Our experts provide independent monitoring services and support appointed monitors for organizations across industries to ensure laws, regulations, and prosecutorial/enforcement agreements are followed, and breaches are addressed.
In our function as a monitor or supporting monitors, our experience helps companies evaluate and enhance the effectiveness of their compliance programs.
Our experience in monitorships and independent compliance consulting, combined with investigative, compliance, financial, data, technical, and technology expertise enables clients to implement effective compliance programs to meet regulatory and legal requirements.
Whether directed by an enforcement action or voluntarily implemented, our investigators and independent compliance experts utilize their experience to uncover inaccurate, fraudulent, or non-compliant activities and work with clients to help to mitigate future violations. We have been retained to provide independent monitoring and compliance consulting services as a condition of plea or settlement agreements from a prosecutor’s office or a court-ordered mandate in addition to settlements with governmental and self-regulatory organizations.
As monitors, we act as an independent third party retained by a government agency, court mandate, or private entity to eliminate fraud, waste, and abuse, and promote compliance with federal and state laws and regulations. Our monitors leverage legal, financial, forensic, auditing, investigative, risk control, and compliance skills and are trained to conduct monitoring according to the highest ethical standards.
Our focused audits and independent testing ensure that criminal, regulatory, and compliance issues are addressed without causing undue disruption to the daily operations of the monitored organization.
Our independent monitors provide clients with internal control reviews, as well as governance and compliance strategies to detect fraud, waste, abuse, regulatory violations, and other procedural non-compliance.
When seeking to resolve alleged violations of the Foreign Corrupt Practices Act (FCPA) and/or other global anti bribery and corruption statutes, the U.S. Department of Justice and other regulatory agencies may require a company to retain an independent third party to act as the FCPA compliance monitor to evaluate a company’s policies and procedures and monitor the development of a plan that identifies, mitigates, and responds to instances of potential corruption and bribery.
Our FCPA experts advise clients and/or assist the counsel selected as monitor in testing the effectiveness of the FCPA compliance program and whether other anti-bribery and corruption programs required by other jurisdictions meet compliance standards.
In our capacity serving as the monitor or in our assistance to the monitor, we provide fact-gathering support, interview employees at all levels and in various affected geographic regions, and evaluate accounting and financial data to test the adherence to the policies, procedures, and regulations. We also test internal controls to determine the efficacy of detecting inappropriate transactions. We are experienced in effectively coordinating with counsel, the monitor, and the company to interact with U.S. and foreign regulators.
Both the Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) can require monitorships to determine whether internal compliance programs are adequate and would prevent recurrence of company misconduct. The SEC can seek the appointment of a monitor in a wide range of civil and administrative proceedings or as part of a settlement agreement, while the DOJ focuses on criminal matters. The two agencies often work in tandem and impose a single monitor to ensure compliance with federal securities laws and federal criminal statutes.
We have established reputations with courts, regulators, and other government agencies worldwide and maintain a proven track record of assisting independent monitors or acting as integrity monitors in overseeing settlement agreements and deferred prosecution agreements.
Once appointed as monitor, we assess and examine an organization’s compliance with the terms of the agreement specifically designed to address and reduce the risk of any misconduct recurrence. In our assistance to monitors, our experts evaluate and identify opportunities to strengthen internal controls, corporate ethics, and compliance programs, as well as complete transaction testing.
We help clients screen for companies, organizations, or individuals that appear on a sanctions list. Sanctions can be put in place by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other governments or international entities.
Our experts address the full range of global sanctions compliance challenges to both prevent and detect potential violations.
Depending on the role we take in a monitorship, we provide clients with proactive compliance measures, including training, design, and delivery; enhanced due diligence support; enterprise risk assessment and modeling; audit co-sourcing; data rationalization and enhancement; program assessment and operational design; technology consulting and implementation; and transactional testing.