Organizational Behavioral and Corporate Culture Risk:
- Behavioral risk relative characteristics: exposure, severity and probability of occurrence.
- Organizational culture risk with beliefs in the degree of control over risk.
Environmental and Health Risk:
- Frequent extended-stay business trips overseas monitoring supply chain.
- Business Travel to remote regions of developing countries:
- Transportation Accidents. (i.e. taxi, bus, train, ferry, flight and company car/van)
- Food Contamination.
- Sanitation, Hygiene, Water Supply, Air Pollution.
- Building Code Safety. (i.e. fire and earthquake resistance, emergency escape plans).
- Transportation Accidents. (i.e. taxi, bus, train, ferry, flight and company car/van)
Fraud Risk:
- Theft of Assets or Stock.
- Management of Conflicts of Interest.
- Vendor, Supplier, or Procurement Fraud.
- Regulatory or Compliance Breach.
- Consumer Products: Specification Fraud, CPSIA Tracking Label Fraud, Test Report Fraud.
- Intellectual Property (IP) Theft.
- Employment Fraud.
- ESG Fraud
- Tariff Engineering or Customs Fraud.
- Intrinsic Fraud.
Bribery Risk:
- Expensive gifts, free travel, lavish entertainment.
- Hidden interest in business transactions.
- "Loans", whether or not repaid.
Corruption Risk:
- Collusion risk between business and government officials.
- Collusion risk between business and private sector's "crime of necessity".
- Transnational Organized Crime.
- Trade-Based Money Laundering.
- Public and Enterprise Corruption (i.e. Racketeering RICO)
- Moreland Commission on Utility Storm Preparation and Response (2012)
- Moreland Commission to Investigate Public Corruption (2013). Martin Act Hobbs Act Misprision.
- Fraud Upon the Court: Extrinsic Fraud, Fabricating Evidence, Fraudulent Evidence, Omission of Evidence, Creating a Cloud of Litigation to Cover Up, Omitted Gravamen of the Complaint.
- Regulatory Capture or Scofflaw Impunity.
- Title 18 U.S.C. § 4. Misprision of felony.
Reputational Risk:
- Ethics (i.e. Labor Trafficking , Peonage, CSR audit fraud).
- Safety (i.e. Recalls, Safety Test Report Fraud).
- Security (i.e. SocialBot , Consumer Surveillance ).
- Sustainability (i.e. Greenwashing ).
- Quality (i.e. Quality Fade ).
- Innovation (i.e. Monetizing Personal Data, Click Farm , Click Bait)
- Manufacturing labor/ethics/safety standard marketing claims (i.e. rent seeking NPO's)
1st Party "Say what you do..do what you say,"
Fraud, Waste, Abuse (FWA) Potential in Flywheel Effect Style Business Models
SARS -CoV-1
Coronavirus
March 6, 2018 E-Commerce and Intellectual Property Rights Protection
Senate Finance Committee hearing to examine the challenges facing consumers and businesses regarding counterfeit goods.
Chase-to-the-Top
"Truth, Justice, Liberty and Humanity will ultimately prevail. " Fredrick Douglass
SARS -CoV-1
Travel Passport
VERSUS
Product Safety Compliance, Labor Code of Conduct, Environmental and Social Responsibility, Risk Management
Manufacturing Career Timeline starts during China's 6th FYP (1981-1985). Timeline includes Global Milestones and T.F. Doyle Career Highlights.
- 1983 Manufacturing Engineer responsible for Matsushita (MIC), aka Panasonic /Quasar television models injection molded and decorated housings.
Professional development: Plastics technology, materials, design techniques, testing methods, manufacturing. processes.
Professional development: Began Master of Business Administration studies.
- 1985 Conformance Engineering, Mattel Operations Division:
Responsible for new product development, design evaluation and existing product safety and compliance for:
* Masters of the Universe toy line.
*Marshall BraveStarr NEWLY created toy line.
Daily communication with global factory facilities teams (i.e. US, Mexico, Asia).
Earliest PRC skyscraper Goumao Building completed within 37 months described as Shenzhen Speed.
Plaza Accord joint-agreement between West Germany, Japan, France, UK and US to depreciate the US dollar.
State Council of China approved to establish a SNA (System of National Accounting), a system of national economic accounting (GDP).
- 1986 East Asian model (aka state–sponsored capitalism) economic system when government invests in sectors targeted for growth. Financial Analyst, Mattel Operations Division:
Factory capacity and financial planning,
Cost Engineering Manual cost factors by process/country (MOH, Material, Labor, Overhead, Profit, Transport),
Publish Cost Engineering Manual for US Headquarters Cost Engineer to estimate future new toy design concepts.
Cost factors on Mattel Manufacturing Facilities managed by expats based overseas:
(Korea, Taiwan, Hong Kong,Malaysia, Thailand,Philippines, Mexico maquiladora, United States and Special Economic Zone (EPZ) in China). Cost Factors, labor rates, machine rates, flowchart hours for manufacturing process (i.e. molding, cut n sew,
casting, painting, packaging, materials).
Factory Quotation Analysis to verify valuation of Ex-Factory price and comply with US customs requirements.
ASTM International’s Standard Consumer Safety Specification for Toy Safety (F963) becomes the "Gold Standard" for toy safety.
