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Jay Rosen

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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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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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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Vin DiCianni, Jay Rosen and Don Stern Will Represent AMI at The 33rd Annual National Institute on White Collar Crime – March 6-8, 2019

By | AMI News, Donald Stern, Events, Jay Rosen, Vin DiCianni

Affiliated Monitors, Inc. will be one of the sponsors of the 2019 White Collar Crime National Institute which will take place from Wednesday, March 6 to Friday, March 8, 2019, in New Orleans, Louisiana. Last year, attendance exceeded 1,000 at this annual gathering of the national white collar bar. The institute proudly continues to present outstanding panelists who deal with some of the most significant issues of our time.

This institute has been attended by leading federal and state judges and prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel, and members of the academic community. The faculty regularly includes some of the top members of the white collar bar in the United States and abroad. Among the audience are nationally renowned lawyers, as well as many who are beginning to concentrate in the white collar area.

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Jay Rosen Speaking at SCCE Compliance & Ethics Institute 2018

By | Events, Jay Rosen

Jay Rosen will represent AMI at the SCCE’s 2018 Compliance & Ethics Institute. He will be hosting an Advanced Discussion Group (AD11) called “Secrets from In-house Ethics & Compliance Buyers: How to Keep the Gate and Your Sanity.” The session will take place Tuesday, October 23, from 1:00 – 2:00 pm at the Caesar’s Palace in Las Vegas, Nevada. Here are some highlights from his presentation!

Learn how to manage your vendor relationships to
maximize their value proposition and minimize persistent
and time consuming sales pitches. Vendors believe they can make a buyer’s life easier, but
they must listen for “buying or non-buying” cues and
modulate their contact proportionately.  While the compliance community has seen that
tomorrow’s solutions for today E&C issues often come
from the vendor community, in-house clients (buyers)
respond to authentic vendor relationships as they can
easily spot salesy bluster.
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Jay Rosen will attend Compliance Week 2018 in Washington, D.C. — May 21–23

By | Events, Jay Rosen

In its 13th year, Compliance Week 2018 is the premier peer-to-peer event that spotlights compliance leaders and their programs. The comprehensive agenda goes beyond where compliance is now and focuses on emerging trends. Executive compliance, risk, audit, legal, and ethics professionals join to network, collaborate, exchange ideas, and share best practices to mitigate risk and build value within their company.

Read more about the conference here: https://bit.ly/2IeZskE

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