Signature March/April 2015 - 3

Charting the Course
The American Academy of Actuaries
at

BONOTOM STUDIO , INC .
P U B L I C AT I O N D E S I G N

very single year, Mother Nature unleashes natural forces that cause death and destruction. Inland
and coastal windstorms, wildfires, floods, winter
weather, earthquakes, and hailstorms rip at the social and
economic fabrics of communities across our nation by

CONTRACTOR
ONTRAC
ONTRAC

ELECTRICAL

By Julie Roch m an

P O W E R & I N T E G R AT E D B U I L D I N G S Y S T E M S

inflicting billions of dollars in property damage. Yet even
though a constant stream of haunting post-catastrophe
images and raw stories from disaster victims rolls across
the media landscape for all to experience and share, the
terrible lessons to be learned from natural disasters are
too often ignored and too quickly forgotten.

TOOLS &
EQUIPMENT

It is time to say, "Enough!" and help communities stand up to
Mother Nature. To be fair, it's actually long past time. For far too long
in this country we have built in the same ways, in the same places,
over and over and over again after disaster strikes. We must-and we
can-break this awful cycle that essentially leaves us at nature's mercy.
While we can't prevent Mother Nature from doing her worst, we
can "build forward" to create stronger, safer, more resilient communities that will better withstand tomorrow's disasters. Homes,
businesses, and other structures that make up communities can be
designed, built, maintained, and retrofitted in ways that will enable
them to better withstand wind, water, fire, hail, ice and snow, etc. This
is the key to becoming truly resilient.
Of course, it is true that at some point, nature will overwhelm even
exceptional engineering. But that doesn't mean we should just throw
up our hands and refrain from making the structures in which we live
and work stronger, safer, and more resilient.
As a nation, we have decided that energy efficiency is a personal financial good, a societal good, and an environmental good. That
consensus has led to the creation of public policies that promote and
incentivize energy efficiency among individuals and businesses, as
well as to increased market demand and a resulting supply of myriad
products and services to help increase energy efficiency.
At the Insurance Institute for Business & Home Safety (IBHS), we
understand that-with or without a changing climate-resilience to
natural hazards has the potential to be every bit as much a personal
financial good, societal good, and environmental good. This will take
some work, which is precisely why IBHS does what we do: conduct
objective, scientific research to find and promote the most effective
ways to strengthen homes, businesses, and communities against natural disasters and other causes of loss.

Better materials
and better building
codes can help
businesses prepare
for extreme events.

Resilient Communities:

Standing Up to Mother Nature
36

CONTINGENCIES

NOV | DEC.15

WWW.CONTINGENCIES.ORG

CONTINGENCIES

11.15

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THE OFFICIAL PUBLICATION OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES

Aviator

No one has flown an

NOVEMBER 2015
WWW.NGAUS.ORG

Apache more than
Chief Ken Jones, but
he says he's just one
of many experienced
pilots in the Guard
BY RON JENSEN

WEST JORDAN, Utah

HE DESK IN THE OFFICE of Chief Warrant Officer 5 Ken
Jones here is covered with three-ring binders. Others are
stashed under the desk or rest on shelves. More are stored
in cabinets.
They are the footprints of a military career about to end after more
than 35 years and one that reached a milestone unattained by anyone
else. The notebooks are filled mainly with the training and safety programs Jones developed for Apache units
in the Utah Army National Guard,
which he joined in 1992 after 12
years in the active component where
he learned to fly the AH-64.

Iron
Aviator

No one has flown an Apache
more than Chief Ken Jones 26

His impact has been great. He
brought tactical operations to the
Utah Guard. He has taught mountain flying to aviators
throughout the Guard and the active component. He has mentored generations of Guard helicopters pilots. Along the way, his name has become
synonymous the Apache.
"He's Ken Jones," one young pilot says, struggling for words when
asked to describe his older colleague.
The notebooks are the chronicle of Jones' time in the Army.

10,000-HOUR CLUB Jones stands

in front of an AH-64D Apache belonging
to 1st Attack Reconnaissance Battalion,
211th Aviation, at the Army Aviation
Support Facility in West Jordan, Utah.

LYMAN WINN/L1QUID STUDIOS

Passion for the Pigskin 26 | New Friend & Foe in Domestic OPS 30

5 0 4 P L A N S A N D B U L LY I N G

BY BETH CALLAHAN, EdS

IN RECENT YEARS, bullying has drawn national attention from government and

advocacy organizations. Bullying has also been discovered to impact children
with disabilities at a higher rate than other groups of children. What are your
child's rights in school if he or she is supported by a 504 Plan or IEP? Do
schools really understand their responsibilities and are they disseminating this
information to the parents of students with disabilities?
An October 2014 "Dear Colleague" letter from the US Department of
Education's Office for Civil Rights (OCR) very clearly states the rights of the
students and the responsibilities of the school systems in regards to
bullying and Free and Appropriate Public Education.
Bullying based on a child's disability or disability
characteristics is viewed as discrimination.