Money Laundering Control Act aka Anti-Drug Abuse Act of 1986
Uruguay Round Agreement on Technical Barriers to Trade
- 1987 Mattel restructures due to Trouble in Toyland.
McKinsey & Co. was hired by Mattel to assist with a resturcturing program called AVA.
McKinsey conducted job analysis to determine go or no-go needs for each position.
Mattel closed Operations in Philippines. Labor strike is blamed, and thousands of Jobs lost.
Mattel closed Los Angeles and Taiwan factories.
Mattel returns to make toys for Disney.
Mattel Category Finance Department was transformed to Brand Analysis Department for US Division.
- 1988 Financial Analyst, Mattel US Division (newly created Brand Analysis Team):
Consolidated Worldwide Brand P&L's for Corporate Division to present for Board of Directors meeting .
Professional development attending night school college courses: computer science, finance, economics.
Mattel returns to working with Disney.
- 1989 Revolutions of 1989 and the beginning of post-Cold War period.
Globalization and commercialization of the Internet and the mobile phone systems growth accelerates.
- 1990 Financial Analyst, Mattel Girls Division (Brand Analysis):
Brand P&L's and Profit Improvement Program (PIP) reports.
Used database management software to capture Design and Development expense by Brand/Sku using time sheet hours.
- 1991 Professional development in Boreland Paradox Relational Database Management System (RDBMS) programming.
- 1992 Senior Cost Engineer Toy Premiums, Promotional Marketing Firm.
Hired to develop a product costing system.
Code Filemaker and received a recognition award for
developing DBMS for Product Costing & Project Management
System thatincluded P&L Budget, BOM cost sheet and milestone schedule).
"Coming From Japan The Fall of the US Television Industry " Matsushita (MIC) "questionable history of sanctioned dumping into the US stretching back more than 30 years".
Deng Xiaoping launched his "Southern Tour". Deng famously said, "To Get Rich is Glorious".
Clinton Economic Conference Dec. 14, 1992
project management of custom toy promotional premiums.
Sourced Art Supplies factories from Malaysia to reduce cost
and increase product safety compliance as compared to
then current China source which cost tens of thousands of dollars
in testing cost with repeat failures.
News report of 2 different Asia toy factory fires: Shenzhen and Thailand, the latter considered the worst industrial factory fire in history.
Marrakesh Agreement WTO | legal texts - Marrakesh Declaration of 15 April 1994
China unifies its dual exchange rates devalued the renminbi.
Professional development: Night school at Carson, CA CSUDH campus - California State University Master of Science Quality Assurance Program.
The main reason for enrolling in this MSc. Quality Assurance Program was to eliminate risk of depending on Third Party Oversight.
On-site pre-production assessment of China toy and Malaysia art supply factories including water filled toy snow dome and pre-pro safety testing. Prevented a major reputational risk with U.S. Customs and CPSC "Operation Dead-Lead" seizure of children's crayons containing hazardous lead by sourcing a reliable lead-free crayon and chalk factory in Malaysia. Crayons & chalk sold to our client's were safe and complied to ASTM D-4236.
World Trade Organization (WTO) commences.
- 1996 China allows yuan to become fully convertible . The yuan strengthens from 1994 8.7=USD to 1996 approx. 8.28=USD. Received multiple job offers from Custom Toy Premium firms: Chicago, Los Angeles and Orange County.
PRC implements a policy of industrial reform called: "Grasping the large, letting go of the small" Director Toy Premium Engineering: directed newly created team of Hong Kong engineers and merchandisers.
Coded a custom Product Costing & Project Management (DBMS) to execute fast-cycle projects on-time, budget & spec.
Port of Yantian China begins operating as an industrial zone.
Executed NPD and production ramp-up of 8 million custom Star Wars Toy premiums over 8 custom Star War toy designs within 8 months.
The company wins awards and the Strategic Alliance Group experiences rapid growth.
Avian (Bird) Influenza virus appears in Guangdong province.
Mandated factories to mix their own paint in-house to prevent risk of lead contamination from supply chain, Included batch lot tracking labels.
- 1997 Frequent travel between L. A . HQ, Hong Kong Office (HKO), Guangdong factories and licensor offices for design approvals.
Hong Kong handover from United Kingdom to China July 1, 1997.
Asian financial crisis began in July with concern of a worldwide economic meltdown .
Prepare factories for Quality, Safety, Labor Code of Conduct Compliance Audits (i.e. ISO 9001, ISO 14001, HACCP standards).
First known transmission of H5N1 to human occurs in Hong Kong.
The company is acquired by a holding company.
Labor monitoring groups report the health and rights of working conditions in factories making fast-food toy premiums.
Professional development: Graduated School with MSc in QA thesis: Targeting NPD Metrics for Faster Development Cycles.
- 1998 Executed preparation of first Toy premium factory to meet client's HACCP based audit standards (mock recalls, tracking labels).
Executed NPD and production ramp-up of 64 million Star Wars Toy Premiums globally compliant to harmonized International Toy Safety Standards.
Shuttling between Skywalker Ranch and our Los Angeles & Hong Kong offices to safely shorten the development cycles on new Star War Characters.
Fast-cycle NPD and production ramp-up to safely delivered 35 million Talking Plush Chihuahua Dog SLO's: On-Time, On-Budget and On-Spec.
