Tools of Effective Compliance: Proven Measures for Compliance Officers

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Unlike many standard works on compliance, this book focuses not on the goals, but on the means that enable effective compliance. From the internal perspective of the compliance officer, everyday problems are addressed and solved with the help of concrete, tried-and-tested measures. Based on the tension between profit generation and compliance, ethical principles as well as the appearance of compliance, its handling of contacts and its procedure in the event of violations are also discussed. Psychological and sociological insights broaden the perspective, put people at the center and offer new starting points for the design of successful compliance.

Author(s): Thomas Schneider
Publisher: Springer
Year: 2023

Language: English
Pages: 241
City: Berlin

Preface to the Second Edition
Preface to the First Edition
Contents
1 Introduction
Abstract
References
2 The Background of Compliance
Abstract
References
3 The Company
Abstract
3.1 Binding, Identification, Self-control
3.2 Legality and Legitimacy
3.2.1 Legal and Legitimate
3.2.2 Legal and Illegitimate
3.2.3 Illegal and Legitimate
3.2.4 Illegal and Illegitimate
3.3 Corporate Appearance
3.4 Corporate Culture
3.5 The Choice of Company
References
4 The Foundation of Compliance
Abstract
4.1 Theory and Practice
4.2 Ethics
4.3 Decision in Individual Cases
4.3.1 Ethics of Conviction and Responsibility
4.3.2 Rule Utilitarianism
4.3.3 Revenue vs. Ethics
4.4 Negotiate Ethics, Ensure Decency
4.5 The Tension Field
4.6 The Negative Perspective of Compliance
References
5 Decide
Abstract
5.1 Interpretation Approach
5.2 Complex Situations
5.3 Requirements
5.4 Gut Feeling, Heuristics or Algorithm
5.4.1 Special Situation of Compliance
5.4.2 Types of Decisions
5.4.3 Expert Knowledge
5.4.4 Algorithms
5.4.5 Gut Feeling
5.4.6 General Rule
5.4.7 One-time Opportunities?
References
6 Goals and Planning
Abstract
6.1 Goals
6.2 Determination of Objectives
6.3 The Garbage can Model
6.4 The Environment of Planning
6.5 Planning
6.6 Project Forecast and Project Accounting
6.6.1 Better Tools, Better Results?
6.6.2 Planning and Reality
6.6.3 The Nobel Laureate’s Embarrassment
6.6.4 Inside and Outside View
6.6.5 More Information, Higher Certainty?
References
7 The Appearance
Abstract
7.1 Reasons for the Appearance
7.2 The Self-reinforcement
7.3 Habits
7.4 The CO as a Seller
7.5 Halo Effect
7.6 Sympathy
7.7 Relationship Maintenance
7.8 Conviction
7.8.1 The Persuasiveness of Statements
7.8.2 The Negative Example
7.8.3 Resisting the “Magnetic” Center
7.8.4 Implications for Compliance
References
8 The Boss
Abstract
8.1 Basic Knowledge of the Responsible
8.2 Attitude and Motives of the Superior
8.3 Strength of Will
8.3.1 Basic False Decisions
8.3.2 On and Off of Willpower
8.3.3 The Single Decision
8.3.4 Recommendations
8.4 Independent Compliance
8.4.1 The Necessary Resources
8.4.2 Facts vs. Assumptions
8.4.3 Playing Across the Board
8.4.4 The Key Competence
8.4.5 Compliance Opponent Boss
References
9 The Inner Circle
Abstract
9.1 In the Thick of it Instead of Just Being There
9.2 Knowing Each Other
9.2.1 Do You Get to Know Each Other?
9.2.2 The Skin of the Other
9.2.3 Determination of the Other Point of View
9.2.4 Determining the Perspective
9.3 Members of the Inner Circle
9.3.1 Relevance of Rumors and Moods
9.3.2 Information Exchange
9.3.3 Other Perspectives
