EVERYTHING YOU WANTED TO KNOW ABOUT MONITORS — PART 4
JANUARY 12, 2021
How Much Will a Corporate Monitorship Costs?
I will now look at the always controversial topic of monitorship costs and expenses. In any post-resolution monitorship, the monitor is most likely coming in at the end of a long process. If it was a FCPA enforcement action, it could have been a years-long process with a lengthy investigation, coupled with an extensive remediation and then long negotiation with the government over the final penalty. Yet there is an approach that a company can use to help the final leg of this process be more palpable.
One must understand the settlement documents so that they can fully appreciate the scope of the monitor’s remit and what the government expects from the monitor.
Scope of the Monitorship
This process can be broken down into three key areas. The first is the scope of the monitorship. One must understand the settlement documents so that they can fully appreciate the scope of the monitor’s remit and what the government expects from the monitor. Some resolutions can have a narrow focus, with a finite number of records or other documents to review. With such information, the company can work to scope out a range of what their costs might be. Conversely the settlement documents can literally be wide-open, which obviously will have a dramatic impact on potential costs and even estimating.
The frequency of monitoring will have a significant impact on your overall monitorship costs.
Frequency of Engagement
The next factor to consider is frequency. By this I mean how often is the monitor engaging in monitorship activities for the company?
The frequency of monitoring will have a significant impact on the overall monitorship costs.
The final factor to consider is duration. Tied to this question of frequency is the length of the monitorship. How long will the monitorship last, one-year, two-years, three-years or even five years; is a critical element.
Does the monitor understand their role, as prescribed by the four corners of the settlement document(s)? Or are they going to reinvent the wheel for each new part of the monitorship?