Projects were executed with safeguards established 10 years BEFORE CPSIA 16CFR1107 regulations became law in 2008.
- 1999 Promoted and assumed responsibility to execute ICAC (Hong Kong) mandate to improve RFQ transparency. Senior Director Toy Premium Product Engineering move as expat based in Hong Kong.
Offices in Stelux House San Po Kong Kowloon.
Coaching oversight with high-performance team of engineers and merchandisers
managing new product development from art to parts. Scalable, agile, safe,
fast-cycle NPD structure with DBMS for Product Costing & Project Management
offering peer shared learning benefits.
Attempted to negotiate support from management to attend HKUST MBA as part of my expat package.
Coaching oversight to execute enhanced factory compliance standards for product quality and labor code of conduct. Weekly peer review meeting on Product Costing & Project Management (DBMS) metric data to execute fast-cycle projects on-time, budget & spec. Traveled to Taiwan Hsinchu Science Park to reserve IC purchase for up to 35 million sound modules.
Placed orders with Winbond a Semiconductor Fabrication Plant to produce IC's "chips" for Chihuahua Plush sound modules.
Taiwan suffered a major island wide earthquake "Jiji" hits Taiwan shortly after our team trip to semiconductor fabrication facilties.
Fast-Food Toy Premium Industry competitor experience scandal from a major fast-food toy premium container design recall.
Fast-Food Toy Premium Industry competitor experience scandal from factory and labor code of conduct incidents.
- 2000 From 1979 to 2000, China GDP per capita quintupled to just over $1,000 per year.
H.R. number 4444 changes China's normal trade relations to Permanent Normal Trade Relations (PNTR). Pub. L. 106-286
China Western Development begins.
Third Party Testing Service industry promote their nascent labor code of conduct factory audit service (i.e. Corporate Social Responsibility).
U.S. China Economic and Security Review Commission created by US Congress.
Palermo Protocol: United Nations (UN) protocols against illicit manufacturing and to prevent, suppress and punish trafficking in human beings.
United Nations Convention against Transnational Organized Crime. multilateral treaty against Transnational Organized Crime.
- 2001 Minimum Viable Product (MVP) term was coined and defined. Qaulity Assurance short cut for tech industry.
International Olympic Committee awards 2008 Summer Olympics to Beijing.
Sino-Russian Treaty of Good-Neighborliness and Friendly Cooperation.
Holding company of Applause divests company to radically different ownership.
U.S. Customs Border Protection (CBP) launches CTPAT.
DOJ: "Eight arrested for defrauding ....in Promotional Prize Contest".
China enters World Trade Organization (WTO).
Hired by US based importer as: Director Quality Assurance China for Promotional Gift and Toy Premium Company:
Offices based in Hong Kong, Dongguan City, Shenzhen, Shanghai. Coaching oversight with
mainland China QC Inspectors and merchandisers sourcing white-label product from formal and
informal factories found by merchandisers on Alibaba website.
- 2002 Extensive production debug throughout China to upgrade Products and Factories and reduce reputational risks of client's Brand. Executed In-Person Quality and Social Factory Audits (i.e. Labor Code of Conduct, Environmental and Social Management Systems).
Coach mainland PRC merchandisers and QC on order processing as they source SME's with Alibaba China Supplier Club Web site.
Outbreak of SARS (Severe Acute Respiratory Syndrome) in Asia. SARS is the first deadly infectious disease of the 21st century.
SARS-CoV-1 (2002-2004) "outbreak was first identified in Foshan Guangdong China on Nov 16.
SARS-CoV-1 could have been one of the first warning signs to a potential future global supply chain disruption crisis.
Traveling with QC staff by train, bus, ferry, taxi from Dongguan City office to factories from Zhongzhan to Shantou Guangdong.
Lo Wu Train Station (HK) and Luo Hu Train Station (PRC) construction project connected train stations at the main land border crossing between Hong Kong and mainland China. Station consolidation made traveling into Mainland China easier for Hong Kong residents who
began working remotely in mainland China offices due to cheaper rents, lower staff salaries and closer access to mainland factories.
- 2003 Received multiple job offers from western firms as expat based in: Shanghai, India, Shenzhen and Hong Kong.
SARS Corona-virus global outbreak announced by CDC and WHO. SARS disrupts global economies, supply chains and transportation.
Hired by North American firm as: Director Quality Assurance Far East (India/PRC) supervising: legacy staff
based in Shenzhen Office while setting up a final assembly workshop in an
Special Export Processing Zone SEPZ (www.szepz.com).
Hong Kong working visa while assigned to Shenzhen office,
SEPZ workshop and Luohu District Shenzhen dormitory .
Sept 2003 United Nations Transnational Organized Crime. https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html
UNODC United Nations Office of Drugs and Crime. New York liaison office: https://www.unodc.org/unodc/en/newyork/index.html
Set-up “black box” final assembly workshop in Shenzhen Export Processing Zone (EPZ)
to protect Intellectual Property Rights (IPR). Local workers trained to execute (IQC) of
locally sourced components, final assembly, pack out and final inspection.
SARS-CoV-1 outbreak disruption impacts local travel due to travel restrictions. Hong Kong attempts to rebuild image with Harbour Fest.
