Académique Documents
Professionnel Documents
Culture Documents
David Gebler
Executive summary.............................................................................................................VII
Acknowledgements.............................................................................................................XI
III
Contents
Chapter 9: Change the game – Developing training and communication for every level.... 77
Leadership issues and responsibilities.................................................................................... 77
Challenges for managers..................................................................................................... 79
Getting line employees on board.......................................................................................... 79
IV
Creating a Culture of Compliance
Appendices
Appendix 1: 2007 Federal Sentencing Guidelines................................................................ 113
Appendix 2: Ethics Resource Center.................................................................................... 119
Index.............................................................................................................................. 121
V
Executive summary
What leader would not want to foster a Compliance efforts at most companies were
culture of compliance? designed to stop bad people from doing bad
On the surface, a culture of things. In many companies there is very little to
compliance reflects an organisation in distinguish the controls imposed to deter fraud
which compliance is embedded in every from the ethics and compliance programme.
strategic decision. In such an organisation But the reality is that most unethical activity
employees respect the processes that is done by otherwise good and honest
are essential for the organisation to get employees; people who get caught up in
its job done. The organisation has done tough situations and then succumb to pressure
its homework and developed a matrix and influence. Employees that get caught
of processes and procedures to inform even after admitting their crimes will often say
employees as to what is expected of that they were only doing what they thought
hem; and to audit when they fail to meet was expected of them.
those standards. A different approach is needed to reduce
The following critical questions support these types of ethics risks. Leaders need to
each step an organisation must take to adopt practices that acknowledge the fact
create a sustainable culture of compliance: that maintaining high ethical standards is
not just a function of good financial controls
What motivates employees and and widespread awareness of the company’s
managers to comply? Do they comply code of standards. The ability of individual
because of fear of getting caught? Or employees to act ’ethically’ is as much
do they comply because leadership a function of their environment as it is a
models that doing the right thing is the function of their personal integrity and their
expected way to meet your goals? awareness of the rules.
How does a leader know if the ethics Why is it difficult for leaders to adopt
and compliance programme is actually culture-based approaches to reduce ethics
working? What criteria are used to base risks? The problem is that even good leaders
that determination? have trouble seeing ethics trouble before
How does the organisation gauge it’s too late. Leaders are less likely to notice
success? Many programmes gauge unethical behaviour in others when it occurs
success by the number of employees in small increments and before a scandal
who sign the code or take required emerges. No leader thinks their company
compliance training. But the real test is like Enron or WorldCom.
is whether employees would report However, even if things work out all right
misconduct and feel less pressure to in one instance, they are blinded to warning
engage in misconduct. signs of the next scandal.
VII
Executive summary
VIII
About the author
Through 20 years of advising global organisations, David Gebler is a recognised thought leader
in values-based ethics and culture risk management. An innovator of new approaches to raise
the awareness of ethics and values in major organisations, David advises senior leaders on the
deployment of integrity-based processes and the development of interactive ethics and compliance
training programmes.
A business lawyer by training, David received his J.D. from the University of California in Davis.
In addition to practising law in California and Massachusetts, David worked in Israel for CBS Records
International as director of business affairs and as an in-house lawyer for El Al Israel Airlines.
David works with clients to understand how their culture impacts ethics and compliance risks,
helping them develop strategies to reduce those risks by aligning the values of the organisation’s
people with business goals. He has served as ethics counsel for numerous organisations, assessing
culture-based risks, developing ethics training and drafting codes of conduct. David has worked with a
variety of companies including General Dynamics, Duke Energy, MolsonCoors and Scotts-MiracleGro.
David is on the International Advisory Board of Suffolk University’s Graduate Programme in Ethics
and Public Policy in Boston, US, where he co-teaches a course in Business Ethics.
IX
Acknowledgements
The author would like to thank Avery Struthers for his excellent work in pulling together the case
studies for this work.
Thanks to Evie Serventi at Ark Group for being such a strong advocate for the need to talk
about culture.
XI
Creating a Culture of Compliance
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