Our Services

 
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Independent Monitoring

We serve as an independent compliance monitor or consultant to clients as part of their efforts to resolve a government settlement agreement.

 

Challenges

Government enforcement agencies are increasingly using pre-trial settlement agreements — in the form of non-prosecution or deferred prosecution agreements — to resolve instances of corporate wrongdoing. One of the goals of these agreements is to ensure that a company that has engaged in misconduct makes agreed-upon reforms to prevent future offenses. Whether those reforms are being effectively implemented can be the subject of reporting requirements between a company and the government, or subject to the opinion of an independent monitor that the government requires a company to appoint.

When required, an independent monitor can be a fair and neutral resource in helping to ensure a settlement agreement is being upheld. However, a monitor without the right experience and perspective can expose a company to activities that are arbitrary, wasteful and ineffective. This is why DOJ policy on selecting a monitor calls for the consideration of a proposed monitor’s:

  • Overall credentials and experience, including past experience as a monitor.

  • Experience and expertise with the particular area(s) at issue in the case under consideration.

  • Degree of objectivity and independence from the company.

  • Resources to carry out the monitor’s responsibilities.

  • Other factors based on the circumstances.

Benefits

We help clients who are seeking the following types of benefits:

  • Successful prior history of serving as a monitor with multiple agencies.

  • Credibility with the government on corporate compliance.

  • An approach that is reasonable, measured and cost-conscious.

  • A philosophy that is constructive, fair and balanced — and informed by actual in-house experience.

  • A strong network of relationships with other specialists and subject matter experts that can be leveraged, if needed.

  • Outcomes that are effective and defensible.