Skip to content

Compliance Building

Doug Cornelius on compliance for private equity real estate

Menu
  • Home
  • About
    • About
    • About Doug
    • About This Website
    • Why I Blog
    • Speaking Engagements
    • Contact
    • Publications
  • Archives
    • Topic Archive
    • Book Reviews
    • Most Popular
  • Subscribe
  • Disclaimers
    • Disclaimers
    • Policies and Procedures
    • Use of Site Content
    • Comments
    • FTC Disclosure
Menu

Assessing the Effectiveness of Compliance and Ethics Programs

Posted on June 4, 2009October 3, 2013 by Doug Cornelius
Print Friendly, PDF & Email

compliance-wek-purple

My notes, live, from Jack Holleran of Ernst & Young  and Patricia Prince-Taggart of CA on ways to measure program effectiveness, with an analysis of qualitative and quantitative measures.

Jack put forth three primary objectives to compliance programs:

  • To prevent non-compliance
  • To detect non-compliance
  • To enhance business processes and decision-making

He offered the following as the benefits of measurement:

  • Enables you to “know where you are”
  • Enables you to demonstrate effectiveness to Executive management
  • Enables you to demonstrate effectiveness to Audit committee
  • Enables you to demonstrate effectiveness to Regulators
  • Enables you to identify and prioritize opportunities for improvement in ethics and compliance program (design and execution)
  • Enables you to demonstrate business case, or value, that ethics and compliance program provides to the business

He offered this as his illegible diagram of a compliance program:

ernst-framework

Qualitative measures

  • Provide some indication of awareness of ethics and compliance program
  • Tend to be subjective in nature
  • Useful in identifying trends

Quantitative measures

  • Provide objective insights into program effectiveness
  • Tend to be hard data
  • Useful for benchmarking your company to other organizations or within industry

Measuring effectiveness – the role of auditing and monitoring:

Evaluate each control for adequacy:

  • As designed, will it prevent / detect? Alone, or with other controls?
  • If design is adequate, test to verify control is operating as designed

Testing examples:

  • Field work: policy application within business units
  • Continuous testing: review of helpline calls, customer complaints
  • Transaction reviews for red flags
  • Risk-based reviews (e.g., FCPA, environmental)
  • Surveys/focus groups to measure awareness, attitudes, knowledge

Establish procedures for conducting investigations:

  • Confidentiality
  • Case resolution procedures
  • Post-resolution surveys of callers
  • Checking for possible retaliation

You want to determine the “Effectiveness Gap”: the difference between the inherent risk and management’s effectiveness.

Ethics and compliance, like any business function, faces the internal challenge of demonstrating return on investment (ROI). Measuring effectiveness can enhance your ability to demonstrate ROI. Trending over time can produce insights.

Starting is the most important part of effectiveness. Doing nothing is not effective. You can’t be afraid to find out information.

Here are some other resources they recommended:

Metrics Qualification Tool
www.oceg.org/view/mqt

The Elephant in the Room: Program Evaluation & Performance Measurement
www.oceg.org/view/elephant

Measurement & Metrics Guide: Performance Measurement Approach and Metrics for a Compliance & Ethics Program www.oceg.org/view/MMG

Metrics Full Listing
www.oceg.org/view/mmglisting

Metrics & Measurement Guide Presentation: Beyond Effectiveness
www.oceg.org/view/MMGPreso

(These notes are taken live, so I apologize if I left out anything or misquoted someone. Please forgive any typos or grammatical errors.)

Share this:

  • Print (Opens in new window) Print
  • Share on Facebook (Opens in new window) Facebook
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on X (Opens in new window) X
  • Email a link to a friend (Opens in new window) Email

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Search for Stuff

Recent Stories

  • No Insider Trading Too Small
  • Cancel-Rebill and Screw Your Clients
  • New Risk Alert on Investment Adviser Annual Compliance Reviews
  • When Compliance Says “Do It”, But the Firm Doesn’t
  • Extending Compliance Dates for Form PF
  • The Massive Scope of Digital Asset Investment Scams
  • SEC Proposes Rescission of Political Contribution Rule for Investment Advisers
  • Is Failure to Disclose Misappropriation Committing Securities Fraud?
  • SEC Sweep of Fake Form ADV Filers
  • New Custody Rule Is On Its Way

Fight Cancer

Please support my Pan-Mass Challenge
Make a donation to fight cancer. donate.pmc.org/DC0176
pan-mass challenge badge

I am a lawyer, but I am not your lawyer. Since I’m a lawyer, this website may be considered attorney advertising under the ethical rules of certain jurisdictions. Please read my disclaimers page before taking any action. And then, don't take any action based on what I wrote.

Creative Commons logo with the text 'Some Rights Reserved' and three symbols representing attribution, non-commercial use, and share alike.

Compliance Building - by Doug Cornelius is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

© 2026 Compliance Building | Powered by Superbs Personal Blog theme