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OPINION: Detecting structural compliance failure

1880s 1890s SILHOUETTE OF CONSULTING DETECTIVE SHERLOCK HOLMES SMOKING A PIPE HOLDING MAGNIFYING GLASS AND LOOKING FOR CLUES
Photo: H. Armstrong Roberts/ClassicStock/Getty Images

Distinguishing operational error, workaround compliance, structural failure, and institutionalized non-compliance.

Compliance systems are typically built on a simple assumption: When violations occur, they arise from correctable operational error. Once a problem becomes visible – through complaint, escalation, regulatory inquiry, or adjudication – investigation and remediation are expected to realign conduct with legal obligation.

In many circumstances, this model functions effectively. Training improves

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