Kimberley Process Certification was established to attempt to prevent financing global violence. https://kimberleyprocess.com
US Big Box retailer mandate factory audits for overseas workshops used in their supply chain. English Chinese CTPAT
- 2004 Began sourcing in Southeast Asia (pivot from PRC) for US based distributor of upholstery fabrics and reupholstery supplies.
Professional development attending Global GBS in Southeast Asia Greater Mekong Subregion (i.e. Thailand, Vietnam, Cambodia).
Independent (NPO) ICTI established to safeguard and improve ethical and sustainability standards in the global toy industry supply chain.
Lo Wu Train Station (Hong Kong) and Luo Hu Train Station (China) massive construction completed December 2004.
- 2005 Quota Elimination in all textile and clothing trade between nations which are members of the World Trade Organization (WTO).
Offered multiple opportunities from US based Importer firms: New Jersey and New York.
New Firm: Director Global Sourcing Northern China.
Hired, trained, supervised 4 local PRC staff**to execute daily work instructions.
Product Development execution of Plush Toys, Fashion Handbags/Accessories,
Luggage/Business Cases, Bedding, Home Décor.
UNCAC Dec 2005 United Nations Convention against Crime.
UNODC Corruption and Economic Crime Branch
On-board new factories based on sustainable procurement principles by
conducting workshop assessment to prepare factories for Third Party audits
on CSR, EMS, Labor code of conduct, and Licensor standards
with Corrective Actions to improve safety. Pre-audit self assessment,
China currency Renminbi (i.e. Yuan) depegged from US Dollar.
News Report labor code of conduct compliance incident at fast food toy premium factories; Vietnamese toy factory labor strike.
- 2006 Sourcing on-site assessment of home textiles suppliers throughout Greater Mainland China including color-cotton textiles from Urumqi.
H.R. 32 Stop Counterfeiting in Manufactured Goods Act signed by US president.
News Report labor code of conduct compliance incident at toy premium factories; Dongguan toy factory labor protest.
- 2007 On-boarded Northern China factory capable of high-end quilt standards critical for newly acquired infant bedding enterprise.
Foreign Investment and National Security Act of 2007 - Wikipedia
Initiated cloud-based Sourcing /Compliance Database (DBMS) in Hangzhou, Zhejiang for local access order processing execution and compliance.
Importer execution failures cause* Massive Toy Recalls (over 18 million): toys with lead-paint, chemical, small parts and magnet risks.
2007 the year of the Recall was one of the first major preventable global supply chain crisis with Congressional Oversight Hearings on toy safety.
2007 massive recalls could be the second major warning sign to a potential future global supply chain disruption crisis.
*Root cause: unauthorized subcontracting and lack of research testing.
The following corrective actions given in the hearing were standard operating procedures (SOP's) used to manufacture Promotional Toy Premiums (i.e. free fast-food toys) for at least 10 years prior to the 2007 recalls and hearings.
1) Periodic 3rd Party Safety Testing: Pro-pro, dupro and pre-shipment.
2) Product Date code and tracking labels.
3) Document material supply chains to facilitate ascertaining
the specific source of components and raw materials used in product.
Precursor to Global Supply Chain Crisis
1) Recognize it as a potential future supply chain national security threat.
2) Recognize it as a potential opportunity to leverage political power and compromise to capture regulatory agencies.
3) Recognize it as a potential violation of PNTR by subcontractors.
Vietnam enters World Trade Organization (WTO).
- 2008 Consumer Product Safety Improvement Act (CPSIA) signed into law by US President Bush, approved by House 407-0, Senate 79-13.
CPSIA includes: OSHA Whistleblower Protection for Consumer Product Industry Workers
CPSIA will become a failure due to lack of traceability enforcement that results in a major Global Supply Chain Crisis during the CoV-2 pandemic.
500 protesters rioted at a toy factory in Dougguan as world economic downturn forces closures and lay-offs.
- 2009 New Firm: Director Product Evaluations, Compliance and Quality Assurance (responsible for Corporate QA for US, UK and HK divisions).
Design Evaluation, Product Specification, Regulation & Consensus Standards ,Test Protocols, Packaging & Instruction Sheet warning statements.
Forensic engineering investigations on consumer product involved with incidents, insurance claims, regulatory civil investigation and litigation.
CPSIA mandatory federal standard: All toys in the United States must meet the safety testing requirements of F963.
Shauguon incident happened at the world's largest toy factory in the world.
- 2010 Professional development: Certified Quality Auditor (CQA) by American Society for Quality
California Transparency in Supply Chains Act of 2010 (SB657), a disclosure law came into effect Jan. 1, 2012.
Rare earth trade dispute incident.
Forernic Engineering and product identity verification for claims involved in civil litigation.
PRC labor potentially reached theLewis turning point.
Professional development: "Product Safety, Recall & Product Liability Prevention" 2 Day Seminar.
- 2011 China overtakes Japan as the second largest economy in the world.
Professional development: Spring and Fall courses with Columbia University CVN.
Traveled to Washington D.C. to attend meeting on product involved in Regulatory Agency investigation.
- 2012 New Firm: Sourcing Manager Pet Product Licensed Sports Merchandise:
(hired former PRC staff** who I personally trained (2005-2008) to report daily on
workshop conditions, order processing and factory compliance for professional
and college sport licensed merchandise.
