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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.

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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.

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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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Eric Feldman featured on the SCCE Compliance Perspectives Podcast — the Benczkowski Memo & Corporate Monitors

By | AMI News, Eric Feldman, Media
via Adam Turteltaub at SCCE

In October 2018 Assistant Attorney General Brian Benczkowski of the US Department of Justice issued a memo entitled “Selection of Monitors in Criminal Division Matters.”  Some took the memo to herald the end of corporate monitorships.

Not so, says Eric Feldman of Affiliated Monitors.  In this podcast he explains that, instead, the memo was designed to improve both the selection of monitors and the process for determining whether having a monitor is appropriate.

Over the years it had become the default to have a monitor when a Deferred Prosecution Agreement was put in place.  Now a cost/benefit analysis will be conducted before going down this often long road.  The DOJ will be examining factors such as who was involved in the wrongdoing and what progress the company has made on its own to strengthen its compliance efforts.

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5-Part FCPA Podcast Series feat. Don Stern: Independent Monitoring & Proactive Assessments for Defense Attorneys

By | AMI News, Donald Stern, Media

In this five-part podcast series sponsored by AMI, Tom Fox is joined by Don Stern. Together they consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings.

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

Day 1:

In this first episode, they introduce the concept of defense counsel working with independent monitors.

Day 2:

This week, in the second episode, Don Stern and Tom Fox take a deep dive into the nuts and bolts of defense counsel working with a third-party independent. They explore basic questions around the attorney/client privilege, review the steps an independent third-party monitor should take, and the always difficult decision on self-disclosure.

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Thoughts on Attending My First Women in Compliance Conference — by María Astigarraga

By | AMI News, Media, Press
Thoughts on Attending My First Women in Compliance Conference

Last month I attended my first Women in Compliance Conference and Awards in London. It was such a great experience that I wanted to share who I met with, what I learned and why I recommend connecting with other global compliance leaders.

Around 80 people attended the Conference, coming from many countries like Spain, France, Italy, Germany, the USA, Finland, Belgium, China, Brazil, India, Russia and the UK, among others. Most women were working as compliance officers in big multinationals such as Boeing, Cargotec, General Electric, Pepsico, AB inBev, Tenneco, Whirlpool, Volkswagen or Bloomberg. But there were also some women working for SMEs and service providers like The Red Flag Group, Skadden, Mishcon de Reya or Affiliated Monitors.

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5-Part FCPA Podcast Series: Federal Contractor Responsibility for Ethics & Compliance

By | AMI News, Media, Press, Rod Grandon

In this special five-part podcast series, sponsored by Affiliated Monitors, Inc., Tom Fox visits with AMI Managing Director Rod Grandon. Along the way, they consider the responsibility of federal contractors to maintain their status as “Responsible Contractors” and explore the benefits of having an effective compliance and business ethics program not only to increase business efficiencies and profitability but prepare you in good stead if the regulators come knocking.

Day 1:

In this first episode, we introduce the concept of Responsible Contractors.

Day 2:

In this Episode 2, Grandon and Fox engage in more in-depth discussion what the government expects from contractors. The concept of the Responsible Contractor focuses on integrity and honesty. It goes beyond the notion of responsibility in all forms of interactions with the government and actions by the company in their commercial operations. 

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