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Vin DiCianni and Eric Feldman to join Tom Fox for a Compliance Roundtable on July 22 in Houston

By | AMI News, Eric Feldman, Events, Vin DiCianni

Houston we don’t have a problem… we do have a roundtable! 

Affiliated Monitors, Inc. Vincent DiCianni + Eric Feldman CFE, CIG, CCEP-I will join Houston’s resident Compliance Evangelist Thomas Fox for a Compliance Roundtable on Updated DOJ Evaluations of Corporate Compliance Programs.

July 22nd from 4:30 – 6:00 PM at Goode Company Seafood.
Questions and RSVP to jrosen@affiliatedmonitors.com

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Jay Rosen, Mr. Monitor

Jay Rosen’s Weekly Series on CCI: Suspension vs. Debarment – Part II

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” explores the similarities between suspensions and debarments, as well as how the actions differ. As far as likenesses go, consider both actions the kiss of death for federal contractors.

Recalling that the GSA website states, “The Suspension and Debarment process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with non-responsible contractors. Suspensions, proposals for debarment and debarments are the most widely known tools as these actions are visible to the public.

A suspension is used when there is an immediate need. It is a temporary measure; there is a 12-month limit, which can be extended for another six months. A debarment is for a specific term, but generally not longer than three years.

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Jay Rosen’s Weekly Series on Corporate Compliance Insights: Suspension vs. Debarment

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” of Affiliated Monitors, continues his running series on monitorships with a sub-series on the tools the government uses to guard against fraud, waste and abuse.

The General Services Administration website states, “the suspension and debarment process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with non-responsible contractors. Suspensions, proposals for debarment and debarments are the most widely known tools, as these actions are visible to the public.”

Government Extending its Reach

Suspension and debarment are not civil or criminal matters resulting in a penalty being imposed on a party; instead, they are an administrative matter.

read the full post here
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Jay Rosen on How lawyers can engage monitors

Jay Rosen’s Weekly Series on Corporate Compliance Insights: How Can Lawyers Work with Monitors?

By | AMI News, Jay Rosen, Media | No Comments

Jay Rosen concludes his exploration on issues in working with monitors by considering how lawyers can engage monitors – most typically when their clients are under investigation for some regulatory issue, such as an FCPA enforcement action.

Don’t Wait Too Long

The biggest mistake outside counsel can make is waiting too long before bringing on an independent monitor.

AMI’s experience is that if you wait until after the conclusion of a matter, you have lost valuable time and potentially cost yourself money in the form of higher fines and penalties. The government expects compliance shortcomings to be remediated during the pendency of an investigation.

A monitorship can even begin before self-reporting to the government. This is because a company should want to find the problem before it voluntarily reports the problem to the government; the company could receive credit for having done so.

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Mr. Monitor discusses how regulators can leverage monitors

Jay Rosen’s Weekly Series on Corporate Compliance Insights: How Can Regulators Leverage Monitors?

By | AMI News, Jay Rosen, Media | No Comments

Jay Rosen discusses the various ways regulators at all levels – federal, state and local – use monitors, as well as how monitors can be used outside the regulatory context in areas as diverse as M&As, business ventures, IP and licensing.

Most compliance practitioners are aware of the role monitors play in the Foreign Corrupt Practices Act (FCPA) enforcement arena. However, the use of independent monitors is much broader than simply in criminal or civil enforcement actions involving a deferred prosecution agreement, non-prosecution agreement, corporate integrity agreement or other form of resolution.

Federal agencies use monitors for a wide variety
of roles to ensure compliance with agreements.

read the full post here
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Eric Feldman will present at the 30th Annual ACFE Global Fraud Conference in Austin — June 23–28

By | AMI News, Eric Feldman, Events

The ACFE is the world’s largest anti-fraud organization and premier provider of anti-fraud training and education. Together with more than 85,000 members, the ACFE is reducing business fraud worldwide and inspiring public confidence in the integrity and objectivity within the profession.

This 30th annual conference will include 100+ educational sessions, empowering attendees to learn new ways fraud is being committed and tactics to prevent, detect and deter it — offering up to 40 CPE credits along the way.

Eric Feldman will be presenting twice throughout the week:

Practical Issues in Ethics and Compliance: How to Evaluate Your Own Compliance Program Using the U.S. DOJ Guidance (Pre-conference)
Sunday, June 23 | 1:00-5:00 PM

Lessons Learned in Uncovering Performance Incentives That Can Lead to Corporate Fraud
Tuesday, June 25 | 1:50–3:05 PM

 

Follow the link below for a detailed agenda as well as registration and hotel information.

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Jesse Caplan and Beth Compton are Attending the AHLA Annual Meeting in Boston — June 24–26

By | AMI News, Beth Compton, Events, Jesse Caplan

Every year, nearly 1,500 health law professionals join AHLA at its Annual Meeting to get the most current information and analysis on a myriad of legal issues facing the health care industry in thoughtful, practical solution-oriented sessions, luncheons, and networking events. AMI’s Jesse Caplan and Beth Compton will be in attendance.

 

For the full agenda and registration information, click below.

register here
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5-Part FCPA Podcast Series feat. Eric Feldman: DOJ 2019 Guidance

By | AMI News, Eric Feldman, Media

In a podcast series sponsored by Affiliated Monitors, Inc. (AMI), Tom Fox visits with Eric Feldman, Senior Vice President of AMI. They look at the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, (the “2019 Guidance”), which was released in April 2019. Over the next five podcasts we will explore what the 2019 Guidance changes are from the Evaluation of Corporate Compliance Program (2017 Guidance), released in February 2017, the structure and emphasis of the 2019 Guidance and what it means for the compliance practitioner going forward.

Listen to the full series below, or wherever you listen to podcasts.

Day 1:

In this first episode, they begin with some of Feldman’s observations on the 2019 Guidance. The 2019 Guidance asks three fundamental questions prosecutor should ask; all other questions are divided into these categories: (1) “Is the corporation’s compliance program well designed”; (2) “Is the program being applied earnestly and in good faith?” In other words, is the program being implemented effectively?

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Jerry Coyne is Attending the CWAG 2019 Annual Meeting in Santa Barbara — June 17–20

By | AMI News, Events, Jerry Coyne

The Conference of Western Attorneys General (CWAG) is a bipartisan group, originally of Western states, now including a majority of U.S. states and several other countries. Initially organized around legal areas of interests such as water, Indians, public lands, minerals and energy, CWAG has expanded to providing bipartisan discussions focusing on the legal developments in emerging issues facing Attorneys General as well as Rule of Law programing in the country of Mexico and seven African nations.

CWAG plans and sponsors an annual conference along with several topic specific meetings such Indian Gaming Seminars, Takings Seminars and Energy Issues Seminars. These conferences are attended by Attorneys General and their staff from within the CWAG region, across the country and have had international exposure with participation by both Canadian and Mexican Attorneys General.

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