Responsible to onboard supply chain with capable and cooperative suppliers
to produce a new line of pet products with sport license logos.
Coded custom DBMS for Product Costing & Project Management and Product Safety/Regulatory Compliance.
Received a recognition award for new product short cycle time to market. OSHA WPP pilot ADR “The focus of ADR is quick resolution of the whistleblower complaint, rather than investigating the merits of the allegations. “
Congress passed (WPEA) Whistleblower Protection Enhancement Act.
- 2013 New Firm: Sourcing Director Toys: (hired same former PRCstaff** I trained (2005-2013) to report daily on workshop conditions,
order processing and factory compliance.) My responsibility was sourcing new supply chain capable to replace
uncooperative legacy factories who lacked trustworthiness .
Key legacy managers suddenly resigned, and their workload responsibilities were reassigned
to me including supervision of legacy staff members who were handling Product Safety Testing,
QA/QC, Regulatory compliance in addition to Product Development Coordination and
daily order processing requirement execution with new and legacy overseas factories for timely delivery.
Company wide reward given to employees for performance in year celebrating equine model brand 25th anniversary.
Coded custom DBMS for Product Costing , Project Management and Product Safety/Regulatory Compliance. Five Individuals and Five Corporations Charged in New York for Importing and Selling Hazardous and Counterfeit Toys.
CPSIA 16 CFR 1107 becomes effective Feb. 8, 2013. (periodic testing, material change, undue influence, labeling program).
PRC introduction of The Silk Road Economic Belt concept.
Garment Factory Collapse in South Asia.
- 2014 Chinese Yuan weaken against the US dollar. QE exit and hot money outflow from China.
China overtook USA as the world’s largest economy in terms of purchasing power parity (PPP) per IMF.org.
PRC staff traveled to US and extended trip to include NYC region HQ. PRC staff trip included visiting Arden House on top 1,300 ft Mount Orama.
DOJ sentence Toy executive to probation after paying $80 million in taxes & penalties for tax evasion using Secret Swiss bank account to hide funds.
DOL OSHA Regional Investigator writes to USDOL Secretary reporting a culture of corruption within Whistleblower Protection Program.
China's significant wage increase from 2005-2014 compel managers of PRC staff to match prevailing wages to retain trained staff.
ICTI CARE Foundation New Policy with "Demo Factories" subcontracting nearly all work to factories outside sanitized compliant facilities.
https://www.ethicalsupplychain.org
ICTI CARE Process (ICP)
“ICP’s new “Request of Buyer’s Endorsement” Policy effective May 1, 2014. A recent study analyzing the ICP database revealed increased usage of small, ICP registered factories with very limited manpower, production scale and manufacturing processes for the types and numbers of products they claim are being made. Indicators point to the increased use of “demo factories” that subcontract nearly all the work from their sanitized facilities to factories outside the ICP system.”
June 2014 PRC Operation Fox Hunt - Wikipedia China Global Anti-Corruption Operations
Sept 2014 new job search for employment.
- 2015 Overseas factory offered employment to expand business in US as sales manager/distributor.
Onboarded Children's Sleepwear factory from Shandong (Northern China) for a Manhattan NY based Children's Sleepwear business.
OSHA WPP ADR “The focus of ADR is quick resolution of the whistleblower complaint,rather than investigating the merits of the allegations. “
Transnational repression by China - Wikipedia
Reached out to the following regarding supply chain security* compliance ICTI CARE, CSPC and DOL OSHA. (*unauthorized subcontracting risk).
Chinese intelligence activity abroad - Wikipedia
Dongguan (Southern China) Toy factory workers protest over unpaid wages.
ICTI CARE Leadership: C. Gilbin
CPSC Ombudsman Leadership: N. Cohen, W. Cusey
DOL OSHA Leadership: V. Ly, C. Fairchild, B. McDonald
PRC Market Economy Status (MES) dilemma.
- 2017 Professional development studying and taking the Department of Homeland Security (DHS) Customs Broker License Exam (CBLE) April 2017,
Professional development with Association of Certified Fraud Examiners (ACFE) to investigate trade, counterfeit and 3rd party service fraud.
The National Intelligence Security Law of People's Republic of China.
USCC.gov staff research report: Chinese Product Safety: A Persistent Challenge to US Regulators and Importers.
Cybersecurity Law of People's Republic of China
Operation National Sword policy initiative launched by the Government of China to reduce recyclable waste imports.
- 2018 United States Consumer Product Safety Protection (CPSC) regulatory agency offers US tax payer funded free training to China and Vietnam.
US Senate Finance Committee hearing: Challenges Facing Consumers and Businesses regarding e-commerce and counterfeit goods.
ICTI CARE Foundation Hong Kong Toy Coalition renamed to become Ethical Toy Program.
- 2019 First-Ever Criminal Prosecution for failure to report under Consumer Product Safety Act (circa 1972).
CPSC Letter to Congress. "Safety Agency Probes Data Breach Amid Complaints About Muzzling of Hazard Information."
U.S. Customs and Border Protection (CBP) updates CTPAT MSC (Minimal Security Criteria and Guidelines).
US Consumer Product Safety Commission (CPSC) offers another US tax payer funded free training session in China.
Exploring options to retrain in Cyber security for employment.
