Compliance Officers Face Uphill Climb on Audits – Here’s the Way Forward
April 7, 2020
In the age of the current pandemic, compliance officers have enough on their plates without worrying about audits.
Yet that’s exactly where decision-makers stand these days, as a new study points out how far companies have fallen behind the curve on successful audit programs.
According to the Bonadio Group, a CPA firm based in Rochester, N.Y., companies have a long way to go to shore up their compliance and auditing functions.
This from the survey:
“57 percent of respondents feel they do not have the resources to adequately carry out the compliance function, compared to 54 percent in the firm’s 2014 and 2016 surveys,” Bonadio found.
“In related data points, one in five respondents indicated that their organization does not perform an annual organization-wide risk assessment and 31 percent said their auditing and monitoring process is insufficient for an effective compliance program.”
Without a doubt, compliance audits matter, especially as company information shifts into digital mode and risks of non-compliance grow exponentially.
“Non-compliance costs may start with fines, but losses from eroded consumer trust, employee morale and competitive advantage can be substantial,” noted PWC in its 2019 “State of Compliance Study”. These, in turn, may further erode investor confidence and share prices.”
Getting a Grip of Audits as a Compliance Measuring Tool
In an environment where the risk is so high and confidence among compliance officers so low, what can companies do to turn the tide and run the successful audit programs needed to curb compliance threats and costs?
No matter what compliance frameworks your company faces, these audit process actions steps can lead the way:
Self-audit – and do it often. In the auditing realm, you really don’t know where you stand until you know where you stand. Thus the need to regularly perform your own self-compliance audits and self- audits fit the bill there.
Start your self-audit program by creating an internal team, led by the company compliance officer. Or, at the very least, appoint an independent auditing firm, if internal resources can’t handle the task. Task your audit team to create a guide that includes the following steps and goals:
— Explains the self-audit’s objective
— Explains what controls will be used and how they’ll be used to meet your audit goals
— Explains the exact steps needed to successfully self-audit
The goal with any self-audit program is to establish a solid platform for conducting in-house audits on a regular basis – all additional steps will begin from that program.
Know your “high risk” areas. As you build a self-audit team, establish program goals around areas of high company compliance risk. For a healthcare company, those risks might come from Medicare contracts; from a technology firm, those risks may derive from fraud alerts; and, from a financial services firm, those risks might come from aggressive trading practices.
The goal here is to target the risk, identify it, and steer your company-wide audit priorities toward testing and mitigating risks in the areas most likely to harm your company.
It’s a good idea to task company department heads to identify their own areas of compliance risk and estimate the total liabilities and penalties that await, if those areas are found in non-compliance.
Additionally, make your company information technology team or your IT vendor a big part of your audit team – IT is a huge help in accumulating, analyzing, and presenting key auditing and compliance data.
Then, take the risks to your audit team and C-level executives, rank them in terms of probability exposure, and test those risk areas more aggressively. Simultaneously, ensure that those higher-risk areas have policies in place to mitigate compliance concerns, and that policy steps are in place to remedy any compliance issues that arise.
Be transparent about your audit program results. Once you have policies in place, and your audits start yielding results, be as transparent as possible so your company really does know where it stands, compliance-wise.
For example, share audit results with company managers and your firm’s board of directors. Make those results a specific agenda item at regular meetings and shape compliance policies out of the resulting discussions. Have your in-house compliance team (or independent auditor) on hand at management and board meetings to discuss your audit policies and procedures, and that your company’s highest compliance risk areas remain a priority.
The Takeaway on Building a Better Auditing Process
Achieving better audit outcomes is all about creating a company-wide environment where auditing becomes a top-level priority.
By building an accountable audit team, testing compliance areas regularly, and focusing on high-risk compliance, and sharing results among company decision-makers, you’re taking the major steps needed to audit properly and reduce or even eliminate the compliance threat inside your company – for the short term and for the long term.