WWW.NGAUS.ORG

NOVEMBER 2015 NATIONAL GUARD 21

chadd.org

What Are
Your Child's
Rights?

Has your child been bullied at school
because of his or her ADHD?

Section 504 is a federal civil rights
statute that says schools cannot
discriminate against children with
disabilities and must provide Free
and Appropriate Public Education.
It says that schools that receive
federal dollars must provide
eligible children with disabilities
with an equal opportunity to
participate in all academic
and non-academic
services the school
offers.

20 NATIONAL GUARD NOVEMBER 2015 WWW.NGAUS.ORG

MAKING A DIFFERENCE FOR PEOPLE AFFECTED BY ADHD

OCTOBER 2015

What do you need to know?
If your child has a 504 Plan in place in the school system and is
being bullied, then it is the school's responsibility to convene a
504 team meeting to ensure that your child's ability to receive a
free and appropriate public education (FAPE) is still being met. In
this meeting, the 504 team must decide if the bullying is adversely
impacting your child's educational placement. Three questions must
be answered to make this determination:

It's Exhausting
Pretending
to Be
Normal

1. Is the student being bullied based on their disability?
2. Is the bullying serious enough to create a hostile environment?

3. If the environment is hostile, is this impeding the child's access to
educational services?
If all three of these questions are answered as "yes," then the school is no
longer meeting the requirements to provide FAPE for this child and the school
must rectify this immediately to stay in compliance with Section 504 and Title II.

What if the school is not meeting the requirements to provide your child's FAPE?

ADHD & the
Extended Family

ISTOCK

If it is determined that the bullying is significant enough to impact the child's access to
FAPE, what are the school's responsibilities? According to OCR, bullying a student based on
disability or disability characteristics is considered disability harassment and a violation under
Section 504 and Title II. The school must take steps to immediately investigate and respond
appropriately so that the child can continue to learn in a safe environment. The 504 team will
need to determine if there are additional services needed and also take steps to ensure that
the bullying is stopped while maintaining an educational setting with your child's peers to the
maximum extent possible.

Three Successes a Day

504 Plans & Bullying

October 2015 31

DIVERSITY

THE
BAR

NOV/DEC.2015

30 Attention

MCCA Empowering People. Inspiring Leadership.

Advancement of Female Attorneys in Law Firms

MCCA's
16th Annual
GC Survey

Where Are We Today?

By Stephanie Resnick

In 1998, the Philadelphia Bar Association adopted the "Statement of Goals of Philadelphia Law Firms and Legal
Departments for the Retention and Promotion of Women" (Statement of Goals). At the time, I was an equity
partner at Fox Rothschild LLP for six years and the chair of the Firm's Partnership Advancement Committee.
My firm was one of the first to sign on to the Statement of Goals, which were established to address the
discrepancies between the number of men and women who were able to accede to the partnership ranks and
leadership positions within the firms. Fifty-two other firms were also signatories to the Statement of Goals. The
Philadelphia Bar Association was one of the first bar associations in the country to promulgate a best practices
guide for the retention and promotion of women. Ultimately, other bar associations across the country
followed.

CREATING A SMALL
SUCCESSFUL LEGAL
TEAM

SUCCESSION
PLANNING

15 RAINMAKERS
WHO ALWAYS SHINE

The Convergence of

What was once relatively simple is now becoming
remarkably complex as banks continue to modernize
with online services and alternative payment systems,
including everything from prepaid cards, to mobile
banking apps, to virtual currencies. This ongoing
process of innovation is dramatically improving
customer access and experience, but, at the same
time, it is also opening new pathways for cyber
criminals to infiltrate, steal, and cover their tracks
on the money trail.
Earlier this year, a gang of hackers was found
to have infiltrated more than 100 banks in over 30
countries. By using a "spear phishing" campaign, the
hackers lured bank employees to unwittingly open
deceptive emails, providing the hackers with access
and the ability to insert malware that manipulated
the banks' software, accounting, and ATM systems.
Over a two-year period, as much as $1 billion was
siphoned directly from the banks, and the proceeds
were layered into the hackers' own accounts, in some
cases using the SWIFT network.1
This is one of many examples taking place at the
intersection of bank compliance and cyber security.
It is a tangled web, as cyber criminals are using both
traditional and alternative payment methods to aid
illegal activities and mask identities while completing
scams at light-speed. With this new breed of criminal,
AML teams are facing their greatest challenges to date.
Regulators are keeping steady and aggressive
watch over how well compliance teams are prepared
to handle these new risks. Banks faced record fines
and regulatory scrutiny of compliance programs in
2014, as U.S. and European banks paid nearly $65
billion in fines and penalties.2 In addition, twenty of
the world's biggest banks have paid more than $235
billion in fines and compensation in the last seven
years for breaching a variety of financial regulations.3
Enforcement and investigations are increasingly
challenging for regulators who are grappling with how