Foreign Investment Risk Review Moderization Act (FIRRMA) Committee on Foreign Investment in the United States - Wikipedia
Professional Development New York Chapter #14 ACFE Fall Fraud Conference credit for Regular and Ethics Professional Education.
SARS-Cov2 (COVID-19) could be the third major warning sign to global supply chain disruption crisis.
Timeline of the COVID-19 pandemic - Wikipedia
- 2020 Jan 6th received an email from Hong Kong about new SARs risk that required face masks.
New York City COVID 19 timeline. https://en.wikipedia.org/wiki/Timeline_of_the_COVID-19_pandemic_in_New_York_City
Requested legacy trusted cut and sewn source (to make face masks) to directly (no middleman) supply New York State government during deadly COVID crisis.
United States COVID 19 timeline. https://en.wikipedia.org/wiki/Timeline_of_the_COVID-19_pandemic_in_the_United_States_(2020)
Professional development: NYU Corporate Sustainability Spring 2020. Special interest in Brand Reputation protection.
Johns Hopkins University Coronavirus Resource Center Covid-19 Contact Tracing Course Certificate
- 2021 Anti-money laundering Act (AMLA) OSHA Whistleblower Protection
Professional development: 2021 Harvard Trade Union Program (HTUP) workshop.
https://projects.iq.harvard.edu/htupworkshops/Thomas-Doyle https://htup.law.harvard.e/du/htup-program/history/
Cornell University New York State Citizen Public Health Leader Training Program Certificate
US Consumer Product Safety Commission (CPSC) sues Amazon to Force Recall of Hazardous Products sold on Amazon.
US State Department Honors Anti-corruption Champions with award. https://www.state.gov/honoring-anticorruption-champions/
US Strategic Pillars and Line of Efforts (LOEs) on Countering Corruption.
https://www.whitehouse.gov/wp-content/uploads/2021/12/United-States-Strategy-on-Countering-Corruption.pdf
Data Security Law of People's Republic of China.
Personal Information Protection Law of People's Republic of China.
Uyghur Forced Labor Prevention Act
- 2022 State Department’s Learning Agenda, Harvard Kennedy School’s Belfer Center for Science and International Affairs | Harvard Kennedy School
3rd Havard Korean Security Summit: "Korea - A Catalyst of Global Trends" Belfercenter.org
ACFE Certificate of Continuing Professional Education on Emerging "Cybersecurity" Threat
ACFE Certificate of Continuing Professional Education on "Supply Chain" Fraud
Professional Development: Advanced Valuation Fall 2022 online program.
ACFE Certificate of Continuing Professional Education on "The Changing Landscape of Elder Fraud".
- 2023 US House Select Committee on Strategic Competition between the United State and the Chinese Communist Party. Professional Development: NYU Investment Philosophies Spring 2023 online program.
Professional Development: Cornell University webcast: Corporate Decision Making: How U.S. Laws Regulate and Influence Business.
Professional Development: Penn Program on Regulation webcast: Agile Regulation: Governance in a Changing World.
Professional Development: Occupational Safety and Health Administration Whistleblower Stakeholder Meeting: Outreach and Training
Big Box Store "First Ever" seller 3rd party Summit in Las Vegas.
18th G20 Summit held in India on Sept 9-10th 2023.
Waterfront Alliance course on WEDG a "national rating system to create resilient, ecological and accessible waterfronts."
- 2024 Professional Development: Sustainable Investing Spring 2024 Harvard Business School (HBS) online
Professional Development: Global Systemic Risk Princeton University Online
Professional Development: Leadership, Ethics and Corporate Accountability (LECA) Harvard Business School (HBS) online
Professional Development: Power and Influence for Positive Impact Harvard Business School (HBS) online
Professional Development: Business in Society Harvard Business School (HBS) online
* Prior to 1990's, "Asian Tiger" East Asia Model economies manufactured toys (Japan, Hong Kong, Taiwan, Korea, Singapore including Tiger cub economies: Malaysia, Thailand, Philippines).,
* "1990's Toy Premium Standards": Product Specs with BOM 's and Process Flowcharts with HACCP Plan, product safety testing ,factory audit corrective action plans to protect all stakeholders .
* 2007 Smartphone platforms enable e-commerce mobility and growth of new unregulated internet disruptor business models, social media, sharing economy. online ecommerce growth.
* Post 2009, CPSIA mandatory Third Party Testing by CPSC approved test lab. CPSIA mandates require less overall effort and safeguards as compared to "1990's Toy Premium Standards".
**"Boots-on-the-Ground" trained local PRC staff to execute daily work instructions, collect local intelligence and empowered to report activity that is deemed illegal/unethical (i.e. whistleblower).
3rd Party Services"You Pay..They Say" Performers.
"Honest labor protects democracy, dishonest compromised labor condones corruption that can fuel tyrannical governance."
"Honest leadership protects democracy, dishonest compromised leadership condones corruption that can fuel tyrannical governance." TD
Multi-Tier Global Supply Chain Contract Manufacturer Quality Assurance
Corporate Social Responsibility NPO (Non-Profit Organization) Cooperation.
Managing expectations between mandatory requirements, aspirational goals and exposure to fraud.
Third Party Compliance Services "You Pay/We Say" Post-Truth Economy Growth.
Thomas Doyle MSc.