Asif Alam is the Chief Executive Officer at Compliance.ai. A leader in shaping disruptive technology, his experience includes building products using AI and natural language processing for GRC, payments, lending, risk, trading, and new solutions, from Fortune 500 companies to startups.
In his most recent role, he served as the Chief Strategy Officer of ThoughtTrace, unlocking new revenue streams and markets, and reignite portfolio growth. ThoughTrace was then acquired by Thomson Reuters in 2021.
He brings more than 20 years of management and business experience; increasing profitability, unlocking new revenue streams and markets, and reignite portfolio growth for companies like Thomson Reuters, Crux Informatics, and Finastra. Asif is a forward-thinking expert driving engagement via client forums, public presentations, and white papers.
Cesar Lee is a Principal at WRV, a venture capital fund focused on early-stage investments in hardware, semiconductor, and other technology-related companies. Previously, he was an investment professional at Riverwood Capital, a technology-focused, late-stage venture capital, and private equity fund. He began his career at RBC Capital Markets, where he was part of the Mergers & Acquisitions group for two years and the Equity-linked & Derivatives group for one year. While at RBC, Cesar spent a majority of his time working on M&A advisory transactions for technology companies.
Cesar’s investment experience includes buyouts, later stage, early stage and seed rounds. Cesar has completed transaction in the U.S., Latin America, and Asia, and in technology sectors including data centers, software, semiconductors, consumer electronics, robotics, big data, and internet.
Maria Devassy is a RegTech, Content, and Technology leader with over 20 years of experience helping companies bridge the gap between technology, product, and business. Maria has held leadership positions with MetricStream, KPMG, Oracle Corporation, and other technology companies. She has launched several successful RegTech products, business partnerships, and advised Fortune 100 clients on risk management, audit, advisory, and compliance business across Industries.
Hugh Cadden is a recognized expert in derivative financial and trading markets including futures, options, and swaps. Hugh is currently a senior consultant and expert with OnPoint Analytics, Inc. an economic, finance and statistical consultancy specializing in expert testimony for complex litigation. He has been specializing in the organization, operation, and regulation of financial and trading markets for over 40 years. Hugh’s experience includes both the public and private sectors and he has held senior level positions with the U.S. Commodity Futures Trading Commission including serving as Director of the Division of Trading and Markets and Deputy Director of Enforcement. He has been qualified as an expert on financial and trading market matters before the Commodity Futures Trading Commission, the Securities and Exchange Commission, the U.S. Tax Court, Financial Industry Regulatory Authority, National Futures Association, American Arbitration Association and federal courts.
Drake Ross is a former bank regulator who specialized in compliance with consumer protection regulations while at the OCC, FDIC, and OTS. While at these agencies, he provided extensive training and guidance and developed materials to ensure full comprehension and proper application of rules, laws, policies, and guidance, and served as a Subject Matter Expert in numerous areas. Because of his expertise, he often presented at agency and industry events. He also played a significant role in successful windup of the 2008 IndyMac Bank failure, where because of his extensive knowledge of the FDIC deposit insurance regulations, he was called upon to administer highly-complex insurance determinations.
Carliss Chatman is an Assistant Professor of Law teaching Contracts, Agency and Unincorporated Entities, Corporations, and Transactional Skills. Her work is influenced by over two decades of service on non-profit boards and involvement with community organizations. Through leadership positions, she has developed expertise in corporate governance and non-profit regulation. She has also been instrumental in strategic planning and fundraising efforts. Prior to law teaching, Professor Chatman was a commercial litigation attorney in Houston, Texas. In practice, she focused on trial law, appeals and arbitration in pharmaceutical, health care, mass torts, product liability, as well as oil, gas, and mineral law. In addition to negotiating settlements and obtaining successful verdicts, Professor Chatman has also analyzed and drafted position statements regarding the constitutionality of statutes and the impact of statutory revisions for presentation to the Texas Legislature.
