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

By | AMI News, Jay Rosen, Media

Every compliance professional should be familiar with the concept of present responsibility. Jay Rosen discusses the term and its place in suspensions and debarments.

Present responsibility has become sort of a buzzword. It’s the underlying basis for action involving excluding a party from the federal marketplace through suspension or department.

Unfortunately, the phrase itself is not defined anywhere in the regulatory structure. This means its determination comes down to the discretion of the federal officials who have been empowered to exercise the suspension and debarment authority.

Yet even with this lack of a statutory or regulator definition, there are some common factors and guidelines out there that can help the compliance community understand some of the elements of suspension and debarment as they relate to this issue.

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Gerry Coyne on Tom Fox's FCPA Podcast

5-Part FCPA Podcast Series feat. Jerry Coyne: The Use of Monitors by State Attorneys General

By | AMI News, Jerry Coyne, Media

Day 1: in the first episode of a 5-part podcast series, AMI Managing Director Jerry Coyne, introduces the role of State Attorneys General in protecting state consumers through multi-state litigation. Listen below, or on the FCPA Compliance Report

Day 2: In Part 2 of a 5-part series, Jerry Coyne, Managing Director at Affiliated Monitors discusses the reaction to the Master Settlement Agreement with Big Tobacco and criticism of State AG’s as a result. What were the lessons learned by State AG’s in this process, and what are the risks and rewards of State AG’s using private attorneys to pursue multi-state litigation?

Listen below, or on the FCPA Compliance Report



Day 3: In this Part 3 of a 5-part series, Jerry Coyne, Managing Director at Affiliated Monitors discusses some of the issues faced by State Attorneys General in the post big-tobacco settlement era.

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

By | AMI News, Jay Rosen, Media

Jay Rosen, “Mr. Monitor,” continues a series on suspension and debarment, discussing where these actions meet with FCPA enforcement.

Debarment may be based on actions so serious or compelling that it affects the present responsibility of the contractor or subcontractor. There is some fairly broad language as to what the basis for a suspension and debarment can be. This means that in the context of anti-corruption laws, it can be the basis of a suspension or debarment.

Under the FCPA, the conduct to incur a violation does not require actual bribery or corruption read the full post here
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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

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

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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