________________________________________________________________________________________________________________________________________________________________________
Race-to-the-Bottom
"Energy and persistence conquer all things" -Benjamin Franklin
FOIL (tbd) for yearly reported Whistleblower incidents since Clinton Whitehouse 2000 PNTR to ascertain if the program works to enforce the public health and safety laws and regulations enforcement or do ADR's lack enough law and regulations enforcement to prevent future incidents.
List of lethal consumer product incidents:
- 1999-2000 Fast-Food Toy Premium Container.
- 2007 Pet Food Recall.
- 2007 Toxic Cough Syrup.
- 2007 Yard Play unit involved in (1) fatality.
- 2009 Peanut Food Product Recall.
- 2010 Toy recall due to an aspiration hazard.
- 2014 Vehicle air bag defects.
- 2019 Infant sleeper product launched post-CPSIA involved in over 30 fatalities.
List of major product recalls: (i.e. number of units)
- 2006 Laptop computer batteries overheating, resulting in property damage.
- 2006 Children jewelry lead poisoning hazard
- 2006 Toy recall due to magnet hazard causing serious injury
- 2007 Recalls on Exports from country granted entry to WTO in 2001.
- 2007 Consumer electronics batteries overheating, resulting in property damage.
- 2007 Toy choking hazard recall.
- 2007 Infant swing recall due to entrapment hazard.
- 2007 Toy recall due to poisoning hazard.
- 2007 Toy recall due to magnet hazard.
- 2007 Toy recall due to magnet hazard (approx. 1 million)
- 2007 Toy recall due to magnet hazard (approx. 600K).
- 2007 Toys action figures recalled due to magnet hazards.
- 2007 Toys recalled due to risks of lead poisoning from the paint.
- 2007 Toys recall due to violation of lead paint standard.
- 2007 Toy recall due to violation of lead paint standard.
- 2007 Toy recall due to violation of lead paint standard.
- 2007 Toy recall due to violation of lead paint standard.
- 2007 Toy recall due to choking hazards.
- 2008 Toy recall due to choking hazard.
- 2009 Play Yard unit recall due to fall and entrapment hazard.
- 2009 High Chair recall due to fail hazard.
- 2010 Toys recalled due to posing a choking hazard to young children.
- 2010 Drop-Side Crib Recall
- 2010 Infant Toy recall due to choking hazard.
- 2016 Self-Balancing Scooters/Hoverboards recalled by 10 Firms Due to Fire Hazard. The lithium-ion battery packs in the self-balancing scooters/hoverboards can overheat, posing a risk of the products smoking, catching fire and/or exploding.
- 2016 Smartphone recalled due to lithium-ion battery can overheat and catch fire, posing a serious burn hazard to consumers.
- 2018 Massive vehicle recall on defective cruise control.
List of regulated industry quality assurance and safety hazard incidents and fines:
- List of commercial Aviation and Rail transport accidents and incidents.
- 1979 Airline crash improper maintenance.
- 2000 Airline Flight crash
- 2014 Airliner Lithium-Ion batteries incident.
- 2016 $5.55 Million for Delay and Misrepresentation in Reporting Fire Hazard Involving Air Conditioners/Heaters
- 2016 $15.45 Million Civil Penalty, Improve Internal Compliance for Failure to Report Defective Dehumidifiers
- 2016 $3.8 Million Civil Penalty, Implement Internal Compliance Program for Distributing and Selling Recalled Products
- 2016 $4.25 Million Civil Penalty, Compliance Improvements for Failure to Report Defective Glass Fish Bowls and Misrepresentation
- 2017 $4.65 Million Civil Penalty, Maintain Internal Compliance for Failure to Report Defective Gas Ranges
- 2017 $5.2 Million Civil Penalty, Maintain Compliance Program for Failure to Report Defective ROVs and Misrepresentation
- 2017 $5.7 Million Civil Penalty, Maintain Compliance Program for Selling and Distributing Recalled Products
- 2018 Fourth Generation Commercial Aircraft First Crash.
- 2018 $1 Million Civil Penalty, Compliance Program for Failure to Report Defective Trash Cans
- 2018 $3.85 Million Civil Penalty, Compliance Program for Failure to Report Defective Trash Cans
- 2018 $27.25 Million Civil Penalty for Failure to Report Defective Recreational Off-Road Vehicles
- 2019 Fourth Generation Commercial Aircraft Second Crash.
- 2019 Carcinogens infiltrates US Generic Drug Supply Chain.
- 2019 US Auto Manufacturer Senior Manager Charged in Diesel Emissions Probe.
- 2021 $7.95 Million Civil Penalty for Failure to Report Serious Injuries Involving its Exercise Equipment
- 2021 Two Million Dehumidifiers With Well-Known Brand Names Recalled Due to Fire and Burn Hazards
- 2022 $6.5 Million Civil Penalty for Failure to Report Serious Injuries Involving its Exercise Equipment
- 2023
- 2024
- 2025
- 2026
DOL OSHA reported WPP incidents since 2000 and CPSIA in 2009 with whistleblower protections.
- 2000 Clinton Whitehouse Archive: Labor Aspects of PNTR: Protection for American Workers and Farmers May 12, 2000 (archives.gov)
- 2001 tbd
- 2002 tbd
- 2003 DOL OSHA Whistleblower Investigations Manual (WIM)
- 2004 tbd
- 2005 tbd
- 2006 DOL OSHA Complaint Policy and Procedures
- 2007 tbd
- 2008 CPSIA (toy consumer product safety standards, testing and raw material traceability).