Sign me up for all regulatory updates
Get access to EITL Forum recordings
Mariam is an Operating Principal at Cota Capital. Mariam has experience providing guidance on strategic and operational planning to Venture and Growth stage companies. Prior to Cota Capital, Mariam spent her career in management consulting as a Director at KPMG. She has experience leading global transformation programs and developing innovative service offerings for Fortune 500 companies in the Technology sector. Mariam has an MBA from UCLA’s Anderson school of management with an emphasis in Finance and Entrepreneurship. She has a Bachelors in Science in Finance and a Bachelors in Science in Economics from Santa Clara University.
Chris Callison-Burch is an Associate Professor in Computer and Information Science Department at the University of Pennsylvania. His research interests include natural language understanding and crowdsourcing. He has served the Association for Computational Linguistics as the General Chair for the ACL 2017 conference, as an action editor for the Transactions of the ACL, as an editorial board member for the Computational Linguistics journal, and an officer for NAACL (the North American chapter of the ACL) and for SIGDAT (the special interest group for linguistic data and corpus-based approaches to natural language processing)
Tom Ladt is an experienced executive and investor. Tom has lead and served on the boards of several public and private companies serving highly regulated industries such as technology, healthcare, real estate, and food processing. Tom has also served in key governmental roles and on numerous community boards.
Jeroen Plink is a global executive with a proven track record of developing and growing businesses, teams, and technologies with innovation and passion. Jeroen was CEO of Practical Law US during its acquisition by Thomson Reuters. He now serves on numerous boards and acts as a strategic consultants for start-ups.
Global Legal and Compliance executive with 15+ years of success in the SaaS technology and financial services industries. Partner to the CEO and executive team in corporate transactions, business development, product expansion, and regulatory navigation during periods of intense growth and organizational change. An advocate of effective risk management that starts with sound business practices and putting the customer first.
Richard Dupree has held multiple Risk, Compliance and Operations positions at regional, national, and global financial services firms including Wells Fargo, Silicon Valley Bank, Bank of the West and BNP Paribas. Rick currently advises FinTechs and RegTechs and sits on industry panels, contributes to industry whitepapers, thought leadership efforts, and speaks at industry seminars on Risk and Compliance challenges faced by banks and FinTechs.
Brian advises clients on legal and regulatory compliance in the financial, tech, and procurement sectors. His passion is helping businesses succeed in heavily regulated environments. As counsel and trusted advisor to businesses of all sizes, and as a former regulator, policymaker, and federal official, Brian acutely understands the unintended burdens that even well-intentioned government requirements can put on innovation and business growth, as well as how to create policies that strike the right balance.
Brian served as National Ombudsman in the Obama Administration, leading the federal Office of Regulatory Enforcement Fairness in assisting hundreds of startups, entrepreneurs, and small business owners in every industry and every state.
Dr. Marsha Ershaghi Hames is Managing Director of Strategy & Development at LRN, a leader in advising and educating organizations about ethics and regulatory compliance, as well as corporate culture, governance and leadership. With the focus of inspired behavior versus required behavior, LRN is a leading voice in the industry for companies to build ethical cultures instead of “check-the-box” compliance approaches. She’s advised Department of Justice corporate monitors on successful program transformation under CIAs (Corporate Integrity Agreements. With over 20 years of experience in leading multinational ethics and compliance strategies, Marsha has become a highly sought-after thought leader on leading Corporate Compliance and Ethics practices.
Carla Carriveau is currently the Senior Managing Counsel at Wealthfront, an automatic investment service firm in Redwood City, California. Carla was previously Senior Counsel, Division of Trading and Markets, at the United States Securities and Exchange Commission. As a former regulator with over 15 years of experience in helping small businesses navigate legal and regulatory needs in the financial services sector, Carla advises Compliance.ai on financial services regulation, the regulatory landscape and industry practices.