Most Asked Questions About Effective Compliance Programs On Part 3 And 4
Most Asked Questions About Effective Compliance Programs On Part 3 And 4
Theories of White Collar Crime
Question 1
Which theory of white collar crime best matches the following quote?
“Mr. Madoff’s crimes were extraordinarily evil.” –Judge Denny Chin
The No Harm Theory
The Psychological Aberration or Deviation Theory
The “Everyone is Doing It” or “Virus” Theory
Question 2
Which theory of white collar crime best matches the following quote?
“Some call it gratuities, some call them questionable payments, some call it extortion . . . I looked at these payments as necessary to sell a product.” –Carl Kotchain
The Lack of Recognition Theory
The Privileged or Entitled Theory
The Lack of Self Control Theory
The No Harm Theory
Question 3
Which theory of white collar crime best matches the following quote?
KPMG partner Scott London recalled thinking, “I really should not be doing this,” but he did it anyway.
The Psychological Aberration or Deviation Theory
The “Cost-Benefit / Risk-Reward” Theory
The Privileged or Entitled Theory
The Lack of Self-Control Theory
Theories of Compliance
Question 1
True or False: : The decision to publicize an employee’s compliance violation and corresponding punishment exemplifies the Rules / CYA Theory.
True
False
Question 2
True or False: A CCO relying on the Rules / CYA Theory of compliance risks creating loopholes through which employees might commit indiscretions.
True
False
Question 3
True or False: A CCO contacts an employee to ask why he included a particular attachment in an email he sent the day before. The CCO’s action exemplifies the Ubiquity Theory.
True
False
Question 1
Over the past few months, Company X has struggled with employees regularly violating compliance rules. What actions should the CCO take in response? (Hint: There are 2 correct answers).
Investigate why employees feel empowered to violate the rules.
Rewrite the company’s Code of Ethics to avoid future failures.
Publicize the name of each employee who violated the rules, along with their punishment, as part of the “Punishment / Scare Them” Theory.
Focus on implementing compliance enforcement techniques with the OSDFA Theory in mind.
Question 2
True or False: Enron’s corporate governance failures were partially due to the absence of a Code of Ethics.
True
False
Question 3
What is one criticism of the Quid Pro Quo Theory of Compliance?
Because compliance is an integral part of running a company, employees should not feel that they are entitled to a reward for being compliant.
A CCO might identify the wrong employees when targeting groups in need of stricter compliance monitoring.
Foreign offices may believe that certain policies and procedures do not apply to them.
Employees may have already developed bad compliance habits that are difficult to break.
Question 4
Volkswagen falsified diesel emissions tests while making a push to be the top car company in the world. What theory of white collar crime might have driven the company’s behavior?
The Slippery Slope Theory
The “Everyone is Doing it” or “Virus” Theory
The Excessive Greed or Ambition Theory
The Reward Me Theory
Incident Response
Question 1
True or False: Compliance officers can handle “small” compliance incidents on their own rather than enlisting a Senior Response Team to investigate or address the problem.
True
False
Question 2
True or False: A Senior Response Team, whose role is to guide the “on the ground” incident response team through the incident response process, is composed of an organization’s CFO, CIO, and COO.
True
False
Question 3
True or False: Companies should avoid reporting compliance failures to the media in the absence of a legal requirement to do so.
True
False
Enforcing Discipline
Question 1
For some organizations, the rise in the number of rules that must be followed coupled with the requirement to proactively monitor have resulted in: (Hint: There are 2 correct answers).
Changes in company culture
The Board of Directors’ increased involvement in compliance matters
An increase in non-compliant employees being removed from the workplace
More unintentional compliance violations
Question 2
Which of the following is NOT a benefit of taking regulatory reporting seriously?
Avoiding expensive enforcement actions in the future
Strengthening an organization’s culture of compliance
Shoring up senior level engagement in compliance
Controlling the message that the public receives about a breach
Question 3
Two employees unintentionally violate minor compliance rules at Company X. Though the Company’s compliance training program has been reasonably effective, the violations cause the CCO to recognize the potential for further clarity. The CCO implements new technology tools to aid with instruction. Should the two accidental violators still face consequences for breach?
Yes. If the do’s and don’ts of a compliance program have been reasonably conveyed to employees, consequences should result even from unintentional violations.
No. Minor compliance violations need not be addressed by HR.
Yes. Regardless of the strength of the compliance training program, unintentional violators should receive HR consequences.
No. The compliance program was ineffective so it would be unfair to sanction the unintentional offenders.