- 2009 tbd
- 2010 tbd
- 2011 DOL OSHA Whistleblower Investigations Manual (WIM)
- 2012 DOL OSHA Whistleblower ADR Program
- 2013 tbd
- 2014 DOL OSHA Regional Investigator writes to DOL Secretary reporting a culture of corruption within Whistleblower Protection Program (WPP).
Contacted ITCI-CARE, CPSC and DOL OSHA for concerns with unauthorized subcontractor supply chain security risks to product safety.
DOL OSHA Alternative Dispute Resolution (ADR) Processes for Whistleblower Protection Program
DOL OSHA Whistleblower Investigations Manual (WIM)
- 2016 DOL OSHA Whistleblower Investigations Manual (WIM)
- 2017 tbd
- 2018 tbd
- 2019 DOL OSHA Whistleblower ADR
- 2020 DOL OSHA Electronic Case File (ECF) System Procedures for the Whistleblower Protection Program
DOL OSHA Field Operations Manual (FOM)
DOL OSHA Whistleblower Pilot Procedure
- 2021 tbd
- 2022 DOL OSHA Whistleblower Investigation Manual (WIM)
- 2023 DOL OSHA Whistleblower Complaint Intake Pilot.
- 2024
- 2025
- 2026
Risk Management and Regulatory Compliance
- "Skin in the Game" Stakeholders : Entrepreneurs, QA, Workshops, Factories, QC, Importers, Retailers, Licensors and Consumers.
- " Rent Seeking " Non-stakeholders: trading companies, third party test labs, non-profit organizations, package express delivery services and other related parties who make a living giving advise without penalty if they make a mistake.
- Quality Assurance (QA): methods of preventing mistakes and defects in manufactured products.
- Quality Control (QC): a process by which entities review the quality of all factors involved in production.
- Transferred Risk: helps business avoid financial vulnerability to damages and claims due to liabilities caused or contributed to by others.
- Regulatory Affairs (RA) a.k.a. Government Affairs: compliance with all of the regulations and laws pertaining to their business.
- Regulatory Assurance: assuring business operates in line with regulatory expectations and industry best practices, versus open-door policy with rent-seeking NPO’s promoting more regulations on small business and employees (jobs).
- Regulatory Control: establishing risk-based systems with level of control necessary to provide reasonable regulatory compliance, versus enforcement based on special interests.
False Claims Act "Lincoln Law" Qui Tam
Links to news, reports, resources, hearings and advocates:
UN Human Rights Publications: http://www.ohchr.org/EN/PublicationsResources/Pages/RecentPublications.aspx
- "The Corporate Responsibility to Respect Human Rights: An Interpretive Guide"
- "Human Trafficking & Global Supply Chain"
UNODC 2013 Report: Transnational Organized Crime in East Asia and the Pacific
OECD 2016 Integrity Forum Background Report: Fighting the Hidden Tariff: Global Trade Without Corruption
https://www.wto.org/english/thewto_e/acc_e/s7lu_e.pdf
https://ustr.gov/sites/default/files/2015-Report-to-Congress-China-WTO-Compliance.pdf
Chase-to-the-Top: QA/QC chasing-pressures with positive robust due diligence and oversight to protect brand, client, license and factory reputations.
As detection dogs discern individual scents even when combined or masked by other odors, positive robust due diligence discerns fraud even when masked by third party reports.
Race-to-the-Bottom: metaphorically describes intense unregulated global marketplace competition (i.e. "Fail Fast, Fail Cheap, Fail Often" mantra of digital age).
Online Retail Profitability Risk (cloud), Social Media Addiction Fads (cloud) and Global Sourcing Pricing Pressure (overseas) have the following in common:
- Low barrier to entry with SaaS's. (i.e. encourage reckless high risk "short cuts" to enter market without "skin in the game" .)
- Lack of regulatory enforcement.(i.e. 2011 FTC Charges Social Media Deceived Consumers By Failing To Keep Privacy Promises ).
- Opaque Operations. (i.e. transparency would stoke mistrust on privacy, safety, security and ethics)
- Business models that enable bad actors to game the system.
- Tailwinds: Corruption, Malfeasance, Nonfeasance, Rush to Market without QA/QC then Lawyering-Up.
- Headwinds: Transparency, Product Safety Regulatory Enforcement.
- Tailwinds: Corruption, Malfeasance, Nonfeasance, Rush to Market without QA/QC then Lawyering-Up.
- Self-regulated safety and security. (Bug Bounty rewards for social media. California prop 65 bounty rewards on violative consumer products.)
- Cloud computing risk management expenses are limitless (i.e. security defense arms race against data breaches and fraud).
- Increase spending on something digital firms don’t have the imagination to understand how bad their product defects can harm consumers.
- Overseas supply chains risk management expenses are quantifiable (i.e. travel, QA/QC staff, compliance training) to monitor supply chain breaches.
- Online Marketplaces enabled by SaaS's to sell Product Returns from Major Retails.
- Cloud computing risk management expenses are limitless (i.e. security defense arms race against data breaches and fraud).