A continuous wave of compliance failures, in areas ranging from money laundering to corruption, has presented a number of “Help Wanted” signs with compliance-minded companies (or those that have become compliance minded at the suggestion of enforcement regulators). Some law schools are responding by offering compliance-related courses (see here and here). As in-house counsel are inundated with stacks of resumes from prospective recruits touting compliance experience, it is difficult to sort the winners from the losers. Always on the lookout for our in-house colleagues, we found an innovative tool that will help screen applicants: fantasy football.
With over 23 million Americans playing in online or offline fantasy-football leagues, there is a 7 percent chance your would-be compliance professional has a fantasy team. If your applicant does not already have a team, it will take just a few minutes to have them put one together—and these picks will tell you quite a bit about the applicant’s approach to compliance.
Similar to developing your company’s compliance program, everyone has their own approach to fantasy football success. Some companies’ compliance models use empirical data and statistics to supplement their program and identify risk, while others effectively throw darts at the wall. Fantasy football enthusiasts use the same sorts of decision models. It is easy to look at the quarterbacks or highflying offensive players, but for compliance professionals the real story is in the defensive line—maybe a bit boring, but critical to winning games.
So look at which NFL teams your candidate leans on to fill their fantasy roster, and then see if they’re in line with your company’s compliance needs:
- San Diego Chargers: This candidate is an old-school compliance professional—likely focuses on policies and procedures above everything, and hides behind acronyms when describing compliance challenges. Unless you need a warm body, you should probably keep looking.
- Dallas Cowboys: This candidate believes in big ideas with little or no substance. During the interview you’re likely to hear buzz phrases like “driving change,” “business mandates,” and “cart before the horse,” followed by efforts to explain everything with a PowerPoint presentation or complicated chart.
- Chicago Bears: If you need help implementing compliance reforms within your organization, this is your candidate. He or she understands a risk-based approach to compliance and proper allocation of resources. Like Bears defensive coordinator Mel Tucker, this individual will help you build a robust program aligned with operations within your organization.
- Houston Texans: Yes, we’re based in Houston . . . but hear us out. Like Wade Phillips, this candidate understands fundamentals and a strong culture of compliance. A real winner—this candidate believes in long-term value and will likely understand the larger importance for the organization of investing in compliance. He or she also likely understands how systems and technology can be leveraged to design a risk-based program. No interview is necessary. Reply with your best offer and move quickly.
- Oakland Raiders: Check this candidate’s resume very carefully and contact references. He or she likely has no compliance experience. A key giveaway during the interview will be the candidate mentioning a prior lunch (likely a CLE event) with enforcement attorneys for various regulators. Delete. You didn’t receive the resume. Deep breath.
- New England Patriots: A solid candidate. Not a Texans- or Bears-type candidate, but strong. Like Head Coach Bill Belichick, this candidate likely understands the key elements of a compliance program such as strong leadership, effective standards and controls, training and communication channels, audits and response, effectively managing third parties, and a robust risk assessment process. A solid choice.
And if they pick from other NFL franchises? Well, you just might have to read through the candidate’s resume again.
Ryan McConnell and Michelle Jee are lawyers at McConnell Sovany, a boutique law firm focused on compliance consulting, criminal defense, and plaintiffs’ litigation. McConnell spent four years in the U.S. Attorney’s Office and currently teaches both corporate compliance and criminal procedure at the University of Houston Law Center (UHLC). Michelle Jee is a former law clerk at the United States Attorney’s Office and recent graduate of UHLC. Send your fantasy picks to the pair at [email protected].