its good relations with Dubai authorities,” in spite of the alleged known or suspected money laundering.

This is why CRI’s ABAC Center of Excellence places a huge emphasis on helping clients stay diligent and in compliance with all anti-bribery and AML laws and regulations.

ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, due diligence adequacy, financial and commercial controls, reporting, audit and investigation.

The 3PRM-Qualified™ training and 3PRM-Certified™ certification process for ISO 37001:2016 helps your company address bribery in all its forms, including:

• In the public, private and not-for-profit sectors
• By the organisation
• By the organisation’s personnel acting on the organisation’s behalf or for its benefit
• By the organisation’s business associates acting on the organisation’s behalf or for its benefit
• Of the organisation
• Of the organisation’s personnel in relation to the organisation’s activities
• Of the organisation’s business associates in relation to the organisation’s activities
• Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)

Contact ABAC today and find out how we can help your organisation stay better protected from the negative effects of money laundering and bribery, and remain in compliance with all applicable laws and regulations.

ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!

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. CRI Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

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Petrobras to $422 million for corruption

The world’s largest builder of offshore oil rigs will pay $422 million in penalties after entering a guilty plea for bribery charges connected with the Petroleo Brasileiro (Petrobras) scandal. The company made illicit payments to both Petrobras officials and government representatives for years.

According to an article in Bloomberg, titled “Keppel Offshore to Pay $422 Million to End Bribery Probe” (2017), Keppel Offshore’s bribery scheme lasted for more than a decade. The payments ran afoul of the Foreign Corrupt Practices Act (FCPA), resulting in the investigation.

The Bloomberg article includes a contrite statement from the company, in part:

“We regret and are deeply disappointed by the actions that we now know to have taken place at the group’s offshore and marine business in Brazil from around 2001 to 2014,” Keppel Corp. Chairman Lee Boon Yang said in an earlier statement. “Any perception that illegal payments can be condoned, if they are made by agents, is wrong and will not be tolerated.”

The action comes as a part of a multimillion-dollar bribery scandal that rocked Petrobras in 2015, leading to investor lawsuit and disgraced government officials. Corruption, bribery and fraud are serious issues in Brazil, along with many other countries around the world that are rushing enact new laws and tools to fight them, while enhancing efforts to enforce rules that are already on the books. Along with the FCPA, the UK Bribery Act and other regulations aim to criminalise corruption across international borders and stem the impact of such illicit acts.

For ABAC Center of Excellence, helping clients navigate the complicated waters of compliance and changing laws is one of our highest priorities – along with helping them stay protected from fraud and corruption. That’s why our CRI’s Certification program offered through the ABAC Center of Excellence offers cutting-edge training and resources for companies to be proactive in their anti-corruption measures.

ISO 37001:2016 Anti-Bribery Management System Certification

ABAC Center of Excellence is a provider of the ISO 37001:2016 Anti-Bribery Management System Certification, which confers many benefits including the following:

• Certification adds a distinct level of credibility to the organisation’s management systems and must be completed by a qualified, independent third-party.
• Ensures that the organisation is implementing a viable anti-bribery management program utilising widely accepted controls and systems.
• Provides assurance to management, investors, business associates, personnel and other stakeholders that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption.
• Protects the organisation, its assets, shareholders and directors from the effects of bribery.
• Provides acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption.

Don’t wait for bribery and corruption to affect your business. Contact the ABAC Center of Excellence today and learn how CRI’s Certification – and ISO 37001:2016 Certification – can help your organisation be proactive and protected from risk.

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