32 | ABA BANK COMPLIANCE | NOVEMBER-DECEMBER 2015

to regulate a changing market with growing risks spread
across cyberspace and the financial services industry.
In June 2015, the New York State Department of
Financial Services (NYDFS) issued its long awaited
BitLicense-new regulations for all entities engaging in virtual currency business activity.4 Notably, the
BitLicense rules require such institutions not only to
have designated compliance personnel and the same
kind of AML procedures that apply to institutions
handling fiat currency, but also detailed cybersecurity
procedures. That is a reflection of how intertwined
cyber crimes and the financial system have become.
NYDFS is pioneering this regulation, but other regulations will follow.
Regulators are poised to take the same rigorous
approach to investigating bank cybersecurity procedures as they have done with AML. At a recent
conference, Former New York State NYDFS superintendent Benjamin Lawsky described cyber crime as
a "huge threat to our financial system" and said "You
are going to see a lot of action around cybersecurity
and the regulation in that area."5
With these new regulations and risks, how can
AML teams effectively leverage information about
cyber criminals and identify suspicious transactions
that are anonymous, fast, and hidden within a vast
expanse of other data?
Unfortunately, there is no quick fix to managing
these challenges. It requires a new mindset to understand the risks and then restructure and test programs
to meet those risks. As a start, all banks, regardless of
size, need to answer the following questions:
■ How do your cyber and AML teams share
information?
■ Do you have a robust transaction monitoring system that is independently validated at least once
per year?
■ Are you prepared to review volumes of historical
transaction data if regulators require you to do so?

Anti-Money Laundering

Cyber Security

N OV + D E C. 1 5

that had signed on to this policy were embracing it. Everything
would be equal now. All was good with the world of women in
law firms. However, what has occurred since that time is not
nearly enough, and more attention to these issues is critical.

The Numbers Don't Lie

It seems like a fundamental and uncontroversial premise to
allow and encourage qualified women to accede to partner or
leadership positions. However, that is not necessarily the case.
Although some firms, like mine, have been on the forefront of
this issue, elevating female attorneys who were working on a
part-time basis to equity partner, other firms were tremendously
disappointing. Upon reflection, there should have been more
emphasis, sensitivity, oversight and flexibility on creating equal
access and opportunities for women in law firms.
In July 2013, the National Association of Women Lawyers
issued a report called "Actions for Advancing Women in Law
Firm Leadership and in the General Counsel's Office" (Report).

EXPERIENCED WOMEN
LAWYERS HEAD BACK
TO WORK
48 D I V E R S I T Y & T H E B A R

ONE ARE THE DAYS when tracking a suspicious set of transactions
was straightforward for the experienced anti-money laundering professional. Money was moved from one account and wired into another with
clear origin and destination numbers, after which it might be moved
again to other accounts or withdrawn.

Essentially, each signatory law firm pledged to remove
barriers to full and equal participation and treatment of female
attorneys. That included accepting and promoting gender
diversity as a core value. It also included creating equal access and opportunities for women; creating an inclusive work
environment; encouraging women's professional development
and training; creating a mentoring culture; supporting a flexible
work schedule; making gender diversity an economic principle;
and enacting a fair compensation system alleviating inherent
gender biases. The policies were expressly set forth to address
both retention and promotion of female attorneys. There was
also a self-analysis component of the Statement of Goals, which
confirmed that the signatory law firms would conduct self-evaluations to ensure compliance with the goals.
The reaction to the Statement of Goals was that they would
enhance the ability of women to rise among the ranks in law
firms, in-house counsel, etc. When all was said and done, I
thought we-the female lawyers-were positioned well. Firms

NOV.DEC.2015

MCCA.COM

NOV.DEC.2015

D I V E R S I T Y & T H E B A R 49

N A F S A : A S S O C I AT I O N O F I N T E R N AT I O N A L E D U C AT O R S

and

BY T HO M AS B O C K

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Celebrating

Years of
Publishing

With this new breed of criminal,
AML teams are facing their greatest
challenges to date.

INFO @ BONOTOM . COM

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Table of Contents for the Digital Edition of Signature March/April 2015