9.3.4 Official Events
9.3.5 Unofficial Dates
9.4 Concentric Circles
9.5 Giving and Taking
9.6 Small Gifts Keep the Friendship
References
10 Allies
Abstract
10.1 Possible Allies
10.2 The Individual Allies
10.3 Reasons and Obstacles to Alliance Formation
10.4 The Emotional Bank Account
References
11 The Operational Management
Abstract
11.1 The Image of Operational Management
11.2 Special Features in Dealing
11.3 Control Function of Operational Management
11.3.1 Filtering, Explaining, Translating
11.3.2 The Question of Guilt
11.3.3 Reactions to Compliance Activities
11.3.4 Fear as a Means to an End
11.4 Rejection of Compliance
References
12 The Contacts
Abstract
12.1 Employee Intervention
12.2 Decision Criteria
12.3 Supervisor vs. Compliance
12.4 Authority
12.5 Power Imbalances
12.6 Informal Ways of Obtaining Information
12.7 Understanding and Understanding
References
13 Beginners
Abstract
13.1 Between Buddy and Boss
13.1.1 Knowledge About Compliance
13.1.2 Knowledge Transfer
13.1.3 Influence
13.1.4 Special Form of Influence
13.2 Areas of Influence
13.2.1 New Employees
13.2.2 Trainees
13.2.3 Influencing the Majority
13.3 Compliance Care
References
14 The Groups
Abstract
14.1 Functioning of Groups
14.2 Compliance as a Group
References
15 Examinations
Abstract
15.1 Examination and Control Concepts
15.1.1 Controls
15.1.2 Examinations
15.1.3 Relationship to Internal Audit
15.1.4 Controlling
15.1.5 Organization, Strategic Planning
15.1.6 Whistleblower
15.1.7 Self-Examination of Compliance
References
16 Trainings
Abstract
16.1 The Goal
16.2 Influence vs. Consolidation
16.3 Electronic vs. Face-to-Face Training
16.3.1 Electronic Training
16.3.2 On-Site Trainings
16.3.3 The Lecturer
16.4 Knowledge
16.5 Values
16.6 Rules of Thumb
References
17 The Compliance Violation
Abstract
17.1 Compliance as a Pressure Cooker
17.2 The Wrong Paradigm
17.3 Considered and Spontaneous Behavior
17.4 Money or Love?
17.5 (Potential) Perpetrators Reach
17.6 The Offer of Compliance
17.7 Future Prevention
17.8 The Incorrigible
References
18 After the Discovery
Abstract
18.1 Responsibility and Objectives
18.1.1 Future Avoidance
18.1.2 Justice
18.2 The Internal Company Court
18.2.1 Penalty
18.2.2 Confidentiality vs. Corporate Pillory
18.2.3 Damage Compensation
18.2.4 Further Activity
18.2.5 Image in Public
18.3 Positive Conclusion
References
19 Conflicts
Abstract
19.1 Honesty
19.1.1 Degree of Honesty
19.1.2 Moral Implications
19.1.3 Honesty and Money
19.1.4 Direct and Indirect Receipt of Money
19.1.5 Knowledge of Mechanisms
19.2 Possible Solutions to Conflicts
19.3 Power
19.3.1 Sources of Power
19.3.2 Motives and Influencing Factors of Power
19.3.3 The Effect of Power
19.3.4 The Clarification of the Question of Power
19.3.5 Power and Morality
References
20 Examiners and Consultants
Abstract
20.1 Agility
20.2 The Right to Interpretation
20.3 Supply and Demand
20.4 Compliance Audits
20.5 Examination Procedure
20.6 Purchasing Services
20.7 Further Development
References
21 Your Own Career
Abstract
21.1 Evaluating Your Own Situation
21.2 Achieving Goals
21.3 Fortune Must They Have, The Compliance Officers
21.3.1 Aspects of Happiness
21.3.2 The Meaning of Happiness
21.3.3 Action Recommendations
21.3.4 The CO’s Happiness
21.4 Dealing with Failures
References
22 Changes
Abstract
22.1 The Worst Case Scenario
22.2 Chance vs. Risk
22.3 Responsibility
22.4 Preparation of the Individual Case
22.5 Reasons for Behavior
References
23 Afterword
References