Since 2004, Affiliated Monitors has served as the independent monitor on a broad range of matters involving federal and state regulators, law enforcement, and professional licensing boards. We bring in-depth experience and knowledge of the requirements of independent monitoring and the expectations of regulatory agencies., Over more than 500 monitoring engagements, we have seen how the monitor adds value to the client. Usually charged with tracking compliance with the terms of formal agreements (such as Corporate Integrity Agreements, Consent Decrees, Court Orders, Deferred Prosecution Agreements, Administrative Agreements, or Settlement Agreements), frequently the monitor is also tasked with:

• Reviewing the steps taken by the client/ company to remediate past problems and reduce the likelihood of recurrence of misconduct;
• Evaluating the due diligence demonstrated in addressing areas of risk;
• Assessing the strengths and weaknesses of ethics and compliance programs, and reviewing the effectiveness of such programs on the staff;
• Making recommendations for further strengthening of the compliance activities, ethics programs, and corporate culture.

When the client and/or company must implement internal controls, foster effective ethics and compliance-related programs, correct deficiencies, or address other risk areas, Affiliated Monitors’ experts share their extensive knowledge in the form of pragmatic, peer-to-peer advice. This includes the ability to benchmark the company against industry best practice standards.

Voluntary Monitoring

When a company is voluntarily engaging a monitor, it should thoroughly vet potential candidates to maximize the value it gets from the monitoring relationship. By selecting a monitor that is well-regarded by the company’s primary regulators, the monitoring engagement will potentially yield greater credibility should settlement discussions arise in the future.

Best practices to selecting monitors:
✓ Work through legal counsel, professional organizations and other resources to obtain monitor references.
✓ Consider drawing from the relevant government agency’s pre-screened list of monitors.
✓ From the outset, express preferences or concerns about a proposed monitor
✓ Determine rates and overall anticipated cost, along with any assumptions that the monitor used in developing the pricing or estimates.

Mandatory Monitoring

Where monitoring is mandated by the government, obviously, the company will have less control over the selection of the monitor than where it is voluntarily engaging a monitor. The degree of the company’s influence may depend on the nature of the violation or misconduct, time pressures involved in coming to a settlement and the practices of the government entity or entities involved. While the company may not have final decision making authority over the monitor, it should be substantively involved in the selection process.

Best practices to selecting monitors:
✓ Work through legal counsel, professional organizations and other resources to obtain monitor references.
✓ Consider drawing from the relevant government agency’s pre-screened list of monitors.
✓ From the outset, express preferences or concerns about a proposed monitor (which it can objectively demonstrate to the government).
✓ Determine rates and overall anticipated cost, along with any assumptions that the monitor used in developing the pricing or estimates.