Senior Director, Ethics & Compliance, Cummins Inc
Fernanda Beraldi works for Cummins Inc. in Indianapolis as Senior Director, Ethics and Compliance. Cummins is a Fortune 150 multinational with operations in more than 190 countries and that has been selected 13 years in a row as one of the Ethisphere’s “Most Ethical Companies”. Fernanda has 17 years of legal experience, and started at Cummins in July 2015 as Director, Ethics and Compliance – Latin America, after having worked for more than 6 years for the third-largest aircraft manufacturer, Embraer SA. She is a dual-licensed (Brazil and Indiana) lawyer from Mackenzie University in Sao Paulo, Brazil. During the Master of Laws program at Robert H. McKinney School of Law in Indianapolis, she served as a Spring Extern for Justice Steven David at the Indiana Supreme Court and for Eli Lilly and Company, being the first foreign student to be selected for such externships. Fernanda completed her Master of Laws program in Corporate and Commercial Law in 2015, graduating cum laude. She was also one of the commencement speakers.
Fernanda’s past work experience exposed her to a broad array of foreign countries (she has been to 54 countries for business), cultural aspects and several subjects related to compliance, such as export control and anti-bribery regulations and enforcement, interaction with government officials and state-owned entities, conflicts of interest, creation and implementation of policies, and creation of the content and provision of global and/or customized training to employees and third parties on these important matters. Specific subject matters also include corporate compliance program structure, risk assessment, strategy, and internal investigations.
Currently, she has direct accountability for the oversight of the third-party compliance program, antimoney laundering and anti-slavery programs and implementation of compliance program globally, leading a team of five. She has worked on deal teams conducting due diligence reviews, developing global compliance strategy, negotiating compliance terms and policies, and compliance integration for newly-closed deals.
A frequent author, Fernanda writes about business ethics matters – most recently co-writing a chapter about “Corporate Social Responsibility in the Supply Chain” for the American Bar Association (ABA). She has also been a contributing author to Ethisphere, Navex, and co-wrote several awarded articles related to corporate compliance for the American Society of International Law (ASIL).
In addition, Fernanda regularly presents and writes on corporate compliance matters including:
- co-presenting one of the 25 winning papers called “Offsets in Public Sector Procurement: Tools for Economic Development or Avenues for Corruption?” at the 2017 Integrity Forum, held by the Organization for Economic Cooperation and Development (OECD) in March 2017 in Paris;
- co-leading a panel for the 2021 Risk and Fraud Seminar by Baker Tilly, about “Internal Investigations in the COVID-19 Era” (online), in February 2021;
- co-leading a panel at the 2020 Annual Meeting of the ACC about “Audit, Legal and Compliance: Playing Better Together” (online), in October 2020;
- co-leading a panel about “Third Party Risk and Ethical Culture” for the Governance, Risk and Compliance Summit Leadership Series (online), in August 2020;
- moderating a panel for the 2019 Blomberg Law In-house East Conference, on “Internal Investigations: Team Skills”, in October 2018 in New York;
- co-leading a panel about “Third Party Due Diligence” at the Society of Corporate Compliance & Ethics (SCCE) 18th Annual Compliance and Ethics Institute, in September 2018 in Washington DC;
- co-leading a panel about “Vendor Cybersecurity Risk” at the Society of Corporate Compliance & Ethics (SCCE) 18th Annual Compliance and Ethics Institute, in September 2018 in Washington DC;
- co-authored the law review article “The Business Case for Lawyers to Advocate for Corporate Supply Chains Free of Labor Trafficking and Child Labor”, for the 2019 American University Law Review, published in June 2019;
- co-led a panel at the 2019 Quarles & Brady “Compliance Day” about Global Anti-Corruption Investigations, in May 2019 in Chicago;
- co-led a panel about “What Boards Need to Know from Compliance Officers and Risk Officers” at the Loyola University Chicago School of Law Compliance, Ethics & Enterprise Risk Management: A Dialogue Symposium, in February 2019 in Chicago;
- co-authoring and publishing an article for the ACC Docket about “Preparing for Government Investigations” in January 2019;
- co-leading a panel about “Vendor Risk Management” at the Society of Corporate Compliance & Ethics (SCCE) 17th Annual Compliance and Ethics Institute, in October 2018 in Las Vegas;
- co-leading a panel for the 2018 Blomberg Law In-house East Conference, on “Creating an Internal Culture of Risk Management”, in October 2018 in New York;
- co-leading a panel for the 2018 Thomson Reuters Risk & Compliance Conference, on “Anti-Corruption, FCPA Compliance and Managing Third Party Risks in the Global Supply Chain”, in September 2018 in Chicago;
- co-leading a panel at the ACC Corporate Counsel University, on “Risk & Compliance”, in June 2018 in Philadelphia;
