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FCPA Compliance & Ethics Podcast featuring Jay Rosen — Everything You Wanted to Know About Monitors But Were Afraid To Ask: Ep. 5

By | AMI News, Jay Rosen, Media

In this five-part podcast series, Jay Rosen and Tom Fox consider some of the basic questions around monitors and monitorships. In Part 5, they discuss cost considerations when working with a monitor, and provides strategies to understand, plan and manage them.

Listen below, or on the FCPA Compliance Report website.

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Jay Rosen, Mr. Monitor

Jay Rosen’s Weekly Series on CCI: Monitoring in the Health Care Sector – Part I

By | AMI News, Jay Rosen, Media

Jay Rosen begins a deep dive into health care monitoring and how the proactive use of a health care monitor can positively impact all stakeholders: the regulators, the industry itself and the consumers of health care services, the public.

Independent integrity monitoring can be particularly valuable and important in the health care sector because in many ways, health care is the perfect storm for significant compliance risks – but it also has a greater opportunity to mitigate those risks. Using an independent third-party compliance expert or monitor can be one strategy to help mitigate risks.

Health care occupies a unique space in the American business world.

The size of the health care industry accounts for almost 20 percent of our economy.

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Jay Rosen, Mr. Monitor

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

By | AMI News, Jay Rosen, Media

Jay Rosen’s miniseries on suspension and debarment concludes with this look into the remedies federal agencies seek when misconduct is identified, and where the ultimate focus will lie: compliance.

The defense community largely led the process of putting together an effective ethics and compliance program. There were defense industry initiatives where the contractors got together and talked about what it takes to promote ethics and compliance; the defense industry been doing this for years. Unfortunately, nongovernmental commercial industries were not as far along as the defense industry.

Lately, there has been tremendous growth in the understanding that E&C is critical for any company.

read the full post here
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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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