Archived Webinar

Whistleblowing and the New Race to Report: The Impact of the Dodd-Frank Act and Proposed Changes to the U.S. Federal Sentencing Guidelines

Overview

  • Event Held On: 9/29/2010

Full Event Description

The Dodd-Frank Act’s creation of whistleblower bounties potentially amounting to tens of millions of dollars for people who provide the SEC with original information about violations of securities laws will likely encourage more people to provide tips to the SEC. But will it also impair the effectiveness of organizations’ existing ethics and compliance programs? Will people be less willing to report wrongdoing internally and instead contact the SEC in hopes of earning a large bounty? How can organizations maintain the ability to self-report wrongdoing to the authorities with this new disincentive for internal whistleblowing?

The proposed 2010 changes to the U.S. Federal Sentencing Guidelines would create increased opportunities for a reduction in organizational sentences when the organization has an effective compliance and ethics program in place incorporating direct reporting obligations from the head of the compliance program to the board of directors or audit committee, with at least annual reporting on the program’s implementation and effectiveness. As organizations revise their reporting lines and evaluation processes to take advantage of this opportunity, how might expectations of the board of directors or audit committee drive a more sophisticated evaluation of whistleblower systems?

In this Webcast our speakers will discuss how the above developments may drive significant change in the way whistleblower systems are evaluated and in the performance goals that may be set. They will discuss why whistleblower systems that have until recently been considered adequate may no longer be sufficient. Our speakers will discuss ten things organizations can do to evaluate their whistleblower systems and identify enhancements that could help drive performance to the higher level that may be essential in this new regulatory environment.

With the SEC now offering potentially tens of millions of dollars to people to call their whistleblower hotline instead of your organization’s hotline, this is a session you cannot afford to miss.

Speaker Biographies

Toby Bishop, Deloitte Financial Advisory Services LLP

Toby Bishop
Director, Deloitte Forensic Center , Deloitte Financial Advisory Services LLP

Toby Bishop is the director of the Deloitte Forensic Center for Deloitte Financial Advisory Services LLP in Chicago. He has been named five times to Accounting Today’s list of the Top 100 Most Influential People in the Accounting Profession. He is co-author, with Frank Hydoski, of the book Corporate Resiliency: Managing the Growing Risk of Fraud and Corruption (Wiley, 2009) and a related article in Harvard Business Review (October 2009). A global thought leader in the area of fraud detection and deterrence, he is a contributing author and a member of the Board of Editors of Business Crimes Bulletin and a member of the Board of Research and Education Advisors for the Institute of Internal Auditors.

Mr. Bishop co-authored for the AICPA the publications Management Antifraud Programs and Controls: Guidance to Help Prevent, Deter, and Detect Fraud, as well as Management Override: The Achilles’ Heel of Fraud Prevention — The Audit Committee and Oversight of Financial Reporting, and the IIA/AICPA/ACFE guidance Managing the Business Risk of Fraud: A Practical Guide. He serves on a task force of the Center for Audit Quality’s Anti-Fraud Working Group. He is the former president and CEO of the Association of Certified Fraud Examiners, the association of over 50,000 anti-fraud professionals in 125 countries.

A commentator on global fraud trends, Mr. Bishop has been quoted in newspapers such as The New York Times, London’s The Daily Telegraph and India Today. His material has appeared in publications such as BusinessWeek, CFO magazine, Forbes.com, Fraud Magazine, Reuters, USA Today, Accounting Today, The American Banker, The Auditor’s Report, Boardmember.com, Business Ethics, Compliance and Ethics Magazine, Compliance Reporter, Compliance Week, Corporate Accountability Report, Corporate Board Member, Corporate Counsel, The CPA Journal, Director’s Alert, GRC 360, InformationWeek Global CIO, Internal Auditing, Journal of Accountancy, NACD Directorship, Sarbanes-Oxley Compliance Journal, Wall Street & Technology, and White-Collar Crime Fighter.

Mr. Bishop has appeared on television in several countries. He has brought his thought- provoking insights on fraud to events for organizations around the world. Born in England, Mr. Bishop is a graduate (MA) of the University of Oxford. He is a Certified Public Accountant (CPA) licensed in Illinois and Massachusetts, a Certified Fraud Examiner (CFE) and a fellow of the Institute of Chartered Accountants in England & Wales (FCA).

Mohammed Ahmed, Deloitte Financial Advisory Services LLP

Mohammed Ahmed
Senior Manager, Forensic & Dispute Services, Deloitte Financial Advisory Services LLP

Mohammed is a senior manager in the New York Forensic & Dispute Services practice of Deloitte Financial Advisory Services LLP (“Deloitte FAS”) where he specializes in providing compliance and ethics program assessments, fraud and corruption risk management consulting services, and fraud and corruption investigation services and has performed such services for clients in Africa, Asia, Europe and the Americas. He has been extensively involved in developing the methodologies, tools, marketing and strategic plans for the firm’s fraud risk management consulting practice, including the development of Deloitte’s five-step methodology for fraud risk assessments.

Mohammed has assisted multinational companies with their global corporate governance, fraud and corruption risk management and ethics and compliance programs by conducting awareness training and workshops, assisting with their implementation of compliance/fraud/corruption risk assessments and performing benchmarking and gap analysis assessments of their compliance and ethics programs. Mohammed is a frequent speaker globally, including at compliance, ethics, fraud and corruption conferences globally and was recently featured in the Fall 2011 edition of the University of Illinois at Urbana-Champaign’s business school magazine, Perspectives, in the article “Deputizing the workforce, will bounties motivate whistleblowers?” He co-authored an article titled ‘Deploying Countermeasures to the SEC’s Dodd-Frank Whistleblower Awards’ which was published in the October, 2010 edition of the Business Crimes Bulletin newsletter. He is currently co-chair of the United Nations Global Compact sub-working committee on anti-corruption risk assessment guidance. He has also been interviewed on video by the Economist Intelligence Unit as a subject matter expert on fraud risk management. Mohammed was a nominee in the Yale School of Management’s ‘Rising Stars of Corporate Governance’ in 2010.

Prior to joining Deloitte FAS, Mr. Ahmed spent over eight years with Deloitte & Touche LLP providing accounting, audit and assurance services mainly to multinational clients, with a focus on the manufacturing, distribution, publishing and services industries. While at Deloitte & Touche LLP, Mr. Ahmed spent two years in Dubai, UAE, providing audit and advisory services to local conglomerate and multinational clients in various industries.

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