- co-leading 2 different panels at the 2017 Annual Meeting of the Association for Corporate Counsel (ACC), on “Supply Chain Transparency” and “Crisis in Latin America”;
- co-leading a panel about “Conflicts of Interests and Corruption” at the ABA Business Law Section Annual Meeting in September 2017, in Chicago;
- co-leading a panel at the 2017 Ethisphere Latin America Conference about “Third Party Compliance”, in June 2017 in Miami;
- co-leading a panel at the 2017 Mid-Year Meeting of the Association for Corporate Counsel (ACC) about “Aligning Contracts and Regulatory Compliance”, in March 2017 in New York;
- co-presenting a paper about Modern Slavery in Global Supply Chains called “No Good Deed Goes Unpunished: Possible Unintended Consequences of Enforcing Supply Chain Transparency” at the American Society of International Law 2nd Anti-Corruption Workshop in January 2017 that was held at the School of Business Administration of the University of Miami and also published by the Anti-Corruption Report;
- co-leading a panel in November 2016 about Ethics and Economic Development at the Corporate Counsel Roundtable held at Quarles & Brady law firm in Indianapolis;
- co-leading a panel about “Compliance in South America: Challenges and Effective Strategies” at the Society of Corporate Compliance & Ethics (SCCE) 15th Annual Compliance and Ethics Institute, in September 2016 in Chicago;
- co-leading a panel about “Minimizing Third-Party Risks with Compliance and Business Ethics Contract Clauses” at the ABA Business Law Section Annual Meeting, in September 2016 in Boston;
- co-leading a panel about “Due Diligence Concerns during Merger and Acquisitions” in the Ethisphere’s 4th Annual Latin America Ethics Summit, in June 2016 in Sao Paulo;
- co-presenting a paper on the “Evolution of Anti-Corruption Statutes in Latin America” at the American Society of International Law inaugural Anti-Corruption Workshop in October 2015 held at the Wharton School of Business at the University of Pennsylvania;
- co-leading a panel at the November 2015 Compliance Officers’ Roundtable for Ice Miller (an Indiana-based law firm), when she discussed the connections and implications between company’s policies, compliance programs and U.S. labor law.
In December 2016, Fernanda was selected as one of the 2016 Ethisphere’s “Attorneys Who Matter”. In accordance with Ethisphere, “‘Attorneys Who Matter’ ” (…) raise the bar for ethical behavior in their industries and boast a commendable track record of public service, legal community engagement and academic involvement”. Among 105 professionals, Fernanda was the only Brazilian in the list.
In 2017, Fernanda has been selected for the inaugural LL.M. Early Career Achievement Award, granted by the Indiana University Robert H. McKinney School of Law as a celebration for its 15 years of the Master of Laws Program. Fernanda was also shortlisted as a finalist for the “Compliance Counsel of the Year” award, organized by the Latin American Corporate Counsel Association (LACCA).
In 2018, Fernanda co-founded “Business Ethics Indiana”, a group of Ethics & Compliance Senior Leaders in Indiana with a mission to “promote ethical business practices and provide professional development that strengthens Indiana as a business ethics center of excellence”. The group currently counts with more than 50 senior compliance professionals of Indiana, and among other things, is currently working closely with higher education institutions to develop a business ethics curriculum to Indiana higher education students and therefore forging an education pipeline for the ethics & compliance profession. Due to this initiative, one of the higher education institutions received a U$ 9 Million Dollars gift to create a Center of Business Ethics in 2019. In 2018, Fernanda has also been shortlisted as “Compliance Officer of The Year” for the Women in Compliance Awards.
In 2019, Fernanda was selected, among more than 150 nominees, as one of the Top 10 “30-somethings” by the Association of Corporate Counsel (ACC), the first Brazilian ever selected. She has also received a First Chair Award as one of the “Top Compliance Counsels”.
In 2020, Fernanda was selected as part of the Indianapolis Business Journal’s “Forty Under 40” class, and a finalist of Indianapolis Best and Brightest, hosted by Junior Achievement of Central Indiana.
IU McKinney Alumni Association Board: member
Business Ethics Indiana: co-founder, elected Executive Vice-President
Marian University Board of Trustees: member and Vice-Chair of the Audit and Risk Committee
American Bar Association: member; Co-Chair of Compliance Program Organization & Implementation and also Compliance Training and Communication Subcommittees of Corporate Compliance Committee of the Business Law Section
Brazilian Bar Association: member
Indiana Connected by 25 Inc. (charitable organization): Former Board member; former member of Governance and Development Committees
Indiana State Bar: member
Indiana District Export Council: board member federally appointed by the U.S. Secretary of Commerce
Languages: Fluent in Portuguese, English, French and Spanish. Basic conversational Germany